HomeMy WebLinkAboutCity Council - 02/21/2012
AGENDA
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, FEBRUARY 21, 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. GTA REDEVELOPMENT
A. Humphrey Institute Student Projects
B. Global Green Project
II. SW LRT COMMUNITY ADVISORY COMMITTEE APPOINTMENTS AND
BUSINESS ADVISORY COMMITTEE RECOMMENDATIONS
Open Podium - Council Chamber (6:30 p.m.)
III. OPEN PODIUM
IV. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, FEBRUARY 21, 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/COLOR GUARD
III. COUNCIL FORUM INVITATION
IV. PROCLAMATIONS / PRESENTATIONS
A. EDEN PRAIRIE READS UPDATE
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 17, 2011
B. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 17, 2011
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LICENSE LIST
B. APPROVE 2012 EQUIPMENT RE PLACEMENT FUND SCHEDULE
C. AWARD CONTRACT FOR WATER TREATMENT FACILITY PROCESS
AND CONTROLS PHASE II IMPROVEMENTS PROJECT TO RICE LAKE
CONSTRUCTION GROUP
D. APPROVE CONTRACT WITH E.H. RENNER & SON TO UPGRADE
MUNICIPAL WELL NO. 3
E. APPROVE PURCHASE AND IMPLEMENTATION OF SIRE
TECHNOLOGIES’ ACTIVE REVIEW MODULE
CITY COUNCIL AGENDA
February 21, 2012
Page 2
F. APPROVE FINANCING OF 98 SETS OF TURN-OUT GEAR AND
CLEANING SERVICE THROUGH A FIVE YEAR LEASE
G. RECEIVE THE 2011 LGPEA PAY EQUITY REPORT AND APPROVE
SUBMITTAL OF REPORT TO THE STATE
H. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS AND
AUTHORIZE THE CITY MANAGER TO DISPOSE OF PROPERTY
IX. PUBLIC HEARINGS / MEETINGS
A. AGREEMENT BETWEEN THE CITY AND ROSEMOUNT FOR DEED’S
MINNESOTA INVESTMENT FUND LOAN
B. REPUBLIC COMPRESSED NATURAL GAS FUELING FACILITY by
Clean Energy. Request for: Planned Unit Development Concept Review on 24.32
acres, Planned Unit Development District Review on 24.32 acres, Zoning District
Amendment within the I-2 Zoning District on 24.32 acres and Site Plan Review of
24.32 acres. Location: 9813 Flying Cloud Drive. (Resolution for PUD Concept
Review; Ordinance for PUD District Review and Zoning District
Amendment)
C. RIDGE AT RILEY CREEK 5TH ADDITION by JMS Custom Homes. Request
for: Planned Unit Development Concept Review on 2.02 acres, Planned Unit
Development District Review on 2.02 acres , Zoning District Amendment within
the R1-13.5 Zoning District on 2.02 acres and Preliminary Plat of 2.02 acres into
five lots. Location: 9567, 9667, and 9687 Sky Lane. (Resolution for PUD
Concept Review; Ordinance for PUD Dist rict Review and Zoning District
Amendment; Resolution for Preliminary Plat)
D. EDEN PRAIRIE OFFICE RETAIL by Fendler Patterson.Request for: Planned
Unit Development Concept Review on 3.84 acres, Planned Unit Development
District Review with waivers on 3.84 acr es, Zoning District Amendment within
the I-2 Zoning District on 3.84 acres Site Plan Review of 3.84 acres and
Preliminary Plat of 3.84 acres into 1 lot. Location: 14675 and 14711 Martin
Drive. (Resolution for PUD Concept Revi ew; Ordinance for PUD District
Review and Zoning District Amendmen t; Resolution for Preliminary Plat)
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUES TS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
CITY COUNCIL AGENDA
February 21, 2012
Page 3
B. REPORT OF CITY MANAGER
1. Resolution Authorizing Issuance, Awarding Sale, Prescribing Form
and Details and Providing for Payment of $5,230,000 General
Obligation Crossover Refunding Bonds, Series 2012A
2. Resolution Authorizing Issuance, Awarding Sale, Prescribing Form
and Details and Providing for Payment of $3,240,000 General
Obligation Capital Improvement Pl an Crossover Refunding Bonds,
Series 2012B
3. Resolution in Support of Metropolitan Council’s 2012 Bonding Request
for Southwest Light Rail Transit
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1. Resolution Authorizing Livable Communities TOD Grant Application
for Town Center Stormwater Analysis
2. Resolution Authorizing TIA Desi gnation Applications for Five
Proposed LRT Station Areas
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: February 17, 2012
TO: Mayor and City Council
FROM: Rick Getschow, City Manager
RE: City Council Meeting for Tuesday, February 21, 2012
___________________________________________________________________________________________
TUESDAY, FEBRUARY 21, 2012 7:00 PM, COUNCIL CHAMBER
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE/COLOR GUARD
The Cub Scout Troop sponsored by St. Andrew Lutheran Church will be
performing the Color Guard duties.
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. EDEN PRAIRIE READS UPDATE
Rebecca Timmins, Marketing and Admissions Representative for the
International School, will provide an update on this year’s Eden Prairie
Reads book, The Hunger Games.
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, JANUARY 17, 2011
B. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 17, 2011
ANNOTATED AGENDA
February 21, 2012
Page 2
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
MOTION: Move approval of items A‐H on the Consent Calendar.
A. CLERK’S LICENSE LIST
B. APPROVE 2012 EQUIPMENT RE PLACEMENT FUND SCHEDULE
C. AWARD CONTRACT FOR WATER TREATMENT FACILITY PROCESS AND
CONTROLS PHASE II IMPROVEMENTS PROJECT TO RICE LAKE
CONSTRUCTION GROUP
D. APPROVE CONTRACT WITH E.H. RENNER & SON TO UPGRADE
MUNICIPAL WELL NO. 3
E. APPROVE PURCHASE AND IMPLEMENTATION OF SIRE
TECHNOLOGIES’ ACTIVE REVIEW MODULE
F. APPROVE FINANCING OF 98 SETS OF TURN-OUT GEAR AND
CLEANING SERVICE THROUGH A FIVE YEAR LEASE
G. RECEIVE THE 2011 LGPEA PAY EQUITY REPORT AND APPROVE
SUBMITTAL OF REPORT TO THE STATE
H. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS AND
AUTHORIZE THE CITY MANAGER TO DISPOSE OF PROPERTY
IX. PUBLIC HEARINGS / MEETINGS
A. AGREEMENT BETWEEN THE CITY AND ROSEMOUNT FOR DEED’S
MINNESOTA INVESTMENT FUND LOAN
Official notice of this public hearing was published in the February 9, 2012, Eden
Prairie News.
Synopsis: Rosemount plans to invest about $24,000,000 to renovate their building at
12005 Technology Drive in Eden Prairie. To he lp offset these costs they have been
approved to receive a $500,000 forgivable lo an (grant) through the Department of
Employment and Economic Development’s (DEED) Minnesota Investment Fund
(MIF). The City has applied for the loan on behalf of Rosemount and is the conduit
between DEED and the business.
Rosemount-Emerson is a Fortune 500 company headquartered in Missouri and has over
129,000 employees worldwide. They design an d manufacture a variety of electronic
equipment. One of their eight core business units, Emerson Process Management, designs
and manufactures control valves, regulators, and flow measurement devices and is
headquartered in Chanhassen.
ANNOTATED AGENDA
February 21, 2012
Page 3
The flow division of Emerson Process Management is located in Eden Prairie at 12005
Technology Drive and has about 600 employees . The renovations in Eden Prairie will
include additional offices and improvements to the exterior of the building but will not
expand the existing footprint.
Public Hearing Requirement: In 1999 the Mi nnesota Legislature enacted a statute
setting requirements for subsidies allocated to businesses by state or local government
agencies. The law intended to stimulate public discussion about what should be
required from businesses in return for invest ment of public resources. To comply with
this law the City adopted a business subsidy policy in 2000 (attached) which includes
criteria for awarding business subsidies. The law also requires a public hearing before
a subsidy is provided to a business.
Loan Agreement: The attached agreement outlines the terms and conditions of the
loan. Disbursements will be made to Ro semount only after the City has received:
1. Evidence that they have created 100 new permanent full time jobs at their Eden
Prairie facility.
2. Invoices for building ren ovation costs up to $500,000.
The new jobs must pay a wage of at leas t $13.00 per hour, exclusive of benefits. If
Rosemount fails to meet the job creation goa l and wage level within twenty-four (24)
months they will be required to return all, or a proportional share of the loan to the
City and DEED.
MOTION: Move to:
Close the Public Hearing; and
Approve agreement between the City and Rosemount, Inc. outlining
terms and requirements of a $500,000 forgivable loan (grant) to be
provided to Rosemount from DEED’s Minnesota Investment Fund (MIF).
B. REPUBLIC COMPRESSED NATURAL GAS FUELING FACILITY by Clean
Energy. Request for: Planned Unit Development Concept Review on 24.32 acres,
Planned Unit Development District Review on 24.32 acres, Zoning District
Amendment within the I-2 Zoning District on 24.32 acres and Site Plan Review of
24.32 acres. Location: 9813 Flying Cloud Drive. (Resolution for PUD Concept
Review; Ordinance for PUD District Re view and Zoning District Amendment)
Official notice of this public hearing was published in the February 9, 2012, Eden
Prairie News and sent to 23 property owners.
Synopsis: The proposed use is for a private compressed natural gas fueling facility
for Allied/Republic trucks. The proposed compressed natural gas dispensers will
replace the existing fueling dispensers. 191 time-fill spaces are proposed. 105 refuse
trucks are based at the property. An incr ease in fleet is not anticipated. At the
Planning Commission meeting residents asked if how close the Williams pipeline was
to the proposed natural gas facility. The pipe line was not shown on the development
plans. The next day staff provided a map to the residents showing the location of the
ANNOTATED AGENDA
February 21, 2012
Page 4
pipeline over 2,000 feet away from the pr oposed natural gas facility. The 120-Day
Review Period Expires on April 24, 2012. The Planning Commission voted 5-0 to
recommend approval of the projec t at the January 9, 2012 meeting.
MOTION: Move to:
Close the Public Hearing; and
Adopt the Resolution for Planned Unit Development Concept Review
on 24.32 acres; and
Approve 1st Reading of the Ordinance for Planned Unit Development
District Review with waivers, and Zoning District Amendment within
the I‐2 Zoning District on 24.32 acres; and
Direct Staff to prepare a Development Agreement incorporating Staff
and Commission recommendations and Council conditions.
C. RIDGE AT RILEY CREEK 5TH ADDITION by JMS Custom Home s. Request for:
Planned Unit Development Concep t Review on 2.02 acres, Planned Unit
Development District Review on 2.02 acres, Zoning District Amendment within the
R1-13.5 Zoning District on 2.02 acres and Preliminary Plat of 2.02 acres into five
lots. Location: 9567, 9667, and 9687 Sky Lane. (Resolution for PUD Concept
Review; Ordinance for PUD District Re view and Zoning District Amendment;
Resolution for Preliminary Plat)
Official notice of this public hearing was published in the February 9, 2012, Eden
Prairie News and sent to 23 property owners.
Synopsis: The proposal is to plat 3 existing lo ts into five single-family lots. The
proposed lots meet the requirements for the R1-13.5 zoning district. The 120-Day Review
Period Expires on April 13, 2012. The Planning Commission first reviewed this item on
January 9, 2012. Property owner notification did not get mailed to all affected property
owners 10 days in advance of this meeting and the hearing was continued to the January
23, 2012 meeting. Staff amended the notice map, ordered new mailing labels from
Hennepin County, and mailed out notices on January 13 th. The Planning Commission
voted 5-0 to recommend approval of the project at the January 23, 2012 meeting.
MOTION: Move to:
Close the Public Hearing; and
Adopt Resolution for Planned Unit Development Concept Review on
2.02 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 2.02 acres; and
Adopt the Resolution for Preliminary Plat on 2.02 acres into 5 lots; and
Direct Staff to prepare a Development Agreement incorporating Staff
and Commission recommendations and Council conditions.
ANNOTATED AGENDA
February 21, 2012
Page 5
D. EDEN PRAIRIE OFFICE RETAIL by Fendler Patterson.Request for: Planned
Unit Development Concept Review on 3.84 acr es, Planned Unit Development District
Review with waivers on 3.84 acres, Zoning District Amendment within the I-2
Zoning District on 3.84 acres Site Plan Review of 3.84 acres and Preliminary Plat of
3.84 acres into 1 lot. Location: 14675 and 14711 Martin Drive. (Resolution for PUD
Concept Review; Ordinance for PUD Dist rict Review and Zoning District
Amendment; Resolution for Preliminary Plat)
Official notice of this public hearing was published in the February 9, 2012, Eden
Prairie News and sent to 17 property owners.
Synopsis: The plan includes a reuse of the ex isting building to accommodate Appliance
Smart and the construction of a 17,600 square foot industrial building. There are waivers
for percentage of retail, setbacks, and signs.
The project will require the following waivers:
Existing Building
Increase in permitted retail from 15% to 48%.
Decrease in required parki ng from 144 to 45 spaces.
Front yard setback from 50 feet to 15 feet.
Side yard setback from 20 feet to 19.8 feet.
Permitting a wall sign not on a street frontage.
Proposed Building
Increase in permitted retail from 15% to 100%.
The waivers for increased retail and less parking is reasonable based on actual parking
demand for Appliance Smart. The building setback waivers are the result of the expansion
of Highway 5. Moving the sign from the north to the southeast elevation is reasonable since
the sign size conforms and does not contribute to sign clutter along Highway 5. Parking for
the proposed building as 100% retail is 5/1,00 0 sf. The plan meets this requirement.
The 120-Day Review Period Expires on Ap ril 26. 2012. The Planning Commission first
reviewed this project on January 23, 2012 a nd voted to continue the hearing until
February 13, 2012. The Planning Commission vot ed 8-0 to recommend approval of the
project at the Februa ry 13, 2012 meeting.
MOTION: Move to:
Close the Public Hearing; and
Adopt the Resolution for Planned Unit Development Concept Review on
3.84 acres; and
Approve 1st Reading of the Ordinance for Planned Unit Development
District Review with waivers, and Zoning District Amendment in the I‐2
Zoning District on 3.84 acres; and
Adopt the Resolution for Preliminary Plat on 3.84 acres into 1 lots; and
Direct Staff to prepare a Development Agreement incorporating Staff
and Commission recommendations and Council conditions.
ANNOTATED AGENDA
February 21, 2012
Page 6
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUES TS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
1. Resolution Authorizing Issuance, Aw arding Sale, Prescribing Form and
Details and Providing for Paym ent of $5,230,000 General Obligation
Crossover Refunding Bonds, Series 2012A
Synopsis: The 2012A bonds will refinance the 2005C bonds which were
issued to finance park improvements and have an estimated savings of
$330,000.
MOTION: Move to adopt resolution authorizing issuance,
awarding sale, prescribing the form and details and providing for
the payment of $5,230,000 General Obligation Crossover
Refunding Bonds, Series 2012A.
2. Resolution Authorizing Issuance, Aw arding Sale, Prescribing Form and
Details and Providing for Paym ent of $3,240,000 General Obligation
Capital Improvement Plan Cross over Refunding Bonds, Series 2012B
Synopsis: The 2012B bonds will refinance the 2006B bonds which were
issued to finance Fire Station #4 an d have an estimated savings of $129,000.
MOTION: Move to adopt resolution authorizing issuance,
awarding sale, prescribing the form and details and providing for
the payment of $3,240,000 General Obligation Capital
Improvement Plan Crossover Refunding Bonds, Series 2012B.
3. Resolution in Support of Metropolitan Council’s 2012 Bonding Request for
Southwest Light Rail Transit
Synopsis: Members of the Hennepin County Boar d have requested that all of
the cities along the Southwest Light Rail Transit (SWLRT) line adopt a
resolution of support for the funding of the project th at is currently proposed
by the Metropolitan Council in Governor Dayton’s capital bonding bill. The
$25 million state bonding request is crucia l to keeping the project on schedule
as it moves through Preliminary Engineering and seeks final federal approval.
ANNOTATED AGENDA
February 21, 2012
Page 7
MOTION: Move to adopt resolution in support of Metropolitan
Council’s 2012 bonding request for Southwest Light Rail Transit.
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1. Resolution Authorizing Livable Co mmunities TOD Grant Application for
Town Center Stormwater Analysis
Synopsis: Eden Prairie is applying for Livable Communities Transit Oriented
Development Pre-Development grant funds for a Stormwater Analysis of the
½ mile radius surrounding the proposed Town Center Station. The area is
eligible for Transit Improvement Area de signation. The reques ted grant is for
$45,000 with a city match of $15,000.
MOTION: Move to adopt the Resolution authorizing the City of
Eden Prairie to apply for Livable Communities Transit Oriented
Development grant funds for Town Center Stormwater Analysis.
2. Resolution Authorizing TIA Designat ion Applications for Five Proposed
LRT Station Areas
Synopsis: The Transit Improvement Area (TIA) Designation program is
provided through the Department of Employment and Economic Development
(DEED). Designations are required to r eceive DEED loans for projects that
increase the effectiveness of transit by incorporating commercial, residential, or
mixed-use development and provide fo r safe, pedestrian-friendly use.
There are currently no state loan funds available through DEED for this
program. However, DEED has been appr oving designations for future loans if
money becomes available. The TIA designations also improve scoring for
Livable Communities Demonstration Account (LCDA) grants through the
Metropolitan Council. The designations are not required for the first round of
Livable Communities Transit Oriented Development (TOD) grants but
communities must be eligible for the designations. The City is applying for a
TOD grant for Stormwater planning in th e Town Center area. Future TOD grant
rounds may require that the designations are in place.
MOTION: Move to adopt the Resolution authorizing the City of
Eden Prairie to approve five Transit Improvement Area designation
applications for the proposed City West, Golden Triangle, Town
Center, Southwest Station and Mitchell Road Light Rail stations.
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
ANNOTATED AGENDA
February 21, 2012
Page 8
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.
UNAPPROVED MINUTES
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
Len Simich, CEO of Southwest Transit, provided an update on the organization’s
activities in 2011 and upcoming projects for 2012. Highlights from 2011 included:
Southwest Transit provided more than 1 million rides
Zero missed trips
99% of customers said they are very satisfied/satisfied with Southwest Transit
Simich also reviewed 2011 cost savings/budget balancing measures, including reductions
in overall cost per passenger for $400,000 in savings and a park-out program that resulted
in $150,000 in savings. Southwest Transit’s community outreach efforts included bus
service to the State Fair, weekday Twins games, the Holid azzle Parade and Como Zoo.
Southwest Transit completed construction of a 400-stall ramp at Ch anhassen Station in
2011 and began design of the East Creek Station. Service to the University of Minnesota
also had to be completely redesigned because of disruptions resulting from LRT
construction near campus.
Southwest Transit’s plans for 2012 include:
Exploring expansion into new markets on the 494 Corridor, Carver, Victoria and
Waconia
Pursuing sale/lease of the Chaska facility
Updating the Eden Prairie Garage
Pursuing sale of the Southwest Village property
Exploring the possibility of constructing joint SW office a nd retail structure at SW
Village
Design, bid and construction of the new East Creek ramp/station
Release of a new Smart Phone app with real-time schedule information
Upgrading IT infrastructure
Pursuing MVST funding
Exploring direct allocation of the transit tax collected in their service area
ITEM NO.: VI.A.
City Council Workshop
January 17, 2012
Page 2
Exploring becoming the sole trans it provider in their service area
Supporting legislation relating to transit governance that would protect and expand
suburban transit operations
Council Member Nelson asked if Southwest Transit becomes the sole provider for this
area, would they provide the same services that are currently offered. Simich said local
control would allow for more and better services.
Community Development Director Janet Jeremiah said the SWLRT Works Board is
considering inviting Southwest Transit to sit on the board. She asked Simich if
Southwest Transit would be interested. Simich said they are interested.
II. FRANCHISE FEES
Public Works Director Robert Ellis gave a presentation on franchise fees. Ellis said that
the franchise agreements with electric and gas providers allows them to access City land
for utilities and guarantees them the right to do business in the City. This arrangement
alleviates the need for the utility companies to purchase private easements and provides
paved and plowed access to infrastructure. El lis explained that use of the right-of-way
results in costs to the City (maintenance, plowing, construction, etc.) that can recouped
through a franchise fee.
At the Council’s request, the Budget Advisory Commission studied a number funding
sources for street maintenance including street lighting fees, garbage hauling fees, cell
phone tower fees, special assessments, tax le vy increases and franchise fees. The BAC
determined that the best funding option is a franchise fee for gas and electric. They
found that franchise fees are easy to understand, easy to implement and administer, and
are considered equitable. BAC also recommended that the franchise fee be flat rather
than ad valorem. A flat fee provides a mo re stable funding source and is easier to
manage. In addition, the utility companies have expressed a strong preference for flat
fees.
Ellis presented a chart showing proposed fees, which are charged on a per building basis
and include several different categories such as residential, small commercial and large
commercial. Under the proposed fee structur e, residential electric customers would pay
$2.50 per month and residential gas cust omers would also pay $2.50 per month.
Commercial customers would be charged a fee based on type and size of business. Ellis
estimates that annual revenue for the electric franchise fee would be around $1,051,458
and $969,042 for the gas franchise fee.
Ellis said franchise fees would have to be set by Ordinance, which staff could present to
the City Council as soon as March. He said an educational campaign to inform people
about the fees would be an important component of the program.
Mayor Tyra-Lukens asked about how rate increases would be handled. Nelson is
concerned that the $2.50 per residence may not provide enough revenue as inflation
occurs and the City’s roads age. City Attorney Ric Rosow said negotiations are
underway to allow the City to raise the rates as inflation occurs. Butcher asked if there
City Council Workshop
January 17, 2012
Page 3
might be a perception of unfairness, since property owners with properties of different
sizes will be charged the same rate. Ellis sa id he does not think that will be a problem
since all residents drive on all of the streets, not just the por tion in front of their property.
Open Podium - Council Chamber (6:30 p.m.)
III. DOMESTIC PARTNERSHIP REGISTRY
A. Brad Weber
Weber urged the City Council to approve the domestic partnership registry. He
said it would be beneficial for families like his. To him, this is a personal issue,
not a political issue.
B. Gary Johnson
Johnson said he is opposed to the domestic partnership registry. He feels there is
little demand for a registry and it is not part of the City’s business. He said the
ordinance language is vague and open to interpretation, and it is inappropriate in
relation the upcoming defense of marriage amendment.
C. CeAnne Becker and Laura Kaczmarek
Becker and Kaczmarek thanked the City Council for approving the first reading of
the ordinance. They said passage of a domestic partnership registry would make
them feel as if Eden Prairie cares about them. They said the domestic partnership
registry is a way for unmarried but committed couples to document their
relationship.
D. Phil McDonald
McDonald said he is against the domestic partnership registry because it
discourages marriage between heterosexual couples.
E. Fred Koppelman
Koppelman said he is against the domestic partnership registry because it is the
first step toward redefining marriage. He said the City Council members are not
social workers, and the City does not belong in this business. He “instructed” the
City Council to vote no on the ordinance.
F. Marc Papineau
Papineau said his son, who lives in Chicago, is gay. Nevertheless, Papineau said,
he is against the domestic partnership registry. He does not see the need for it.
He said only nine couples have signed up fo r the registry in Edina. He said the
City Council should not be enacting ordinances that address only small groups of
people.
City Council Workshop
January 17, 2012
Page 4
G. Dave Steeler
Steeler said he has been an Eden Prairie resident for 16 years. He is opposed to
the registry because it is not the function of a City government. He said there are
other legal means available to people.
IV. ADJOURNMENT
UNAPPROVED MINUTES
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, 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. PROP UPDATE
Anne Harnack, PROP Executive Director, reviewed the statistics for residents
served by PROP in 2011. She said they have a new holistic approach to services
that includes food services, financial assistance, child/you th services, and a holiday
program. They have over 130 volunteers to support the activities at PROP. Their
Souper Bowl Saturday event will be held on January 28, 2012.
Tyra-Lukens asked about the difference between the food order and the pantry area
items. Harnack said the food order can be used once a month to supplement the
client's food supply. The pant ry area can be used weekly and has fresh breads and
produce provided by grocers.
B. DR. MARTIN LUTHER KING, JR., PROCLAMATION
Mayor Tyra-Lukens read a proclamation declaring 2012 as a year to celebrate
human rights and diversity and to recognize and celebrate Dr. Martin Luther King,
Jr.'s dream.
Pam Spera, Chair of the Human Rights & Diversity Commission, announced the
opening of the application process for the Human Rights Award. She said
nominations for the award categories of individual, non-profit organizations,
business and youth awards will be open until March 2. The awards will be
presented at a City Council meeting in April.
ITEM NO.: VI.B.
CITY COUNCIL MINUTES
January 17, 2012
Page 2
C. MEET & GREET PROGRAM UPDATE
Dave Lindahl gave an update on the Meet & Greet business retention program. In
2011 they held 21meetings, primarily with business CEO's and owners throughout
Eden Prairie. He said the program is ve ry well received and the feedback is very
positive. The Minnesota Chamber of Commerce has a similar program called
"Grow Minnesota" where meet and greet s are conducted throughout the state.
Tyra-Lukens noted a Council Member who had a specific company to visit should
let Mr. Lindahl know.
D. FLAG DONATION
Lotthammer said we recently received a package from Afghanistan with an
American flag, a certificate of authenticity and a letter from Lt. Col. Sara
Cleveland. Lt. Col. Cleveland is a gradua te of Eden Prairie High School and is
serving at Bagram, Afghanistan. She donated th e flag with the request that at some
point it be flown at the Veterans Memori al. The committee would like to raise it at
the Memorial Day celebration and would also like to recognize Lt. Col. Cleveland's
service at that time.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Tyra-Lukens said she wanted to discuss Item XI.A. after the Consent Calendar.
MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as
amended. Motion carried 5-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 3, 2012
MOTION: Case moved, seconded by Nelson, to approve the minutes of the Council
workshop held Tuesday, January 3, 2012 as published. Motion carried 5-0.
B. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 3, 2012
MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of
the City Council meeting held Tuesday, January 3, 2012 as published. Motion
carried 5-0.
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LICENSE LIST
CITY COUNCIL MINUTES
January 17, 2012
Page 3
B. APPROVE SECOND READING OF ORDINANCE NO. 1-2012 AMENDING
CITY CODE 5.36 RELATING TO RECYCLING AND ADOPT
RESOLUTION NO. 2012-14 APPR OVING SUMMARY PUBLICATION
C. APPROVE EXECUTION OF 2012 GE NERAL FUND CONTRACTS BETWEEN
THE CITY OF EDEN PRAIRIE AND DESIGNATED RECIPIENTS
D. ADOPT RESOLUTION NO. 2012-15 AMENDING RESOLUTION NO. 2011-
106 SETTING COMMERCIAL SAC AND WAC FEES AT THE SAME
RATE AS INDUSTRIAL/PUBLIC/ OFFICE
E. ADOPT RESOLUTION NO. 2012-16 AUTHORIZING ISSUANCE AND SALE
OF $5,230,000 GENERAL OBLIGATION CR OSSOVER REFUNDING BONDS,
SERIES 2012A AND ADOPT RESOLUTION NO. 2012-17 AUTHORIZING
ISSUANCE AND SALE OF $3,240,000 GE NERAL OBLIGATION CAPITAL
IMPROVEMENT PLAN CROSSOVER REFUNDING BONDS, SERIES 2012B
F. ADOPT FUND BALANCE POLICY
G. ADOPT RESOLUTION NO. 2012-18 ACCEPTING 2011 DONATIONS
H. ADOPT RESOLUTION NO. 2012-19 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 ORDINANCE NO. 2-2012 AMENDING CITY
CODE SECTION 2.86 RELATING TO SURPLUS AND FOUND PROPERTY
AND ADOPT RESOLUTION NO. 2012-20 APPROVING SUMMARY
PUBLICATION
MOTION: Nelson moved, seconded by Case, to approve Items A-J on the Consent
Calendar. Motion carried 5-0.
XI. ORDINANCES AND RESOLUTI ONS (taken out of sequence)
A. SECOND READING OF ORDINANCE NO. 3-2012 AMENDING CITY CODE
CHAPTER 5 RELATING TO ADOPTION OF A DOMESTIC PARTNERSHIP
REGISTRY AND RESOLUTION NO. 2012-25 APPROVING SUMMARY
PUBLICATION
Tyra-Lukens said this is not a public hearing, but she will open it up to public
comment. She said prior to the start of the Council meeting a number of people
addressed the City Council for and against the issue, and she thanked them for their
comments.
CITY COUNCIL MINUTES
January 17, 2012
Page 4
Getschow said this is a second reading of an ordinance amending the City code
relating to adoption of a domestic partnership registry. First reading occurred at the
previous Council meeting on January 3. He said this item has been on the Human
Rights & Diversity Commission's work plan for some time.
There were no comments from the audience.
Aho said he has had time to think about this since our vote on this issue on January
3. He believes it is a very important issue, and it is a big change in direction for our
City. He said the institution of marriage strengthens our society, but this ordinance
undermines the foundation of our society. The proposed ordinance was put forward
by our staff and a handful of members on the Human Rights & Diversity
Commission. He felt there is no urgency to pass this ordinance tonight. He said
only 13 cities in the State have adopted this ordinance, which is 1.5% of the cities
in Minnesota. None of the 87 counties in Minnesota have domestic partnership
registries, nor does the State. There is no registry for married people at the local
level. We already have the Eden Prairie Manifesto which states we will not
discriminate against anyone. The Manifesto stands alone and is sufficient by itself.
Aho said the ordinance lists the benefits of the registry and states it may assist
people in receiving benefits. He would like specific examples of any company or
organization that will give benefits because of this ordinance. He thought any
organization that was willing to give benefits would do so without this ordinance.
He was concerned about wasting time on so mething that affects so few people. At
the last meeting the City Attorney said the City cannot grant insurance benefits to
domestic partners because of State law. The city does not record births or deaths so
how are we as a City going to administer the ordinance. The ordinance was written
without input from the City Council and has specific language that is contradicted
by State law in terms of insurance benefits. It contains specifi c language that one
benefit will be membership at of the Community Center, which was made without
input from the Parks & Recreation Co mmission. The Human Rights & Diversity
Commission has no authority to grant benefits the City has designated for families.
This registry has no impact on any hospital in this State according to HIPPA laws.
He thought we should reevaluate this ordinance and take some time to look at this.
MOTION: Aho moved to table second reading of the ordinance until the ordinance
has been discussed at a Council workshop, our Parks & Recreation Commission
can review the Community Center issue, our legal staff can review this to
determine if the ordinance contradicts state law or opens the City to litigation, and
the case at Hennepin County has been ruled on. Motion died for lack of a second.
Butcher Wickstrom said nearly two decades ago the Eden Prairie City Council
made a commitment to establish the Eden Prairie Manifesto. That document has
been a cornerstone for our community and has encouraged the good works of our
Human Rights & Diversity Commission. The registry is a way for the City Council
to "walk the walk." She s upports the registry because it is the right thing to do.
CITY COUNCIL MINUTES
January 17, 2012
Page 5
Tyra-Lukens asked City Attorney Rosow if this ordinance conflicts with State law
on registries. Rosow said there is no law on registries, and he does not believe it
conflicts with State law.
Aho said one of the reasons listed for the ordinance is that it would provide benefits
for people that register. He sa id that conflicts with State law for us as an employer
being able to provide benefits to our employees who might be registered.
Tyra-Lukens said the language reads "may provide benefits." The registry may
assist with obtaining benefits and that would vary from employer to employer or
from club to club.
Rosow said the staff memorandum that accompanies the proposed ordinance
contains the language about possible benefits. It is not a requirement of the City or
any business entity to provide those benefits. The City is not able to provide
insurance benefits to domestic partners. He did not see the ordinance in violation of
that law and did not see the language as saying we shall provide those benefits.
Case did not think the ordinance is about licensing or sanctioning, but rather is
about availing some of our residents an opportunity. He said he continued to
support the ordinance.
Nelson thought this registry is irrelevant as to whether the State law goes up or
down in November. She didn't believe it makes a statement one way or another in
favor of a potential State law. It doesn't grant any privileges of marriage to people
on the registry. She didn't see any reason not to pass it and didn't see this as a
political statement, but rather as a way to help people exercise their rights or to
provide information for genealogists. Sh e thought there were compelling arguments
on both sides, but she believed this is something that costs very little to do and may
be of help to some of our residents.
Regarding health club membership, Aho thought we are discriminating against
roommates by saying we are going to apply the same benefits of married couples to
people who have signed up for the registry. He thought it is discrimination against
those people such as roommates who are not covered by the registry. He thought
this is one step forward that marriage doesn't matter anymore and further
undermines the state of marriage.
Tyra-Lykens said she has received one phone call and three emails against the issue
and 12 in favor of the ordinance, which struck her as a really unusual response. She
was surprised at the low number of responses against. There were a lot of issues
brought up in the emails. She has thought a lot about those responses and the issues
raised by Council Member Aho. She said she understood where he was coming
from on the issue of benefits, but to her we are not talking about marriage and
licensing. We received some comments a bout how we should be working on other
things. It is not unusual for us to deal with things that affect a small number of
people, so we are not neglecting things by looking at this issue. She thought all we
can do is look at the issue that is on the plate right now and vote what we feel is the
CITY COUNCIL MINUTES
January 17, 2012
Page 6
right thing to do. States have allowed cities to do registries, so it is within our
venue to do something about this. She felt this is the right thing to do. Based on
comments, the temperament of the community is to allow the registry. The majority
don't have a fear of what this will do.
MOTION: Case moved, seconded by Butcher Wickstrom, to approve Second
Reading of Ordinance No. 3-2012 amendi ng City Code Chapter 5 relating to
adoption of a Domestic Partnership Registry and to adopt Resolution No. 2012-25
approving summary publication. Motion carried 4-0-1, with Aho opposed.
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 lots and road right of way. Location: 15640
Pioneer Trail. (Resolution No. 2012-21 for PUD Concept Review; Ordinance for
PUD District Review with waivers and Zoning District Change; Resolution No.
2012-22 for Preliminary Plat)
Getschow said this is a 20 lot single fa mily subdivision with waivers for lot size,
dimension, and setbacks. The Planning Commi ssion first reviewed this project at the
November 14, 2011 meeting and voted to contin ue the project to look at alternative
road options. At the December 12, 2011 meeting the Commission voted 7-0 to
recommend approval of a plan with no road connection to Corral Lane.
Todd Simning, SK Partners, LLC, gave an overview of the project. He said the
property is the McGraw Landscaping property on the corner of Mitchell Road and
Pioneer Trail. The original plan had a connection to Corral Lane. The City code
regarding grade size made this a difficult site to engineer. They developed a plan and
had a neighborhood meeting at which they did not receive negative response from the
neighbors. At the Planning Commission meeting a number of neighbors said they
did not want the connection to Corral Lane. As a result of those comments, they
developed a plan that has two cul-de-sacs and returned to the Planning Commission
with that plan.
Tyra-Lukens asked what steps will be taken so someone doesn't drive from one cul-
de-sac to the other. Simning said they will pl ant some larger trees as pillars to make a
statement that there is no connection.
Case said it looks like there is a four-six foot grade di fference between the two cul-
de-sacs. Cara Otto, Otto Associ ates, said they are they are very close. There will be a
sidewalk in that area, and the City wants the ability to cross over between the two
cul-de-sacs with emergency vehicles if necessary.
Case asked for a further explanation of why the decision was made to not connect.
Simning said it was primarily the neighborhood opposition. Staff recommended a
traffic study. The study showed there would be increased traffic on Corral Lane, but
CITY COUNCIL MINUTES
January 17, 2012
Page 7
it was well below the level that would cause a big impact on the surrounding
neighborhood. Ellis said neighborhood opposition did drive some of the decision
making. He reviewed the results of the traffic study. He said the st reets in the area are
narrower and there are sight line and grade issues so the neighbors thought there
would be problems.
Butcher Wickstrom was concerned the property is very close to the airport. Council
Members often see people who live near the airport here in the Council Chamber
who are not very happy. She noted there wa s a letter from MAC in the packet
addressing this issue, and she asked what the proponent plans to do to mitigate the
proximity to the airport. Simning said it is very difficult to mitigate the noise issues.
The intersection at Pioneer Trail has a lot of landscaping planned to provide a buffer
around the property, and there are only two houses at the end of the cul-de-sac that
abuts Pioneer Trail close to the airport. He said they will adhere to MAC's plan to
make the houses a little quieter. Butche r Wickstrom asked how they plan to
communicate to future buyers that there may be an issue with noise at the nearby
airport. Simning said he has built many houses around the Staring Lake area. They
always answer questions from people because they do bring up the issue. Jeremiah
said staff is requiring a disclosure statemen t to all future residents as part of the
developers agreement. There are noise reduction requirements specific to the
residences there. Butcher Wickstrom said we have MAC officials coming in and
asking why we allow building so close to the airport. She thought we have to figure
out how we mitigate these future complaints.
Tyra-Lukens asked if the developer's agreem ent is addressing the letter from MAC as
it sounds like a form letter. She asked if it is a notification to the City and we in turn
have to notify the builder to be diligent. Je remiah said that was correct. Simning said
he was not aware of the MAC's require ment of a disclosure statement.
Case was concerned about the future potential for a gas station to be built on Pioneer
Trail diagonally across from the new development because that would be out of the
City's control. He thought it might be smart to increase the plan tings on the southeast
corner of the project. Otto said they have to be careful about the sight triangle there,
but they may be able to intersperse evergreens with the other landscaping trees. Case
asked staff to work with the proponent on landscaping at the corner as well as for the
house that will be built on that corner.
Nelson said she would like to make a requirement that there be some kind of
evergreen coverage on that corner that would be heavier than what the current plans
show. She assumed we can make that a requirement of approval.
Rosow said in the discussion with the MAC a year ago we entered into a
Memorandum of Understanding regarding the development of their commercial
property that could be rezoned and also identified the zoning that could be in place if
it were rezoned. In his latest conversations with MAC they said it was taking a long
time to come back to the City Council with their actual rezoning requests. They
identified the parcel across from this development as one that they will most likely
bring back for rezoning.
CITY COUNCIL MINUTES
January 17, 2012
Page 8
Jeremiah said there are transplanted evergreens along Mitchell Road and also spruce
trees along the corner. She said staff will take a very close look at the sight lines from
all of the houses to that corner. She said we changed the gas station ordinance so that
the quiet side of the station must be lo cated closest to the residential area. She
thought it would be a benefit to do more screening on that corner. Simning said there
are seven evergreens planned at that corner now, and he didn't have an issue with
putting 3-5 more in there to increase the density.
Butcher Wickstrom asked what the price point of the houses will be. Simning said it
will be in the $575-650,000 range for house and lot together.
Richard Smith, 9081 Palmetto Drive, was concerned that some of the mature trees at
the back of his property be retained because they provide residents with protection
and he thought leaving them there would be doable. He said the issue with Corral
Lane was a safety issue. He said this is th e first he had heard of a possible gas station
on the MAC property, and he definitely would like to have trees screening that view.
Ken Fricke, 15610 Corral Lane, was concer ned about the issue of emergency
vehicles having access between the two cul-de-sacs. He wondered what that would
look like and to what extent Corral Lane would be used as a construction entry
during the project's development. Otto said the landscaper and the landscape architect
did not feel the trees would live because of their proximity to the retaining wall. She
said they would like to be able to transplant the ones they can in order to save them.
There is a heavy amount of landscaping along that side for both the existing and new
residents. She said the connection point be tween the cul-de-sacs will have evergreens
on either side as pillars and large perennial grass plantings in the middle. She did not
expect this would be used frequently if at all, but Corral Lane does need that in an
emergency. She said there is no reason for construction vehicles to use Corral Lane.
Jane Palmquist, 8905 Cove Point Road, said th ey have been in contact with Todd at
the Sandy Point Homeowners Association and have not yet come to an agreement on
the retaining wall.
Simning said the construction traffic will be primarily off Mitchell Road. There will
be a fair amount of traffic on Corral Lane because they are putting in water and sewer
at the cul-de-sac and will need to rebuild that. Regarding the easement agreement on
the retaining wall, they will have to give in on that because the association does not
have insurance.
MOTION: Butcher Wickstrom moved, seconded by Case, to close the public
hearing; and to adopt Resolution No. 2012-21 for Planned Unit Development
concept review on 9.87 acres; and to appr ove 1st Reading of the Ordinance for
Planned Unit Development Di strict Review with waivers, and Zoning District
Change from Rural to R1-13.5 on 9.87 acr es; and to adopt Resolution No. 2012-22
for Preliminary Plat on 9.87 acres into 20 lots; and to direct staff to prepare a
development agreement incorporating staff and commission recommendations and
Council conditions regarding the extra tree mass and landscaping to be added to the
CITY COUNCIL MINUTES
January 17, 2012
Page 9
southeast corner of the project at Mitche ll Road and Pioneer Trail as discussed by
the Council at tonight's meeting.
Case said he wanted to make sure our direction regarding the tree mass and visual
blockage on the southeast corner was really clear. He thought there is a concern with
the impact of a possible gas station on this development, so the trees will be needed
to visually block the residences from the gas station. Nelson added she wanted that to
happen even if it meant taller and more expensive trees.
Simning said they might have to make some accommodations with landscaping in
other areas to compensate for the heavier landscaping at the southeast corner.
Jeremiah said staff would give them a break in the requirements in consideration of
the extra landscaping at the southeast co rner, but she couldn't say it would be a
wash and there would probably be an increased cost.
VOTE ON THE MOTION: Motion carried 5-0.
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 Amendment within the R1-13.5 Zoning
District on 1.15 acres and Pre liminary Plat of 1.15 acres into two lots. Location: 7000
Eden Prairie Road. (Resolution No. 2012-23 for PUD Co ncept Review; Ordinance for
PUD District Review with waivers and Zoning Distri ct Amendment; Resolution No.
2012-24 for Preliminary Plat)
Getschow said this is for a subdivision of one lot off of Eden Prairie Road into two
lots. The existing home will remain and the homeowner will construct another
home on the second lot. The plan meet s the setback requirements in the R1-13.5
zoning district. The plan requires a waiv er for the shared driveway. The shared
driveway is required since Hennepin C ounty does not want another driveway
access onto Eden Prairie Road for safety reasons. The Planning Commission voted
7-0 to recommend approval of the pr oject at the December 12, 2011 meeting.
Nelson asked if there will be some kind of a written agreement about the shared
driveway that both property owners will understand and that will be enforceable
over the long term. Jeremiah said we did require a cross access agreement, and we
could also make replacement and maintenance part of that agreement.
There were no comments from the audience.
MOTION: Aho moved, seconded by Butcher Wickstrom to close the public
hearing; and to adopt Resolution No. 2012-23 for Planned Unit Development
concept review on 1.15 acres; and to appr ove 1st Reading of the Ordinance for
Planned Unit Development di strict review, and Zoning Di strict Amendment within
the R1-13.5 Zoning District on 1.15 acres; and to adopt Resolution No. 2012-24 for
Preliminary Plat on 1.15 acres into 2 lots ; and to direct staff to prepare a
development agreement incorporating staff and commission recommendations and
Council conditions. Motion carried 5-0.
CITY COUNCIL MINUTES
January 17, 2012
Page 10
X. PAYMENT OF CLAIMS
MOTION: Case moved, seconded by Nelson, to approve the payment of claims as
submitted. Motion was approved on a roll call vot e, with Aho, Butcher Wickstrom,
Case, Nelson and Tyra-Lukens voting “aye.”
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
Jeremiah said the HAIG program is one additional way to insure our housing
stock is maintained in good condition and in conformance with code. There
are a number of townhome associations that are struggling with maintenance
needs and improvements. The HAI program allows us to special assess
property for improvements, but some of the townhome associations with a
number of low income residents have trouble paying back the special
assessments. The HAIG program is a grant program that would be a matching
grant up to $50,000 and would require re sidents to meet certain income
requirements. 95% of the residents in th e association would have to be at or
below the median income level for the metro area. The funds can be used to
help with rehabilitation and deferred maintenance as well as energy efficiency
improvements and accessibility issues. The funding source we would use is
the remaining funds from the de-certification of a TIF district that is expiring
this year. There is about $160,000 in that fund that would otherwise go back
to the County. In order to use those f unds, our plans to use them would have
to be in place by the end of the year. We would create a list of existing
programs as well as this program for which the funds would be used. There
would be an application process that is outlined in the program so it would be
a competitive process. We would advertise it to the homeowners associations.
They would have to meet certain requirements and we would have a point
system to award the funds.
Tyra-Lukens said she understood the funds from the de-certification can only
be used for housing programs. She asked if the City must have a plan for the
use of the funds in place by the end of 2012 or if all groups that would be
using the funds would have to be identified by the end of 2012. Jeremiah said
we would have to have a plan in place for which we would use the funds. She
CITY COUNCIL MINUTES
January 17, 2012
Page 11
said staff is recommending we don't lim it ourselves to the HAIG program but
identify other programs such as the first time home buyers and our
rehabilitation loan programs to have more flexibility. We would not have to
actually spend the funds by the end of the year.
Nelson asked if the program ceases once these funds are spent or is this
something that will come back for more funds. Jeremiah suggested we discuss
that when we talk about the Strategic Plan for Housing and Economic
Development later this spring. We coul d potentially allocate other CDBG
funds to this program in the future. We could look at the demand for our
different programs and prioritize where we would spend additional funding.
There will also be additional TIF de-cer tifications in the future that might
have remnant funds. She said we know there are needs out there, and we felt
the other programs are funded for 2012 a nd would prefer to advertise this
now and not miss the construction season.
Rosow said the overview and goals document is what the Council is being
asked to approve tonight. The appli cation and scoring document is an
administrative item. The City Council w ill retain the authority to award the
grants, and all applications will come before the City Council for final
approval.
MOTION: Case moved, seconded by Nelson, to approve the
Homeowner’s Association Improvement Grant Program which provides
matching funds to homeowner’s associations for eligible structural
improvements. Motion carried 5-0.
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Nelson moved, seconded by Case, to adjourn the meeting. Motion carried 5-
0. Mayor Tyra-Lukens adjourne d the meeting at 7:36 PM.
- 1 -
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 21, 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 licenses listed below
Raffle
Organization: Summit Academy OIC
Place: Bearpath Golf & Country Club
18100 Bearpath Trail
Date: June 11, 2012
New Liquor License – New Ownership
Licensee name: Blue Napkin Group LLC
(Formerly Santorini Y Not, Inc)
DBA: Santorini
13000 Technology Drive
2012 Renewal Licenses
Precious Metal Dealer
Marquis Jewelers, Inc
DBA: Wedding Day Diamonds
Solid Waste Collector
Keith Krupenny & Son Disposal
Shamrock Disposal Inc.
Lloyd's Construction
Tennis Roll Off LLC
Alpha Container Services & Recycling
Ray Anderson & Sons Companies Inc
Aspen Waste Systems Inc
Veit Disposal Systems
Veolia Environmental Services
LePage & Sons
Atomic Recycling LLC
Randy's Sanitation
Dick's Sanitation
Republic Services Inc
Total Sanitation Service, Inc
Organic Disposal LLC
Buckingham Trucking Inc
Waste Management
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 21, 2012
DEPARTMENT:
Cliff Cracauer
Public Works / Fleet Services
ITEM DESCRIPTION:
2012 Equipment Replacement Fund Schedule
ITEM NO.: VIII.B.
Requested Action
Move to: Approve purchase of replacement vehicles and equipment acquisition and installation as listed
in the 2012 Budget and as itemized in the attached Schedule.
Synopsis
The Equipment Replacement Fund was developed by Fleet Services to provide a 15-year projection of
equipment needs and a corresponding replacement schedule for each vehicle. Annual budget requests are
created from this schedule, which determines a spending amount that is included for approval in the
operating budget. When the details of each replacement/purchase are finalized, including testing the
vehicles against our replacement policy guidelines, the final list is prepared and submitted for approval—
the requested action. The attachment for the 2012 vehicle replacements shows a net impact to the General
Fund Operating budget of $589,000, which compares favorably to the spending level established in 2012
budget of $719,000.
These vehicles will be purchased through the state of Minnesota cooperative purchasing venture which is a
competitively sealed bid process.
Attachment
2012 Replacement Vehicle / Equipment Purchase List
TO: Robert Ellis
FROM: Cliff Cracauer
DATE: January 9, 2012
SUBJECT: 2012 Replacement Vehicle Purchase s—Fleet Capital Internal Service Fund
Here is the list of replacement vehicles a nd equipment for the year 2012 these costs include
vehicle set-up, special equi pment, lighting and taxes:
Service Area Replacement Total Cost
Streets
129 Lgt Truck $ 43,000.00
130 Lgt Truck $ 43,000.00
Subtotal $ 86,000.00
Police
201 Automobile $ 30,000.00
202 Automobile $ 30,000.00
204 Automobile $ 30,000.00
209 Automobile $ 30,000.00
212 Automobile $ 30,000.00
258 Automobile $ 30,000.00
272 Automobile $ 25,000.00
273 Automobile $ 25,000.00
275 Lgt Truck $ 25,000.00
Subtotal $ 255,000.00
Fire
353 S.U.V. $ 40,000.00
376 Lgt Rescue $ 43,000.00
Subtotal $ 83,000.00
Park & Recreation
444 Turf sweeper $ 70,000.00
440 Lgt Truck $ 21,000.00
442 Lgt Truck $ 39,000.00
445 Lgt Truck $ 40,000.00
Subtotal $ 170,000.00
Facilities
512 Lgt Truck $ 25,000.00
20/40/15 Compact Utility
Vehicle(s) $ 50,000.00
Subtotal $ 75,000.00
Total all purchases $ 669,000.00
Less salvage value $ 80,000.00
Total Equipment
Fund $ 589,000.00
TO: Robert Ellis
FROM: Cliff Cracauer
DATE: January 9, 2012
SUBJECT: 2012 Replacement Vehicle Purchases—Utilities Enterprise Fund (Water, Sewer,
Storm)
Here is the list of replacement vehicles and equipment for the year 2012:
Water/Utility
729 Light Truck 4x4 plw 38,000.00$
Salvage ($7,500.00)
Total 30,500.00$
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE:
February 21, 2012
DEPARTMENT/DIVISION:
Rick Wahlen
Public Works/Utilities
ITEM DESCRIPTION: I.C. 08-5731
Award Contract to Rice Lake Construction
Group for Water Treatment Facility Process and
Controls Phase II Improvements in the amount
of $508,600
ITEM NO.: VIII.C.
Requested Action
Move to: Award the contract for the Water Tr eatment Facility Process and Controls Phase II
Improvements project to Rice Lake Cons truction Group in the amount of $508,600.
Synopsis
The City of Eden Prairie Utilities Division opened sealed bids on December 26, 2011 for the
second phase of construction of the electrical, mechanical, and digital controls improvements at
the City’s water treatment plan t. Staff recommends the City Council accept the low bid of
$508,600, and award the contract to Rice Lake Construction Group.
Background Information
In 2010-2011, the city performed ex tensive controls and water treatment process improvements,
a project which could not be completed until af ter the summer-time high water use period came
to an end. This important facility improveme nt project primarily concerning the upgrade of
chemical feed systems and controls is a continuation of what began last winter. The project will
be paid from the Water Utility Construction Fund.
Attachments
Recommendation Letter
Bid Tabulation Sheet
RE25
www.ae2s,earn
February 3, 2012
Mr. Rick Wahlen
City of Eden Prairie
14100 Technology Drive
Eden Prairie, MN 55344-2230
Re: Review of Bids
WTF Process and Controls Phase II Improvements
Eden Prairie, MN
Dear Rick:
Bids were received for the above-referenced project on Thursday, December 26, 2012,
and were opened and read aloud. A total of four (4) bids were received. The bids were
checked for mathematical accuracy and tabulated. A tabulation of the bids is attached.
The low bidder was Rice Lake Construction Group in the amount of $508,600 for the
total base bid. The engineer's estimate was $600,000.
We recommend that the City Council consider these bids and award a contract to Rice
Lake Construction Group based upon the base bid results of the bids received. Please
do not hesitate to call us at 763-463-5036 with any comments or questions you may
have.
Sincerely,
Advanced Engineering and
Environmental Services, Inc.
Jason Benson, P.E.
Project Manager
pc: Rick Wahlen, City of Eden Prairie
Advanced Engineering and Environmental Services, Inc.
6901 East Fish Lake Road Suite 164 • Water Town Place Business Center • Maple Grove, MN 55369-5457
True Tabulation of Bids
Respectfully Submitted:
BID OPENING TABULATION
WTF Process & Controls Phase ll Improvements
City of Eden Prairie, MN
January 26, 2012
CONTRACTOR ACKNOWLEDGE ADDENDA 3 OF 3 BID BOND EXECUTED BID FORM Contract No. 1 -
ALL WORK
ENGINEER'S ESTIMATE $600,000.00
Shank Constructors, Inc. x x x $531,500.00
Rice Lake Construction Group x x x $508,600.00
Magney Construction, Inc. x x x $556,700.00
American Liberty Construction x x x $573,846.00
1
2
3
4
5
6
7
8
9
Advanced Engineering and Environmental Services, Inc.
Water Tower Place Business Center
6901 East Fish Lake Road Suite 184
Maple Grove, MN 55369
Tel: 763-463-5036
Fax: 763-463-5037
Jason Benson, PE
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE:
February 21, 2012
DEPARTMENT/DIVISION:
Rick Wahlen
Public Works/Utilities
ITEM DESCRIPTION:
Approve Well Improvement Contract with EH
Renner & Son to Upgrade Municipal Well
No. 3
ITEM NO.: VIII.D.
Requested Action
Move to: Approve a contract with E.H. Re nner & Son, to remove the pump equipment from
Well No. 3, install a larger motor and additional well pipe, and improve the
performance for summer-time water demand.
Synopsis
The City of Eden Prairie Utilities Division obtai ned proposals from two competent regional well
drillers for the rehabilitation work at Municipal Well No. 3 just north of Highway 212 along
Mitchell Road. The least-cost proposal, was offered by E.H. Renner & Son. Staff recommends
acceptance of the proposal in the amount of $38,830 to be paid from the water utility
construction fund.
Background Information
Municipal Well No. 3 was installed in 1978 an d provided a sustained pumping rate of 1500
gallons of water per minute. Over time as a dditional wells were added, and more and more
water was withdrawn from the aquifer, the perfor mance of the well began to diminish. We have
already improved the performance of wells 2, 11, and 7 through a process of adding pump
capacity, and Well No. 3 is our next well that st ands the most to gain through this upgrade.
To evaluate our options for improving the performance of the well, we consulted with St. Croix
Environmental, who recommended an economically feasible upgrade, which includes adding
addition pipe to deepen the well pump, installing a larger electric motor, and installing a larger,
higher pressure pump in the well.
In the past, we have requested proposals from 6 well drillers. E.H. Renner and Bergerson
Caswell have always been the lowest two competitors. The others seldom submit a proposal, so
we requested quotes from the two reliable co mpanies with the demonstrated record of
involvement.
Attachment
Proposal – E.H. Renner
Proposal – Bergerson Caswell
E.H. Renner & Sons
Incorporated WELL DRILLING FOR FIVE GENERATIONS
15688 Jarvis Street NW * Elk River, Minnesota 55330
Phone (763) 427-6100 * Fax (763) 427-0533 * Toll Free (800) - 409-WELL
January 24, 2012
City of Eden Prairie
Rick Wahlen
14100 Technology Drive
Eden Prairie, MN 55344-2230
Subject: Well No 03
Re: Repairs and Replacemnt Material
Description Qty Units Price Extension
125 Hp US Type RUSI Cat No HO125V2SLG 1 Ea. 9,622.00$ 9,622.00$
Motor Shaft 1-11/16 .416 SS T&C 1 Ea. 536.00$ 536.00$
Head Shaft 1-11/16 .416 SS T&C 1 Ea. 603.00 $ 603.00$
Packing and Packing Box Bushing 1 Ea. 130.00 $ 130.00$
Column .365 10" x 9' 11-1/4" T&C 18 Ea. 756.00 $ 13,608.00$
Column .365 10" x 4' 11-1/4" T&C 1 Ea. 520.00 $ 520.00$
Column .365 Suction Pipe 10" x 10' TOE 1 Ea. 715.00 $ 715.00$
10" Retainers 4 Ea. 140.00$ 560.00$
Rubber Bearings - 1-11/16 x 2.5 18 Ea. 20.00 $ 360.00$
Shafting .416 1-11/16" x 120" T&C 4 Ea. 450.00 $ 1,800.00$
Shafting .416 1-11/16" x 60" T&C 1 Ea. 332.00 $ 332.00$
Bowl Assembly 14RJLC - 4 Stage Stainless Collets & Bolts
1700 GPM at 225 Ft. TDH 1 Ea. 8,459.00$ 8,459.00$
Misc.1 L.S. 60.00$ 60.00$
Reinstallation with 75 Hp Motor 1 L.S. 1,525.00$ 1,525.00$
Total 38,830.00$
Motor Repairs 75 Hp 1 L.S. $1,450.00 1,450.00$
Includes performance testing through hydrant or to system and Owners Manuals.
Invoices will be based on actual amount required and approved.
If you need additional information or have questions, I can be contacted at my office 763-427-6100
or on my cell phone at 651-755-3200.
Sincerely
Jerry Aljets
Jerry Aljets Project Manager
E.H. Renner & Sons, Inc.
Bergerson - Caswell Inc.
5115 Industrial Street • Maple Plain, MN 55359
Telephone: 763 - 479 - 3121 Fax: 763 - 479 – 2183 E-Mail: info@BergersonCaswell.com
Equal Opportunity Employer/Contractor
Bergerson - Caswell Inc.
5115 Industrial Street
Maple Plain, MN 55359
(763) 479-3121 Fax: (763) 479-2183
January 30, 2012
ST. CROIX ENVIRONMENTAL CITY OF EDEN PRARIE
Attn: Mr. Kevin Miller Attn: Rick Wahlen
1094 Golden Oaks Drive 8080 Mitchell Road
Hudson, WI 54016 Eden Prairie, MN 55344‐4485
RE: CITY OF EDEN PRAIRIE WELL #3
Dear Gentlemen;
Bergerson‐Caswell Inc. Appreciates the opportunity to assist you with your well & pump needs. As requested we
are supplying you with a quote for repairing and reinstalling well pump #3. This pump was removed by EH Renner
and the items bid below are for reinstalling the new and reconditioned equipment required for an operating pump
installation. Below I have broken down the costs for us to perform this service as you requested.
PROJECT COST:
1) Furnish 125Hp US Motors, RUSI, Cat No. HO125V2SLG $ 10,000.00
2) Motor Shaft 1.6875” 416 SS, T&C $ 750.00
3) Base/Head Shaft 1.6875” 416 SS, T&C $ 550.00
4) Recondition Packing Gland Assembly, includes bearing and packing $ 200.00
5) 18 each 10”x 9’ 11.25” T&C Column Pipe, .365 wall @ $6 50.00/ea $ 11,700.00
6) 1 each 10”x 4’ 11.25” T&C Column Pipe, .365 wall @ $450.00/ea $ 450.00
7) 1 each 10”x 10’ Tail/Suction pipe $ 600.00
8) 4 each 10” spider bearing assemblies @ $150.00/each $ 600.00
9) 18 each spider bearing inserts @ $25.00/each $ 180.00
10) 4 each 1.6875”x 120” 416 SS, T&C line‐shaft @ $525.00/each $ 2,100.00
11) 1 each 1.6875”x 60” 416 SS, T&C line‐shaft $ 450.00
12) Furnish Goulds 14RJLC‐ 4stage bowl assembly (SS collets/bolts)
Designed 1,700 Gpm @ 25’TDH $ 9,250.00
13) Reinstallation of well pump #3 includes performance testing & O & M docs $ 2,850.00
TOTAL PROJECT BID AMOUNT $39,680.00
If you have any questions on our Bid, require additional information, or would like for us to discuss this bid, please
do not hesitate to contact us at (763) 479 ‐3121 or cell # (612) 369 ‐3652.
Sincerely,
BERGERSON CASWELL INC.
Tim D. Berquam Project Manager
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 21, 2012
DEPARTMENT/DIVISION:
Office of City Manager
Lisa Wu, IT Manager
Kathleen Porta, City Clerk
ITEM DESCRIPTION:
Approve Software Product License
Agreement with Civic Systems, LLC for the
purchase and implementation of Active
Review module.
ITEM NO.: VIII. E.
Requested Action
Move to: Approve Software Product License Ag reement with Civic Systems for the purchase
and implementation of an Active Review module (SIRE Technologies) fo r the total amount of
$49,800.
Synopsis
The Active Review Module will allow the City to cost effectively manage the development
review process by electronically sharing and reviewing plans and drawings between developers
and staff. The system will allow us to provide better service to our customers and enhance our
city’s e-service. It will reduce the cost for duplicate paper plans. The system will also improve
communication between the project members. C ity-wide implementation will involve multiple
departments.
Background
We have made progress toward implementing the Enterprise Document Management System
citywide over the past few years in Finance, Planning, Building Inspections , Engineering, Assessing,
Police and City Clerk.
The following data is currently stored in the SIRE system:
Planning: Planning Project Files, Sign Permit F iles, Variance Files, Zoning Issues, Zoning
Letters, Conservation Easements
Engineering: As-builts, Plats, Construction Plans
Finance: Accounts Payable
City Clerk: Packets, Minutes, Ordinances and Resolutions
Police: Court Orders: Daily Radar Lo gs, PD Admin Files, Case Files
Civic Systems offered the best pricing and is committed to a successful implementation in Eden
Prairie. We negotiated the total price from $74,800 to $49,800 as their demo site customer.
Funding for an Enterprise Document Management System has been budgeted in the CIP Budget.
Attachments
Price List from Civic Systems, LLC
Software Purchase Agreement
Civic Systems, LLC City of Eden Prairie
Ten Terrace Court 8080 Mitchell Road
P.O. Box 7398 Eden Prairie, MN 55344
Madison, WI 53707-7398
The City agrees to purchase the software and services detailed below and Civic Systems, LLC agrees to provide them.
Payment is due with customer approval based upon completion of 30 day trial period (beginning from date of
product installation). The information provided in this proposal is valid for 90 days from issue date, February 7, 2012.
INVESTMENT SUMMARY
License Fee
- Active Review Workgroup (Maximum of 5 Active Review Licenses)
$ 25,000
Negotiated the ability to have a maximum of 25 Active Review Licenses 0
License Fee
- 10 Active Review Client Concurrent Users @ $700/user
7,000
Training
- 2 days @ $1,500/day
3,000
Workflow and Form Creation
-Estimated 40 Hours @ $175/HR
7,000
Process Mapping Session
-16 Hours @ $175/HR
2,800
Netit (PDF Creator for the Brava Viewer) 5,000
TOTAL INVESTMENT
$ 49,800
Annual Support (20% of license fee) $ 7,400
*Above amounts do not include travel expenses. If additional work is required an hourly charge at our going
rate will apply.
SIGNATURE AGREEMENT
The signatures below indicate each party’s acceptance of this agreement.
CITY OF EDEN PRAIRIE
Signature:
Title:
Date:
Mayor:
Date:
City Manager:
Date:
CIVIC SYSTEMS, LLC
Signature:
Title:
Date:
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 21, 2012
DEPARTMENT/DIVISION:
Finance Department
Sue Kotchevar
ITEM DESCRIPTION:
Authorize the financing of 98 sets of protective
equipment (turnout gear) and cleaning service
ITEM NO.: VIII.F.
Requested Action
Move to: Approve the financing of 98 sets of turn-out gear and cleaning service through a five year
lease.
Synopsis
The Fire Department proposes to acquire 98 new sets of turn-out gear.
The hazards which face firefighters continue to intensify and the technology of protective
equipment continues to evolve. The importance of maintaining levels of protection that minimize
risk and allow for safe response is critical. B ecause the costs associated with this type of
protection are expensive the fire department has reviewed many paths to accomplish what has
become a necessity. The gear selected is the exact specification and co st as negotiated by the
South Metro Joint Powers Association, which the City plays an active role in. Through this
decision the City benefits through the synergies of multiple jurisdictions working together to
enhance response, improve interoperability and lower its costs.
The proposal addresses the following:
1. All Eden Prairie Firefighters will be brought up to the current NFPA standards with regard to
the protective structural firefighting equipment.
2. The NFPA 1851 standard that requires cleaning, maintenance a nd testing of the gear once a
year is fulfilled including all data tracking and records storage and reporting by individual
firefighter by the supplier.
3. Price guarantees for additional gear over a 5 year period.
4. A financing program which allows for all firefighters to be brought to this current level of
protection while still maintaining current budget allocations.
Attachments
Financing agreement
Payment schedule
EXHIBIT 1
Property Description and Payment Schedule
Re: Property Schedule No. 01 to Master Tax-Exempt Lease/Purchase Agreement U.S. Bancorp Government
Leasing and Finance, Inc. and the City of Eden Prairie.
THE PROPERTY IS AS FOLLOWS: The Property as more fully described in Exhibit A incorporated herein by reference
and attached hereto. It includes all replacements, parts, repairs, additions, accessions and accessories incorporated
therein or affixed or attached thereto and any and all proceeds of the foregoing, including, without limitation, insurance
recoveries.
PROPERTY LOCATIONS:
y9spo e-c kc\r\*5 1))0Q d 'Prcktrie- *Ira100 50, broo tL.
Pra,r‘e. 1?) Gb Edp_, V-r&rce.- P\rnd Ecte--k Yrcticte; ctaO t
C." Cte,v-1 Qral Irk E.-
USE: Turn-Out Gear for Firefighting - This use is essential to the proper, efficient and economic functioning of Lessee
or to the services that Lessee provides; and Lessee has immediate need for and expects to make immediate use of
substantially all of the Property, which need is not temporary or expected to diminish in the foreseeable future.
Lease Payment Schedule
If the Due Dates are not defined in this Lease Payment Schedule, they shall be defined as the NA day of each NA period
of this Lease Payment Schedule commencing with the Acceptance Date.
Total Principal Amount: $220,322.39 Lease Rate: 2.56%
Pa # Date
Beginning
Princi pal Interest
Prepayment
Pa iL it Balance Balance
1 21-Apr-2012 220,792.41 46,544.45 45,603.40 941.04 179,960.56
2 21-Apr-2013 178,863.08 46,544.45 42,018.78 4,525.66 136,681.21
3 21-Apr-2014 135,847.67 46,544.45 43,107.18 3,43727 92,280.82
4 21-Apr-2015 91,718.05 46,544.45 44,223.76 2,320.69 46,730.35
5 21-Apr-2016 46,445.36 46,544.45 45,36927 1,175.18 0.00
TOTALS: 232,722.23 220,322.39 12,399.84
Lessee: City of Eden Prairie Lessee: City of Eden Prairie
By:
Name: Name:
Title: Title:
Master Tax-Exempt Lease/Purchase Agreement
Between: U.S. Bancorp Government Leasing and Finance, Inc. (the "Lessor")
13010 SW 68th Parkway, Suite 100
Portland, OR 97223
And: City of Eden Prairie (the "Lessee")
8080 Mitchell Road
Eden Prairie, MN 55344
Attention: Tammy Wilson
Telephone: 952-949-8376
Dated: February 21, 2012
ARTICLE I
DEFINITIONS
The following terms will have the meanings indicated below unless the context clearly requires otherwise:
"Agreement" means this Master Tax-Exempt Lease/Purchase Agreement, including all exhibits and schedules attached hereto.
"Code" is defined in Section 3.01(f).
"Commencement Date" is the date when the term of a Property Schedule and Lessees obligation to pay rent thereunder commences, which date shall be set forth in such
Property Schedule.
"Event of Default" is defined in Section 13.01.
"Lease Payments" means the Lease Payments payable by Lessee under Article VI of this Agreement and each Property Schedule, as set forth in each Property Schedule.
"Lease Payment Dates" means the Lease Payment dates for the Lease Payments as set forth in each Property Schedule.
"Lease Term" means, with respect to a Property Schedule, the Original Term and all Renewal Terms. The Lease Term for each Property Schedule executed hereunder
shall be set forth in such Property Schedule, as provided in Section 4.02.
"Lessee" means the entity identified as such in the first paragraph hereof, and its permitted successors and assigns.
"Lessor means the entity identified as such in the first paragraph hereof, and its successors and assigns.
"Nonappropriation Event" is defined in Section 6.06.
"Original Term" means, with respect to a Property Schedule, the period from the Commencement Date until the end of the budget year of Lessee in effect at the
Commencement Date.
"Property" means, collectively, the property lease/purchased pursuant to this Agreement, and with respect to each Property Schedule, the property described in such
Property Schedule, and all replacements, repairs, restorations, modifications and improvements thereof or thereto made pursuant to Section 8.01 or Article IX.
"Property Schedule" means a Property Schedule in the form attached hereto for Property Schedule 1. Subsequent Property Schedules pursuant to this Agreement shall be
numbered consecutively, beginning with Property Schedule 2.
"Purchase Price" means the amount that Lessee may, in its discretion, pay to Lessor to purchase the Property under a Property Schedule, as provided in Section 11.01 and
as set forth in the Property Schedule.
"Renewal Terms" means the renewal terms of a Property Schedule, each having a duration of one year and a term coextensive with Lessee's budget year.
"State" means the state where Lessee is located.
"Vendor" means the manufacturer or contractor of the Property as well as the agents or dealers of the manufacturer or contractor from whom Lessor or Lessee purchased or
is purchasing all or any portion of the Property.
ARTICLE II
2.01 Property Schedules Separate Financings. Each Property Schedule executed and delivered under this Agreement shall be a separate financing, distinct from
other Property Schedules. Without limiting the foregoing, upon the occurrence of an Event of Default or a Nonappropriation Event with respect to a Property Schedule,
Lessor shall have the rights and remedies specified herein with respect to the Property financed and the Lease Payments payable under such Property Schedule, and except
as expressly provided in Section 12.02 below, Lessor shall have no rights or remedies with respect to Property financed or Lease Payments payable under any other Property
Schedules unless an Event of Default or Nonappropriation Event has also occurred under such other Property Schedules.
ARTICLE III
3.01 Covenants of Lessee. As of the Commencement Date for each Property Schedule executed and delivered hereunder, Lessee shall be deemed to represent,
covenant and warrant for the benefit of Lessor as follows:
(a) Lessee is a public body corporate and politic duly organized and existing under the constitution and laws a the State with full power and authority to enter
into this Agreement and the Property Schedule and the transactions contemplated thereby and to perform all of its obligations thereunder.
(b) Lessee will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a body corporate and politic. To the
extent Lessee should merge with another entity under the laws of the State, Lessee agrees that as a condition to such merger it will require that the
remaining or resulting entity shall be assigned Lessee's rights and shall assume Lessee's obligations hereunder.
(c) Lessee has been duly authorized to execute and deliver this Agreement and the Property Schedule by proper action by its goveming body, or by other
appropriate official approval, and all requirements have been met and procedures have occurred in order to ensure the validity and enforceability of this
Agreement and the Property Schedule, and Lessee has complied with such public bidding requirements as may be applicable to this Agreement and the
Property Schedule and the acquisition by Lessee of the Property thereunder. On or before the Commencement Date for the Property Schedule, Lessee
shall cause to be delivered an opinion of counsel in substantially the form attached to the form of the Property Schedule as Exhibit 2.
(d) During the Lease Term for the Property Schedule, the Property thereunder will perform and will be used by Lessee only for the purpose of performing
essential govemmental uses and public functions within the permissible scope of Lessee's authority.
(e) Lessee will provide Lessor with current financial statements, budgets and proof of appropriation for the ensuing budget year and other financial information
relating to the ability of Lessee to continue this Agreement and the Property Schedule in such form and containing such information as may be requested by
Lessor.
(f) Lessee will comply with all applicable provisions of the Internal Revenue Code of 1986, as amended (the "Code"), including Sections 103 and 148 thereof,
and the regulations of the Treasury Department thereunder, from time to time proposed or in effect, in order to maintain the excludability from gross income
for federal income tax purposes of the interest component of Lease Payments under the Property Schedule and will not use or permit the use of the
Property in such a manner as to cause a Property Schedule to be a "private activity bond" under Section 141(a) of the Code. Lessee covenants and agrees
that it will use the proceeds of the Property Schedule as soon as practicable and with all reasonable dispatch for the purpose for which the Property
Schedule has been entered into, and that no part of the proceeds of the Property Schedule shall be invested in any securities, obligations or other
investments except for the temporary period pending such use nor used, at any time, directly or indirectly, in a manner which, if such use had been
reasonably anticipated on the date of issuance of the Agreement, would have caused any portion of the Property Schedule to be or become "arbitrage
bonds" within the meaning of Section 103(b)(2) or Section 148 of the Code and the regulations of the Treasury Department thereunder proposed or in effect
at the time of such use and applicable to obligations issued on the date of issuance of the Property Schedule.
(g) The execution, delivery and performance of this Agreement and the Property Schedule and compliance with the provisions hereof and thereof by Lessee
does not conflict with or result in a violation or breach or constitute a default under, any resolution, bond, agreement, indenture, mortgage, note, lease or
other instrument to which Lessee is a party or by which it is bound by any law or any rule, regulation, order or decree of any court, govemmental agency or
body having jurisdiction over Lessee or any of its activities or properties resulting in the creation or imposition of any lien, charge or other security interest or
encumbrance of any nature whatsoever upon any property or assets of Lessee or to which it is subject.
(h) Lessee's exact legal name is as set forth on the first page of this Agreement Lessee will not change its legal name in any respect without giving thirty (30)
days prior notice to Lessor.
ARTICLE IV
4.01 Lease of Property. On the Commencement Date of each Property Schedule executed hereunder, Lessor will be deemed to demise, lease and let to Lessee, and
Lessee will be deemed to rent, lease and hire from Lessor, the Property described in such Property Schedule, in accordance with this Agreement and such Property
Schedule, for the Lease Term set forth in such Property Schedule.
4.02 Lease Term. The term of each Property Schedule shall commence on the Commencement Date set forth therein and shall terminate upon payment of the final
Lease Payment set forth in such Property Schedule and the exercise of the Purchase Option described in Section 11.01, unless terminated sooner pursuant to this
Agreement or the Property Schedule.
4.03 Delivery, Installation and Acceptance of Property. Lessee shall order the Property, shall cause the Property to be delivered and installed at the locations
specified in the applicable Property Schedule and shall pay all taxes, delivery costs and installation costs, if any, in connection therewith. To the extent funds are deposited
under an escrow agreement or trust agreement for the acquisition of the Property, such funds shall be disbursed as provided therein. When the Property described in such
Property Schedule is delivered, installed and accepted as to Lessee's specifications, Lessee shall immediately accept the Property and evidence said acceptance by
executing and delivering to Lessor the Acceptance Certificate substantially in the form attached to the Property Schedule.
ARTICLE V
5.01 Enjoyment of Property. Lessee shall during the Lease Term peaceably and quietly have, hold and enjoy the Property, without suit, trouble or hindrance from
Lessor, except as expressly set forth in this Agreement. Lessor shall not interfere with such quiet use and enjoyment during the Lease Term so long as Lessee is not in
default under the subject Property Schedule.
5.02 Location; Inspection. The Property will be initially located or based at the location specified in the applicable Property Schedule. Lessor shall have the right at
all reasonable times during business hours to enter into and upon the property of Lessee for the purpose of inspecting the Property.
ARTICLE VI
6.01 Lease Payments to Constitute a Current Expense of Lessee. Lessor and Lessee understand and intend that the obligation of Lessee to pay Lease Payments
hereunder shall constitute a current expense of Lessee and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional,
statutory or charter limitation or requirement conceming the creation of indebtedness by Lessee, nor shall anything contained herein constitute a pledge of the faith and credit
or taxing power of Lessee. Upon the appropriation of Lease Payments for a fiscal year, the Lease Payments for said fiscal year, and only the Lease Payments for said
current fiscal year, shall be a binding obligation of Lessee; provided that such obligation shall not include a pledge of the taxing power of Lessee.
6.02 Payment of Lease Payments. Lessee shall promptly pay Lease Payments under each Property Schedule, exclusively from legally available funds, in lawful
money of the United States of America, to Lessor in such amounts and on such dates as described in the applicable Property Schedule, at Lessor's address set forth on the
first page of this Agreement, unless Lessor instructs Lessee otherwise. Lessee shall pay Lessor a charge on any delinquent Lease Payments under a Property Schedule in
an amount sufficient to cover all additional costs and expenses incurred by Lessor from such delinquent Lease Payment. In addition, Lessee shall pay a late charge of five
cents per dollar or the highest amount permitted by applicable law, whichever is lower, on all delinquent Lease Payments and interest on said delinquent amounts from the
date such amounts were due until paid at the rate of 12% per annum or the maximum amount permitted by law, whichever is less..
6.03 Interest Component. A portion of each Lease Payment due under each Property Schedule is paid as, and represents payment of, interest, and each Property
Schedule hereunder shall set forth the interest component (or method of computation thereof) of each Lease Payment thereunder during the Lease Term.
6.04 Lease Payments to be Unconditional. SUBJECT TO SECTION 6.06, THE OBLIGATIONS OF LESSEE TO PAY THE LEASE PAYMENTS DUE UNDER THE
PROPERTY SCHEDULES AND TO PERFORM AND OBSERVE THE OTHER COVENANTS AND AGREEMENTS CONTAINED HEREIN SHALL BE ABSOLUTE AND
UNCONDITIONAL IN ALL EVENTS WITHOUT ABATEMENT, DIMINUTION, DEDUCTION, SET-OFF OR DEFENSE, FOR ANY REASON, INCLUDING WITHOUT
LIMITATION, ANY DEFECTS, MALFUNCTIONS, BREAKDOWNS OR INFIRMITIES IN THE PROPERTY OR ANY ACCIDENT, CONDEMNATION OR UNFORESEEN
CIRCUMSTANCES. THIS PROVISION SHALL NOT LIMIT LESSEE'S RIGHTS OR ACTIONS AGAINST ANY VENDOR AS PROVIDED IN SECTION 10.02.
6.05 Continuation of Lease by Lessee. Lessee intends to continue all Property Schedules entered into pursuant to this Agreement and to pay the Lease Payments
thereunder. Lessee reasonably believes that legally available funds in an amount sufficient to make all Lease Payments during the term of all Property Schedules can be
obtained. Lessee agrees that its staff will provide during the budgeting process for each budget year to the governing body of Lessee notification of any Lease Payments due
under the Property Schedules during the following budget year. Notwithstanding this covenant, if Lessee fails to appropriate the Lease Payments for a Property Schedule
pursuant to Section 6.06, such Property Schedule shall terminate at the end of the then current Original Term or Renewal Term. Although Lessee has made this covenant, in
the event that it fails to provide such notice, no remedy is provided and Lessee shall not be liable for any damages for its failure to so comply.
6.06 Nonappropriation. If during the then current Original Term or Renewal Term, sufficient funds are not appropriated to make Lease Payments required under a
Property Schedule for the following fiscal year, Lessee shall be deemed to not have renewed such Property Schedule for the following fiscal year and the Property Schedule
shall terminate at the end of the then current Original Term or Renewal Term and Lessee shall not be obligated to make Lease Payments under said Property Schedule
beyond the then current fiscal year for which funds have been appropriated. Upon the occurrence of such nonappropriation (a "Nonappropriation Event") Lessee shall, no
later than the end of the fiscal year for which Lease Payments have been appropriated, deliver possession of the Property under said Property Schedule to Lessor. If Lessee
fails to deliver possession of the Property to Lessor upon termination of said Property Schedule by reason of a Nonappropriation Event, the termination shall nevertheless be
effective but Lessee shall be responsible for the payment of damages in an amount equal to the portion of Lease Payments thereafter coming due that is attributable to the
number of days after the termination during which the Lessee fails to deliver possession and for any other loss suffered by Lessor as a result of Lessee's failure to deliver
possession as required. In addition, Lessor may, by written instructions to any escrow agent who is holding proceeds of the Property Schedule, instruct such escrow agent to
release all such proceeds and any earnings thereon to Lessor, such sums to be credited to Lessees obligations under the Property Schedule and this Agreement. Lessee
shall notify Lessor in writing within seven (7) days after the failure of the Lessee to appropriate funds sufficient for the payment of the Lease Payments, but failure to provide
such notice shall not operate to extend the Lease Term or result in any liability to Lessee.
6.07 Defeasance of Lease Payments. Lessee may at any time irrevocably deposit in escrow with a defeasance escrow agent for the purpose of paying all of the
principal component and interest component accruing under a Property Schedule, a sum of cash and non-callable securities consisting of direct obligations of, or obligations
the principal of and interest on which are unconditionally guaranteed by, the United States of America or any agency or instrumentality thereof, in such aggregate amount,
bearing interest at such rates and maturing on such dates as shall be required to provide funds sufficient for this purpose. Upon such defeasance, all right, title and interest
of Lessor in the Property under said Property Schedule shall terminate. Lessee shall cause such investment to comply with the requirements of federal tax law so that the
exclusion from gross income of the interest component of Lease Payments on said Property Schedule is not adversely affected.
ARTICLE VII
7.01 Title to the Property. Upon acceptance of the Property by Lessee and unless otherwise required by the laws of the State, title to the Property shall vest in
Lessee, subject to Lessor's interests under the applicable Property Schedule and this Agreement.
7.02 Personal Property. The Property is and will remain personal property and will not be deemed to be affixed to or a part of the real estate on which it may be
situated, notwithstanding that the Property or any part thereof may be or hereafter become in any manner physically affixed or attached to real estate or any building thereon.
if requested by Lessor, Lessee will, at Lessees expense, fumish a waiver of any interest in the Property from any party having an interest in any such real estate or building.
7.03 Security Interest. To the extent permitted by law and to secure the performance of all of Lessee's obligations under this Agreement with respect to a Property
Schedule, including without limitation all Property Schedules now existing are hereafter executed, Lessee grants to Lessor, for the benefit of Lessor and its successors and
assigns, a security interest constituting a first lien on Lessee's interest in all of the Property under the Property Schedule, whether now owned or hereafter acquired, all
additions, attachments, alterations and accessions to the Property, all substitutions and replacements for the Property, and on any proceeds of any of the foregoing, including
insurance proceeds. Lessee shall execute any additional documents, including financing statements, affidavits, notices and similar instruments, in form and substance
satisfactory to Lessor, which Lessor deems necessary or appropriate to establish, maintain and perfect a security interest in the Property in favor of Lessor and its
successors and assigns. Lessee hereby authorizes Lessor to file all financing statements which Lessor deems necessary or appropriate to establish, maintain and perfect
such security interest.
ARTICLE VIII
8.01 Maintenance of Property by Lessee. Lessee shall keep and maintain the Property in good condition and working order and in compliance with the
manufacturer's specifications, shall use, operate and maintain the Property in conformity with all laws and regulations conceming the Property's ownership, possession, use
and maintenance, and shall keep the Property free and clear of all liens and claims, other than those created by this Agreement. Lessee shall have sole responsibility to
maintain and repair the Property. Should Lessee fail to maintain, preserve and keep the Property in good repair and working order and in accordance with manufacturer's
specifications, and if requested by Lessor, Lessee will enter into maintenance contracts for the Property in form approved by Lessor and with approved providers.
8.02 Liens, Taxes, Other Governmental Charges and Utility Charges. Lessee shall keep the Property free of all levies, liens and encumbrances, except for the
interest of Lessor under this Agreement The parties to this Agreement contemplate that the Property will be used for a governmental or proprietary purpose of Lessee and,
therefore, that the Property will be exempt from all property taxes. The Lease Payments payable by Lessee under this Agreement and the Property Schedules hereunder
have been established to reflect the savings resulting from this exemption from taxation. Lessee will take such actions necessary under applicable law to obtain said
exemption. Nevertheless, if the use, possession or acquisition of the Property is determined to be subject to taxation or later becomes subject to such taxes, Lessee shall
pay when due all taxes and govemmental charges lawfully assessed or levied against or with respect to the Property. Lessee shall pay all gas, water, steam, electricity, heat,
power, telephone, utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Property. Lessee shall pay such taxes or charges as
the same may become due; provided that, with respect to any such taxes or charges that may lawfully be paid in installments over a period of years, Lessee shall be
obligated to pay only such installments as accrue during the then current fiscal year of the Lease Term for such Property.
8.03 Insurance. At its own expense, Lessee shall maintain (a) casualty insurance insuring the Property against loss or damage by fire and all other risks covered by
the standard extended coverage endorsement then in use in the State and any other risks reasonably required by Lessor in an amount equal to at least the outstanding
principal component of Lease Payments, and (b) liability insurance that protects Lessor from liability in all events in an amount reasonably acceptable to Lessor, and (c)
worker's compensation insurance covering all employees working on, in, near or about the Property; provided that Lessee may self-insure against all such risks. All
insurance proceeds from casualty losses shall be payable as hereinafter provided in this Agreement. All such insurance shall be with insurers that are authorized to issue
such insurance in the State. All such liability insurance shall name Lessor as an additional insured. All such casualty insurance shall contain a provision making any losses
payable to Lessor and Lessee as their respective interests may appear. All such insurance shall contain a provision to the effect that such insurance shall not be canceled or
modified without first giving written notice thereof to Lessor and Lessee at least thirty (30) days in advance of such cancellation or modification. Such changes shall not
become effective without Lessor's prior written consent Lessee shall furnish to Lessor, on or before the Commencement Date for each Property Schedule, and thereafter at
Lessor's request certificates evidencing such coverage, or, if Lessee self-insures, a written description of its self-insurance program together with a certification from
Lessee's risk manager or insurance agent or consultant to the effect that Lessee's self-insurance program provides adequate coverage against the risks listed above.
8.04 Advances. In the event Lessee shall fail to either maintain the insurance required by this Agreement or keep the Property in good repair and working order,
Lessor may, but shall be under no obligation to, purchase the required insurance and pay the cost of the premiums thereof or maintain and repair the Property and pay the
cost thereof. All amounts so advanced by Lessor shall constitute additional rent for the Lease Term for the applicable Property Schedule and shall be due and payable on
the next Lease Payment Date and Lessee covenants and agrees to pay such amounts so advanced by Lessor with interest thereon from the date such amounts are
advanced until paid at the rate of 12% per annum or the maximum amount permitted by law, whichever is less.
ARTICLE IX
9.01 Damage or Destruction. If (a) the Property under a Property Schedule or any portion thereof is destroyed, in whole or in part, or is damaged by fire or other
casualty, or (b) title to, or the temporary use of, the Property under a Property Schedule or any part thereof shall be taken under the exercise or threat of the power of eminent
domain by any governmental body or by any person, firm or corporation acting pursuant to govemmental authority, Lessor and Lessee will cause the Net Proceeds (as
hereinafter defined) of any insurance claim, condemnation award or sale under threat of condemnation to be applied to the prompt replacement, repair, restoration,
modification or improvement of the Property, unless Lessee shall have exercised its right to defease the Property Schedule as provided herein, or unless Lessee shall have
exercised its option to purchase Lessor's interest in the Property if the Property Schedule so provides. Any balance of the Net Proceeds remaining after such work has been
completed shall be paid to Lessee. For purposes of Section 8.03 and this Article IX, the term "Net Proceeds" shall mean the amount remaining from the gross proceeds of
any insurance claim, condemnation award or sale under threat of condemnation after deducting all expenses, including attorneys fees, incurred in the collection thereof.
9.02 Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair, restoration, modification or improvement referred to in
Section 9.01, Lessee shall (a) complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net
Proceeds and, if Lessee shall make any payments pursuant to this Section, Lessee shall not be entitled to any reimbursement therefor from Lessor nor shall Lessee be
entitled to any diminution of the amounts payable under Section 6.02, or (b) defease the Property Schedule pursuant to Section 6.07, or (c) exercise its option to purchase
Lessor's interest in the Property pursuant to the optional purchase provisions of the Property Schedule, if any. The amount of the Net Proceeds, if any, remaining after
completing such repair, restoration, modification or improvement or after such defeasance or purchase may be retained by Lessee.
ARTICLE X
10.01 Disclaimer of Warranties. LESSOR MAKES NO (AND SHALL NOT BE DEEMED TO HAVE MADE ANY) WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY
MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE DESIGN, OPERATION OR CONDITION OF, OR THE QUALITY OF THE MATERIAL, EQUIPMENT
OR WORKMANSHIP IN, THE PROPERTY, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, THE STATE OF TITLE THERETO OR ANY
COMPONENT THEREOF, THE ABSENCE OF LATENT OR OTHER DEFECTS (WHETHER OR NOT DISCOVERABLE), AND LESSOR HEREBY DISCLAIMS THE SAME;
IT BEING UNDERSTOOD THAT THE PROPERTY IS LEASED TO LESSEE "AS IS" ON THE DATE OF THIS AGREEMENT OR THE DATE OF DELIVERY, WHICHEVER
IS LATER, AND ALL SUCH RISKS, IF ANY, ARE TO BE BORNE BY LESSEE. Lessee acknowledges that it has made (or will make) the selection of the Property from the
Vendor based on its own judgment and expressly disclaims any reliance upon any statements or representations made by Lessor. Lessee understands and agrees that (a)
neither the Vendor nor any sales representative or other agent of Vendor, is (i) an agent of Lessor, or (ii) authorized to make or alter any term or condition of this Agreement,
and (b) no such waiver or alteration shall vary the terms of this Agreement unless expressly set forth herein. In no event shall Lessor be liable for any incidental, indirect,
special or consequential damage in connection with or arising out of this Agreement, the Property Schedules, or the existence, furnishing, functioning or use of any item,
product or service provided for in this Agreement or the Property Schedules.
10.02 Vendor's Warranties. Lessor hereby irrevocably assigns to Lessee all rights that Lessor may have to assert from time to time whatever claims and rights
(including without limitation warranties) related to the Property against the Vendor. Lessee's sole remedy for the breach of such warranty, indemnification or representation
shall be against the Vendor of the Property, and not against Lessor, nor shall such matter have any effect whatsoever on the rights and obligations of Lessor with respect to
this Agreement, including the right to receive full and timely payments hereunder. Lessee expressly acknowledges that Lessor makes, and has made, no representations or
warranties whatsoever as to the existence or the availability of such warranties of the Vendor of the Property.
10.03 Use of the Property. Lessee will not install, use, operate or maintain the Property improperly, carelessly, in violation of any applicable law or in a manner
contrary to that contemplated by this Agreement and the applicable Property Schedule. Lessee shall provide all permits and licenses, if any, necessary for the installation
and operation of the Property. In addition, Lessee agrees to comply in all respects with all laws of the jurisdiction in which its operations involving any item of Property may
extend and any legislative, executive, administrative or judicial body exercising any power or jurisdiction over the items of the Property; provided that Lessee may contest in
good faith the validity or application of any such law or rule in any reasonable manner that does not, in the opinion of Lessor, adversely affect the interest of Lessor in and to
the Property or its interest or rights under this Agreement. Lessee shall promptly notify Lessor in writing of any pending or threatened investigation, inquiry, claim or action by
any governmental authority which could adversely affect this Agreement, any Property Schedule or the Property thereunder.
10.04 Modifications. Subject to the provisions of this Section, Lessee shall have the right, at its own expense, to make alterations, additions, modifications or
improvements to the Property. All such alterations, additions, modifications and improvements shall thereafter comprise part of the Property and shall be subject to the
provisions of this Agreement. Such alterations, additions, modifications and improvements shall not in any way damage the Property, substantially alter its nature or cause it
to be used for purposes other than those authorized under the provisions of state and federal law; and the Property, on completion of any alterations, additions, modifications
or improvements made pursuant to this Section, shall be of a value which is equal to or greater than the value of the Property immediately prior to the making of such
alterations, additions, modifications and improvements. Lessee shall, at its own expense, make such alterations,•additions, modifications and improvements to the Property
as may be required from time to time by applicable law or by any govemmental authority.
ARTICLE XI
11.01 Option to Purchase. Lessee shall have the option to purchase Lessor's entire interest in all of the Property subject to a Property Schedule and to terminate any
restrictions herein on the Property under such Property Schedule on the last day of the Lease Term for a Property Schedule, if the Property Schedule is still in effect on such
day, upon payment in full of the Lease Payments due thereunder plus payment of One (1) Dollar to Lessor. Lessee shall give written notice to Lessor of its intent to purchase
Lessor's interest in the Property at least sixty (60) days prior to the last day of the Lease Term for applicable Property Schedule. Upon exercise of the purchase option as set
forth in this Section 11.01 and payment of the purchase price under the applicable Property Schedule, and performance by Lessee of all other terms, conditions and
provisions hereof, Lessor shall deliver to Lessee all such documents and instruments as Lessee may reasonably require to evidence the transfer, without warranty by or
recourse to Lessor, of all of Lessor's right, title and interest in and to the Property subject to such Property Schedule to Lessee.
11.02 Option to Prepay. Lessee shall have the option to prepay in whole the Lease Payments due under a Property Schedule, but only if the Property Schedule so
provides, and on the terms set forth in the Property Schedule.
ARTICLE XII
12.01 Assignment by Lessor. Lessor's right, title and interest in, to and under each Property Schedule and the Property under such Property Schedule may be
assigned and reassigned in whole or in part to one or more assignees or subassignees by Lessor without the necessity of obtaining the consent of Lessee; provided that any
assignment shall not be effective until Lessee has received written notice, signed by the assignor, of the name, address and tax identification number of the assignee.
Lessee shall retain all such notices as a register of all assignees and shall make all payments to the assignee or assignees designated in such register. Lessee agrees to
execute all documents, including notices of assignment and chattel mortgages or financing statements that may be reasonably requested by Lessor or any assignee to
protect its interests in this Agreement and the Property Schedules.
12.02 Property Schedules Separate Financings. Assignees of the Lessor's rights in one Property Schedule shall have no rights in any other Property Schedule
unless such rights have been separately assigned..
12.03 Assignment and Subleasing by Lessee. NONE OF LESSEE'S RIGHT, TITLE AND INTEREST IN, TO AND UNDER THIS AGREEMENT AND IN THE
PROPERTY MAY BE ASSIGNED, SUBLEASED OR ENCUMBERED BY LESSEE FOR ANY REASON, WITHOUT THE PRIOR WRITTEN CONSENT OF LESSOR.
12.04 Release and Indemnification Covenants. To the extent permitted by applicable law, Lessee shall indemnify, protect, hold harmless, save and keep harmless
Lessor from and against any and all liability, obligation, loss, claim and damage whatsoever, regardless of cause thereof, and all expenses in connection therewith, including,
without limitation, counsel fees and expenses, penalties and interest (collectively, "Losses") arising out of or resulting from the entering into this Agreement, any Property
Schedules hereunder, the ownership of any item of the Property, the loss of federal tax exemption of the interest on any of the Property Schedules, the ordering, acquisition,
use, operation, condition, purchase, delivery, rejection, storage or retum of any item of the Property or any accident in connection with the operation, use, condition,
possession, storage or retum of any item of the Property resulting in damage to property or injury to or death to any person; provided, however, that Lessee shall not be
required to indemnify Lessor for Losses arising out of or resulting from Lessor's own willft.11 or negligent conduct, or for Losses arising out of or resulting from Lessor'
preparation of disclosure material relating to certificates of participation in this Agreement and any Property Schedule (other than disclosure material provided to Lessor by
Lessee). The indemnification arising under this Section shall continue in full force and effect notwithstanding the full payment of all obligations under this Agreement, or the
applicable Property Schedule, or the termination of the Lease Term for such Property Schedule for any reason.
ARTICLE XIII
13.01 Events of Default Defined. Any of the following shall constitute an "Event of Default' under a Property Schedule:
(a) Failure by Lessee to pay any Lease Payment under the Property Schedule or other payment required to be paid with respect thereto at the time specified
therein;
(b) Failure by Lessee to observe and perform any covenant, condition or agreement on its part to be observed or performed with respect to the Property
Schedule, other than as referred to in subparagraph (a) above, for a period of thirty (30) days after written notice specifying such failure and requesting that
it be remedied is given to Lessee by Lessor, unless Lessor shall agree in writing to an extension of such time prior to its expiration; provided that, if the
failure stated in the notice cannot be corrected within the applicable period, Lessor will not unreasonably withhold its consent to an extension of such time if
corrective action is instituted by Lessee within the applicable period and diligently pursued until the default is corrected;
(c) Any statement, representation or warranty made by Lessee in or pursuant to the Property Schedule or its execution, delivery or performance shall prove to
have been false, incorrect, misleading or breached in any material respect on the date when made;
(d) Lessee shall (i) apply for or consent to the appointment of a receiver, trustee, custodian or liquidator of Lessee, or of all or a substantial part of the assets of
Lessee, (ii) be unable, fail or admit in writing its inability generally to pay its debts as they become due, (iii) make a general assignment for the benefit of
creditors, (iv) have an order for relief entered against it under applicable federal bankruptcy law, or (v) tile a voluntary petition in bankruptcy or a petition or
an answer seeking reorganization or an arrangement with creditors or taking advantage of any insolvency law or any answer admitting the material
allegations of a petition filed against Lessee in any bankruptcy, reorganization or insolvency proceeding; or
(e) An order, judgment or decree shall be entered by any court of competent jurisdiction, approving a petition or appointing a receiver, trustee, custodian or
liquidator of Lessee or of all or a substantial part of the assets of Lessee, in each case without its application, approval or consent, and such order,
judgment or decree shall continue unstayed and in effect for any period of 60 consecutive days.
The foregoing provisions of Section 13.01 are subject to the following limitation: if by reason of force maieure Lessee is unable in whole or in part to perform its
agreements under this Agreement and the Property Schedule (other than the obligations on the part of Lessee contained in Article VI hereof) Lessee shall not be in default
during the continuance of such inability. The term "force maieure" as used herein shall mean the following: acts of God; strikes, lockouts or other industrial disturbances; acts
of public enemies; orders or restraints of any kind of the government of the United States or of the State or any of their departments, agencies or officials, or any civil or
military authority; insurrections, riots, landslides, earthquakes, fires, storms, droughts, floods, explosions, breakage or accident to machinery, transmission pipes or canals; or
any other cause or event not reasonably within the control of Lessee.
A Nonappropriation Event is not an Event of Default.
13.02 Remedies on Default. Whenever any Event of Default exists with respect to a Property Schedule, Lessor shall have the right, at its sole option without any
further demand or notice, to take one or any combination of the following remedial steps:
(a) Without terminating the Property Schedule, and by written notice to Lessee, Lessor may declare all Lease Payments and other amounts payable by Lessee
thereunder to the end of the then-current budget year of Lessee to be due, including without limitation delinquent Lease Payments under the Property
Schedule from prior budget years, and such amounts shall thereafter bear interest at the rate of 12% per annum or the maximum rate permitted by
applicable law, whichever is less;
(b) Lessor may terminate the Property Schedule, may enter the premises where the Property subject to the Property Schedule is located and retake possession
of the Property, or require Lessee, at Lessee's expense, to promptly retum any or all of the Property to the possession of Lessor at such place within the
United States as Lessor shall specify, and Lessor may thereafter dispose of the Property in accordance with Article 9 of the Uniform Commercial Code in
effect in the State; provided, however, that any proceeds from the disposition of the property in excess of the sum required to (i) pay off any outstanding
principal component of Lease Payments, (ii) pay any other amounts then due under the Property Schedule, and (iii) pay Lessor's costs and expenses
associated with the disposition of the Property (including attorneys fees), shall be paid to Lessee or such other creditor of Lessee as may be entitled thereto,
and further provided that no deficiency shall be allowed against Lessee except with respect to unpaid costs and expenses incurred by Lessor in connection
with the disposition of the Property;
By written notice to any escrow agent who is holding proceeds of the Property Schedule, Lessor may instruct such escrow agent to release all such
proceeds and any earnings thereon to Lessor, such sums to be credited to payment of Lessee's obligations under the Property Schedule;
(d) Lessor may take any action, at law or in equity, that is permitted by applicable law and that may appear necessary or desirable to enforce or to protect any
of its rights under the Property Schedule and this Agreement.
Notwithstanding the foregoing, if the proceeds are insufficient to pay items (1) to (iii) in Section 13.02(b) in whole, Lessee shall remain obligated after application of
proceeds to items (i) and (ii), to pay in whole the amounts for item (iii).
13.03 No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall
be in addition to every other remedy given under this Agreement now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing
upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as
often as may be deemed expedient In order to entitle Lessor to exercise any remedy reserved to it in this Article it shall not be necessary to give any notice, other than such
notice as may be required in this Article.
13.04 Costs and Attorney Fees. Upon the occurrence of an Event of Default by Lessee in the performance of any term of this Agreement, Lessee agrees to pay to
Lessor or reimburse Lessor for, in addition to all other amounts due hereunder, all of Lessor's costs of collection, including reasonable attomey fees, whether or not suit or
action is filed thereon. Any such costs shall be immediately due and payable upon written notice and demand given to Lessee, shall be secured by this Agreement until paid
and shall bear interest at the rate of 12% per annum or the maximum amount permitted by law, whichever is less. In the event suit or action is instituted to enforce any of the
terms of this Agreement, the prevailing party shall be entitled to recover from the other party such sum as the court may adjudge reasonable as attorneys' fees at trial or on
appeal of such suit or action or in any bankruptcy proceeding, in addition to all other sums provided by law.
ARTICLE XIV
14.01 Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when delivered or mailed by certified
mail, postage prepaid, to the parties hereto at the addresses immediately after the signatures to this Agreement (or at such other address as either party hereto shall
designate in writing to the other for notices to such party), to any assignee at its address as it appears on the registration books maintained by Lessee.
14.02 Arbitrage Certificates. Unless a separate Arbitrage Certificate is delivered on the Commencement Date, Lessee shall be deemed to make the following
representations and covenants as of the Commencement Date for each Property Schedule:
(a) The estimated total costs, including taxes, freight, installation, cost of issuance, of the Property under the Property Schedule will not be less than the total
principal amount of the Lease Payments.
(b) The Property under the Property Schedule has been ordered or is expected to be ordered within six months after the Commencement Date and the Property
is expected to be delivered and installed, and the Vendor fully paid, within eighteen months from the Commencement Date. Lessee will pursue the
completion of the Property and the expenditure of the net proceeds of the Property Schedule with due diligence.
(c) Lessee has not created or established, and does not expect to create or establish, any sinking fund or other similar fund (i) that is reasonably expected to be
used to pay the Lease Payments under the Property Schedule, or (ii) that may be used solely to prevent a default in the payment of the Lease Payments
under the Property Schedule.
(d) The Property under the Property Schedule has not been and is not expected to be sold or otherwise disposed of by Lessee, either in whole or in major part,
prior to the last maturity of the Lease Payments under the Property Schedule.
(e) There are no other obligations of Lessee which (i) are being sold within 15 days of the Commencement Date of the Property Schedule; (ii) are being sold
pursuant to the same plan of financing as the Property Schedule; and (iii) are expected to be paid from substantially the same source of funds.
The officer or official who has executed the Property Schedule on Lessee's behalf is familiar with Lessee's expectations regarding the use and expenditure
of the proceeds of the Property Schedule. To the best of Lessee's knowledge, information and belief, the facts and estimates set forth in herein are
accurate and the expectations of Lessee set forth herein are reasonable.
14.03 Further Assurances. Lessee agrees to execute such other and further documents, including, without limitation, confirmatory financing statements, continuation
statements, certificates of title and the like, and to take all such action as may be necessary or appropriate, from time to time, in the reasonable opinion of Lessor, to perfect,
confirm, establish, reestablish, continue, or complete the interests of Lessor in this Agreement and the Property Schedules, to consummate the transactions contemplated
hereby and thereby, and to carry out the purposes and intentions of this Agreement and the Property Schedules.
14.04 Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon Lessor and Lessee and their respective successors and assigns.
14.05 Severabilitv. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision hereof.
(c)
(()
14.06 Waiver of Jury Trials. Lessee and Lessor hereby irrevocably waive all right to trial by jury in any action, proceeding or counterclaim (whether based on contract,
tort or otherwise) arising out of or relating to this Agreement or the actions of Lessor or Lessee in the negotiation, administration, performance or enforcement hereof.
14.07 Amendments, Changes and Modifications. This Agreement may be amended in writing by Lessor and Lessee to the extent the amendment or modification
does not apply to outstanding Property Schedules at the time of such amendment or modification. The consent of all assignees shall be required to any amendment or
modification before such amendment or modification shall be applicable to any outstanding Property Schedule.
14.08 Execution in Counterparts. This Agreement and the Property Schedules hereunder may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
14.09 Applicable Law. This Agreement shall be govemed by and construed in accordance with the laws of the State.
14.10 Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or
sections of this Agreement.
IN WITNESS WHEREOF, Lessor and Lessee have caused this Agreement to be executed in their names by their duly authorized representatives as of the date
first above written.
Lessor: U.S. Bancorp Government
Leasing and Finance, Inc.
By:
Name:
Title:
Lessee: City of Eden Prairie
By:
Name:
Title:
Lessee: City of Eden Prairie
Name:
Title:
ADDENDUM (MINNESOTA)
Master Tax-Exempt Lease/Purchase Agreement
THIS ADDENDUM, which is entered into as of February 21, 2012 between U.S. Bancorp Government Leasing and Finance, Inc. ("Lessor")
and City of Eden Prairie ("Lessee"), is intended to modify and supplement the Master Tax-Exempt Lease/Purchase Agreement between
Lessor and Lessee of even date herewith (the "Master Agreement"). Capitalized terms not otherwise defined herein shall have the
meanings set forth in the Master Agreement.
Notwithstanding anything to the contrary set forth in the Master Agreement, title to the Property subject to each Property Schedule
shall remain in Lessor during the Lease Term for each such Property Schedule, subject to Lessee's rights under the Master Agreement.
IN WITNESS WHEREOF, Lessor and Lessee have caused this Addendum to be executed in their names by their duly authorized
representatives as of the date first above written.
Lessor: U.S. Bancorp Government
Leasing and Finance, Inc.
By:
Name:
Title:
Lessee: City of Eden Prairie
By:
Name:
Title:
Lessee: City of Eden Prairie
EJY:
Name:
Title:
ADDENDUM NO. 2
Master Tax-Exempt Lease/Purchase Agreement
THIS ADDENDUM NO. 2, which is entered into as of February 21, 2012 between U.S. Bancorp Government Leasing and Finance, Inc.
("Lessor") and City of Eden Prairie ("Lessee"), is intended to modify and supplement the Master Tax-Exempt Lease/Purchase Agreement
between Lessor and Lessee of even date herewith (the "Master Agreement"). Capitalized terms not otherwise defined herein shall have the
meanings set forth in the Master Agreement.
Section 14.11 is hereby added to the Master Agreement as follows:
14.11 Audits. The books, records, documents, and accounting procedures and practices of the Contracting Party or other parties relevant to this
Agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this
Contract.
IN WITNESS WHEREOF, Lessor and Lessee have caused this Addendum No. 2 to be executed in their names by their duly
authorized representatives as of the date first above written.
Lessor: U.S. Bancorp Government
Leasing and Finance, Inc.
By:
Name:
Title:
Lessee: City of Eden Prairie
By:
Name:
Title:
Lessee: City of Eden Prairie
By:
Name:
Title:
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 21, 2012
DEPARTMENT/DIVISION:
Office of the City Manager
City Manager, Rick Getschow
ITEM DESCRIPTION:
Approval of Pay Equity Report
ITEM NO.: VIII.G.
Requested Action
Move to: Receive the 2011 LGPEA Pay Equity Report a nd approve submittal of the report to the
State.
Synopsis
In 1984, the Minnesota Legislature passed the Loca l Government Pay Equity Act (LGPEA). This
state law requires all public jurisdictions such as cities, counties, and school districts to eliminate
any sex-based wage inequities in compensation.
The City of Eden Prairie is required to s ubmit a pay equity report every three years to
demonstrate compliance with this law. The a ttached report for 2011 must be approved by the
Council. The report was submitted on January 25, 2011 to meet the January 31, 2011 deadline.
However, the state is awaiting confirmation of Council approval. Our analysis of the data
contained in the report indicates that the City is currently in compliance this law.
Attachment
LGPEA Report
L.),401.4).A.E.-Y11.1 rd (441-rx-0( (ePi
erning body)
Z
--rdfficial)
Pay Equity Implementation Report
1/19/2012
Part A: Jurisdiction Identification
Jurisdiction: Jurisdiction Type:
Contact: Phone: E-Mail
Part B: Official Verification
1. The job evaluation system used measured skill, effort
responsibility and working conditions and the same
system was used for all classes of employees.
2. Health Insurance benefits for male and female classes of
comparable value have been evaluated and:
-11A(2.As, no ailli.A_urci
3. An official notice has been posted at:
(prominent location)
informing employees that the Pay Equity
Implementation Report has been filed and is
available to employees upon request. A copy of the
notice has been sent to each exclusive
representative, if any, and also to the public library.
The report was approved by:
(tide)
Part C: Total Payroll
caqi 1 '844 3i3
is the annual payroll for the calendar year just ended
December 31.
fl Checking this box indicates the following:
- signature of chief elected official
- approval by governing body
- all information is complete and accurate,
and
- all employees over which the jurisdiction has
final budgetary authority are included
Date Submitted:
Compliance Report
Jurisdiction: Eden Prairie Report Year: 2012
8080 Mitchell Road
Case: 1 -2011 DATA (Private (Jur Only))
Eden Prairie MN 55344
Contact: Lori Kerns Phone: (952) 949-8431
E-Mail: Ikerns@edenprairie.org
The statistical analysis, salary range and exceptional service pay test results are shown below. Part I is general information
from your pay equity report data. Parts II, Ill and IV give you the test results.
For more detail on each test, refer to the Guide to Pay Equity Compliance and Computer Reports
I. GENERAL JOB CLASS INFORMATION
# Job Classes
# Employees
Avg. Max Monthly
Pay per employee
Male
Classes
57
199
5,624.56
Female
Classes
37
104
4,787.85
Balanced
Classes
9
78
All Job
Classes
103
381
4,880 69
II. STATISTICAL ANALYSIS TEST
A. Underpayment Ratio = 108.19 *
a. # At or above Predicted Pay
b. # Below Predicted Pay
c. TOTAL
d. % Below Predicted Pay
Male
Classes
32
25
57
43.86
Female
Classes
22
15
37
40.54
(b divided by c = d)
*(Result is % of male classes below predicted pay divided by % of female classes below predicted pay.)
B. T-test Results
Degrees of Freedom (DF) = 301
a. Avg. diff, in pay from predicted pay for male jobs = $3
b. Avg. diff, in pay from predicted pay for female jobs = $55
III. SALARY RANGE TEST = 104.00 (Result is A divided by B)
A. Avg. # of years to max salary for male jobs = 5.20
B. Avg. # of years to max salary for female jobs = 5.00
IV. EXCEPTIONAL SERVICE PAY TEST = 0.00 (Result is B divided by A)
A. `)/0 of male classes receiving ESP 5.26 *
B. % of female classes receiving ESP 0.00
*(If 20% or less, test result will be 0.00)
Value of T = -1 707
26
1
2
4
14
1
1
13
6
0
1
3
2
6
36
1
0
3
0
1
1
0
0
0
1
0
1
2
1
2
2
0
1
3
9
2
1
1
0
0
1
3
4
1
6
39
0
0
1
0
1
0
0
1
1
1
0
7
4
1
12
5
3
4
3
1
2
0
0
0
1
0
4
0
13
0
3
11
2
3
0
2
0
0
0
0
0
0
0
0
1
0
0
0
1
1
0
2
0
0
0
9
1
1
0
2
6
1
1
1
0
1
1
Job Class Nbr
Nbr Title Males
1 Liquor Store Operations II
2 Recreation Services!
3 Aquatics II
108 Recreation Services II
5 Maintenance ll
6 Aquatics III
105 Liquor Store Operations III
106 Maintenance III
109 Recreation Services III
110 Fitness III
111 Professional Office Servic:
112 Police ll
10 Facilities Technician
107 Customer Service/Office A
11 Maintenance Technician
12 Community Service Office,
13 Administrative Assistant 1
14 Maintenance Worker Spec
15 Technician 1
16 Animal Control Officer
17 Technician II
18 Police Dispatcher
19 Asst Liquor Store Managei
20 Administrative Assistant II
113 Facilities Engineer in Train
21 Technician III
22 Sr Asst Liquor Store Mana
23 Water Plant Lead
24 Forestry Technician
25 Facilities Engineer
26 Lead Maintenance Worker
27 Executive Assistant
28 Mechanic Lead
29 Mechanic
30 Plant Operator
31 Appraiser 1
32 Information Technology Sy
33 Law Enforcement Analyst
34 Zoning Administrator
35 Investigative Aide
36 Community Services Coon
37 Engineering Tech ll
38 Senior Engineering Techni
39 Fire Prevention Specialist
40 Electronic Communication:
41 Building Inspector II
42 Police Patrol/Investigation:
43 Communications Coordina
44 Police Records Supervisor
46 GIS Coordinator
47 Accountant
48 Recreation Supervisor
49 Police Dispatcher Supervi:
50 Police Project Coordinator
51 Facilities Supervisor
104 Application Developer
52 Apprasier II
53 Sr. Communications Coorc
Nbr Class Jobs
Females Type Points
667
667
667
667
1,000
1,000
1,000
1,000
1,000
1,000
1,000
1,000
1,333
1,333
1,600
1,600
1,600
1,600
1,600
1,600
1,800
1,800
1,800
1,800
1,800
2,000
2,000
2,000
2,000
2,000
2,000
2,000
2,000
2,000
2,000
2,200
2,200
2,200
2,200
2,200
2,200
2,200
2,400
2,400
2,400
2,400
2,400
3,000
3,000
3,000
3,000
3,000
3,000
3,000
3,000
3,000
3,625
3,625
Min Mo
Salary
$1,560 00
$130000
$1,390.00
$156000
$156000
$2,080.00
$2,080.00
$1,906 00
$2,080 00
$2,426 00
$2,600.00
$2,080.00
$3,146.00
$3,146 00
$3,590 00
$3,408 00
$3,408.00
$3,416.00
$3,408.00
$3,408 00
$3,671 00
$3,966.00
$3,671.00
$3,671.00
$3,671 00
$3,931 00
$3,931.00
$3,931 00
$3,931.00
$3,931.00
$3,590.00
$3,931.00
$3,590.00
$3,590.00
$3,931.00
$4,260.00
$4,260.00
$4,260.00
$4,260.00
$4,260.00
$4,260.00
$4,260.00
$4,791.00
$4,791.00
$4,791 00
$4,791 00
$4,262.00
$4,652.00
$4,652.00
$4,652 00
$4,652.00
$4,652 00
$4,652.00
$4,652.00
$4,652 00
$4,652 00
$4,980 00
$4,980.00
Max Mo
Salary
$2,253 00
$1,733.00
$2,253 00
$2,253 00
$2,600.00
$2,773.00
$2,773 00
$2,600.00
$2,773.00
$5,200.00
$5,200 00
$2,773 00
$3,980 00
$3,980.00
$4,273.00
$4,314.00
$4,314.00
$4,170.00
$4,314 00
$4,314.00
$4,647.00
$4,638.00
$4,647.00
$4,647.00
$4,647.00
$4,978.00
$4,978.00
$4,834.00
$4,978 00
$4,978 00
$4,548 00
$4,978.00
$4,834 00
$4,548 00
$4,548 00
$5,394 00
$5,394.00
$5,394.00
$5,394.00
$5,394.00
$5,394.00
$5,394.00
$6,068.00
$6,068.00
$6,068.00
$6,068.00
$5,897.00
$6,512.00
$6,512.00
$6,512.00
$6,512.00
$6,512.00
$6,512.00
$6,512.00
$6,512.00
$6,512.00
$6,973.00
$6,973.00
Eden Prairie
LGID 842
Yrs to Max
Salary
0.00
0 00
0.00
0.00
0 00
0.00
0.00
0.00
0.00
0 00
0.00
0 00
0 00
0 00
5 00
0 00
0.00
6.00
0.00
0.00
0.00
5.00
0.00
0.00
0.00
0.00
0.00
6.00
0.00
0.00
7.00
0.00
8.00
7.00
5 00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
5.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Yrs of Exceptional
Service Service Pay
0.00
0.00
0.00
0 00
0.00
0 00
0 00
0.00
0.00
0.00
0.00
0 00
0 00
0.00
0.00
0.00
0.00
0 00
0 00
0.00
0 00
0 00
0.00
0.00
0.00
0 00
0.00
0.00
0 00
0.00
0.00
0 00
0 00
0 00
0.00
0 00
0.00
0 00
0.00
0.00
0.00
0 00
0.00
0.00
0 00
0.00
0.00 Performance
0 00
0 00
0.00
0 00
0 00
0 00
0.00
0.00
0.00
0 00
0.00
Job Class Data Entry Verification List
Case: 2011 DATA
1
Nbr Class Jobs
Females Type Points
3,625
3,625
3,875
3,875
3,875
3,875
3,875
3,875
3,875
3,875
3,875
3,875
4,125
4,125
4,125
4,125
4,375
4,375
4,375
4,375
4,375
4,375
4,375
4,375
4,375
5,250
5,250
5,667
5,667
5,667
5,667
5,667
6,000
6,000
6,000
6,000
6,000
6,000
6,333
7,667
7,667
8,000
8,000
8,000
8,333
Min Mo
Salary
$4,980.00
$4,980.00
$5,242.00
$5,242 00
$5,242.00
$5,242 00
$5,242.00
$5,242 00
$5,242.00
$5,242.00
$6,961.00
$5,242.00
$5,502.00
$5,502.00
$5,502.00
$5,502.00
$5,831.00
$5,831.00
$5,831.00
$5,831.00
$5,831.00
$5,831.00
$5,831.00
$5,831.00
$5,831.00
$6,222.00
$7,815.00
$6,710.00
$6,710.00
$6,710.00
$6,710.00
$6,710.00
$7,138.00
$7,138.00
$7,138.00
$7,138.00
$7,138.00
$7,138.00
$7,568.00
$7,996.00
$7,996.00
$8,428.00
$8,428.00
$8,428.00
$8,855.00
Max Mo
Salary
$6,973.00
$6,973.00
$7,337.00
$7,337.00
$7,337.00
$7,337.00
$7,337.00
$7,337 00
$7,337.00
$7,337.00
$6,961.00
$7,337.00
$7,705.00
$7,705 00
$7,705.00
$7,705.00
$8,162.00
$8,162.00
$8,162.00
$8,162.00
$8,162.00
$8,162.00
$8,162.00
$8,162.00
$8,162.00
$8,713.00
$8,051.00
$9,393.00
$9,393.00
$9,393.00
$9,393.00
$9,393.00
$9,994.00
$9,994.00
$9,994.00
$9,994.00
$9,994.00
$9,994.00
$10,594.00
$11,196.00
$11,196.00
$11,797.00
$11,797.00
$11,797,00
$12,397.00
Eden Prairie
LGID 842
Yrs to Max
Salary
0.00
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
2.00
0 00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Yrs of Exceptional
Service Service Pay
0.00
0.00
0.00
0.00
0 00
0.00
0 00
0.00
0.00
0,00
0.00 Performance
0.00
0.00
0.00
0.00
0.00
0.00
0,00
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00 Performance
0_00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0,00
0.00
0.00
0.00
0.00
Job Class Data Entry Verification List
Case: 2011 DATA
Nbr
Males
Job Class
Nbr Title
54 Planner ll
55 Liquor Store Manager
56 City Clerk
57 Environmental Coordinator
58 Appraiser III
61 IT Network System Analys
62 IT Analyst Developer
63 Park Constr & Repair Sup
64 Utility Field Operations Sur
65 Water Treatment PI Ops S
66 Police Sergeant
68 Park Maintenance Supervi
60 Human Resources Superv
70 Senior Project Engineer
71 Senior Planner
72 Street Division Manager
73 Support Services/Risk Mar
74 Liquor Store Operations M
76 Economic Development M.
77 Facilities Manager
78 Housing & Comm. Service
79 Communications Manager
81 Assistant City Engineer
83 Community Center Managi
84 Recreation Services Mana
82 Finance Supervisor
85 Police Lieutenant
86 Assistant Fire Chief
87 Public Works Superintend(
88 Utilities Operations Manag
89 Parks & Natural Resource:
90 Building Inspections Maria!
91 Police Deputy
92 Information Technology h/k
93 Human Resource Manage
94 City Planner
95 City Engineer
96 City Assessor
97 Finance Manager
98 Fire Chief
99 Community Development I
100 Police Chief
101 Public Works Director
102 Parks and Recreation Dire
103 City Manager
Job Number Count: 103
2
Predicted Pay Report for Eden Prat' e 1/19/2012
Case : 2011 DATA
14000
12000
10000
8000
CO
TO
6000
4000
2000
0
0
1000
2000
3000
4000 5000
6000
7000
8000
9000
Points
• Male Jobs
Line Continuation (Min)
Female Jobs
Line Continuation (Max)
Balanced Jobs
Predicted Pay
Page 1 of 4
26
1
2
4
14
1
1
13
6
0
1
3
2
6
36
1
0
3
0
1
1
0
0
0
1
0
1
2
1
2
2
0
1
3
9
7
4
1
12
5
3
4
1
3
1
2
0
0
0
1
0
4
0
13
0
3
11
2
3
0
2
0
0
0
0
0
1
0
0
33
5
3
16
19
4
5
14
9
1
3
3
2
6
37
1
4
3
13
1
4
11
2
3
1
2
1
2
1
2
2
1
1
3
9
Predicted Pay Report for Eden Prairie
1/19/2012
Case : 2011 DATA
Job Job Title
Nbr Nbr Total
Job
Job
Max Mo Predicted
Pay
Nbr
Males Females
Nbr Type Points
Salary
Pay Difference
667
667
667
667
1,000
1,000
1,000
1,000
1,000
1,000
1,000
1,000
1,333
1,333
1,600
1,600
1,600
1,600
1,600
1,600
1,800
1,800
1,800
1,800
1,800
2,000
2,000
2,000
2,000
2,000
2,000
2,000
2,000
2,000
2,000
1 Liquor Store Operations II
2 Recreation Services I
3 Aquatics II
108 Recreation Services II
5 Maintenance II
6 Aquatics III
105 Liquor Store Operations Ill
106 Maintenance III
109 Recreation Services III
110 Fitness Ill
111 Professional Office Services I
112 Police If
10 Facilities Technician
107 Customer Service/Office Assist
11 Maintenance Technician
12 Community Service Officer ll
13 Administrative Assistant 1
14 Maintenance Worker Specialist
15 Technician 1
16 Animal Control Officer
17 Technician II
18 Pot ice Dispatcher
19 Asst Liquor Store Manager
20 Administrative Assistant II
113 Facilities Engineer in Trainin
21 Technician ill
22 Sr Asst Liquor Store Manager
23 Water Plant Lead
24 Forestry Technician
25 Facilities Engineer
26 Lead Maintenance Worker
27 Executive Assistant
28 Mechanic Lead
29 Mechanic
30 Plant Operator
Balanced
Female
Balanced
Female
Balanced
Female
Female
Male
Balanced
Female
Balanced
Male
Male
Male
Male
Male
Female
Male
Female
Male
Female
Female
Female
Female
Male
Female
Male
Male
Male
Male
Male
Female
Male
Male
Male
$2,253.00
$1,733.00
$2,253.00
$2,253.00
$2,600.00
$2,773.00
$2,773.00
$2,600.00
$2,773.00
$5,200.00
$5,200.00
$2,773.00
$3,980.00
$3,980.00
$4,273.00
$4,314.00
$4,314.00
$4,170.00
$4,314.00
$4,314.00
$4,647.00
$4,638.00
$4,647.00
$4,647.00
$4,647.00
$4,978.00
$4,978.00
$4,834.00
$4,978.00
$4,978.00
$4,548.00
$4,978.00
$4,834.00
$4,548.00
$4,548.00
$2,230.58
$2,230.58
$2,230.58
$2,230.58
$2,903.36
$2,903.36
$2,903.36
$2,903.36
$2,903.36
$2,903.36
$2,903.36
$2,903.36
$3,576.91
$3,576.91
$4,117.15
$4,117.15
$4,117.15
$4,117.15
$4,117.15
$4,117.15
$4,642.83
$4,642.83
$4,642.83
$4,642.83
$4,642.83
$5,044.16
$5,044.16
$5,044.16
$5,044.16
$5,044.16
$5,044.16
$5,044.16
$5,044.16
$5,044.16
$5,044.16
$22.42
($497.58)
$22.42
$22.42
($303.36)
($130.36)
($130.36)
($303.36)
($130.36)
$2,296.64
$2,296.64
($130.36)
$403.09
$403.09
$155.85
$196.85
$196.85
$52.85
$196.85
$196.85
$4.17
($4.83)
$4.17
$4.17
$4.17
($66.16)
($66.16)
($210.16)
($66.16)
($66.16)
($496.16)
($66.16)
($210.16)
($496.16)
($496.16)
Page 2 of 4
0
2
1
1
0
0
1
3
4
1
6
39
0
0
1
0
1
0
0
1
1
1
0
1
0
0
0
2
1
1
1
1
1
10
1
1
2
1
1
1
1
1
5
4
1
6
48
1
1
1
2
7
1
1
2
1
2
1
2
3
1
1
2
1
1
1
1
1
11
1
Predicted Pay Report for Eden Prairie 1/19/2012
Case : 2011 DATA
Job Job Title Nbr Nbr Total
Job
Job
Max Mo Predicted
Pay
Nbr Males Females Nbr Type Points Salary Pay Difference
2.200
2.200
2 200
2.200
2 200
2,200
2.200
2.400
2,400
2 400
2 400
2,400
3,000
3,000
3,000
3,000
3,000
3,000
3,000
3,000
3,000
3,625
3,625
3 625
3 625
3.875
3,875
3,875
3,875
3.875
3.875
3.875
3,875
3,875
3.875
31 Appraiser 1
32 information Technology Systems
33 Law Enforcement Analyst
34 Zoning Administrator
35 Investigative Aide
36 Community Services Coordinator
37 Engineering Tech ll
38 Senior Engineering Technician
39 Fire Prevention Specialist
40 Electronic Communications Spec
41 Building Inspector II
42 Police Patrol/Investigations
43 Communications Coordinator
44 Police Records Supervisor
46 GIS Coordinator
47 Accountant
48 Recreation Supervisor
49 Police Dispatcher Supervisor
50 Police Project Coordinator
51 Facilities Supervisor
104 Application Developer
52 Apprasier II
53 Sr. Communications Coordinator
54 Planner ll
55 Liquor Store Manager
56 City Clerk
57 Environmental Coordinator
58 Appraiser Ill
61 IT Network System Analyst
62 IT Analyst Developer
63 Park Constr & Repair Sup
64 Utility Field Operations Super
65 Water Treatment PI Ops Supervi
66 Police Sergeant
68 Park Maintenance Supervisor
Female
Male
Male
Male
Female
Female
Male
Balanced
Male
Male
Male
Male
Female
Female
Male
Female
Female
Female
Female
Balanced
Male
Balanced
Female
Balanced
Female
Female
Female
Male
Male
Male
Male
Male
Male
Male
Male
$5 394.00
$5,394.00
$5 394.00
$5 394.00
$5 394.00
$5 394.00
$5,394.00
$6 068.00
$6,068.00
$6 068.00
$6 068.00
$5,897.00
$6,512.00
$6,512.00
$6,512.00
$6,512.00
$6,512.00
$6,512.00
$6,512.00
$6,512.00
$6,512.00
$6,973.00
$6,973.00
$6,973.00
$6,973.00
$7,337.00
$7,337.00
$7,337.00
$7,337.00
$7,337.00
$7,337.00
$7,337.00
$7,337.00
$6,961.00
$7,337.00
$5,442.40
$5,442.40
$5 442.40
$5.442.40
$5,442.40
$5,442.40
$5,442.40
$5 853.69
$5,853.69
$5,853.69
$5,853.69
$5.853.69
$6 339.30
$6.339.30
$6 339.30
$6 339.30
$6 339.30
$6 339.30
$6 339.30
$6 339.30
$6 339.30
$6 918.41
$6 918.41
$6,918.41
$6,918.41
$7,122.32
$7,122.32
$7,122.32
$7,122.32
$7,122.32
$7,122.32
$7,122.32
$7,122.32
$7,122.32
$7,122.32
($48.40)
($48.40)
($48.40)
($48.40)
($48.40)
($48.40)
($48.40)
$214.31
$214.31
$214.31
$214.31
$43.31
$172.70
$172.70
$172.70
$172.70
$172.70
$172.70
$172.70
$172.70
$172.70
$54.59
$54.59
$54.59
$54.59
$214.68
$214.68
$214.68
$214.68
$214.68
$214.68
$214.68
$214.68
($161.32)
$214.68
Page 3 of 4
Predicted Pay Report for Eden Prairie 1/19/2012
Case : 2011 DATA
Job Job Title Nbr Nbr Total
Job
Job
Max Mo Predicted
Pay
Nbr Males Females Nbr Type Points Salary Pay Difference
4,125
4,125
4,125
4,125
4,375
4,375
4,375
4,375
4,375
4,375
4,375
4,375
4,375
5,250
5 250
5.667
5,667
5,667
5,667
5,667
6,000
6 000
6,000
6 000
6,000
6,000
6,333
7 667
7,667
8,000
8 000
8,000
8,333
60 Human Resources Supervisor
70 Senior Project Engineer
71 Senior Planner
72 Street Division Manager
73 Support Services/Risk Manager
74 Liquor Store Operations Manage
76 Economic Development Manager
77 Facilities Manager
78 Housing & Comm, Services Manag
79 Communications Manager
81 Assistant City Engineer
83 Community Center Manager
84 Recreation Services Manager
82 Finance Supervisor
85 Police Lieutenant
86 Assistant Fire Chief
87 Public Works Superintendent
88 Utilities Operations Manager
89 Parks & Natural Resources Mgr
90 Building Inspections Manager
91 Police Deputy
92 Information Technology Manager
93 Human Resource Manager
94 City Planner
95 City Engineer
96 City Assessor
97 Finance Manager
98 Fire Chief
99 Community Development Director
100 Police Chief
101 Public Works Director
102 Parks and Recreation Director
103 City Manager
Job Number Count 103
0 1 1 Female
0 1 1 Female
1 0 1 Male
1 0 1 Male
1 0 1 Male
1 0 1 Male
1 0 1 Male
1 0 1 Male
0 1 1 Female
0 1 1 Female
1 0 1 Male
0 1 1 Female
0 1 1 Female
0 1 1 Female
3 0 3 Male
2 0 2 Male
1 0 1 Male
1 0 1 Male
1 0 1 Male
1 0 1 Male
1 0 1 Male
0 1 1 Female
0 1 1 Female
1 0 1 Male
1 0 1 Male
1 0 1 Male
0 1 1 Female
1 0 1 Male
0 1 1 Female
1 0 1 Male
1 0 1 Male
1 0 1 Male
1 0 1 Male
$7,705.00
$7,705.00
$7,705.00
$7,705.00
$8,162.00
$8,162.00
$8,162.00
$8,162.00
$8,162.00
$8,162.00
$8,162.00
$8,162.00
$8,162.00
$8,713.00
$8,051.00
$9,393.00
$9,393.00
$9,393.00
$9,393.00
$9,393.00
$9,994.00
$9,994.00
$9,994.00
$9,994.00
$9,994.00
$9,994.00
$10,594.00
$11,196.00
$11,196.00
$11,797.00
$11,797.00
$11,797.00
$12,397.00
$7,647.87
$7,647.87
$7,647.87
$7,647.87
$8,173.43
$8,173.43
$8,173.43
$8,173.43
$8,173.43
$8,173.43
$8,173.43
$8,173.43
$8,173.43
$8,895.99
$8,895.99
$9,346.71
$9346 71
$9 346 71
$9,346 71
$9,346.71
$9,658.79
$9 658 79
$9,658 79
$9 658 79
$9,658 79
$9,658 79
$9,980,10
$11 496.55
$11.496 55
$11 832 13
$11 832 13
$11,832 13
$12,167.72
$57.13
$57.13
$57.13
$57.13
($11.43)
($11.43)
($11.43)
($11.43)
($11.43)
($11.43)
($11.43)
($11.43)
($11.43)
($182.99)
($844.99)
$46.29
$46.29
$46.29
$46.29
$46.29
$335.21
$335.21
$335.21
$335.21
$335.21
$335.21
$613.90
($300.55)
($300.55)
($35.13)
($35.13)
($35.13)
$229.28
Page 4 of 4
Print and Post This Notice Posting date: I 131 k.0ta)
Jurisdiction Name: 6 . ty of Eden -Pral6L..
NOTICE
2012 Pay Equity Report
This jurisdiction is submitting a pay equity implementation report to Minnesota
Management & Budget as required by the Local Government Pay Equity Act, Minnesota
Statutes 471.991 to 471.999. The report must be submitted to the department by January
31, 2012.
The report is public data under the Minnesota Government Data Practices Act, Minnesota
Statutes, Chapter 13. That means that the report is available to anyone requesting this
information.
This notice is being sent to all union representatives (if any) in this jurisdiction. In
addition, this notice must remain posted in a prominent location for at least 90 days from
the date the report was submitted.
For more information about this jurisdiction's pay equity program, or to request a copy of
the implementation report, please contact:
Ogc, Fr) 5
41-1440_,VI faAOMU.4.; /GpLempfatir-ci
5600 tqr .hritnef -6a aalit,f)M
(local contact person's name, address, telephone)
qSz)
) 5-53q9
q W -843)
For more information about the state pay equity law, you may contact:
Pay Equity Coordinator
Minnesota Management & Budget
400 Centennial Office Building
658 Cedar Street
St. Paul, MN 55155
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 21, 2012
DEPARTMENT/DIVISION:
Office of City Manager,
Information Technology/ Lisa Wu
ITEM DESCRIPTION:
Declare obsolete computer equipment as
surplus.
ITEM NO.: VIII.H.
Requested Action
Move to: Declare obsolete equipment as surplus and authorize the City Manager to dispose
of property to manage end of life computers, monitors and electronics using Asset
Recovery Corporation’s services and the State of Minnesota as authorized under
City Code Section 2.86, Subd. 3.
Synopsis
The City has a surplus of obsolete computer equi pment. The equipment is of no use and will be
recycled for the cost of $.14 or $.17 per pound, de pending on the type, as shown below.
Misc. electronics $0.14 per pound
Monitors and TVs $0.17 per pound
There will be a credit given of $0.15 per pound for PCs (desktops and towers).
All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3.
Attachment
List of surplus equipment
Item Make Model Serial #
Computer Dell Optiplex GX280 2SSCS61
Computer Dell Optiplex GX620 82LRQB1
Computer Dell Optiplex GX270 2DRKG51
Computer Dell Optiplex GX280 JT43L71
Computer Dell Optiplex GX270 9WJPZ41
Computer Dell Optiplex GX280 HPFJV71
Computer Dell Optiplex GX280 79HDY71
Computer Dell Optiplex GX280 7BHDY71
Computer Dell Optiplex GX620 627RQB1
Computer Dell Optiplex GX620 62LRQB1
Computer Dell Optiplex GX520 8KTMC91
Computer Dell Optiplex GX270 JWJP241
Computer Dell Optiplex GX620 J0XSKB1
Computer Dell Optiplex GX620 68G0T91
Computer Dell Optiplex GX620 7DHXBB1
Computer Dell Optiplex GX520 5KTMC91
Computer Dell Optiplex GX620 4TN6W91
Computer Dell Optiplex GX620 6R7WKB1
Computer Dell Optiplex GX270 5FRK651
Computer Dell Optiplex GX620 H2LRQB1
Computer Dell Optiplex GX520 JJTMC91
Computer Dell Optiplex GX280 FT18561
Computer Dell Optiplex GX270 7N2H741
Computer Dell Optiplex GX280 3KLN391
Computer Dell Optiplex GX280 4LQLF61
Computer Dell Optiplex GX270 FB4C551
Printer Ricoh AC205 59579
Printer HP LaserJet P3005n CNJ1P29770
Monitor Dell REV-A00 CN0D5421-46633-4774PGU
Computer Dell Dimension 2300 1FHMT11
Printer HP LaserJet P3005n CNJ1P30127
Projector Sharp PG-A20X 501323885
Printer HP Photosmart P1000 MX9BK1FOTW
Printer HP DeskJet 952C MY04M170MV
Printer HP Photosmart 8450 Q3388A
Fax Brother MFC4350 U56360C99127720
Monitor Dell M782 MY086157476033C8BAEF
Printer HP ScanJet 4600 03112-40001
Computer Compaq Desktop Pro 3872C784
UPS Back-UPS Pro BP420S NB0114260762
Computer Visionics 1336 SE440BX
Printer HP Photosmart Premium SDGOB-0826
Laptop Gateway MA6 37092269
Laptop Gateway MA6 37092219
Laptop Gateway MA6 36759876
Laptop Gateway MA6 37092372
Laptop Dell REVA03 40WZJ71
Laptop IBM 2724 15070
TV Vizio LC370WUE 3709B23616332
Computer Dell Optiplex GX280 3MPNR71
Computer Dell Optiplex GX620 1S7WKB1
Computer Dell Optiplex GX620 7TN6W91
Computer Dell Optiplex GX520 1KTMC91
Computer Dell Optiplex GX520 6KTMC91
Computer Dell Optiplex GX520 8JTMC91
Computer Dell Optiplex GX270 8B4C551
Computer Dell Optiplex GX60 7P5S631
Computer Dell Optiplex GX280 3C11271
Computer Dell Optiplex GX280 7C11271
Computer Dell Optiplex GX270 HDRKG51
Computer Dell Optiplex GX280 7H56381
Computer Dell Optiplex GX280 GH56381
Computer Dell Optiplex GX270 9DRKG51
Computer Dell Optiplex GX520 CJTMC91
Computer Dell Optiplex GX620 JCHXBB1
Computer Dell Optiplex GX520 FJTMC91
Computer Dell Optiplex GX620 DCHXBB1
Computer Dell Optiplex GX520 4KTMC91
Computer Dell Optiplex GX620 9CHXBB1
CITY COUNCIL AGENDA
SECTION: Public Hearing
DATE:
February 21, 2011
DEPARTMENT/DIVISION:
Community Development
Janet Jeremiah
David Lindahl
ITEM DESCRIPTION:
Agreement between the City and
Rosemount for DEED’s Minnesota
Investment Fund loan
ITEM NO.: IX.A.
Requested Action:
Move to:
Close the Public Hearing; and
Approve agreement between the City and Rosemount, Inc. outlining terms and requirements
of a $500,000 forgivable loan (grant) to be provided to Rosemount from DEED’s Minnesota
Investment Fund (MIF).
Synopsis:
Public Hearing Requirement: In 1999 the Minnesota Legislature enacted a statute setting
requirements for subsidies allocated to businesses by state or local government agencies. The
law intended to stimulate public discussion about what should be required from businesses in
return for investment of public resources. To comply with this law the City adopted a business
subsidy policy in 2000 (attached) which includes criteria for awarding business subsidies. The
law also requires a public hearing before a subsidy is provided to a business.
Loan Agreement: The attached agreement outlin es the terms and conditions of the loan.
Disbursements will be made to Rosemount only after the City has received:
1. Evidence that they have created 100 new perm anent full time jobs at their Eden Prairie
facility.
2. Invoices for building renovation costs up to $500,000.
The new jobs must pay a wage of at least $13.00 per hour, exclusive of benefits . If Rosemount fails
to meet the job creation goal and wage level within twenty-four (24) months they will be required to
return all, or a proportional share of the loan to the City and DEED.
Background:
Rosemount plans to invest about $24,000,000 to renovate their building at 12005 Technology
Drive in Eden Prairie. To help offset these costs they have been approved to receive a $500,000
forgivable loan (grant) through the Department of Employment and Economic Development’s
(DEED) Minnesota Investment Fund (MIF). This City has applied for the loan and behalf of
Rosemount and is the conduit between DEED and the business.
Rosemount-Emerson is a Fortune 500 company headquartered in Missouri and has over 129,000
employees worldwide. They design and manufacture a variety of electronic equipment. One of their
eight core business units, Emerson Process Management, designs and manufactures control valves,
regulators, and flow measurement devices and is headquartered in Chanhassen.
The flow division of Emerson Process Management is located in Eden Prairie at 12005 Technology
Drive and has about 600 employees. The renovations in Eden Prairie will include additional offices
and improvements to the exterior of the building but will not expand the existing footprint.
Attachments:
Loan Agreement
Business Subsidy Policy
Business Subsidy Policy
City of Eden Prairie, Minnesota
This policy is adopted for purposes of the business subsidies act (the "Act), which is Minnesota
Statutes, Sections 116J.993 through 116J.995. Terms used in this Policy are intended to have the
same meanings as used in the Act, and this policy shall apply only with respect to subsidies
granted under the Act if and to the extent required thereby.
While it is recognized that the creation of good paying jobs is a desirable goal that benefits the
community, it must also be recognized that not all projects assisted with subsidies derive their
public purposes and importance solely through job creation. In addition, the imposition of high
job creation requirements and high wage levels may be unrealistic and counter-productive in the
face of larger economic forces and the fmancial and competitive circumstances of an individual
business.
With respect to subsidies, the determination of the number of jobs to be created and the wage
level thereof shall be guided by the following principles and criteria:
1. Each project shall be evaluated in a case-by-case basis, recognizing its importance
and benefit to the community from all perspectives, including created and retained employment
positions.
2. If a particular project does not involve the creation of jobs, but is nonetheless found to
be worthy of support and subsidy, it may be approved without any specific job or wage goals, as
may be permitted by applicable law.
3. In cases where the objective is the retention of existing jobs, the recipient of the
subsidy shall be required to provide reasonable demonstrable evidence that the loss of those jobs
is imminent.
4. The s.etting of wage and job goals must be sensitive to prevailing wage rates, local
economic conditions, external economic forces over which neither the grantor nor the recipient
of the subsidy has control, the individual financial resources of the recipient and the competitive
environment in which the recipient's business exists.
5. Because it is not possible to anticipate every type of project which may be in its
context and time present desirable community building or preservation goals and objectives, the
governing body must retain the right in its discretion to approve projects and subsidies which
may vary from the principles and criteria of the policy.
This policy was adopted by the City Council of the City Eden Prairie February 1, 2000 at a
public hearing held on the same date.
1
AGREEMENT FOR GRANT OF MINNESOTA INVESTMENT FUND
CDAP-11-0005-H-FY12
THIS AGREEMENT is made and entered into as the ___ day of ____________, 2012,
by and between the City of Eden Prairie, (the "City") and Rosemount Inc. (the "Applicant");
WITNESSETH:
WHEREAS, the City has applied to the Minnesota Department of Employment and
Economic Development for a Minnesota Investment Fund Grant (the "MIF Grant") pursuant to
an application (the "Grant Application") a nd received approval for said grant; and
WHEREAS, Grant Agreement Number CDAP-11-0005-H-FY12 (the "Grant
Agreement") between the Minnesota Department of Employment and Economic Development
and the City has been executed and requires that the Applican t provide sufficient funds to
complete financing and agree to grant terms with the City regarding the MIF Grant; and
WHEREAS, the parties hereto agree to incorporate into this Agreement by reference
said Grant Application and Grant Agreement as if fully set forth herein word for word;
NOW THEREFORE, it is agreed by and between the parties hereto as follows:
2
ARTICLE 1
Definitions
Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the
context:
“Benefit Date” If the grant is for the purchase, leas e, or donation of physical equipment, the
benefit date begins when the recipient puts the equipment into service;
If the grant is used for improvements to property, th e benefit date refers to the earliest date of (i)
when the improvements are finished for the entire project; or (ii) when the Applicant occupies
the Project.
"City" means the City of Eden Prairie.
“Compliance Date” means the date that is twenty-four (24) months after the Benefit Date.
“Applicant” means Rosemount Inc., a Minnesota Corporation .
"Development Property" means the real property described at Exhibit I.
"Building Renovations" means the improvements made to the Development Property by the
Applicant with the Grant and described at Exhibit II hereto.
"Grant Agreement" means Minnesota Department of Employment and Economic
Development Grant Agreement # CDAP-11-0005-H-FY12.
"Grantor Agency" and “Grantor” mean the Minnesota Department of Employment and
Economic Development.
"Initial Disbursement Date" means the date of the first disbursement of any Grant Proceeds by
the City to the Applicant.
“Jurisdiction” means a city or township.
"Leveraged Funds" means the funds described in Section 2.2. of this Agreement.
"Grant" means the funds granted by the City to the Applicant pursuant to this Agreement.
"Grant Proceeds" means the funds disbursed to the Applicant pursuant to this Agreement and
any proceeds thereof.
3
"MIF" means the Minnesota Investment Fund.
"MIF Grant" means the grant of funds by the Grantor Agency to the City pursuant to the Grant
Agreement.
"Project" means the Applicant’s expans ion and renovation of its Eden Prairie Rosemount Inc.
facility.
"State" means the state of Minnesota.
"Termination Date" In the event of default, “Termination Date” means the date of the final
payment made to the city.
ARTICLE 2
Financing for Project
Section 2.1. Project Financing. The Applicant has secu red financing necessary to complete the
Project, in a form and under conditio ns satisfactory to the Applicant.
Section 2.2. Applicant’s Equity. Th e Applicant shall commit not less than $38.2 million of
equity (exclusive of the Grant) to be us ed for the completion of the Project.
Section 2.3. MIF Grant/Grant. The MIF Grant will be used by the City to make a grant to the
Applicant of not more than $500,000 for building renovations at the Eden Prairie Rosemount Inc.
location. The City’s obligations under this Agreement are expressly contingent on the City’s
receipt of funds from the Grantor Agency in an amount adequate to make the Grant.
ARTICLE 3
MIF Grant Terms and Conditions
Section 3.1. Basic Grant Terms. The amount of the Grant shall not exceed $500,000. The
Grant terms may not be modified without prior written approval from the Grantor Agency. The
Grant shall be used exclusively for building re novations at the Eden Prairie Rosemount Inc.
location.
Section 3.2. Assignment. If, prior to the Termina tion Date, the Applicant sells, conveys,
transfers, further mortgages or encumbers, or disposes of the Development Property, or any part
thereof or interest therein, or enters into an agreement to do any of the foregoing, the Applicant
shall immediately repay the Grant. This shall be in addition to any othe r remedies at law or
equity available to the City.
4
Section 3.3. Termination. This Agreement shall automa tically terminate without any notice to
Applicant: (1) if no Grant Proceeds have been di sbursed to the Applicant prior to September 30,
2012; or (2) if: (a) the A pplicant has not received any disbursement of Grant Proceeds from the
City; and (b) the Applicant fails to pay its debt s as they become due, makes an assignment for
the benefit of its creditors, admits in writing its inability to pay its debts as they become due, files
a petition under any chapter of the Federal Bankruptcy Code or any similar law, state or federal,
now or hereafter existing, become s "insolvent" as that term is generally defined under the
Federal Bankruptcy Code, files an answer admitting insolvency or inability to pay its debts as
they become due in any involuntary bankruptcy case commenced against it, or fails to obtain a
dismissal of such case within sixty (60) days after its commencement or convert the case from
one chapter of the Federal Bankruptcy Code to another chapter, or is the subject of an order for
relief in such bankruptcy case, or is adjudged a bankrupt or insolven t, or has a custodian, trustee,
or receiver appointed for it, or has any court take juri sdiction of its property, or any part thereof,
in any proceeding for the purpose of reorganization, arrangement, dissolution, or liquidation, and
such custodian, trustee, or receiver is not discharged, or such jurisdiction is not relinquished,
vacated, or stayed within sixty (60) days of the appointment.
ARTICLE 4
Default
Section 4.1. Default. The Applicant shall be in default under this Agreement upon the
happening of any one or more of the following events:
(a) the Applicant is in breach in any mate rial respect, of any obligation or agreement
under this Agreement (other than nonpayment of any amount payable on the Grant) and remains
in breach in any material respect for thirty (30) business days after written notice thereof to the
Applicant by the City; provided, however, that if such breach shall reasonably be incapable of
being cured within such thirty (30) business da ys after notice, and if the Applicant commences
and diligently prosecutes the appropriate steps to cure such breach, no default shall exist so long
as the Applicant is proceeding to cure such breach;
(b) if any material covenant, warranty, or representation of the Applicant shall prove
to be untrue in any material respect, provided such covenant, warranty or representation of the
Applicant remains untrue in any material respect for thirty (30) business da ys after written notice
thereof to the Applicant by the City; provided, however, that if su ch untruth shall reasonably be
incapable of being corrected within such thirty (30) business days af ter notice, and if the
Applicant commences and diligently prosecutes the appropriate steps to correct such untruth, no
default shall exist so long as the Applicant is so proceeding to correct such untruth;
5
(c) the Applicant on or after the Initial Di sbursement Date, fails to pay its debts as
they become due, makes an assignment for the benefit of its creditors, admits in writing its
inability to pay its debts as they become due, files a petition under any chapter of the Federal
Bankruptcy Code or any similar law, state or federal, now or hereafter existing, becomes
"insolvent" as that term is ge nerally defined under the Federal Bankruptcy Code, files an answer
admitting insolvency or inability to pay its debts as they become due in any involuntary
bankruptcy case commenced against it, or fails to obtain a dismissal of such case within sixty
(60) days after its commencement or convert the case from one chapter of the Federal
Bankruptcy Code to another chapter, or be the subject of an order for relief in such bankruptcy
case, or be adjudged a bankrupt or insolvent, or ha s a custodian, trustee, or receiver appointed for
it, or has any court take jurisdiction of its propert y, or any part thereof, in any proceeding for the
purpose of reorganization, arrangement, dissolution, or liquidation, a nd such custodian, trustee,
or receiver is not discharged, or such jurisdiction is not relinquished, vacated, or stayed within
sixty (60) days of the appointment;
(d) a final judgment is entered against th e Applicant that the City reasonably deems
will have a material, adverse impact on the Applicant's ability to comply with the Applicant’s
obligations under this Agreement;
(e) the Applicant sells, conveys, transfers, encumbers, or otherwise disposes of all or
any part of the Development Property/Equipment without the prior written approval of the City;
(f) the Applicant merges or consolidates with any other enti ty without the prior
written approval of the City; or
(g) there is a loss, theft, substantial damage , or destruction of all or any part of the
building that is not remedied to the City's satisfaction within sixty (60) business days after
written notice thereof by the City to the Applicant;
(h) the Applicant fails to create 100 new permanent net jobs an d retain 1695 base
permanent jobs by the Compliance Date.
Section 4.2. Remedies Upon Default.
(a) In the event of a default, the City sh all have the right as its option and without
demand or notice, to declare all or any part of the Grant immediately due and payable, and in
addition to the rights and remedies granted hereby, the City shall have all of the rights and
remedies available in law or equity, includi ng the right to seek specific performance.
(b) In the event of default under Section 4.1 (h) above, the Applicant will repay all
grant funds to the City or a proportional share of the grant funds on an accelerated term.
6
ARTICLE 5
Grant Disbursement Provisions
Section 5.1. Payment Requisition Documentation and Format. Grant disbursements shall be for
building renovations at the Eden Prairie Rosemount Inc. facility and sh all not exceed $500,000.
The Grant shall be disbursed to the Applicant only after the City has received from the Applicant
an invoice or invoices for building renovation costs. Upon receipt of such invoice or invoices,
the City will disburse an amount up to a total disbursement of $500,000.
Section 5.2. Provision for Evidentiary Materials. No disbursements of Grant funds shall be
made until all evidentiary materials required by the Grantor Agency have been submitted and
approved by the Grantor Agency. These evidentiary materials shall incl ude, but not necessarily
be limited to, the materials described in Article 6 of this Agreement and the invoices described in
Section 5.1.
Section 5.3. Project Time Frame. The time frame outlined in the Grant Application pertaining to
the Project shall be met by the Applicant.
Section 5.4. Leveraged Funds. The Leveraged Funds de scribed in the Grant Application must
be used for the same purposes and under the same terms, rates, and conditions as specified
therein unless prior written consent is received from the Grantor Agency.
ARTICLE 6
Provision of Evidentiary Material Requirement
Section 6.1. Provision of Evidentiary Materials. In addition to those materials described in
Section 5.2 of this Agreement, th e Applicant shall provide the City with all evidentiary materials
according to the format and timetable cited in the Grant Agreement. The City will forward these
materials to the Grantor Agency and assist in expediting reviews leading to a release of the
Grant.
Section 6.2. Documentation of Use of Funds. The A pplicant must provide the City with
necessary documentation that the Grant and the Leveraged Funds have been used for the items
and purposes stated in the Grant Application prior to submitting the final progress report and
requesting grant closeout from the Grantor Agency.
Section 6.3. Job Creation documentation. The Applican t shall submit to the city a written
report by January 15, 2013 and each year thereafter until the Compliance Date if the Applicant is
not then in breach of Section 7, on forms provi ded by the City. This information shall be
7
provided by the Applicant and must include at a minimum:
(a) the number of New Jobs created and the dates on which each were created and filled;
and
(b) the job title, wages, benefits and hourly value of such benefits for each New Job;
(c) the number of base jobs at the Eden Prairie Rosemount Inc. facility;
(d) the number of base jobs at the Ch anhassen Rosemount Inc. facility.
ARTICLE 7
Business Subsidy Agreement
Section 7.1. Business Subsidy Agreement. The provisions of this Section constitute the
“business subsidy agreement” for purposes of the Minnesota Business Subsidy Act (Minnesota
Statutes Sections 116J.993-995 and its successor statute.)
(a) The Applicant acknowledges and agrees that the provisions of Minnesota’s
Business Subsidy Act apply to this Agreement, as Applicant is receiving under the terms
of this Agreement government assistance.
(1) The subsidy provided to the A pplicant includes the $500,000 Grant made
hereunder which will be used for building renovations at the Eden Prairie
Rosemount Inc. facility.
(2) The public purposes and goals of the subsidy are to increase net jobs in the
City.
(3) The goals for the subsi dy are to create jobs that pay a livable wage, per
Section 7.1(b) of this Agreement.
(4) If the goals set forth in Sect ion 7.1(b) of this Agreement are not satisfied,
the Applicant shall make payment to the City as required in Section 4.2 (b).
(5) The subsidy is needed to improve economic viability of expanding this
Minnesota location as compared to other international options.
(6) The Applicant must continue operations in the jurisdiction for at least five
years following the Benefit Date.
(7) The Applicant does have a parent corporation.
Name Emerson Electric Co.
Address 8000 W. Florissant Avenue
St. Louis, MO 63136
(8) In addition to the assistance provided under this Agreement, The
Applicant has received or expects to receive as part of this project, the following
financial assistance from other “grantors” as defined in the Business Subsidy Act:
NONE.
8
(b) By no later than twenty-f our (24) months after the Be nefit Date (the “Compliance
Date”) and continuing through at least the Complia nce Date, the Applicant shall create at least
one hundred (100) new permanent, full-time equiva lent jobs (the "New Jobs"), excluding the
1695 combined permanent jobs previously exis ting at the Eden Prairie facility and the
Chanhassen facility as of April 22, 2011, which must also be maintained from the date of this
Agreement through at least the Compliance Date. The New Jobs must pay a wage of at least
$13.00 per hour, exclusive of benefits. If Rosemount Inc. fails to meet the job creation goal and
wage level by twenty-four (24) months after the Benefit Date (the Compliance Date) and fails to
maintain base jobs, the Grantee will be required to return all, or a proportional share of the Grant
as determined by Grantor.
Section 7.2 Reporting. The Applic ant shall provide to the City information regarding job and
wage goals and results for two years after the Benefit Date or until the goals are met, whichever
is later. This reporting requirement will expire if the goals set forth in 7.2(a) below are met by
the Compliance Date. If the goals are not me t, the Applicant must continue to provide
information on the grant until the grant is repaid. If the report is not submitted by March 15, the
City shall mail the Applicant a Notice stating that the report has not been submitted. If, after 14
days of the postmarked date of the Notice, the Applicant fails to file the report, the Applicant
shall pay to the City a penalty of $100 starting on the 15 th day after the postmarked date of the
Notice until the report is filed. Th e maximum penalty shall not exceed $1,000.
(a) The following information shall be provided by Applicant in its Reporting
Documentation.
(1) The type, public purpose, and amount of the subsidy;
(2) The hourly wage of each job created with separate bands of wages;
(3) The sum of the hourly wages and cost of benefits;
(4) The date the job and wage goals will be reached.
(5) A statement of goals identified in the subsidy agreement and an update
on achievement of those goals;
(6) The location of the recipient prior to receiving the business subsidy;
(7) If the recipient was previously located in another site in Minnesota, the reason
that the project was completed on this site;
(8) If the company has a parent corporation, the name and address;
(9) A list of all financial assistance by all grantors for the project; an
(10) Other information the City may request.
9
ARTICLE 8
First Source Employment Agreement
First Source Employment Referral Agreement. Minnesota Statut es Section 116L.66 as the same
may be amended is incorporated herein and is a part of this Agreement as though wholly set
forth herein and the Applicant shall comply with such provision through the term of this
Agreement. The Applicant shal l list any vacant or new positions with the local Workforce
Development Center.
ARTICLE 9
Provision of Monitoring Informat ion Related To Project Progress
Section 9.1. Provision of Progress Information. The Applicant shall provide to the City
information for incorporation into progress reports, as required by the Grantor Agency and as
needed by the City, to monitor project implem entation for compliance with Grantor and local
guidelines. This information must be provided no later than January 10 of each year until the
Grantor administratively closes the grant file.
ARTICLE 10
Nondiscrimination
Section 10.1. Nondiscrimination. The provisions of Minnesota Statutes, Section 181.59 as the
same may be amended are incorporated herein are a part of this Agreement as though wholly set
forth herein and the Applicant shall comply with each such provision throughout the term of this
Agreement.
ARTICLE 11
Applicant's Acknowledgments Representation, and Warranties
Section 11.1. Acknowledgments. (a) The Applicant ackn owledges that the City, in order to
obtain funds for part of the City's activities in connection with the Project, has applied for the
MIF Grant to the Grantor Agency under the Minnesota Investment Fund Program, Business and
Community Development Division, and that the City has entered into the Grant Agreement with
the Grantor Agency, setting forth the terms, conditions, and requirements of the MIF Grant. The
Applicant further acknowledges that it has made certain representations and statements in the
Grant Application concerning its activities relating to the Project, that the Applicant is designated
and identified under the Grant Agreement and that City has relied upon the representations and
statement in the Grant Application in entering into the Grant Agreement and this Agreement. .
(b) A copy of the Grant Agreement shall be on file in the offices of the City. In the
10
event any provision of this Agreement relating to the Applicant's obligations hereunder is
inconsistent with the provisions of the Grant Agreement relating to the Applicant's activities
there under, the provisions of the Grant Agreement shall prevail.
(c) The Applicant acknowledges that nothi ng contained in the Grant Agreement or
this Agreement, nor any act of the Grantor Agency or the City, shall be deemed or construed to
create between the Grantor Agency and the Applicant except as Applicant and lender between
the City and the Applicant) a ny relationship, including but not limited to that of third-party
beneficiary, principal and agent, limited or general partnership, or joint venture.
Section 11.2. Representations and Warranties. The Applicant warrants and represents, in
connection with the MIF Grant and for the benef it of the Grantor Agency and the City, that:
(a) Representations, statements, and other matters provided by the Applicant relating
to those activities of the Project to be complete d by the Applicant, which were contained in the
Grant Application, were true and complete in all material respects as of the date of submission to
the City and that such representations, statements, and other matters are true as of the date of this
Agreement and that there are no adverse material changes in the financial condition of the
Applicant's business.
(b) To the best of the Applicant's knowle dge, no member, officer, or employee of the
City, or its officers, employees, designees, or agents, no consultant, member of the governing
body of the City, and no other public official of the City, who exercise s or has exercised any
functions or responsibilities with respect to the Project during hi s or her tenure shall have any
interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be
performed in connection with the Project or in any activity, or be nefit there from, which is part
of the Project.
(c) The Applicant acknowledges that the Gr antor Agency, in selecting the City as
recipient of the Grant, relied in material part upon the assured completion of the Project to be
carried out by the Applicant, and the Applicant warrants that said Project will be carried out as
promised.
(d) The Applicant warrants that to the best of its knowledge, it has obtained all
federal, state, and local governmental approvals, reviews, and permits required by law to be
obtained in connection with the Project (except for local gove rnmental land use and building
approvals) and has undertaken and completed all actions necessary for it to lawfully execute this
Agreement as binding upon it.
(e) The Applicant warrants that it shall k eep and maintain books, records, and other
documents relating directly to the Leveraged Funds, and that any duly authorized representative
11
of the Grantor Agency shall, at all reasonable times, have access to and the right to inspect, copy,
audit, and examine all such books, records, and other documents of the Applicant until such time
that the City and the Grantor Agency have both determined that all issues, requirements, and
close-out procedures relating to or arising out of the MIF Grant have been settled and completed.
(f) The Applicant warrants that no transfer of any or all of the Grant Proceeds by the
City to the Applicant shall be or be deemed an assignment of Grant Proceeds, and the Applicant
shall neither succeed to any rights, benefits, or advantages of the City under the Grant
Agreement, nor attain any right, privileges, authorities, or interest in or under the Grant
Agreement.
(g) The Applicant warrants that it has fully complied with all applicable local, state,
and federal laws pertaining to its business and will continue such compliance throughout the
terms of this Agreement. If at any time noti ce of noncompliance is received by the Applicant,
the Applicant agrees to take any necessary action to comply with the local, state, or federal law
in question.
ARTICLE 12
Other Special Conditions
Section 12.1. Antitrust. The Applicant hereby assigns to the State of Minnesota any and all
claims for overcharges as to goods and services provided in connection with this Agreement
resulting from antitrust violations that arise under the antitrust laws of the United States or the
antitrust laws of the State.
Section 12.2. Workers Compensation Insurance. The Applicant has obtained workers
compensation insurance as required by Minne sota Statutes, Section 176.181, Subd. 2. The
Applicant's workers compensation insurance information is as follows:
(a) Company Name: authorized for self-i nsurance, Berkley Risk Administrators Co.
(b) Policy Number: Renewal license #W-1167
(c) Local Agent: Robert Dahl
Section 12.3. Business with the State of Minnesota/State Tax Laws. The Applicant is required
by Minnesota Law to provide its Minnesota tax identification number if it does business with the
State of Minnesota. This information may be us ed in the enforcement of Federal and State tax
laws. Supplying these numbers could result in an action to require the App licant to file State tax
12
returns and pay delinquent State tax liabilities. This Agreement will not be approved unless
these numbers are provided. These numbers will be available to Fe deral and State tax authorities
and State personnel involved in the payment of State obligations.
Minnesota Tax ID: #8915542
Federal Employer ID: #41-0766812
Section 12.4. Grant Closeout. The Applicant shall, pr ior to grant closeout from the Grantor
Agency, provide the City with all documentation necessary to demonstrate that the Grant has
been used for the items and purposes set forth in the Grant Application.
Section 12.5. Review of Documents. The Applicant shal l not be entitled to any disbursement of
Grant Proceeds until the City's legal counsel and the Grantor Agency have reviewed and
approved this Agreement and the exhibits attached hereto.
Section 12.6. Effect on Other Agreements. Nothing in this Agreement shall be construed to
modify any term of any other agreement to which the City and the Applicant are parties.
Section 12.7. Indemnification Covenants. Except for any breach of the representations and
warranties of the City or the negligence or other wrongful act or omission of the following
named parties, the Applicant agrees to protect and defend the City and the governing body
members, officers, agents, servants, and employees thereof, now and forever, and further agrees
to hold the aforesaid harmless from any claim, demand, suit, action, or other proceeding
whatsoever by any person or entity whatsoever arising or purportedly arising from the
acquisition, construction, in stallation, ownership, maintenance, and operation of the Eden Prairie
facility and the Applicant's activ ities on the Development Property.
Section 12.8. Modifications. This Agreement may be modified solely through written
amendments hereto executed by the Applicant and the City and approved by the Grantor
Agency.
Section 12.9. Notices and Demands. Any notice, demand, or other communication under this
Agreement by either party to the other shall be sufficiently given or delivered only if it is
dispatched by registered or certified mail, postage prepaid, return receipt requeste d, or delivered
personally:
(a) as to the City: City of Eden Prairie
ATTN: City Clerk
8080 Mitchell Road
13
Eden Prairie, MN 55344
(b) as to the Applicant: Rosemount Inc.
ATTN: Brian Harstad
8200 Market Blvd.
Chanhassen, MN 55317
or at such other address with respect to any party as that party may, from time to time, designate
in writing and forward to the others as provided in this Section 10.9.
Section 12.10. Conflict of Interests; Representatives Not Individually Liable . No officer or
employee of the City may acquire any financial intere st, direct or indirect, in this Agreement, or
in any contract related to the Rosemount Inc. project. No officer, agent, or employee of the City
shall be personally liable to the Applicant or any successor in interest in the event of any default
or breach by the City or for any amount that may become due to the Applicant or on any
obligation or term of this Agreement.
Section 12.11. Binding Effect. The covenants and agreements in this Agreement shall bind and
benefit the heirs, executors, administrators, successors, and assigns of the parties to this
Agreement.
Section 12.12. Titles of Articles and Sections. Any titl es of the several parts, Articles, and
Sections of this Agreement are inserted only for convenience of reference and shall be
disregarded in construing or interpreting any of its provisions.
Section 12.13. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute one and the same instrument.
Section 12.14. Choice of Law and Venue. This Agreem ent shall be governed by and construed
in accordance with the laws of the state of Minnesota without regard to its conflict of laws
provisions. Any disputes, controversies, or claims arising out of this Agreement shall be venue
in District Court for Hennepin County Minnesota or the Federal District Courts for the State of
Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these
courts, whether based on convenience or otherwise.
Section 12.15. Waiver. The failure or delay of any party to take any action or assert any right or
remedy, or the partial exercise by any party of any right or remedy shall not be deemed to be a
waiver of such action, right, or remedy if the circumstances creating such action, right, or
remedy continue or repeat.
14
Section 12.16. Entire Agreement. This Agreement, w ith the exhibits hereto, constitutes the
entire agreement between the parties pertaining to its subject matter and it supersedes all prior
contemporaneous agreements, representations, and understandings of the parties pertaining to the
subject matter of this Agreement.
Section 12.16. Separability. Wherever possible, each provision of this Agreement and each
related document shall be interpreted so that it is valid under applicable law. If any provision of
this Agreement or any related document is to any extent found invalid by a court or other
governmental entity of competent jurisdiction, that pr ovision shall be ineffective only to the
extent of such invalidity, wit hout invalidating the remainder of such provision or the remaining
provisions of this Agreement or any other related document.
Section 12.18. Immunity. Nothing in this Agreement sha ll be construed as a waiver by the City
of any immunities, defenses, or other limitations on liability to which the City is entitled by law,
including but not limited to the maximum monetary limits on liability established by Minnesota
Statutes, Chapter 466.
[Remainder of page in tentionally blank]
15
IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in
its name and behalf and the Applicant has caused this Agreement to be duly executed in its name
and behalf as of the date first above written.
CITY OF EDEN PRAIRIE
By _________________________
Its _________________________
By _________________________
Its _________________________
ROSEMOUNT INC.
By _________________________
Its _________________________
By _________________________
Its _________________________
16
EXHIBIT I
Legal Description of Development Property
The property being renovated is located at:
12001 Technology Drive
Eden Prairie, Minnesota 55344
This property has the Hennepin County property ID of:
Number 14-116-22 21 0008
This property is located within:
Section 14, Township 116, Range 22, Hennepin County, Minnesota
17
EXHIBIT II
Summary of Planned Building Renovations
Existing Condition of the Eden Prai rie Facility at 12001 Technology Drive
The Emerson/Rosemount facility located in Eden Prairie, Minnesota, owned by Rosemount since
its inception, was constructed in six phases, completed in the following years: 1964, 1967, 1970,
1973, 1982 and 1991. The facility is two-stories and totals 277,000 square feet. The first four
phases collectively, when viewed from outside, have the form of a single rectangular building;
proposed renovation is confined to these first four phases. Fo llowing are the primary negative
aspects of the facility:
The exterior appearance and th e stucco/aggregate wall finish applied to the upper level is
very dated and in poor condition. Brick and mort ar joints on the lower level of the building
are deteriorating. The exteri or wall is not insulated.
Windows are small and in poor condition. The por tion of glass in the exterior wall is much
less than a typical office building.
Office space is sub-standard in terms of ligh ting, quality of finishes , and access to daylight.
The HVAC supply air handling units are orig inal, in poor condition, and well beyond the
expected service life.
Objectives for Renovation and Propos ed Scope of Construction Work
Emerson/Rosemount intends to utilize the Eden Prairie facility for the next 15 to 20 years and, as
such, will realize significant value from needed replacement of old equipment and finishes and
sensible upgrade of the facility. Objec tives for renovation and the proposed scope of
construction work are as follows:
Improve the appearance and energy performance of the building by replacing the exterior
wall finish with an insulated, durable finish system.
Improve the appearance and energy performa nce of the building, and introduce much
more daylight into the building by enlarging window openings to the extent allowed by
existing structural constr aints and installing new high-performance windows.
Create needed, attractive office space by remodeling areas of the upper and lower level
for office functions (approximately 175,000 square feet), providing finishes of quality per
Emerson standards. Locate open office areas on the perimeter to allow maximum access
to daylight.
Improve occupant comfort, air quality, and energy efficiency by replacing HVAC supply
air handling units, temperature controls, and air distribution system.
18
Objectives for Relocation of the Metal Sensor Manufacturing (MSM) Capacity
As part of the renovation and upgrade to the Eden Prairie facility, Emerson/Rosemount will
relocate a portion of the metal sensor manufacturing (MSM) line fr om the Chanhassen facility to
the Eden Prairie facility. This project supports the overall manu facturing risk mitigation strategy
to reduce single-site manufacturing exposure, an d supports overall capacity expansion to meet
growth requirements.
Emerson has identified space on the Lower Level of the Eden Prairie facility north of the
Shipping/Receiving area. The area identified totals approxi mately 22,425 square feet and
is divided by corridors and load-bearing walls.
Nearly all of the required manufacturing e quipment will be relocated from Chanhassen,
except in the case of a few old pieces whic h will be replaced with new and improved
equipment.
Emerson will have the ability to double MSM capacity at both the Chanhassen and Eden
Prairie facilities in the future.
The main steps in the manufacturing process are Glassing, Grinding, Vapor Deposit and
Welding.
Cleanliness is critical to the manufacturing process, such as vapor deposit. Some
machines are isolated in enclosures either to protect the process from contaminants or to
contain contaminants created by the process.
The central utilities required by MSM are de ionized water, nitrogen, compressed oil-free
dry air, shop air, housekeeping vacuum, domestic cold water, process cooling water,
exhaust air, make-up/supply air, normal and emergency electrical pow er. Most all of
these utilities exist at Eden Prairie, but cap acity will be augmented or replaced to support
the MSM process.
The quality of the work environment at the Chanhassen facility is excellent. Emerson
desires to create a work environment of similar quality at the Eden Prairie facility to the
extent feasible.
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
February 21, 2012
DEPARTMENT/DIVISION:
Community Development/
Planning
Janet Jeremiah/Regina Rojas
ITEM DESCRIPTION:
Republic Compressed Natural Gas Facility
ITEM NO.: IX.B.
Requested Action
Move to:
Close the Public Hearing; and
Adopt the Resolution for Planned Unit De velopment Concept Review on 24.32 acres; and
Approve 1st Reading of the Ordinance for Plan ned Unit Development District Review with
waivers, and Zoning District Amendment within the I-2 Zoning District on 24.32 acres; and
Direct Staff to prepare a Development Agreement incorporating Staff and
Commission recommendations and Council conditions.
Synopsis
The proposed use is for a private compressed natural gas fueling facility for Allied/Republic
trucks. The proposed compressed natural gas dispensers will replace the existing fueling
dispensers. 191 time-fill spaces are proposed. 105 refuse trucks are based at the property. An
increase in fleet is not anticipated.
Background Information
At the Planning Commission meeting residents asked if how close the Williams pipeline was to
the proposed natural gas facility. The pipe li ne was not shown on the development plans. The
next day staff provided a map to the residents showing the location of the pipeline over 2,000
feet away from the proposed natural gas facility.
The 120-Day Review Period Expires on April 24, 2012.
Planning Commission Recommendation
The Planning Commission voted 5-0 to recommend approval of the project at the January 9,
2012 meeting.
Attachments
1. Resolution
2. Staff Report
3. Location Map
4. Pipeline Map
5. Land Use Map
6. Zoning Map
7. Aerial photo
8. Planning Commission Minutes
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2012-___
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF REPUBLIC COMPRESSED NATURAL GAS FACILITY
FOR CLEAN ENERGY
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 January 9, 2012
on Republic Compressed Natural Gas Facility by Clean Energy 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 February 21, 2012.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Republic Compressed Natural Gas Facility, 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 December 27, 2011.
3. That the PUD Concept meets the recommendations of the Planning Commission
January 9, 2012.
ADOPTED by the City Council of the City of Eden Prairie this 21st day of February,
2012.
_________________________
Nancy Tyra-Lukens, Mayor
ATTEST:
_________________________
Kathleen Porta, City Clerk
EXHIBIT A
PUD Concept- REPUBLIC COMPRESSED NATURAL GAS FACILITY
Legal Description:
Those parts of the following described properties:
That part of the Southeast Quarter of the Southwest Quarter of Section 27, Township 116, Range 22,
Hennepin County, Minnesota, which lies southerly of th e southeasterly right of way line of U.S. Highway
No. 169.
And
That part of the Northeast Quarter of the Southeast Quarter of said Section 27 which lies southerly of said
southeasterly right of way line of U.S. Highway 169.
And
That part of the Northwest Quarter of the Southeast Quarter of said Section 27 lying south of the north
3/16 of said Southeast Quarter which lies westerly of a line described as beginning at a point on the south
line of said Northwest Quarter of the Southeast Quarte r distant 676.5 feet east of the southwest corner of
said Northwest Quarter of the Southeast Quarter; th ence northerly to a point on the north line of the
Northeast Quarter of said Section 27 distant 280.50 feet east of the northwest corner of said Northeast
Quarter of Section 27 and said line there terminating.
And
The Southwest Quarter of the Southeast Quarter of said Section 27.
Lying easterly and southerly of a line described as commencing at the Southwest corner of said
Southwest Quarter of Section 27; thence northerly, along the west line of said Southwest Quarter of
Section 27, a distance of 471.1 feet; thence northeasterly deflecting to the right 87 degrees 06 minutes 00
seconds a distance of 508.20 feet; thence northeasterly a distance of 561.80 feet along a tangential curve
concave to the northwest having a radius of 1432.70 feet; thence southeasterly; radial to said curve, a
distance of 60.00 feet; thence northeasterly a distance of 210.00 feet, along a curve concentric with said
curve; thence southeasterly, radial to said curve, a distance of 172.00 feet; thence easterly deflecting to
the left 52 degrees 10 minutes 00 seconds a distance of 347.00 feet to a point hereinafter referred to as
“Point X”; thence southerly deflecting to the right 90 degrees 00 minutes 00 seconds a distance of 240.00
feet to a point hereinafter referred to as “Point Y”; thence westerly deflecting to the right 90 degrees 00
minutes 00 seconds to the west line of said Southeast Quarter of the Southwest Quarter of Section 27,
being the point of beginning of the line to be described; thence Returning, along the last described course,
to said “Point Y”; thence northerly to said “Point X”; thence northwesterly
deflecting to the left 21 degrees 16 minutes 00 seconds a distance of 442.5, more or less, to said
southeasterly right of way line of U.S. Highway No. 169; thence northeasterly, along said southeasterly
right of way line of U.S. Highway No. 169, a distan ce of 944.23 feet to a line hereinafter described as
“Line A”; thence southeasterly, along said “Line A”, to a line hereinafter described as “Line B”; thence
northeasterly, easterly, southeasterly, along said “Line B”, to the south line of said north 3/16 of the
Southeast Quarter of Section 27 and aid line there terminating.
“Line A” is described as commencing at a point on the south line of the Northwest Quarter of the
Southeast Quarter of said Section 27 distant 676.50 feet east of the southwest corner of said Northwest
Quarter of the Southeast Quarter of Section 27; thence northerly a distance of 1537.79 feet, more or less,
along a line which, if extended, would intersect the nor th line of the Northeast Quarter of said Section 27
at a point 280.50 feet east of the northwest corner of said Northeast Quarter
of Section 27, to said centerline of U.S. Highway Number 169 as laid out and traveled; thence South 41
degrees 10 minutes 00 seconds West, assumed bearing, along said centerline of U.S. Highway No. 169 as
laid out and traveled, a distance of 1588.20 feet to the point of beginning said “Line A”; thence South 55
degrees 14 minutes 00 seconds East a distance of 457.41 feet; thence South 64 degrees 25 minutes 00
seconds East a distance of 156.37; thence South 51 degrees 54 minutes 00 seconds East a distance of
582.00 feet; thence North 26 degrees 39 minutes 00 seconds East a distance of 386.06 feet; thence
easterly to the point of commencement and said “Line A” there terminating.
“Line B” is described as commencing at the southeast corner of said Southeast Quarter of the Southwest
Quarter of Section 27; thence South 89 degrees 39 minutes 57 seconds West, assumed bearing, along the
south line of said Southeast Quarter of the Southwest quarter, a distance of 104.56 feet to the point of
beginning of “Line B” to be described; thence North 17 degrees 49 minutes 47 seconds West a distance of
179.81 feet to the hereinafter described “Line C”; thence North 28
degrees 55 minutes 39 seconds East, along said “Line C”, a distance of 110.07 feet to an angle point in
said “Line C”; thence North 61 degrees 04 minutes 21 seconds West, along said “Line C”, a distance of
91.16 feet; thence North 10 degrees 47 minutes 28 seconds West a distance of 70.92 feet; thence North 2
degrees 30 minutes 53 seconds East a distance of 365.59 feet; thence North 24 degrees 38 minutes 16
seconds East a distance of 225.88 feet to the point of beginning of said “Line B”; thence North 32 degrees
27 minutes 49 seconds East a distance of 532.21 feet; thence North 78 degrees 54 minutes 10 seconds
East a distance of 41.35 feet; thence South 54 degrees 39 minutes 30 seconds East a distance of 221.02
feet; thence North 62 degrees 20 minutes 47 seconds East a distance of 29.14 feet; thence North 0 degrees
20 minutes 57 seconds West a distance of 860.92 feet to the south line of said north 3/16 of the Southeast
Quarter of Section of Section 27 and said “Line B” there terminating.
“Line C” is described as commencing at said southeast corner of the Southeast Quarter of the Southwest
Quarter of Section 27; thence South 89 degrees 39 minutes 57 seconds West, along said south line of the
Southeast Quarter of the Southwest Quarter, a distance of 222.13 feet; thence North 0 degrees 20 minutes
03 seconds West a distance of 58.14 feet to the point of beginning of “Line C” to be described; thence
North 28 degrees 55 minute 39 seconds East a distance of 240.00 feet; thence North 61 degrees 04
minutes 21 seconds West a distance of 317.62 feet and said “Line C” there terminating.
And
That part of Section 27, Township 116, Range 22 West of the 5 th Principal Meridian described as follows:
Commencing at A point in the East line of the West 5/8 of the North ½ of the Southeast Quarter distance
495 feet South from the Northeast corner of said West 5/8 of the North ½ of the Southeast Quarter; thence
South to the Southeast corner of said West 5/8 of th e North ½ of the Southeast Quarter; thence West to a
point on the South line of said West 5/8 of the North ½ of the Southeast Quarter 676.50 feet East of the
Southwest corner of said West 5/8 of the North ½ of
the Southeast Quarter; thence Northerly to an inte rsection with a line parallel with and 495 feet South
from the North line of the Southeast Quarter along a line which if extended would intersect the North line
of the Northeast Quarter distance 280.50 feet East from the Northwest corner thereof; thence East to the
point of beginning.
And
The East Three-Quarters (E 3/4) of the South Half (S 1/2) of the Northeast Quarter (NE 1/4) of the
Southeast Quarter (SE 1/4) of Section 27, Townsh ip 116 North, Range 22 West, according to the United
States Government Survey thereof.
And
The Southeast Quarter of the Southeast Quarter of Section 27, Township 116, Range 22.
And
That part of Government Lot 1, Section 34, Township 116, Range 22, Hennepin County, Minnesota, lying
northeasterly of a line drawn from a point on the north line of said Government Lot 1, distance 100.00 feet
westerly of the northeast corner of said Government Lot 1 to a point on the east line of said Government Lot
1, distant 50.00 feet southerly of said northeast
STAFF REPORT
TO: Planning Commission
FROM: Regina Rojas, Planner II
DATE: January 6, 2012
SUBJECT: Republic Compressed Natural Gas Facility
APPLICANT/ Clean Energy/
OWNER: Woodlake Sanitary Service, Inc
LOCATION: 9813 Flying Cloud Drive
120 DAY REVIEW: Expires April 24, 2012
REQUEST: Planned Unit Development Concept Review on 24.32 acres
Planned Unit Development District Review on 24.32 acres
Zoning District Amendment within the I-2 Zoning District on 24.32
acres
Site Plan Review on 24.32 acres
BACKGROUND
The site is zoned General Industrial and guided Industrial. Surrounding zoning is Rural and
Public. Surrounding land is guided Industrial and Airport
The existing site includes two buildings, a truck scale, and existing fueling dispensers. The
proposed use of the property is for a private compressed natural gas fueling facility for
Allied/Republic trucks.
SITE PLAN
The proposed compressed natural gas dispensers will replace the existing fueling dispensers. 191
time-fill spaces are proposed. The plan also shows a 1,850 square foot concrete pad is proposed for
the equipment screened with a 6-foot tall fence. According to the narrative 105 refuse trucks are
based at the property. An increase in fleet is not anticipated.
The fueling facility meets the setback requirements.
GRADING AND DRAINAGE
A concrete pad is proposed for the equipment. No additional grading is planned.
Staff Report – Republic Compressed Natural Gas Fueling Facility
January 6, 2012
Page 2
2
SIGNS
No signs are proposed.
SITE LIGHTING
No additional lighting is proposed.
STAFF RECOMMENDATION
Staff recommends approval of the following:
Planned Unit Development Concept Review on 24.32 acres
Planned Unit Development District Review on 24.32 acres
Zoning District Amendment within the I-2 Zoning District on 24.32 acres
Site Plan Review on 24.32 acres
This approval is based on plans dated December 27, 2011, subject to the recommendations of
this Staff Report, and the following:
1. Prior to grading permit issuance, the proponent shall:
A. Submit detailed storm water runoff, utility and erosion control plans for review by
the City Engineer.
B. Install erosion control at the grading limits of the property for review and approval
by the City Engineer.
2. Prior to building permit issuance for the property, the proponent shall:
A. Submit detailed building plans to the Inspections Department and Fire Marshal for
their review and approval.
SITE AREA
Flying Cloud Drive
QR61
RIVERVIEW RD
OTTER LN
A I R P O RT SERVICE RDHELL
C
A
T
L
N
HOLI
D
A
Y
L
N
CORS
A
I
R
L
N
PHANTOM LN
KING
F
I
S
H
E
R
L
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QUEEN AIR LN
BLAC
K
W
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AVEN
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N FLYING CLOUD DRGrass Lake
¯
Area Location Map -
Republic Compressed Natural Gas Refueling Facility
Address: 9813 Flying Cloud Drive, Eden Prairie, MN 55347
0 500 1,000250 Feet
Flying Cloud Drive
SITE
QR61
QR1
QR1
Grass Lake ¯
Pipeline Location Map - Republic Compressed Natural Gas Refueling FacilityAddress: 9813 Flying Cloud Drive, Eden Prairie, MN 55347
0 1,100 2,200550 Feet
Legend
pipeline
Kiersten Place
Site Area
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
Republic Compressed Natural Gas Refueling Facility
9813 Flying Cloud Drive, Eden Prairie, MN
Legend
Rural Residential 0.10 Units/Acre
Low Density Residential 0-2.5 Units/Acre
Low Density/Public/Open Space
Medium Density residential 2.5-10 Units/Acre
Medium Density Residential/Office
High Density Residential 10-40 Units/Acre
Airport
Office
Office/Industrial
Office/Public/Open Space
Industrial
Neighborhood Commercial
Community Commercial
Regional Commercial
Town Center
Park/Open Space
Public/Quasi-Public
Golf Course
Church/ Cemetary
Open Water
Right-Of-Way
Flying Cloud Drive
City of Eden Prairie Zoning Map
In case of discrepency related to a zoning classification on this zoning map, the Ordinance
and attached legal description on file at Eden Prairie City Center will prevail.
¯
Shoreland Management Classifications
100 - Year Floodplain
Natural Environment Waters
Recreational Development Waters
General Development Waters (Creeks Only)GD
NE
RD
Up dated through approved Ordinances #26-2008
Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition
Date: March 1, 2009
0 0.10.05
Miles
Rural
R1-44 One Family- 44,000 sf. min.
R1-22 One Family-22,000 sf min.
R1-13.5 One Family-13,500 sf min.
R1-9.5 One Family-9,500 sf min.
RM-6.5 Multi-Family-6.7 U.P.A. max.
RM-2.5 Multi-Family-17.4 U.P.A. max.
Office
Neighborhood Commercial
Community Commercial
Highway Commercial
Regional Service Commercial
Regional Commercial
TC-C
TC-R
TC-MU
Industrial Park - 2 Acre Min,
Industrial Park - 5 Acre Min.
General Industrial - 5 Acre Min.
Public
Golf Course
Water
Right of Way
DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctness
of the information contained in this map. It is your responsibility to verify the 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 Republic Compressed Natural Gas Refueling Facility9813 Flying Cloud Drive, Eden Prairie MN
Flying Cloud Drive
SITE AREA
SITE AREA
Flying Cloud Drive
Aerial Map
Republic Compressed Natural Gas Refueling Facility
9813 Flying Cloud Drive, Eden Prairie, MN
¯
APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, JANUARY 9, 2012 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee,
Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis
Wuttke
STAFF MEMBERS: Michael Franzen, City Planner
Randy Newton, Assistant City Engineer
Stu Fox, Manager of Parks and Natural Resources
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE – ROLL CALL
Acting Chair Schultz called the meeting to order at 7:00 p.m. Kirk, Pitzrick and Stoltz
were absent.
II. APPROVAL OF AGENDA
MOTION by Wuttke, seconded by Lechelt, to approve the agenda. Motion carried 5-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON DECEMBER 12, 2011
MOTION by Fyten, seconded by Lee, to approve the minutes. Motion carried
4-0. Schultz abstained.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. REPUBLIC COMPRESSED NATURAL GAS FUELING FACILITY by
Clean Energy. Location: 9813 Flying Cloud Drive.
Request for:
Planned Unit Development Concept Review on 24.32 acres
EDEN PRAIRIE PLANNING COMMISSION MINUTES
January 9, 2012
Page 2
Planned Unit Development Di strict Review on 24.32 acres
Zoning District Amendment within the I-2 Zoning District on 24.32 acres
Sit Plan Review of 24.32 acres
Pam Pullen, Associate Planner with Clean Energy, presented the proposal. She
stated the property is located on Flying Cloud Drive and pointed out that Republic
wants to convert trucks to use compressed natural gas. The trucks would fill at
night and go out in the morning. Ther e are 105 slots, so there would be no
increase in traffic. Ms. Pullen utilized the overhead projector to show illustrations
of the property. She pointed out there is a 6 foot fence surrounding the compound
and the storage vessels are above ground.
Vice Chair Schultz asked Franzen to review th e staff report. Franzen stated this is
a permitted use for this parcel of land and staff recommendation is for approval.
Vice Chair Schultz opened the m eeting up for public input.
Michael Selig, of 10232 Kirsten Place, stat ed this is the closest house to the
facility. He is concerned because there is a petroleum pipeline going by his house
and now he will have this by his house.
Ms. Pullen stated there is extreme monito ring of this facility 24/7, 365 days a
year. She pointed out this is safer than the petroleum fuel. She asked Mr. Selig
what his concern was. Mr. Selig said his concern is having them both so close
together in case of a fire or explosion.
Lechelt asked if these facilities have been installed in other states. Ms. Pullen
stated yes, there are about 10 facil ities, but there are 100 in planning.
Lee asked if there was a special license that is needed to run this facility. Ms.
Pullen stated they get their licenses from the State.
Vice Chair Schultz stated he feels this is the way it looks like the future is going
and is in favor of this project.
Tony Kelleran, of 10172 Kirsten Place, stat ed he would like to know how close
the pipe line is to the fueling station. Ms. Pullen asked Mr. Kelleran if it was the
existing gas line he was referring to. Mr . Kelleran stated that was correct.
Franzen asked Mr. Kelleran if it was the CenterPoint gas line he was referring to.
Mr. Kelleran stated it was the Magellan pipeline. Franzen stated the survey did
not show any underground utilities running through this property. John O’Neil,
who was with the project proponent, concur red by stating they did not show a
pipeline on their property. Franzen stated he verify the location of the pipeline
and get a response back to the residents.
EDEN PRAIRIE PLANNING COMMISSION MINUTES
January 9, 2012
Page 3
MOTION by Fyten, seconded by Lee, to close the public hearing. Motion
carried 5-0.
MOTION by Fyten, seconded by Wuttke, to recommend approval of the Planned
Unit Development Concept Review on 24.32 acres, Planned Unit Development
District Review on 24.32 acres, Zoning Di strict Amendment within the I-2
Zoning District on 24.32 acres and Site Plan Review of 24.32 acres based on
plans stamped dated December 27, 2011 and the staff report dated January 6,
2012. As well as provide due diligence on safety matters. Motion carried 5-0.
VII. PLANNERS’ REPORT
Franzen stated the Ridge of Riley Creek and a new project will be on the agenda for the
January 23 rd Planning Commission meeting.
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 7:37 p.m.
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
February 21, 2012
DEPARTMENT/DIVISION:
Community Development/
Planning
Janet Jeremiah/Regina Rojas
ITEM DESCRIPTION:
The Ridge at Riley Creek 5th Addition
ITEM NO.: IX.C.
Requested Action
Move to:
Close the Public Hearing; and
Adopt the Resolution for Planned Unit De velopment Concept Review on 2.02 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 2.02 acres; and
Adopt the Resolution for Preliminary Plat on 2.02 acres into 5 lots; and
Direct Staff to prepare a Development Agreement incorporating Staff and
Commission recommendations and Council conditions.
Synopsis
The proposal is to plat the 3 existing lots into five single-family lots. The proposed lots meet the
requirements for the R1-13.5 zoning district.
Background Information
The 120-Day Review Period Expires on April 13, 2012
Planning Commission Recommendation
The Planning Commission first reviewed this item on January 9, 2012. The property owner
notification did not get mailed to all affected property owners 10 days in advance of this meeting
and the hearing was continued to the January 23, 2012 meeting. The staff amended the notice
map, ordered new mailing labels from Hennepi n County, and mailed out notices on January 13 th.
The Planning Commission voted 5-0 to recommend approval of the project at the January 23,
2012 meeting.
Attachments
1. Resolution PUD Concept
2. Resolution Preliminary Plat
3. Staff Report 1-6-12
4. Staff Report 1-20-12
5. Location Map
6. Land Use Map
7. Zoning Map
8. Aerial Map
9. Neighborhood notice letter
10. Planning Commission Minutes 1-9-12
11. Planning Commission Minutes 1-23-12
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2012-___
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF THE RIDGE AT RILEY CREEK 5TH ADDITION
FOR JMS CUSTOM HOMES, 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 January 23,
2012, on The Ridge at Riley Creek 5 th Addition by JMS Custom Homes, 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 February 21, 2012.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. The Ridge at Riley Creek 5 th 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 February 9, 2012.
3. That the PUD Concept meets the recommendations of the Planning Commission
January 23, 2012.
ADOPTED by the City Council of the City of Eden Prairie this 21 st day of February,
2012
_______________________
Nancy Tyra-Lukens, Mayor
ATTEST:
_______________________
Kathleen Porta, City Clerk
EXHIBIT A
PUD Concept - THE RIDGE AT RILEY CREEK 5 TH ADDITION
Legal Description:
Lot 11, Block 2 and Lots 5 and 6 Block 3, The Ridge at Riley Creek 2 nd Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2012-___
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF THE RIDGE AT RILEY CREEK 5TH ADDITION FOR JMS CUSTOM HOMES, LLC
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of The Ridge at Riley Creek 5 th Addition for JMS Custom Homes, LLC
stamp dated February 9, 2012, and consisting of 2.02 acres into 5 lots, a copy of which is on file
at the City Hall, is found to be in conforman ce 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 21 st day of February, 2012.
__________________________
Nancy Tyra-Lukens, Mayor
ATTEST:
__________________________
Kathleen Porta, City Clerk
STAFF REPORT
TO: Planning Commission
FROM: Regina Rojas, Planner II
DATE: January 6, 2012
SUBJECT: The Ridge at Riley Creek 5th Addition
APPLICANT/ JMS Custom Homes, LLC
OWNER:
LOCATION: 9567, 9667, and 9687 Sky Lane
120 DAY REVIEW: April 13, 2012
REQUEST: Planned Unit Development Concept Review on 2.02 acres
Planned Unit Development District Review on 2.02 acres
Zoning District Amendment within the R1-13.5 Zoning District on
2.02 acres
Preliminary Plat of 2.02 acres into five lots
BACKGROUND
The Comprehensive Guide Plan shows the properties and adjacent properties as Low Density
Residential for up to 2.5 units per acre. The property is zoned R1-13.5. Surrounding zoning is
R1-13.5 and Rural. There is an existing house and garage located on proposed Lot One, Block
One.
PRELIMINARY PLAT
The proposal is to plat the 3 existing lots into five single-family lots. The proposed lots meet the
requirements for the R1-13.5 zoning district.
GRADING AND TREE LOSS
There are 184 caliper inches of trees are shown on the plan to meet the original requirement for
The Ridge at Riley Creek PUD project.
DRAINAGE AND UTILITIES
Storm sewer and a rear yard catch basin should be extended from Cirrus Way along the east property
line of Lot 2, Block 2 to pick up drainage. Plans should be revised to add a 15 foot drainage and
utility easement to cover the storm sewer prior to City Council. City sewer and water is available
to the properties.
Staff Report – The Ridge at Riley Creek 5th Addition
January 6, 2012
Page 2
FLYING CLOUD AIRPORT
Flying Cloud Airport is located approximately one mile to the east of the property. Noise zones
are based on noise contours determined from forecasted aircraft operations at the airport and are
shown as DNL 60 and DNL 65 contours. All homes are located outside these zones.
Due to 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
proposed airport expansion 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 Council’s Builder Guide.
STAFF RECOMMENDATION
Recommend approval of the following request:
Planned Unit Development Concept Review on 2.02 acres
Planned Unit Development District Review on 2.02 acres
Zoning District Amendment within the R1-13.5 Zoning District on 2.02 acres
Preliminary Plat of 2.02 acres into five lots
This is based on plans stamp dated December 16, 2011 the Staff Report dated January 6, 2012
and the following conditions:
1. Prior to City Council, the proponent shall:
A. Revise plans to add a 15 foot drainage and utility easement to cover the storm sewer on
Lot 2, Block 2.
B. Storm sewer and a rear yard catch basin should be extended from Cirrus Way along the
east property line of Lot 2, Block 2 to pick up drainage.
2. 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.
3. Prior to grading permit issuance, the proponent shall:
A. Notify the City and Watershed District 48 hours in advance of grading.
4. Prior to building permit issuance for the property, the proponent shall:
A. Provide building documentation to the Building Official verifying that the houses will
meet an interior noise reduction to 45 dBA according to the Metropolitan Council’s
Builders Guide.
Staff Report – The Ridge at Riley Creek 5th Addition
January 6, 2012
Page 3
B. Provide a disclosure statement to all first homeowners advising of the propose airport
expansion and associated over flights.
C. Pay the appropriate cash park fee.
STAFF REPORT
TO: Planning Commission
FROM: Regina Rojas, Planner II
DATE: January 20, 2012
SUBJECT: The Ridge at Riley Creek 5th Addition
APPLICANT/ JMS Custom Homes, LLC
OWNER:
LOCATION: 9567, 9667, and 9687 Sky Lane
120 DAY REVIEW: April 13, 2012
REQUEST: Planned Unit Development Concept Review on 2.02 acres
Planned Unit Development District Review on 2.02 acres
Zoning District Amendment within the R1-13.5 Zoning District on
2.02 acres
Preliminary Plat of 2.02 acres into five lots
BACKGROUND
This is a continued item from the January 9, 2012 Planning Commission meeting.
The Comprehensive Guide Plan shows the properties and adjacent properties as Low Density
Residential for up to 2.5 units per acre. The property is zoned R1-13.5. Surrounding zoning is
R1-13.5 and Rural. There is an existing house and garage located on proposed Lot One, Block
One.
PRELIMINARY PLAT
The proposal is to plat the 3 existing lots into five single-family lots. The proposed lots meet the
requirements for the R1-13.5 zoning district.
GRADING AND TREE LOSS
There are 184 caliper inches of trees are shown on the plan to meet the original requirement for
The Ridge at Riley Creek PUD project.
DRAINAGE AND UTILITIES
Storm sewer and a rear yard catch basin should be extended from Cirrus Way along the east property
line of Lot 2, Block 2 to pick up drainage. Plans should be revised to add a 15 foot drainage and
Staff Report – The Ridge at Riley Creek 5th Addition
January 20, 2012
Page 2
utility easement to cover the storm sewer prior to City Council. City sewer and water is available
to the properties.
FLYING CLOUD AIRPORT
Flying Cloud Airport is located approximately one mile to the east of the property. Noise zones
are based on noise contours determined from forecasted aircraft operations at the airport and are
shown as DNL 60 and DNL 65 contours. All homes are located outside these zones.
Due to 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
proposed airport expansion 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 Council’s Builder Guide.
STAFF RECOMMENDATION
Recommend approval of the following request:
Planned Unit Development Concept Review on 2.02 acres
Planned Unit Development District Review on 2.02 acres
Zoning District Amendment within the R1-13.5 Zoning District on 2.02 acres
Preliminary Plat of 2.02 acres into five lots
This is based on plans stamp dated December 16, 2011 the Staff Report dated January 6, 2012
and the following conditions:
1. Prior to City Council, the proponent shall:
A. Revise plans to add a 15 foot drainage and utility easement to cover the storm sewer on
Lot 2, Block 2.
B. Storm sewer and a rear yard catch basin should be extended from Cirrus Way along the
east property line of Lot 2, Block 2 to pick up drainage.
2. 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.
3. Prior to grading permit issuance, the proponent shall:
A. Notify the City and Watershed District 48 hours in advance of grading.
4. Prior to building permit issuance for the property, the proponent shall:
Staff Report – The Ridge at Riley Creek 5th Addition
January 20, 2012
Page 3
A. Provide building documentation to the Building Official verifying that the houses will
meet an interior noise reduction to 45 dBA according to the Metropolitan Council’s
Builders Guide.
B. Provide a disclosure statement to all first homeowners advising of the propose airport
expansion and associated over flights.
C. Pay the appropriate cash park fee.
SITE
Alto Way
Sky Lane
Stratus Court
SITE
Cirrus WaySKY LNCIRRUS WAYCEDARCREST DRSTRATUS CT
ALTO WAY
AC O R N RDG ¯
Area Location Map - Ridge at Riley Creek 5th Addition
Address: 9567, 9667 and 9687 Sky Lane, Eden Prairie, MN 55347
0 350 700175 Feet
SITE
Sky Lane
Stratus Court
Alto Way
Cirrus Way
SITE
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
Ridge at Riley Creek 5th Addition
9567, 9667 and 9687 Sky Lane, Eden Prairie, MN
Legend
Rural Residential 0.10 Units/Acre
Low Density Residential 0-2.5 Units/Acre
Low Density/Public/Open Space
Medium Density residential 2.5-10 Units/Acre
Medium Density Residential/Office
High Density Residential 10-40 Units/Acre
Airport
Office
Office/Industrial
Office/Public/Open Space
Industrial
Neighborhood Commercial
Community Commercial
Regional Commercial
Town Center
Park/Open Space
Public/Quasi-Public
Golf Course
Church/ Cemetary
Open Water
Right-Of-Way
SITE
Sky Lane
Cirrus Way
Alto Way
Stratus Court
SITE
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
Ridge at Riley Creek 5th Addition
9567, 9667 and 9687 Sky Lane, Eden Prairie MN
Cirrus Way
Stratus Court SITE Alto Way
Sky Lane
SITE
Aerial Map
Ridge at Riley Creek 5th Addition
9567, 9667 and 9687 Sky Lane, Eden Prairie, MN
¯
The Ridge at Riley Creek 5 th Addition Public
Hearing was continued to the January 23, 2012
Planning Commission Meeting
Dear Resident,
At the January 9, 2012 meeting, the Planning Commi ssion voted 5-0 to continue discussion of
the Ridge at Riley Creek 5 th addition project to the Janua ry 23, 2012 Planning Commission
meeting.
Public comments will be taken on January 23rd.
Sincerely,
Regina Rojas
Planner II
APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, JANUARY 9, 2012 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee,
Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis
Wuttke
STAFF MEMBERS: Michael Franzen, City Planner
Randy Newton, Assistant City Engineer
Stu Fox, Manager of Parks and Natural Resources
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE – ROLL CALL
Acting Chair Schultz called the meeting to order at 7:00 p.m. Kirk, Pitzrick and Stoltz
were absent.
II. APPROVAL OF AGENDA
MOTION by Wuttke, seconded by Lechelt, to approve the agenda. Motion carried 5-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON DECEMBER 12, 2011
MOTION by Fyten, seconded by Lee, to approve the minutes. Motion carried
4-0. Schultz abstained.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. RIDGE AT RILEY CREEK 5TH ADDITION by JMS Custom Homes.
Location: 9567, 9667, 9687 Sky Lane
Request for:
Planned Unit Development Concept Review on 2.02 acres
Planned Unit Development Di strict Review on 2.02 acres
EDEN PRAIRIE PLANNING COMMISSION MINUTES
January 9, 2012
Page 2
Zoning District Amendment within th e R1-13.5 Zoning District on 2.02 acres
Preliminary Plat of 2.02 acres into five lots
Franzen stated that notice of this hearing was published in the Eden Prairie News
but property owner notification did not get mailed to all affected property owners
10 days in advance of this meeting. The staff recommendation is to continue this
hearing to the January 23 rd meeting.
MOTION by Lechelt, seconded by Wuttke, to recommend a continuance to the
January 23, 2012 meeting. Motion carried 5-0.
VII. PLANNERS’ REPORT
Franzen stated the Ridge of Riley Creek and a new project will be on the agenda for the
January 23 rd Planning Commission meeting.
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 7:37 p.m.
APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, JANUARY 23, 2012 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee,
Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis
Wuttke
STAFF MEMBERS: Michael Franzen, City Planner
Rod Rue, City Engineer
Stu Fox, Manager of Parks and Natural Resources
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE – ROLL CALL
Chair Stoltz called the meeting to order at 7:00 p.m. Fyten, Pitzrick and Schultz were
absent.
II. APPROVAL OF AGENDA
MOTION by Lechelt, seconded by Lee, to approve the agenda. Motion carried 5-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON JANUARY 9, 2012
MOTION by Wuttke, seconded by Lechelt, to approve the minutes. Motion
carried 3-0. Kirk and Stoltz abstained.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. RIDGE AT RILEY CREEK 5TH ADDITION by JMS Custom Homes.
(Continued from January 9, 2012)
Location: 9567, 9667, 9687 Sky Lane
Request for:
Planned Unit Development Concept Review on 2.02 acres
EDEN PRAIRIE PLANNING COMMISSION MINUTES
January 23, 2012
Page 2
Planned Unit Development Di strict Review on 2.02 acres
Zoning District Amendment within th e R1-13.5 Zoning District on 2.02 acres
Preliminary Plat of 2.02 acres into five lots
Franzen stated this project was continued from the last meeting because there was
a map error and not everyone within 500 ft. was notified. The map was revised
and new notices were sent out.
Jeff Schoenwetter, with JMS Custom Homes, presented the proposal. He stated
they have met with neighbors in the surrounding area and have received support
in regards to the project. He stated it was good that it was continued because it
allowed them to have more meetings with the residents. He also stated this is one
of the best neighborhoods in Eden Prairie because the homes hold their own
value. It is a very upscale neighborhood a nd they would like to keep it that way.
He utilized the overhead to illustrate the project. They would like to plat the 3
existing lots into five single-family lo ts. They would not be requesting any
waivers or variances.
Stoltz asked Franzen to review the staff report. Franzen stated this project is
consistent with the guide plans and staff recommendation is for approval.
Stoltz opened the meeting up for public input.
Jude Nystrom, of 16966 Stratus Court, stat ed he is representing the homeowners
at The Woods of Riley Creek. He stated they have met with Jeff and talked about
developments that would be going on. They wanted to know where the east and
west streets would be going and stated there are two streets that just end and
asked if they could be turned into cul-de-sacs. They also talked about the
potential of splitting lots and developing them and he stated the residents would
like a role in this development.
Stoltz asked Franzen to talk about the east and west streets. Franzen pointed out
that Cirrus Way is just an access drive and MAC has no plans to turn it into a
public road. Stoltz made the comment th at there is no plan for improvements for
Alto Way or Cirrus Way. Franzen conc urred that statement was correct.
Lechelt asked Franzen if Cirrus Way should be made more permanent since there
would be a home accessing it. Rue stated it is MAC property and the City is
unsure what they will do with it.
Stoltz made the comment that splitting lots would change the character of the
neighborhood. Franzen stated that the character of the neighborhood is single
family. Adding more houses within and adjacent to the neighborhood will change
the character. As long as the lots can be subdivided in a conforming manner the
city has an obligation to approve it. The size and quality of the homes to be built
will be determined by the market.
EDEN PRAIRIE PLANNING COMMISSION MINUTES
January 23, 2012
Page 3
Lechelt asked what type of homes they plan to build. The project proponent
stated they will be approximately 3,500 – 5,000 sq. ft. and will be consistent with
the neighborhood. He stated they are not requesting any variances and pointed
out The Ridge at Riley Creek would remain a premium neighborhood. The trend
may dictate a slightly smaller home, by a couple hundred square feet, but they
will be of better quality a nd that is what custom building is all about.
Lechelt asked Mr. Nystrom what they would like see. Mr. Nystrom stated Jeff
has done a wonderful job and they want the project to be successful. He
commented they do not want their home values to go down and the homeowners
told Jeff their hopes would be that the lots are not split if at all possible, but they
also know the market will dictate what happens.
Kirk stated he appreciated the neighborhood feedback and feels everything is
consistent with the guide plan and this is a reasonable approach and said he feels
homeowners feel this way too.
Stoltz asked if the plot of land is split into two, would it always stay two or would
they have to come back to change it back to one lot. Franzen stated they would
have to come back to change it back to one lot.
MOTION by Kirk, seconded by Wuttke, to close the public hearing. Motion
carried 5-0.
MOTION by Kirk, seconded by Wuttke, to recommend approval of the Planned
Unit Development Concept Review on 2.02 acres, Planned Unit Development
District Review on 2.02 acres, Zoning Di strict Amendment within the R1-13.5
Zoning District on 2.02 acres and Preliminar y Plat of 2.02 acres into 5 lots based
on plans stamped dated December 16, 2011 and the staff report dated January 20,
2012. Motion carried 5-0.
VII. PLANNERS’ REPORT
Franzen stated for the February 13, 2012 mee ting there will be the continuation of the
Meadows at Riley Creek project.
VIII. MEMBERS’ REPORT
IX. CONTINUING BUSINESS
X. NEW BUSINESS
XI. ADJOURNMENT
MOTION by Lechelt, seconded by Kirk, to adjourn the meeting. Motion carried
EDEN PRAIRIE PLANNING COMMISSION MINUTES
January 23, 2012
Page 4
5-0.
There being no further business, the meeting was adjourned at 8:17 p.m.
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE: February 21, 2012
DEPARTMENT/DIVISION:
Community
Development/Planning
Janet Jeremiah
ITEM DESCRIPTION:
Eden Prairie Office Retail (Appliance
Smart)
ITEM NO.: IX.D.
Requested Action
Move to:
Close the Public Hearing; and
Adopt the Resolution for Planned Unit De velopment Concept Review on 3.84 acres; and
Approve 1st Reading of the Ordinance for Plan ned Unit Development District Review with
waivers, and Zoning District Amendment in the I-2 Zoning District on 3.84 acres; and
Adopt the Resolution for Preliminary Plat on 3.84 acres into 1 lots; and
Direct Staff to prepare a Development Agreement incorporating Staff and
Commission recommendations and Council conditions.
Synopsis
The plan includes a reuse of the existing bui lding to accommodate Appliance Smart and the
construction of a 17,600 square f oot industrial building. There ar e waivers for percentage of
retail, setbacks, and signs.
Background Information
The project will require the following waivers:
Existing Building
Increase in permitted retail from 15% to 48%.
Decrease in required parki ng from 144 to 45 spaces.
Front yard setback from 50 feet to 15 feet.
Side yard setback from 20 feet to 19.8 feet.
Permitting a wall sign not on a street frontage.
Proposed Building
Increase in permitted retail from 15% to 100%.
The waivers for increased retail and less parking is reasonable based on actual parking demand
for Appliance Smart. The building setback waiver s are the result of the expansion of Highway 5.
Moving the sign to from the north to the southeast elevation is reasonable since the sign size
conforms and does not contribute to sign clutter along Highway 5.
Parking for the proposed building as 100% retail is 5/1,000 sf. Th e plan meets this requirement.
The 120-Day Review Period Expires on April 26. 2012.
Planning Commission Recommendation
The Planning Commission first reviewed this project on January 23, 2012 and voted to continue
the hearing until February 13, 2012.
The Planning Commission voted 8-0 to recommend approval of th e project at the February 13,
2012 meeting.
Attachments
1. Resolution- PUD Concept
2. Resolution – Preliminary Plat
3. Staff Report dated 1-20-12
4. Staff Report dated 2-9-12
5. Location Map
6. Guide Plan Map
7. Zoning Map
8. Aerial Map
9. Retail Code Requirements From Other Cities
10. Planning Commission Minutes 1-23-12
11. Planning Commission Unappr oved Minutes 2-13-12
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2012-___
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF EDEN PRAIRIE OFFCIE RETAIL APPLIANCE SMART
FOR FENDLER PATTERSON
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 February 13,
2012, on Eden Prairie Office Retail Appliance Smart by Fendler Patterson 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 February 21, 2012.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Eden Prairie Office Retail Appliance Smart, 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 February 13, 2012.
3. That the PUD Concept meets the recommendations of the Planning Commission
on February 13, 2012.
ADOPTED by the City Council of the City of Eden Prairie this 21st day of February,
2012.
_______________________
Nancy Tyra-Lukens, Mayor
ATTEST:
_______________________
Kathleen Porta, City Clerk
EXHIBIT A
PUD Concept - EDEN PRAIRIE OFFICE RETAIL APPLIANCE
SMART
Existing Legal Description:
Lot 3, Block 4 Edenvale Industrial Park
Lot 4, Block 4 Edenvale Industrial Park
Proposed Legal Description:
Lot 1, Block 1, Eden Prairie Office
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2012-___
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF EDEN PRAIRIE OFFICE RETAIL FOR FENDLER PATTERSON
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Eden Prairie Office Retail for Fendler Patterson stamp dated
February 13, 2012, and consisting of 3.84 acres into 1 lot, a copy of which is on file at the City
Hall, is found to be in conformance with the pr ovisions of the Eden Prairie Zoning and Platting
ordinances, and amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 21st day of February, 2012.
__________________________
Nancy Tyra-Lukens, Mayor
ATTEST:
__________________________
Kathleen Porta, City Clerk
1
STAFF REPORT
TO: Planning Commission
FROM: Michael Franzen City Planner
DATE: January 20, 2010
SUBJECT: Eden Prairie Office Retail, Appliance Smart
OWNER/ KADA Associates LLC
APPLICANT: Fendler Patterson Construction
LOCATION:
120 DAY REVIEW: Expires April 26, 2012
REQUEST: Planned Unit Development Concept Review on 3.84 acres
Planned Unit Development District Review with waivers on 3.84
acres
Zoning District Amendment in the I-2 Industrial Zoning District on
3.84 acres
Site Plan Review on 3.84 acres
Preliminary Plat on 3.84 acres into lot
BACKGROUND
The Comprehensive Guide Plan shows this site as Industrial. Surrounding land uses are
Industrial. The property is zoned I-2. Surrounding land is zoned industrial.
PROPOSED USE OF THE PROPERTY
The plan includes a reuse of the existing building as 20 % office, 32 % warehouse and 48 %
retail. The existing building is 36,193 square feet. The I-2 Zoning District, permits up to 15% of
the gross floor area as retail use or 5,428 square feet. The proposed retail use is Appliance Smart
(17,877 sf).
The plan also includes a 17,600 square foot industrial building. This building conforms to
building setbacks and parking requirements.
RETAIL IN INDUSTRIAL ZONING
Retail use in industrial areas is limited because most retail uses want high visibility, high traffic
volumes, adequate parking, and a location near other retail uses. There are few industrially zoned
sites that meet this criteria.
2
HOW DO OTHER CITIES REGULATE RETAIL USE IN INDSUTRIAL AREAS
Staff looked at seven comparable sized cities. The standards vary. The most restrictive is no
retail and the least restricted is 25 % retail.
PLANNED UNIT DEVELOPMENT WAIVERS
The project will require the following waivers:
Increase in permitted retail from 15% to 48%.
Decrease in required parking from 144 to 45 spaces.
Front yard setback from 50 feet to 15 feet.
Side yard setback from 20 feet to 19.8 feet..
Permitting a wall sign not on a street frontage.
The waivers for increased retail and less parking is reasonable based on actual parking demand
for Appliance Smart. The building setback waivers are the result of the expansion of Highway 5.
Moving the sign to another elevation is reasonable since the sign size conforms and does not
contribute to sign clutter along Highway 5.
ARCHITECTURE
The existing and proposed building conform to the exterior material requirements in the I-2
Zoning District.
GRADING AND DRAINAGE
The plan meets the requirements for ponding and infiltration.
LANDSCAPING AND TREE REPLACEMENT
The city code requires 160 inches of tree replacement and 153 inches landscaping. The plan
meets the replacement and landscaping requirements.
SIGNS
All signs meet the square footage and height requirements for industrial zoning.
STAFF RECOMMENDATION
Recommend approval of the following request:
Planned Unit Development Concept Review on 3.84 acres
Planned Unit Development District Review with waivers on 3.84 acres
Zoning District Amendment in the I-2 Industrial Zoning District on 3.84 acres
3
Site Plan Review on 3.84 acres
Preliminary Plat on 3.84 acres into lot
This approval is based on plans dated January 18, 2012, subject to the recommendations of this
Staff Report, and the following:
1. Prior to grading permit issuance, the proponent shall:
A. Submit detailed storm water runoff, utility and erosion control plans for review by
the City Engineer.
B. Install erosion control at the grading limits of the property for review and
approval by the City Engineer.
2. Prior to building permit issuance for the property, the proponent shall:
A. Submit detailed building plans to the Inspections Department and Fire Marshal
for their review and approval.
3. The following waivers are granted through the PUD for the project:
Increase in permitted retail from 15% to 48.7%.
Decrease in required parking from 144 to 45 spaces.
Front yard setback from 50 feet to 15 feet.
Side yard setback from 20 feet to 19.8 feet.
Permitting a wall sign not on a street frontage.
1
STAFF REPORT
TO: Planning Commission
FROM: Michael Franzen City Planner
DATE: February 9, 2010
SUBJECT: Eden Prairie Office Retail, Appliance Smart
OWNER/ KADA Associates LLC
APPLICANT: Fendler Patterson Construction
LOCATION:
120 DAY REVIEW: Expires April 26, 2012
REQUEST: Planned Unit Development Concept Review on 3.84 acres
Planned Unit Development Distri ct Review with waivers on 3.84
acres
Zoning District Amendment in the I-2 Industrial Zoning District on
3.84 acres
Site Plan Review on 3.84 acres
Preliminary Plat on 3.84 acres into lot
This is a continued item from the January 23, 2012 meeting.
BACKGROUND
The Comprehensive Guide Plan shows this site as Industrial. Su rrounding land uses are
Industrial. The property is zoned I-2. Surrounding land is zoned industrial.
PROPOSED USE OF THE PROPERTY
The plan includes a reuse of the existing building as 20 % office, 32 % warehouse and 48 %
retail. The existing building is 36,193 square feet. The I-2 Zoning District, permits up to 15% of
the gross floor area as retail use or 5,428 square feet. The proposed retail use is Appliance Smart
(17,877 sf).
The plan also includes a 17,600 square foot i ndustrial building. This building conforms to
building setbacks and parking requirements.
2
RETAIL IN INDUSTRIAL ZONING
Retail use in industrial areas is limited because most retail uses want high visibility, high traffic
volumes, adequate parking, and a location near other retail uses. There are few industrially zoned
sites that meet this criteria.
HOW DO OTHER CITIES REGULATE RETAIL USE IN INDSUTRIAL AREAS
Staff looked at seven comparable sized cities. The standards va ry. The most restrictive is no
retail and the least restricted is 25 % retail.
PLANNED UNIT DEVELOPMENT WAIVERS
The project will require the following waivers:
Existing Building
Increase in permitted retail from 15% to 48%.
Decrease in required parki ng from 144 to 45 spaces.
Front yard setback from 50 feet to 15 feet.
Side yard setback from 20 feet to 19.8 feet..
Permitting a wall sign not on a street frontage.
Proposed Building
Increase in permitted retail from 15% to 100%.
The waivers for increased retail and less parking is reasonable based on actual parking demand
for Appliance Smart. The building setback waivers are the result of the expansion of Highway 5.
Moving the sign from the north to the southeast elevation is reasonable since the sign size
conforms and does not contribute to sign clutter along Highway 5.
Parking for the proposed building as 100% retail is 5/1,000 sf. Th e plan meets this requirement.
ARCHITECTURE
The existing and proposed building conform to th e exterior material requirements in the I-2
Zoning District.
GRADING AND DRAINAGE
The plan meets the requiremen ts for ponding and infiltration.
LANDSCAPING AND TREE REPLACEMENT
The city code requires 160 inches of tree repl acement and 153 inches landscaping. The plan
3
meets the replacement and landscaping requirements.
SIGNS
All signs meet the square footage and height requirements for industrial zoning.
STAFF RECOMMENDATION
Recommend approval of the following request:
Planned Unit Development Concept Review on 3.84 acres
Planned Unit Development District Review with waivers on 3.84 acres
Zoning District Amendment in the I-2 Industrial Zoning District on 3.84 acres
Site Plan Review on 3.84 acres
Preliminary Plat on 3.84 acres into lot
This approval is based on plans dated January 18, 2012, subject to the r ecommendations of this
Staff Report, and the following:
1. Prior to grading permit issuance, the proponent shall:
A. Submit detailed storm water runoff, utility and erosion control plans for review by
the City Engineer.
B. Install erosion control at the grading limits of the property for review and
approval by the City Engineer.
2. Prior to building permit issuance for the property, the proponent shall:
A. Submit detailed building plans to the In spections Department and Fire Marshal
for their review and approval.
3. The following waivers are granted through the PUD for the project:
Existing Building
Increase in permitted retail from 15% to 48%.
Decrease in required parki ng from 144 to 45 spaces.
Front yard setback from 50 feet to 15 feet.
Side yard setback from 20 feet to 19.8 feet.
Permitting a wall sign not on a street frontage.
Proposed Building
Increase in permitted retail from 15% to 100%.
£¤212 £¤212
Õÿ5
Õÿ5
QR60
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MARTIN DR
MITCHELL RDTECHNOLOGY
D
R
SCENIC HEIGHTS RDWALLACE RDA N D E R S O N L A K E S P K W YMITCHELL RDFAIR
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LONE OAK RD
VENTURE LN CORPORATE WAYTECHNOLOGY DRCOCHRA N L NCOMMERCE WAYBUCHANAN CTWILSON DRMITCHELL RDMITCHELL RD¯
Area Location Map - Eden Prairie Office Retail
Address: 14675 and 14711 Martin Drive, Eden Prairie, MN 55344
0 740 1,480370 Feet
SITE
Mitchell Road
Martin Drive
")5£¤212 ")5£¤212
MITCHELL RDT E C H N O L O G Y D R
SCENIC HE IG H T S R D
STOCKBRIDGE CIR
WILSONDRCIRCYPRESS L N
V A L L E Y VIEW RDMARTIN DR
WALLACE RDVENTURE LN
HIAWATHA AVEHILLSIDE DRZENITH LNBITTERSWEET DRC A R A M E L TR L
SHERIDAN LNR A Y M O N D LNTAM
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M OONLIGHT LNPENNY HILL RDHEATHER AVEMITCHELL RDMANITOBA RDG
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CIRCOMMERCE WAYAMBERLNST ANDREW D R
TRILLIUM CIR
WINDSONG D R
WINC H E S T E R P L
L
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TECHNOLOGY D R
A N A G R AM DREXECUTIVE DREQ
UITABLE D R
C O C H RAN LNEIDE KNLFAIRW
AY DR DIVINI
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LN PRAIRIE VIEW DRVILLA
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BUCHANAN CTSTELLAR
CORPORATE WAYHIAWATHAOAK DR
RED ROCK RDCANYON RDG BAKER RD0.25 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
Eden Prairie Office Retail
14675 and 14711 Martin Drive, Eden Prairie, MN
Legend
Rural Residential 0.10 Units/Acre
Low Density Residential 0-2.5 Units/Acre
Low Density/Public/Open Space
Medium Density residential 2.5-10 Units/Acre
Medium Density Residential/Office
High Density Residential 10-40 Units/Acre
Airport
Office
Office/Industrial
Office/Public/Open Space
Industrial
Neighborhood Commercial
Community Commercial
Regional Commercial
Town Center
Park/Open Space
Public/Quasi-Public
Golf Course
Church/ Cemetary
Open Water
Right-Of-Way
Mitchell Road
Martin Drive
")5£¤212 ")5£¤212
MITCHELL RDT E C H N O L O G Y D R
SCENIC H E IG H T S R D
STOCKBRIDGE CIR
WILSONDRCIRCYPRESS L N
V A L L E Y VIEW RDMARTIN DR
WALLACE RDVENTURE LN
HIAWATHA AVEHILLSIDE DRZENITH LNBITTERSWEET DRC A R A M E L T R L
SHERIDAN LNTAM
A
R
A
CK TRL
ER W IN C
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M OONLIGHT LNPENNY HILL RDMITCHELL RDG
A
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F
IE
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CIRCOMMERCE WAYAMBERLNST ANDREW D R
TRILLIUM CIR
L
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NE O A K R D
TECHNOLOGY D R
A N A G R AM DREXECUTIVE DREQ
UITABLE DR
CO C H RAN LNFAIRW
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LN
VILLA
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BUCHANAN CTSTELLAR
CORPORATE WAYHIAWATHARED ROCK RDBAKER RDCity 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 0.40.2
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
Eden Prairie Office Retail
14675 and 14711 Martin Drive, Eden Prairie MN
Martin Drive
Mitchell Road
SITE
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£¤212
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MARTIN DR
MITCHELL RDMITCHELL RDLONE OAK RDCOMMERCE WAYCOCHRAN LNCORPORATE WAYMITCHELL RDMITCHELL RD¯
Aerial Map -
Eden Prairie Office Retail
Address: 14675 and 14711 Martin Drive, Eden Prairie, MN 55344
0 420 840210 Feet
SITE
Mitchell Road
Martin Drive
RETAIL CODE REQUIREMENTS
FROM OTHER CITIES
• MINNETONKA
• MAPLE GROVE
• PLYMOUTH
• LAKE VILLE
• EDINA
BU SVILLE
BLOO 11 GTON
• WOODBURY
1. Purpose.
The purpose of the I-1 district is to provide a district for industrial uses in areas so designated in
the comprehensive plan. Development within the district shall be regulated through the
performance standards outlined in section 300.28 of this ordinance to promote sensitive site
design and to mitigate external site impacts.
2. Permitted Uses.
Within the I-1 district no structure or land may be used except for a warehouse, storage,
manufacturing, processing, office, wholesale or research use occurring within an enclosed
building, except as provided for in subdivision 4.
3. Accessory Uses.
Within the I-1 district the following uses are permitted provided they are subordinate to and
associated with a permitted use:
a) living quarters for security personnel, provided they are located within the principal
structure;
b) overnight outside storage of vehicles, provided the vehicles are associated with the business
and are screened from view from residential properties or public views;
c) outside storage, including fuel storage, provided it is screened from general public view;
d) retail or service uses not exceeding 25 percent of the gross floor area of the principal ,.
structure;
e) overhead utility poles and lines for a distribution line, receive-only satellite dish antennas
and other antenna devices up to a maximum height of 60 feet as measured from the ground upon
which it is located subject to the requirements found in section 300.28, subd. 13; except that
utility poles and lines for a distribution line may be taller than 60 feet, but not taller than 80 feet,
when needed to cross a major roadway such as a freeway;
f) evergreen material sales if in compliance with the standards specified in section 300.15;
subd. 13, and the director of planning has given approval; and
g) other uses customarily associated with but subordinate to a permitted use, as determined by
the city.
4. Conditional Uses.
Within the I-1 district no land or structure may be used for the following except by conditional
use permit and in conformance with the standards contained in section 300.21 of this ordinance:
a) heliport;
b) retail, or service uses occupying between 25 and 50 percent of the gross area of the
principal structure;
c) cemeteries;
d) marinas;
e) public buildings or facilities and cabinets larger than 150 cubic feet that hold utility
equipment;
vehicle towing businesses;
auto body repair and painting businesses;
telecommunication facilities as defmed in Section 300.34;
waste transfer facilities;
j) utility poles and appurtenances (such as wires) that are over 60 feet in height and
freestanding upon the ground, and all transmission lines which are not subject to state review
under the Minnesota power plant siting act; or
k) other uses similar to those permitted in this section, as determined by the city.
(Amended by Ord. 2011-19, adopted August 22, 2011)
The manufacturing, compounding, assembly,..packaging, repair, testing, treatment, wholesaling, or storage of .
products, materials or equipment and physical recreation or training facilities (such as but not limited to dance studios and
health clubs), and administrative office facilities, and sexually oriented businesses licensed pursuant to article XIII of chapter
10, and pawnshops licensed pursuant to article VIII of chaoter 10, and essential services, are permitted uses in the I district.
Sec. 36-543. - Accessory uses.
!Retail sales activities may be conducted within the I zoning district under the following conditions:
The retail sales activity is not located in an administrative office facility, but is located within a business,
the principal use of which is not commercial sales.
:The retail sales activity does not occupy more than 15 percent of the gross floor area of the
:occupiedquarters.]
'(3 ),
The retail sales activity is accessory to the principal use.i
No sign identifying the retail sales activity is visible from the outside of the building.]
;Outdoor storage, as regulated by this chapter .,:shall be...permitted as accessory to the principal use on the lot.;
;A dwelling unit for an on-site manager, caretaker, or security personnel which is attached to the principal building of
"a self-storage facility shall be permitted as accessory to the principal use on the lot. The dwelling unit shall be!
:constructed M accordance with the Uniform Building Code and this chapter and shall have the same eXterior:
"materials as the principal building.
Private antennas and towers in compliance with chapter 8, article VIII are permitted as an accessory use.
;Geothermal systems in compliance with section 36-833
;Solar electric and solar thermal systems on a building or in rear yard screened from view in compliance with
:section 36-833
Wind energy conversion systems if under 100 feet in height or attached to a building in compliance with section 364
:833
:Membrane structures constructed and maintained in compliance with Chapter 24 of the Minnesota State Fire Code,"
the Minnesota State Building Code, and the Property Maintenance Code under the following conditions:"
1 1 Y
The constructionanpuse ;of,membrane ;atructures shall be restricted to public entities . for the purpose of
;affording property protection from the elements.'
Each lot is limited to one membrane structure."
A membrane structure shall meet setback requirements consistent with the requirements of this division.'
"(Code 1934, 537596(3); Ord. No. 09-11, § 2, 10-5-2009; Ord No. 10-14, § 2. 10-18-2010
Sec. 36-544. - Conditional uses.!
Conditional uses in the I industrial district are as follows:
;Industrial planned unit developments as regulated by ..article II, division 2 of this chapter.
;Buildings necessary for the operation of essential services.
'(b)'
lc)
(g )
A 3 Y
Solar electric and solar thermal systems in the front yard or side yard, in compliance with section 36-833 1
(4 ):
:ICode 72E4.
Wind energy conversion systems over 100 feet in height and/or more than one pole mounted (not
!attached to building) system:
36(4): Oat No. 03-11, 3 2, 10-5-200;1,
rt_--r two 1
PLYMOUTH ZONING ORDINANCE 21560-1 SECTION 21560 - I-1, LIGHT INDUSTRIAL
DISTRICT
21560.01. PURPOSE: The purpose of the I-1, Light Industrial District is to provide for the
establishment of warehousing and light industrial development. The overall character of the I-1
District is intended to have low impact manufacturing/warehouse character. Industrial uses allowed
in this district shall be limited to those which can compatibly exist adjacent to both lower intensity
business uses and high intensity manufacturing uses and which have limited amounts of truck traffic
in comparison to higher intensity industrial districts. Because I-1 areas may abut residential
neighborhoods, I-1 uses are regulated in height, lot coverage, setbacks, landscaping, loading and use
type, so as to facilitate compatibility between these uses and residential development.
21560.03. PERMITTED USES: The following are permitted uses within the I-1 District:
Subd. 1. Manufacturing or assembly of a wide variety of products that produces no exterior noise,
glare, fumes, obnoxious byproducts or wastes, or creates no other objectionable impact on the
environment. Examples of such uses include fabrication or assembly of small products such as
optical, electronic, pharmaceutical, medical supplies and equipment.
Subd. 2. Accessory retail, accessory rental, or accessory service activities that are completely
enclosed within a principal structure, limited to 10 percent of the gross floor area of its associated
principal use, to a maximum of 5,000 square feet.
Subd. 3. Automobile detailing shops.
Subd. 4. Automobile repair—major.
Subd. 5. Automobile repair—minor.
Subd. 6. Contractor operations.
Subd. 7. Dry cleaning processing plant and accessory pressing and repairing.
Subd. 8. Essential services and structures, except those requiring administrative permits or
conditional use permits pursuant to Section 21160 of this Chapter.
Subd. 9. Governmental and public utility (essential service) buildings and structures, including
public works type facilities.
Subd. 10. Laboratories.
Subd. 11. Machine shops.
Subd. 12. Mini-storage facilities.
Subd. 13. Offices related to other allowed uses, limited to fifty (50) percent of the principal structure.
Subd.. 14. Parks, trails, playgrounds and directly related buildings and structures, City of Plymouth
only.
Subd. 15. Printing presses and publishing facilities.
Subd. 16. Radio and television stations.
Subd. 17. Sexually oriented businesses — accessory or principal (as regulated by Section 21195 of
• this Chapter).
Subd. 18. Stone and tile showrooms.
Subd. 19. Studios — artist and commercial/portrait photography.
SECTION 21565 - 1-2, GENERAL INDUSTRIAL DISTRICT
21565.01. PURPOSE: The purpose of the 1-2, General Industrial District is to provide for the
establishment of warehousing and light industrial development and large volume truck oriented uses.
21565.03. PER1VIITTED USES: The following are permitted uses within the 1-2 District:
Subd. 1. Manufacturing or assembly of a wide variety of products that produces no exterior noise,
glare, fumes, obnoxious byproducts or wastes, or creates no other objectionable impact on the
environment. Examples of such uses include fabrication or assembly of small products such as
optical, electronic, pharmaceutical, medical supplies and equipment.
Subd. 2. Accessory retail, accessory rental, or accessory service activities that are completely
enclosed within a principal structure, limited to 10 percent of the gross floor area of its associated
principal use, to a maximum of 5,000 square feet.
Subd. 3. Automobile detailing shops.
Subd. 4. Automobile repair—major.
Subd. 5. Automobile repair—minor.
Subd. 6. Bakeries, wholesale.
Subd. 7. Contractor operations.
Subd. 8. Distribution centers.
Subd. 9. Dry cleaning processing plant and accessory pressing and repairing.
Subd. 10. Essential services and structures, except those requiring administrative permits or
conditional use permits pursuant to Section 21160 of this Chapter.
Subd. 11. Food processing.
Subd. 12. Governmental and public utility (essential service) buildings and structures, including
public works type facilities.
Subd. 13. Laboratories.
Subd. 14. Machine shops.
Subd. 15. Mini-storage facilities.
Subd. 16. Offices related to other allowed uses, limited to fifty (50) percent of the principal structure.
Subd. 17. Parks, trails, playgrounds and directly related buildings and structures, City of Plymouth .
only.
Subd. 18. Printing presses and publishing facilities.
Subd. 19. Radio and television stations.
Subd. 20. Sexually oriented businesses – accessory or principal (as regulated by Section 21195 of
this Chapter). •
Subd. 21. Stone and tile showrooms.
Subd. 22. Studios – artist and commercial/portrait photography.
Subd. 23. Therapeutic massage, if there are medical, dental or chiropractic offices or clinics as legal
non-conforming uses on the premises.
Subd. 24. Trade schools.
Subd. 25. Truck terminals.
PLYMOUTH ZONING ORDINANCE 21570-1 SECTION 21570 - 1-3, HEAVY INDUSTRIAL
DISTRICT
21570.01. PURPOSE: It is the intent of the 1-3, Heavy Industrial District to provide areas suitable
for the location of general industrial activities, including heavy manufacturing and other such
activities which, because of the nature of the product or character of operation, require isolation from
or special protections for non-industrial uses.
21570.03. APPLICATION OF PERFORMANCE REQUIREMENTS: All uses provided for
under the 1-3 District shall show proof of ability to comply with the performance requirements of this
Chapter prior to issuance of any construction or building permit.
21570.05. PERMITTED USES: The following are permitted uses in the 1-3 District:
Subd. 1. Manufacturing or assembly of a wide variety of products that produces no exterior noise,
glare, fumes, obnoxious byproducts or wastes, or creates no other objectionable impact on the
environment. Examples of such uses include fabrication or assembly of small products such as
optical, electronic, pharmaceutical, medical supplies and equipment.
Subd. 2. Accessory retail, accessory rental, or accessory service activities that are completely
enclosed within a principal structure, limited to 10 percent of the gross floor area of its associated
principal use, to a maximum of 5,000 square feet.
Subd. 3. Automobile detailing shops.
Subd. 4. Automobile repair—major.
Subd. 5. Automobile repair—minor.
Subd. 6. Bakeries, wholesale.
Subd. 7. Contractor operations.
Subd. 8. Distribution centers.
Subd. 9. Dry cleaning processing plant and accessory pressing and repairing.
Subd. 10. Essential services and structures, except those requiring administrative permits or
conditional use permits pursuant to Section 21160 of this Chapter.
Subd. 11. Food processing.
Subd. 12. Governmental and public utility (essential service) buildings and structures, including
public works type facilities.
Subd. 13. Heavy industry.
Subd. 14. Laboratories.
Subd. 15. Machine shops.
Subd. 16. Mini-storage facilities.
Subd. 17. Offices related to other allowed uses, limited to fifty (50) percent of the principal structure.
Subd. 18. Parks, trails, playgrounds and directly related buildings and structures, City of Plymouth
only.
Subd. 19. Printing presses and publishing facilities.
Subd. 20. Radio and television stations.
Industrial - Central Business District
11-85-3: PERMITTED USES:
In addition to other uses specifically identified elsewhere in this title, the following uses are permitted uses in an I-
CBD district
A. Auto repair, minor.
B. Building materials sales.
C. Commercial printing establishments.
D. Compounding, assembly, packaging, treatment, or storage of products and materials except waste.
E. Governmental and public utility buildings and structures; city of Lakeville only.
F. Laboratories, research and development facilities.
G. Manufacturing.
H. Offices, general.
I. Radio and television stations..
J. Trade schools.
K. Warehousing including self-storage facilities.
L. Wholesale businesses. (Ord. 867, sec. 113, 5-17-2010)
Light Industrial District
11-86-3: PERMITTED USES:
In addition to other uses specifically identified elsewhere in this title, the following are permitted uses in an I-1 district:
A. Automobile repair, minor.
B. Building materials sales.
C. Cartage and express facilities.
D. Commercial printing establishments.
E. Compounding, assembly, packaging, treatment, or storage of products and materials except waste.
F. Governmental and public utility buildings and structures; city of Lakeville only.
G. Laboratories, research and development facilities.
H. Manufacturing.
I. Office, general.
J. Outdoor civic events conducted by nonprofit organizations, each such outdoor event being limited to fourteen (14)
days in any calendar year.
K. Radio and television stations.
L. Servicing of motor freight vehicles and heavy construction equipment; directly related accessory materials and
parts sales for such repair and servicing (not including new or used vehicle sales); and accessory materials and
parts warehousing which is related to and dependent upon such uses, provided that:
1. All servicing of vehicles and equipment shall occur entirely within the principal structure;
2. To the extent required by state law and regulations, painting shall be conducted in an approved paint booth, which
thoroughly controls the emission of fumes, dust, or other particulate matter;
3. Storage and use of all flammable materials, including liquids and rags, shall conform with applicable provisions of the
Minnesota uniform fire code;
4. Parking, driveway, and circulation standards and requirements shall be subject to the review and approval of the city
engineer and shall be based upon the specific needs of the operation and shall accommodate large vehicle
equipment and semitrailer/tractor trucks;
5. The storage of damaged vehicles and vehicle parts and accessory equipment must be completely inside a principal or
accessory building; and
6. The sale of products other than those specifically mentioned in this subsection L shall be subject to a separate
conditional use permit and shall be in compliance with section 11-86-7 of this chapter.
M. Sexually oriented uses, principal.
N. Trade schools.
0. Transportation terminals.
P. Warehousing, including self-storage facilities.
Q. Wholesale businesses. (Ord. 867, sec. 114, 5-17-2010)
lupv
Section 850.17 - Planned Industrial District (ND). •
Subd. 1 Principal Uses.
A. All principal uses allowed in the Planned Office District.
B. Manufacturing, compounding, processing, packaging, treatment and assembly of products
and materials.
C. Scientific research, investigation, testing or experimentation.
D. Warehousing of non-perishable products, if the products are owned by or consigned to the
owner of the principal use or its lessee, and further, if the owner or lessee does not establish the
principal use in the capacity of a carrier for the purpose of a freight operation.
E. Businesses that provide a service to the consumer on the consumer's property and not on
the lot occupied by the principal use, including, but not limited to, building contractors,
plumbing contractors, swimming pool construction and service companies and exterminating
offices.
F. Blueprinting, Photostatting arid printing shops.
G. Office equipment showrooms and repair services.
H. Mini-storage warehouses for storage of domestic supplies, recreational vehicles and
equipment and other private property, if the owner of the private property is responsible for
transporting the property to and from the principal use, and further, if the owner of the principal
use does not establish the use as a carrier for the purpose of a freight operation.
I. Animal hospitals, but excluding establishments with outside runs.
J. Currency exchanges as defmed in M.S. 53A.
Subd. 2 Conditional Uses.
A. Religious institutions, including churches, synagogues, chapels, temples and mosques.
Subd. 3 Accessory Uses.
A. Warehousing of products manufactured by the principal use.
B. Offices and administrative facilities ..
C. Shipping and receiving spaces, mailing rooms and order pick-up facilities.
D. Cafeterias, educational facilities, vending services and recreational establishments for
persons employed by the business comprising the principal use.
E. Within buildings having office space comprising not less than 40,000 square feet of gross
floor area, ten percent of the gross floor area may be occupied by retail uses allowed in the
PCD-1 and PCD-2 Districts, if the accessory uses are accessible only from the interior of the
principal building and have no signs or displays relative to it visible from the outside of the
principal building.
F. Temporary retail sales pursuant to a permit issued in accordance with this Subsection
850.17.
G. Off-street parking facilities.
H. Commercial kennels as defmed in Subsection 300.01 of this Code which are accessory to
animals hospitals, but excluding kennels with outside runs.
Subd. 4 Requirements for Building Coverage, Setback and Height.
A. Minimum Tract Area. No tract of land shall be transferred to the Planned Industrial District
unless the tract measures at least ten acres in area or is contiguous to other land in the Planned
Industrial District.
B. Minimum Lot Area. Two acres.
C. Minimum Building Area. Each building shall have a gross floor area of not less than 10,000
square feet.
D. Maximum Building Coverage.
1. Lots of less than three acres: 30 percent.
2. Lots of three acres or more: 45 percent:
a. may be increased to 60 percent if the total gross floor area on the lot is contained within a
single building and all portions of any loading docks and berths are completely enclosed within
the same single building.
E. Maximum FAR: 0.5
1. May be increased to 0.6 for buildings which qualify for 60 percent building coverage as
provided in paragraph D of Subd. 3 of this Subsection 850.17.
F. Setbacks.
Pront Street 1Side Street anterior Side Yard Rear Yard
50'* 150" 20'* 20'*
*or the building height if greater.
G. Maximum Building Height. See Section 850.22, Building Height Overlay District and
Appendix A of the City's Official Zoning Map.
Subd. 5 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply:
A. Increased Front Street and Side Street Setbacks. The minimum setback from a street shall be
increased to 75 feet if the tract is located across the street from property in a residential district
used for residential purposes.
B. Increased Side Yard and Rear Yard Setbacks. The minimum setback from an interior lot line
shall be increased to 100 feet if the lot line adjoins property in a residential district used for
residential purposes.
C. Temporary Retail Sales and Going out of Business Sales Permits.
1. The Manager may grant a permit for a temporary retail sale or going out of business sale, if:
a. the temporary retail sale shall not exceed three consecutive days, and the going out of business
sale shall not exceed ten consecutive days;
b. not more than two temporary retail sale permits may be issued to any one person, firm,
affiliate, subsidiary or building in a calendar year, and further provided that the two permitted
sales must occur at least 60 days apart. Not more than one going out of business sale permit may
be issued to any one person, firm, affiliate or subsidiary in a three-year period; and
c. an application for the permit must be filed with the Planner on forms provided by the Planner
not less than 30 days before the beginning of the sale. The application shall be co-signed by the
owner of the lot or building and accompanied by an application fee as specified in Section 185 of
this Code.
2. The Manager shall not issue a permit without finding that:
a. the sale will not impair the safe movement of traffic in the vicinity and will not impact
surrounding residential areas;
b. adequate facilities for off-street parking are available;
c. all buildings housing the sale have adequate fire protection facilities and ingress and egress for
the public;
d. the sale will not conflict with other scheduled sales in the vicinity;
e. prior sales conducted by the applicant conformed to the requirements of this Section; and
f. adequate personnel for public safety purposes will be provided by the applicant.
3. Additional requirements:
a. all goods shall be displayed and sold within the principal building;
b. no goods may be shipped to the building or lot especially for the temporary retail sale or going
out of business sale; and, if requested, an inventory audit, spot check or verification of goods for
sale shall be given to the Manager within ten days before the sale; and
c. a permit granted and unused may be transferred to another day or days by the Manager upon
written request received by the Manager at least ten days prior to the requested sale.
D. Building Design and Construction. In addition to other restrictions of this Section and of
Section 410 of this Code, the use, construction, alteration or enlargement of any building within
the Planned Industrial District shall meet the following standards:
1. All exterior wall finishes on any building shall be one or a combination of the following
materials:
a. face brick;
b. natural stone;
c. specially designed precast concrete units if the surfaces have been integrally treated with an
applied decorative material or texture;
d. factory fabricated and fmished metal framed panel construction if the panel materials are any
of those noted above; or
e. glass or prefmished metal (other than unpainted galvanized iron).
2. All subsequent additions, exterior alterations and accessory buildings constructed after the
erection of an original building or buildings shall be constructed of materials comparable to those
used in the original construction and shall be designed in a manner conforming to the original
architectural design and general appearance.
E. Restrictions, Controls and Design Standards. Uses which because of the nature of their
operation are accompanied by an excess of noise, vibration, dust, dirt, smoke, odor, noxious
gases, glare or wastes shall not be permitted. These residual features shall be considered as
"excessive" when they either exceed or deviate from the limitations set forth in the following
performance specifications.
1. Noise. Noise shall be measured on any property line of the tract on which the use is located.
Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency,
shrillness or intensity. At the property line, the sound pressure level of noise radiated
continuously from a facility shall not exceed the decibel levels given in the following table. The
sound pressure level shall be measured with a sound level meter and on an associated octave
band analyzer, both of which shall be manufactured according to current specifications
prescribed by the American Standard Association. Measurement shall be made using the flat
network of the sound level meter.
Octave Band Frequency
(Cycles Per Second)
20-75
76-150
151-300
301-600
601-1200
1201-2400
2401-4800
Over 4800
Maximum
Decibel Level
65
60
55
46
40
34
31
28
2. Vibration. No use shall at any time cause earth vibrations perceptible beyond the limits of the
tract on which the use is located.
3. Dust and Dirt. Solid or liquid particles shall not be emitted at any point in concentrafions .
exceeding 0.3 grains per cubic foot of the conveying gas or air. For measurement of the amount
of particles in gases resulting from combustion, standard corrections shall be applied to a stack
temperature of 500 degrees Fahrenheit and 50 percent excess air.
4. Smoke. Measurement shall be at the point of emission. The then most recent Ringleman
Smoke Chart published by the United States Bureau of Mines shall be used for the measurement
of smoke and is hereby adopted and incorporated into this Section by reference and made a part
of this Section. Smoke not darker or more opaque than No. 1 on the chart may be emitted.
However smoke not darker or more opaque than No. 2 on the chart may be emitted for periods
not longer than four minutes in any 30-minute period. These provisions, applicable to visible
grey smoke, shall also apply to visible smoke of a different color but with an equivalent apparent
opacity.
5. Odor. The use shall not, at any time, cause the discharge of toxic, noxious or odorous matter
beyond the confines of the principal building in such concentrations as to be detrimental to or
endanger the public health, welfare, comfort or safety.
6. Glare. Glare, whether directed or reflected, such as from spotlights or high temperature
processes, and as differentiated from general illumination, shall not be visible beyond the limits
of the tract from which it originates.
7. Liquid Wastes. Liquid wastes containing any organic or toxic matter shall be discharged either
into a public sanitary sewer or treated in a manner prescribed by the Health Department. The rate
of liquid waste discharged into the City's sanitary sewerage system shall not exceed 200 gallons
per lot per hour between the hours of 9:00 A.M. and 12:00 noon.
In order to ensure compliance with the performance standards set forth above, the Planner may
require the owner or operator of any use to make, without cost to the City, investigations and
tests as the Planner deems necessary, to show adherence to the performance standards. The
investigations and tests shall be done by an independent testing organization approved by the
Planner.
F. Mini-Storage Warehouse Standards.
1. No doors through which personal property is loaded or unloaded shall be located on a side of a
building which faces a residential district.
2. In addition to the requirements in this subsection for temporary retail sales permits, the
following requirements shall apply:
a. no more than two temporary retail sale permits per principal building, or per lot if there is
more than one principal building on the lot, shall be issued annually in accordance with the
provisions of this paragraph; and
b. the permit shall be applied for only by the owner of the principal building, the intention being
that each lessee within the mini-storage building shall not be eligible individually for a
temporary retail sales permit.
3. Only non-perishable and non-volatile products may be stored.
Special requirements in all Industrial Districts
10-23-3: RETAIL SALES AS PRINCIPAL USE; SPECIAL REQUIREMENTS:
(A) Retail sales approved by conditional use permit as the principal use of a single-tenant building shall have a
minimum sales floor area of ten thousand (10,000) square feet. The minimum sales floor area in a multi-
tenant building shall be five thousand (5,000) square feet per business tenant.
(B) All off street parking and loading shall be provided as required for retail uses in this title. (Ord. 653, 3-3-1997)
1-1 Industrial Park
10-24-2: PERMITTED USES:
Within any 1-1 industrial park district, no structure or land shall be used except for one or more of the following uses:
(Ord. 1132, 8-19-2008)
Automobile upholstery, tire recapping and major repair when conducted entirely within an enclosed building.
Bottling works.
Bus benches, shelters, and transit facilities, provided they comply with title 8 of this code.
Commercial zero lot line development, pursuant to section 10-7-41 of this title.
Conducting a process, fabricating, wholesale operation, assembly, packaging, warehouse, distribution,
manufacturing, treatment or providing a service including, but not limited to, any of the following uses completely
contained within a building, unless otherwise noted, and meeting the performance standards applicable to the 1-1
district:
Batteries (wet cell).
Brick, ceramic, and glass operations.
Computers and accessories including circuit boards and software.
Electronic components and accessories.
Glass cutting and sales.
Measuring, analyzing, and controlling instruments.
Medical technologies/manufacturing.
Metalworking such as stamping, welding, machining, extruding, plating, grinding, polishing and cleaning.
Millworking.
Office and commercial equipment.
Paper products from previously processed paper.
Pharmaceuticals, health and beauty products.
Plastic injection molding.
Secondary value added meat processing (excludes slaughterhouses and rendering plants).
Secondary value added operations for paint, plastic, or rubber (excludes manufacturing of raw materials).
Stonecutting.
Textiles and fabric.
Daycare nursery.
Laundries.
Machine shops.
Ministorage.
Office.
Office-warehouse and multi-tenant office-warehouse facilities subject to the requirements of section 10-7-44 of this
title.
Radio and television studios.
Research laboratories.
Trade or business school.
Warehousing and wholesaling subject to the requirements of section 10-7-44 of this title. (Ord. 1025, 4-17-2006; annd.
Ord. 1132, 8-19-2008; Ord. 1166, 6-2-2009; Ord. 1196,4-6-2010)
10 -24 -3: PERMITTED ACCESSORY USES:
Within the 1-1 industrial park district, the following uses shall be permitted accessory uses:
Antennas mounted on an existing structure, as regulated by chapter 29 of this title.
Incidental accessory uses as permitted by section 10-7-42 of this title.
Off street parking and loading as regulated by this title.
Residential structures and related residential uses necessary for security and safety reasons in relation to a principal
use.
Signs as regulated by chapter 30 of this title.
Single satellite earth station antenna two meters (2 m) or less in diameter and single antenna designed to receive
direct broadcast services or multichannel multipoint distribution services one meter (1 m) or less in diameter and
antennas designed to receive television broadcast signals, as regulated in chapter 29 of this title.
Temporary/seasonal outdoor sales uses, subject to the provisions of section 10-19-2-1 of this title. (Ord. 1196, 4-6-
2010)
1-2 Permitted Uses
10 -25 -2: PERMITTED USES:
Within any 1-2 general industry district, no structure or land shall be used except for one or more of the following uses:
(Ord. 1132, 8-19-2008)
Any use permitted in the l-1 district as regulated therein.
Crude oil, gasoline or other liquid storage tanks.
Manufacturing, compounding, assembly, packaging, treatment or storage of the following products or materials:
brewing, cement, concrete, stonecutting, brick, glass, batteries (wet cell), ceramic products, millworking, metal
polishing and plating, paint (pigment manufacturing), rubber products, plastics,.meatpacking, flour, feed, grain milling,
sawmill, lime, plaster of paris, cloth, adhesives. (Ord. 244, 11-15-1982; amd. Ord. 1132, 8-19-2008)
- bl i(x)"
SEC. 1933. . INDUSTRIAL (1-1, 1-2, AND 1-3) DISTRICTS.
(a)Purpose - to preserve zones primarily for industrial use and to allow business uses in them only when
necessary to or complementary to the industrial neighborhood and when it will not interfere with further
industrial development
(b)Permitted uses -
(1)Reserved.
(2)Manufacturing uses (manufacturing, compounding, processing, packaging, treatment or
assembly of products and materials).
(3)Offices and office buildings.
(4)Public and public utility uses.
(5)Research laboratories.
(6)Wholesale businesses.
(7)Warehousing.
(8)Repairing, rebuilding and painting of vehicles, machinery and equipment in General Industry (I-
3) Districts.
(9)Dry cleaning and laundry processing in General Industrial (1-3) Districts.
(10)Reserved.
(11)Sexually-oriented businesses, subject to Article VIII of this Code.
(c)Permitted accessory uses -
(1)Reserved.
(2)Off-street parking and off-street loading.
(3)Dwelling for watchman (but not for family).
(4)Retail sales, incidental to manufacturing of products manufactured on the premises.
(5)The following in buildings primarily occupied by medical and dental services:
(A)Retail sales of drugs, prescription items, patent medicines, sickroom supplies, prosthetic
devices, or items related to any of the aforementioned; and
(B)Coffee shops and cafeterias.
(6)The following in buildings primarily occupied by offices, business and professional, and within
the principal building of hotels or motels, provided that there shall be no exterior signage:
(A)Barber and beauty shops;
(B)Floral shops;
(C)Camera and optical goods shops;
(D)Men's apparel;
(E)Women's apparel;
(F)Branch post office;
(G)Financial institutions;
(H)Jewelry shops;
(I)Boutiques;
(J)Shops which include and are limited to the sale of tobacco, candy, books, magazines,
newspapers, gifts, cards, stationery, and office supplies;
(K)Pharmacy and sundry items;
(L)Utility collection;
(M)Travel bureaus;
(N)Coffee shops and cafeterias.
(0)Licensed therapeutic massage enterprises.
(7)Car rental accessory to motels provided the cars are stored in the regular motel-site, off-street
parking area without occupying space otherwise required by this Code for motel parking.
(8)Day care facilities which have been approved by the City of Bloomington in buildings primarily
occupied by business and professional offices and manufacturing uses, provided that no
exterior signage for such day care facilities shall be permitted.
(9)Class II motor vehicle sales accessory to Class I motor vehicle sales.
(10)Transient merchant sales in hotel interiors only.
(d)Conditional uses -
(1)Hotel airport parking.
(2)Motels.
(3)Restaurants.
(4)Service stations.
(5)Open storage as primary use (except in 1-1 Industrial Park District, but not including junk yards
or junk car disposal businesses).
(6)Reserved.
(7)Planned developments (industrial).
(8)Reserved.
(9)Reserved.
(10)Pet services facility in General Industry (1-3) Districts.
(11)In Limited Industry (1-2) and General Industry (1-3) Zoning Districts, retail sales of heavy
equipment, including industrial, manufacturing and construction machinery and equipment;
and, in said districts, other retail sales which are a part of warehousing or wholesale
business.
(12)Junk car disposal businesses in General Industry (1-3) Districts, provided the business
including all storage and dismantling or wrecking and display of parts for sale is conducted
within a fire resistant building, provided that the entire premises is enclosed by screen
fencing and provided the premises abut railroad trackage.
(13)Clubs and lodges, nonprofit.
(14)Truck and/or trailer rental in the 1-3 District.
(15)Railroad lines.
(16)Repairing, rebuilding, and painting vehicles, machinery, and equipment when the use is within
a completely enclosed building and when accessory to a permitted principal use in the I-1
and 1-2 districts.
(17)Vocational and industrial training schools.
(18)Physical exercise facilities as uses not to exceed 10 percent (10%) of the total square footage
of the building.
(19)Sports training facilities which may be available for public use.
(20)Solid waste transfer stations in the 1-2 and 1-3 Zoning Districts in accordance with the
performance standards of Section 19.63.04 of this Code.
(21)Reserved.
(22)Self-storage Facilities in the Limited Industry 1-2 and the General Industrial 1-3 Districts, and
only in the Industrial Park I-1 District when approved as part of a planned development
pursuant to Section 19.38.01 of this Code.
(23)Places of assembly uses.
(24)Car Care Centers - Under a planned development in the Industrial Park (1-1) Zoning District;
including auto body repair and painting only when conducted within a multi-tenant building
and not exceeding 25 percent of the gross building floor area of the car care center.
(25)Reserved.
(26)Household hazardous waste and recycling collection facilities in the 1-2 and 1-3 Zoning Districts
in accordance with the performance standards of Section 19.63.04(e) of this Code.
(27)Class 1, Class II and Class III motor vehicle sales in the 1-3 District.
(28)Towers. For related provisions see Sections 15.14, 19.63.05 and 21.301.10 of this Code.
(29)1n the 1-3 General Industry District, automobile rental agencies with an on-site inventory more
than ten (10) but no more than thirty-five (35) rental vehicles, subject to performance
standards set forth in Section 19.63.07.
(30)1n Limited Industry (1-2) and General Industry (1-3) Zoning Districts, retail sales of marine
equipment.
(e)Interim Uses -
(1)Excavation and removal of sand, gravel, black dirt, and other types of soil and mineral products,
gravel crushing and screening operations and bituminous treatment plants not to exceed two
years in duration.
(2)Solid waste weigh stations.
(3)Open storage (excluding junk yards and junk car disposal businesses) as a primary use in the I-
2 and 1-3 Zoning Districts.
(4)Reserved.
(f)Special Industrial Park (IA) District requirements -
(1)Building coverage shall not exceed 30 percent of the site plus for industrial uses one percent for
each acre of site over ten acres up to a maximum of 40 percent coverage. However, a
parking structure or the portion of any structure used for parking shall not be counted as
building floor area or structure coverage for the purpose of calculating building floor area and
percentage of site coverage by structures.
(2)No loading docks may be on any street frontage. Provision for handling all freight, either by
railroad or truck, shall be on those sides of any buildings which do not face on any street or
proposed streets.
(3)No screening shall be permitted to extend beyond the building setback lines.
(4)Exterior Materials. The exterior materials and finish of all buildings erected on lands within
Industrial Park 1-1 Zoning Districts shall be in conformance with the applicable requirements
of Section 19.63.08 of this Code.
(5)Along any street bordering on a residential zone, there may be no driveway access from such
street into adjacent industrial sites unless access is otherwise impracticable. All access to
industrial sites shall be from streets within the industrial park where practicable.
(6)Outside storage shall be limited to an area not larger than fifty percent of the ground coverage of
the principal building and shall be located to the rear or side not abutting a public street.
(7)Reserved.
(8)Structure height shall be regulated pursuant to Section 21.301.10 of this Code.
(9)Notwithstanding any provision of this Code to the contrary, the following shall be prohibited as
permitted or conditional uses within the 1-1 Zoning Districts which lie within that area of the
City bounded by 1-494 on the north, Trunk Highway 77 on the west, and the Minnesota River
on the south and east:
(A)warehouses
(B)office warehouses
(C)restaurants when not included within a hotel or motel
(g)Special Limited Industry 0-2) District requirements -
(1)Exterior Materials. The exterior materials and finish of all buildings erected on lands within
Limited Industry 1-2 Zoning Districts shall be in conformance with the applicable
requirements of Section 19.63.08 of this Code.
(2)Reserved.
(3)Structure height shall be regulated pursuant to Section 21.301.10 of this Code.
(h)Special General Industry (1-3) District requirements -
(1)Exterior Materials. The exterior materials and finish of all buildings erected on lands within
General Industry 1-3 Zoning Districts shall be in conformance with the applicable
requirements of Section 19.63.08 of this Code.
(2)Reserved.
(3)Structure height shall be regulated pursuant to Section 21.301.10 of this Code
ICA .
, or —
woo PORI'
:Section 24-142 — L-1 Light Industrial District
Purpose and scope. This section applies to the 1-1 light industrial district. The purposes of this district are to:
;
Reserve approp riately located areas for industrial land uses and related activities and to provide for the
_ _
establishment of warehousing manufacturing and office development. and are shown on the
;comprehensive plan as "places to work".
(2)
!D-.919qt appropriate for industrial useefrorn intrusion by Inharmonious uses„The oyerall characte6
of the light industrial district is intended to allow industrial development but to assure that it is
;compatible with adjacent land uses, whether they be industrial, commercial or residential.;
Allowed uses in the 1-1, light industrial district are intended to include those industrial uses, which require;
limited outside storage and truck/trailer storage, and to exclude more intensive industrial uses.;
Assure a method of compatibility by imposing approval conditions that will lessen any potential
;detrimental effects of a particular industrial use.;
Establish and maintain higher standards of dite_planning, architecture, and landscape design that will t
"create an environment attractive to the most discriminating industries and research and development
;establishments seeking sites in the metropolitan area.;
Permitted uses. Permitted uses are as follows:
Farm buildings and agricultural uses existing on April 14, 19714
;Laboratories for research and _development:
;Manufacturing, compounding, assembly, packaging, or indoor storage of products and materials.!
;Offices, office/warehouse, office/showroom.,
;public and public utility uses including garages, buildings, and screened storage
;Educational/training centerel,
;Wholesale businesses:
;Warehouses.;
'Commercial printing.
Gymnastics, martial arts, fitness, aerobics, exercise or dance studios or health clubs when located within
; „ ,
ie multi-tenant building:
(c)
Permitted accessory uses. Permitted accessory uses are as follows:!
;Retail uses within office/industrial buildings, providing a supplemental function to the major office and/orj
"industrial use. The commercial use is not to exceed 20 percent of the gross floor area ratio for each,
;tenant occupying space within a building.1
ibderiOr employee break areas.;
Bicycle and transit shelters;
;Combined refuse and screened storage areas not to exceed 5,000 square feet:
lInformation kiosks.:
IStreetscape furniture and theme lighting.!
Cafeterias not open to the general public.!
;Security personnel dwelling unit;
;Security gatedetached
Commercial overnight delivery drop box.'
, _
Emergency power generators.
:Related and supporting activities, which are secondary to technology research, development and testing
li ncluding light manufacturing, assembling, fabricating, storage of materials processed on site and
'distribution or materials processed, manufactured or assembled on the site.
Accessory uses which are customarily incidental and clearly subordinate to permitted and conditional
;uses.
;Ground source heat pump systems in accordance with section 24-404.1
Wind . energy systems on lots,at least one and one-half acres in size up to 45 feet in height in',
accordance with section 24-405:
Solar energy systems in accordance with section 24-406.;
Uses by conditional use permit. The following uses are allowed by a conditional use permit:
Freestanding gymnastics martial arts, fitness, aerobics, exercise or dance studios or health clubs.
Veterinary clinics and animal provided the following criteria are met:
(1)
rirrriliny rnirni cur 11-1L imi-Hirr:d to
;riurrr inyon rrionrini
1(2)
No veterinarian clinic or animal shelter with outdoor kennels or exercise areas
*shall be located within 800 feet of residential property as measured from the
property lines
;Radio and TV studios, sound stages, multi-media and support facilitiesand equipment.
Multi media post production facilities shall be permitted by conditional use permit both within and outside:
of the MUSA line, provided the following criteria are met:
The building,shall be properly constructed to control noise so that no post
'production process is heard off the property.:
The use will not conflict with existing or future ..development of .the adjacent
properties by virtue of traffic, noise, glare, inadequate screening or other nuisance'
!characteristicsi
;Any lodging in the facility_ shay be,exclusiyely„accessory th the post productiori
ani:i shall not be open to the general public.
Open storage areas in excess of 5,000 square feet:
Use of right-of-way for skyways, tunnels, elevated walkways, stairs and the like.;
Park and ride facilities)
,Parking decks or ramps..
parking structures should not count toward building square footage or against percent of
building coverage.;
!Exterior temporary trailer staging areas shall be accessory to the primary use of the property), . _
Trailer staging areas shall not exceed 25 percent of the footprint of the building.
Trailer staging areas shall .be screened in accordance with section 24-2421
:Trailer staging areas shall not be interpreted to mean in front of loading docks)
'Public facilities and public utility substations.;
!Banks or other financial institutions with drive-thru facilities.
:Outdoor storage tanks and equipment for products that are used in conjunction with the primary use.:
Other uses not otherwise identified herein, as a permitted use, an accessory use or a conditional use
may be approved by the city council as a conditional use permit.;
Planned unit development:
Motor vehicle and small engine repair:
!Interim conditional use permit. The following uses are allowed by interim conditional use permit:
Wind energy systems on lots at least one and one-half acres in size up to 75 feet in height in
!accordance with section 24-405::
1Height, setback and area requirements.1
y
'Maximum height: 50 feet.
Minimum front yard: 50 feet.
A •
Minimum side yard: 30 feet.:
(d)
f
From roads classified as collectors or higher 50 feet.
Minimum rear yard: 35 feet.
From roads classified as collectors or higher: 50 feet.
'Minimum lot area: Two and one-half acres:
.A minimum lot width of 200 feet:
Maximum building coverage: 35 percent!,
1_ot depth: The depth of any lot in a subdivision of land shall not exceed three times the lot's width.
The fOilOWing standards apply to industrial properties that are adjacent to residential property:
No buildings shall be located within 110 feet of any side or rear lot line abutting residentially
zoned property. Automobile parking areas and driveways may be permitted in this area in
accordance with sections 24-231 through 24-236 . .
:13.1 , .
,A .507foot area,consisfing otberrne .and landscaping shall beRrovided along any property lina
That abuts or is across the street -from residentially zoned property. Such landscaped yard'
shall be used to meet the screening requirements of sections 24-241 through 24-244.,parkind
and opanstorage pre prohibited in the landscaped yard. Entrance drives may be permitted in -1,
1 h9j.PC!§9.?1?0 Yar07:
ILoading,pNpoirn gm-m9,K,i,ciling_orstorage,areasshall s,be_substantially screened when it
'fabuts oils across the street from residentially zoned property:
i(4.7ins of 5-27-2001. Ord No 1754, 1754.02, 9-22-2004; Ord.. .1825 10, 10-
a.
:(4.)
APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, JANUARY 23, 2012 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee,
Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis
Wuttke
STAFF MEMBERS: Michael Franzen, City Planner
Rod Rue, City Engineer
Stu Fox, Manager of Parks and Natural Resources
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE – ROLL CALL
Chair Stoltz called the meeting to order at 7:00 p.m. Fyten, Pitzrick and Schultz were
absent.
II. APPROVAL OF AGENDA
MOTION by Lechelt, seconded by Lee, to approve the agenda. Motion carried 5-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON JANUARY 9, 2012
MOTION by Wuttke, seconded by Lechelt, to approve the minutes. Motion
carried 3-0. Kirk and Stoltz abstained.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. EDEN PRAIRIE OFFICE RETAIL by Fendler Patterson.
Location: 14675 and 14711 Martin Drive.
Request for:
Planned Unit Development Concept Review on 3.84 acres
Planned Unit Development District Review with waivers on 3.84 acres
EDEN PRAIRIE PLANNING COMMISSION MINUTES
January 23, 2012
Page 2
Zoning District Amendment within the I-2 Zoning District on 3.84 acres
Site Plan Review on 3.84 acres
Preliminary Plat of 3.84 acres into one lot
John Patterson, with Patterson Construction, presented the proposal. He utilized
the overhead projector to illustrate his project. Mr. Patterson stated the plan
includes a reuse of the ex isting building as 20% offi ce, 32% warehouse and 48%
retail. The existing building is 36,193 sq. ft. The proposed retail use will be an
Appliance Smart. It will also include a 17,600 sq. ft. industrial building. The new
facility will have a storefront face and the materials are consistent with the guide
plans.
Stoltz asked Franzen to review the staff report. Franzen stated there are two parts
to this project. The first part is a re -use of an existing building and the second
part is a new building. The appropria te action is to hold the hearing, take
comments, discuss the item and continue discussion to the February 13, 2012
meeting. The Commission should also direct staff to publish the item for the
February 21, 2012 City Council meeting so th at the project can stay on its current
schedule.
Stoltz opened the meeting up for public input.
Lee asked what the current use of the building is.
Robert Grootwassink, of 15832 Mason Point, who is affiliated w ith the project,
stated the building is currently vacant but prior it was Bake Mark.
Lechelt asked Grootwassink if the existing building was going to be for retail.
Mr. Wessing stated he wants to make it an Appliance Smart and an office. The
new building will have 14,000 ft. of retail and 4,000 ft. of warehouse, but it is
unknown what will be in there.
Franzen commented if the new building was 100% retail, it would meet the
requirements for parking.
Lee asked if they move the sign will the other businesses want to move their signs
too. Franzen stated most of them just want a sign on Martin Drive to identify
them and not to advertise it on the other side of the building. The project
proponent wants to advertise off the highway because they will have retail space.
Lechelt asked staff if we are setting precedence for retail in industrial. Franzen
stated typically this would not happen because retailers do not go into an
industrial location; this is an exception.
Stoltz asked Commission Members if they were in favor of this project and they
concurred they were in favor of this project.
EDEN PRAIRIE PLANNING COMMISSION MINUTES
January 23, 2012
Page 3
Mr. Grootwassink commented he would lik e to put a PROP or Goodwill, or
something like that, in the building. Lechelt asked Franzen about tax
implications. Franzen stated it is the va lue is based on the allowable uses of the
property and land.
MOTION by Wuttke, seconded by Lee, to recommend a continuance to the
February 13, 2012 meeting and direct sta ff to publish this for the February 21,
2012 City Council Meeting. Motion carried 4-0, Kirk abstained.
VII. PLANNERS’ REPORT
Franzen stated for the February 13, 2012 mee ting there will be the continuation of the
Meadows at Riley Creek project.
VIII. MEMBERS’ REPORT
IX. CONTINUING BUSINESS
X. NEW BUSINESS
XI. ADJOURNMENT
MOTION by Lechelt, seconded by Kirk, to adjourn the meeting. Motion carried
5-0.
There being no further business, the meeting was adjourned at 8:17 p.m.
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, FEBRUARY 13, 2012 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee,
Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis
Wuttke
STAFF MEMBERS: Michael Franzen, City Planner
Rod Rue, City Engineer
Stu Fox, Manager of Parks and Natural Resources
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE – ROLL CALL
Chair Stoltz called the meeting to order at 7:00 p.m.
II. APPROVAL OF AGENDA
MOTION by Lechelt, seconded by Wuttke, to approve the agenda. Motion carried 8-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON JANUARY 23, 2012
MOTION by Kirk, seconded by Lechelt, to approve the minutes. Motion
carried 5-0. Fyten, Pitzrick and Schultz abstained.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. EDEN PRAIRIE OFFICE RETAIL by Fendler Patterson.
(Continued from January 23, 2012)
Location: 14675 and 14711 Martin Drive.
Request for:
Planned Unit Development Concept Review on 3.84 acres
EDEN PRAIRIE PLANNING COMMISSION MINUTES
February 13, 2012
Page 2
Planned Unit Development District Review with waivers on 3.84 acres
Zoning District Amendment within the I-2 Zoning District on 3.84 acres
Site Plan Review on 3.84 acres
Preliminary Plat of 3.84 acres into one lot
Bob Grootwassink, of 15382 Mason Point, Eden Prairie, presented the proposal.
He stated they plan on turning the wa rehouse into an Appliance Mart and the
building will also include office space. Down the road from this building they
also plan to build an additional industrial building.
Chair Stoltz asked Franzen to review the staff report. Franzen stated the waivers
for increased retail and less parking is reasonable based on the actual parking
demand for Appliance Smart. The building setback waivers are the result of the
expansion of Highway 5. Moving the sign from the north to the southeast
elevation is reasonable since the sign size conforms and does not contribute to
sign clutter along Highway 5. Staff recommendation is for approval based on
page 3 of the staff report.
Chair Stoltz opened the meeting up for public input. There was no input.
MOTION by Schultz, seconded by Wuttke, to close the public hearing. Motion
carried 8-0.
MOTION by Schultz, seconded by Wuttke, to recommend approval of the
Planned Unit Development Concep t Review on 3.84 acres, Planned Unit
Development District Review with waivers on 3.84 acres, Zoning District
Amendment within the I-2 Zoning District on 3.84 acres, Site Plan Review on
3.84 acres and Preliminary Plat of 3.84 acres into one lot based on plans stamped
dated January 18, 2012 and the staff report dated February 10, 2012. Motion
carried 8-0.
VII. PLANNERS’ REPORT
Franzen stated there will be two public hearings at the February 27, 2012 Planning
Commission Meeting.
VIII. MEMBERS’ REPORT
IX. CONTINUING BUSINESS
Wuttke asked for an update of activities related to light rail. Franzen stated the project
will be moving in to the preliminary engineering phases this summer, once the design
team has been selected and the contract awarded. He added the City will be asked to give
municipal consent on the alignment, station, and parking, during the 1 st quarter of 2013.
Schultz asked who would the main contact from Eden Prairie if there were questions
EDEN PRAIRIE PLANNING COMMISSION MINUTES
February 13, 2012
Page 3
regarding the LRT. Franzen stated for now, any questions can be se nt to the Planning
Department.
X. NEW BUSINESS
XI. ADJOURNMENT
MOTION by Schultz, seconded by Fyten, to adjourn the meeting. Motion carried
8-0.
There being no further business, the meeting was adjourned at 7:21 p.m.
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE:
February 21, 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 215775 – 216604
Wire Transfers 1000125 - 1000307
Wire Transfers 4377 – 4408
4395 December Purchasing Card
City of Eden Prairie
Council Check Summary
2/21/2012
Division Amount Division Amount
General 314,335 315 Economic Development 11,520
100 City Manager 5,553 502 Park Development 13,978
101 Legislative 36,393 506 Improvment Bonds 1996 1,913
102 Legal Counsel 34,449 509 CIP Fund 61,618
110 City Clerk 483 520 Parks Referendum 797
111 Customer Service 13,537 521 Trails Referendum 326
112 Human Resources 474 522 Improvement Projects 2006 15,685
113 Communications 13,916 Total Capital Project Funds 105,838
114 Benefits & Training 39,730
130 Assessing 494 601 Prairie Village Liquor 278,428
131 Finance 180 602 Den Road Liquor 498,897
132 Housing and Community Services 37,037 603 Prairie View Liquor 330,209
133 Planning 11,955 605 Den Road Building 108,391
136 Public Safety Communications 14,281 701 Water Fund 239,479
137 Economic Development 223 702 Sewer Fund 340,861
138 Community Development Admin. 1,300 703 Storm Drainage Fund 48,029
150 Park Administration 3,110 Total Enterprise Funds 1,844,294
151 Park Maintenance 25,003
152 Parks Capital Outlay 8,290 316 WAFTA 927
153 Organized Athletics 11,603 803 Escrow Fund 18,755
154 Community Center 57,072 806 SAC Agency Fund 2,365
156 Youth Programs 7,998 807 Benefits Fund 1,320,645
157 Special Events 350 809 Investment Fund 7,750
158 Senior Center 4,706 812 Fleet Internal Service 110,944
159 Recreation Administration 269 813 IT Internal Service 82,728
160 Therapeutic Recreation 551 814 Facilities Capital ISF 22,328
161 Oak Point Pool 1,755 815 Facilites Operating ISF 62,122
162 Arts 3,648 816 Facilites City Center ISF 143,461
163 Outdoor Center 1,391 817 Facilites Comm. Center ISF 121,010
166 CC-Therapeutic Recreation 25 Total Internal Service Funds 1,893,035
167 CC-Youth Programs 2,015
168 Arts Center 2,843 Report Total $7,676,849
180 Police 71,640
183 Emergency Preparedness 8,614
184 Fire 936,861
186 Inspections 2,212
200 Engineering 1,332
201 Street Maintenance 93,391
202 Street Lighting 70,750
Total General Funds 1,839,768
301 CDBG 10,124
303 Cemetary Operation 13
304 Senior Board 67
308 E-911 927
309 DWI Forfeiture 7,856
312 Recycle Rebate 75
Total Special Revenue Funds 19,061
418 HRA 2002A Lease Revenue Bonds 1,212,925
421 2003A Park Bonds Refunding 341,114
423 2003C Open Space Bonds 180,420
430 G.O. Improvement Bonds 2006A 400
432 G.O. Improvement Bonds 2006C 239,994
Total Debt Service Funds 1,974,853
City of Eden PrairieCouncil Check Register2/21/2012Check # Amount Vendor / Explanation Account Description Business Unit Explanation4401 1,212,925 WELLS FARGO BANK MINNESOTA NA Interest HRA 2002A LEASE REVENUE BONDS Bond Payment4387 917,378 EDEN PRAIRIE FIREFIGHTER'S REL Fire Relief Pension Payment Fire Fire Pension4399 521,534 US BANK TRUST NATIONAL ASSN Interest 2003C Open Space Refunding Bond Bond Payment216130 314,449 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility - General Monthly MCES Payment216071 272,458 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits February Health/Dental Premium4400 239,994 WELLS FARGO BANK MINNESOTA NA Interest G.O. Improvement Bonds 2006C Bond Payment4383 204,516 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld4391 194,440 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld4405 192,031 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld4377 156,933 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund Sales & Use Tax4386 141,510 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA4408 131,785 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA4388 129,489 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA216245 104,310 XCEL ENERGY Electric City Hall - CAM Monthly Utility Invoice215854 92,324 TOWMASTER INC Equipment Parts Snow & Ice Control215982 67,858 XCEL ENERGY Electric Street Lighting216599 67,684 ENCORE BOUTIQUE Building Den Road Building216267 62,528 CARGILL SALT Salt Snow & Ice Control216125 57,945 MCKINSTRY ESSENTION INC Other Contracted Services CIP - Bonds216380 54,969 SRF CONSULTING GROUP INC Improvement Contracts Improvement Projects 2006215816 54,320 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store215927 53,659 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store216454 45,308 DODGE OF BURNSVILLE Autos Police216535 44,132 PARROTT CONTRACTING INC Equipment Repair & Maint Water System Maintenance215979 42,503 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store4395 39,745 US BANK1000180 35,397 CENTERPOINT ENERGY SERVICES IN Gas City Hall - CAM216141 35,246 MINNESOTA UI FUND Unemployment Compensation Organizational Services216489 34,767 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store215872 32,254 WIRTZ BEVERAGE MINNESOTA Liquor Den Road Liquor Store1000166 30,186 QUALITY WINE & SPIRITS CO Transportation Den Road Liquor Store216324 28,288 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store216100 27,416 JOHNSON BROTHERS LIQUOR CO Transportation Prairie Village Liquor Store215864 27,298 WALL TRENDS INC Other Contracted Services Facilities Capital216567 26,738 ST CROIX ENVIRONMENTAL INC Other Contracted Services Water Capital216359 26,705 PRESTIGE CONTRACTING LLC Work In Progress Den Road Building1000224 26,606 WENCK ASSOCIATES INC Design & Engineering Storm Drainage1000287 25,705 LOGIS LOGIS Sewer Accounting215839 23,545 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store1000265 23,082 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating4394 22,675 ING Deferred Compensation General Fund215980 22,005 WIRTZ BEVERAGE MINNESOTA BEER Misc Taxable Prairie View Liquor Store1000214 21,981 QUALITY WINE & SPIRITS CO Beer Prairie Village Liquor Store4385 21,355 ING Deferred Compensation General Fund216593 21,251 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store215955 21,196 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store216007 20,288 BONNER & BORHART LLP Legal Legal Criminal Prosecution
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation4407 19,756 INGDeferred CompensationGeneral Fund1000183 19,647 DIVERSE BUILDING MAINTENANCE Janitor ServicePark Shelters215962 19,629 SOUTHERN WINE & SPIRITS OF MN TransportationPrairie View Liquor Store215847 19,066 SOUTHERN WINE & SPIRITS OF MN TransportationDen Road Liquor Store216241 19,052 WIRTZ BEVERAGE MINNESOTABeerPrairie Village Liquor Store215989 19,046 ABM JANITORIALSERVICES-NORTH C Janitor ServiceUtility Operations - General216293 18,772 HANSEN THORP PELLINEN OLSON Design & EngineeringImprovement Projects 20061000259 18,263 THORPE DISTRIBUTINGBeerPrairie Village Liquor Store1000276 18,117 ENVIRONMENTAL PROCESS INCContract Svcs - HVACIce Arena Maintenance1000142 18,033 QUALITY WINE & SPIRITS COWine DomesticDen Road Liquor Store1000197 17,696 GREGERSON ROSOW JOHNSON & NILA LegalProject Fund4393 17,023 ICMA RETIREMENT TRUST-457Deferred CompensationGeneral Fund216166 16,646 PRAIRIE PARTNERS SIX LLPJanitor ServicePrairie Village Liquor Store216509 16,222 MCKINSTRY ESSENTION INCOther Contracted ServicesCIP - Bonds215809 15,982 JJ TAYLOR DISTRIBUTING MINNESO TransportationPrairie View Liquor Store4406 15,670 ICMA RETIREMENT TRUST-457Deferred CompensationGeneral Fund4384 15,510 ICMA RETIREMENT TRUST-457Deferred CompensationGeneral Fund216196 15,322 SOUTH METRO PUBLIC SAFETY TRAI Other Contracted ServicesPublic Safety Training Facilit1000154 15,187 DAY DISTRIBUTINGMisc TaxablePrairie View Liquor Store4392 14,844 CERIDIANState Taxes WithheldHealth and Benefits216594 14,823 WIRTZ BEVERAGE MINNESOTA BEER BeerPrairie View Liquor Store215966 14,658 STREICHERSClothing & UniformsPolice215873 14,631 WIRTZ BEVERAGE MINNESOTA BEER BeerPrairie View Liquor Store1000296 14,184 QUALITY WINE & SPIRITS COTransportationPrairie View Liquor Store215922 14,075 JJ TAYLOR DISTRIBUTING MINNESO TransportationPrairie View Liquor Store216313 13,983 I-494 CORRIDOR COMMISSIONDues & SubscriptionsCity Council1000270 13,978 BRAUER & ASSOCIATES LTDImprovements to LandCapital Impr/Maint Fixed216242 13,801 WIRTZ BEVERAGE MINNESOTA BEER BeerDen Road Liquor Store1000223 13,568 WALL TRENDS INCContract Svcs - General Bldg Fitness/Conference - Cmty Ctr216401 13,336 WIRTZ BEVERAGE MINNESOTAWine DomesticDen Road Liquor Store1000307 13,243 WALL TRENDS INCContract Svcs - General Bldg Police City Center215853 13,233 THORPE DISTRIBUTINGBeerPrairie View Liquor Store4402 13,115 GENESIS EMPLOYEE BENEFITS, INC HRAHealth and Benefits4380 13,065 GENESIS EMPLOYEE BENEFITS, INC HRAHealth and Benefits216198 12,915 SOUTHERN WINE & SPIRITS OF MN TransportationPrairie View Liquor Store216555 12,598 SCHARBER & SONSEquipment PartsFleet Operating215869 12,514 WINE MERCHANTS INCWine DomesticPrairie View Liquor Store216348 12,500 NOVOTX LLCSoftwareWater Capital216167 12,468 PRAIRIEVIEW RETAIL LLCUtilitiesPrairie View Liquor Store216598 12,389 XTREME INTEGRATIONCapital Under $10,000Public Safety Communications1000168 12,209 THORPE DISTRIBUTINGMisc TaxableDen Road Liquor Store216551 12,000 ROBERT C VOGELOther Contracted ServicesHeritage Preservation1000262 11,367 WALL TRENDS INCContract Svcs - Gen. BldgCity Center Operations1000255 11,311 SENIOR COMMUNITY SERVICESRefundsCDBG - Public Service1000254 10,730 QUALITY WINE & SPIRITS COTransportationPrairie View Liquor Store1000231 10,517 COMPAR INCComputersIT Operating216345 10,500 MUNICIPAL LEGISLATIVE COMMISSI Dues & SubscriptionsCity Council216144 10,310 MOELTER GRAIN INCLime Residual RemovalWater Treatment Plant1000144 10,148 THORPE DISTRIBUTINGBeerPrairie View Liquor Store216531 9,900 NOVOTX LLCSoftwareWater Capital216485 9,722 JJ TAYLOR DISTRIBUTING MINNESO TransportationPrairie View Liquor Store
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation215990 9,617 ACTIVE NETWORK INC, THESoftware MaintenanceIT Operating215900 9,470 DAVE'S FLOOR SANDING & INSTALL Contract Svcs - General Bldg Outdoor Center Facilities216402 9,443 WIRTZ BEVERAGE MINNESOTA BEER BeerPrairie View Liquor Store216530 9,155 NILSSON, BETHInstructor ServiceIce Rink #1216331 8,909 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ERHealth and Benefits215804 8,802 HENNEPIN COUNTY ACCOUNTS RECEI Board of PrisonerPolice216563 8,608 SOUTHERN WINE & SPIRITS OF MN TransportationPrairie View Liquor Store216281 8,535 EMBEDDED SYSTEMS INCOther Contracted ServicesEmergency Preparedness1000301 8,394 THORPE DISTRIBUTINGBeerDen Road Liquor Store216377 8,248 SOUTHERN WINE & SPIRITS OF MN Wine ImportedPrairie Village Liquor Store1000274 8,216 DAY DISTRIBUTINGBeerPrairie View Liquor Store1000220 8,195 THORPE DISTRIBUTINGBeerPrairie View Liquor Store1000275 8,166 DIVERSE BUILDING MAINTENANCE Janitor ServiceSenior Center216392 8,153 VERIZON WIRELESSWireless SubscriptionIT Operating216199 8,132 SOUTHWEST SUBURBAN PUBLISHING- AdvertisingPrairie Village Liquor Store1000219 8,027 ST CROIX RECREATION CO INCCapital Under $10,000Capital Outlay Parks215974 7,856 WALL TRENDS INCContract Svcs - Gen. BldgCity Center Operations215836 7,767 PAUSTIS & SONS COMPANYTransportationPrairie View Liquor Store216540 7,751 PHILLIPS WINE AND SPIRITS INCTransportationPrairie View Liquor Store215956 7,750 PROPOther Contracted ServicesHousing and Community Service1000131 7,742 DAY DISTRIBUTINGMisc TaxablePrairie View Liquor Store215794 7,673 EARL F ANDERSEN INCSignsTraffic Signs216506 7,567 MATTS AUTO SERVICE INCMiscellaneousDWI Forfeiture216356 7,504 PHILLIPS WINE AND SPIRITS INCWine ImportedPrairie Village Liquor Store216282 7,302 EQUITY PROPERTY GROUP LLCWork In ProgressDen Road Building1000196 7,256 GREENSIDE INCContract Svcs - Lawn Maint. City Hall - CAM216517 7,075 MINNESOTA PIPE AND EQUIPMENT* Equipment PartsWater System Maintenance216291 6,786 GRAYMONTTreatment ChemicalsWater Treatment Plant216471 6,634 GRAYMONTTreatment ChemicalsWater Treatment Plant215862 6,557 VTISupplies - SecurityPublic Works/Parks216149 6,543 NORTHSHORE ADVISORS LLCInterestInvestment Fund216161 6,453 PHILLIPS WINE AND SPIRITS INCTransportationPrairie View Liquor Store216375 6,250 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted ServicesHousing and Community Service216315 6,220 IND SCHOOL DIST 272Other Contracted ServicesHousing and Community Service215800 6,160 GRAYMONTTreatment ChemicalsWater Treatment Plant215918 6,158 HENNEPIN SOUTH SERVICES COLLAB Other Contracted ServicesHousing and Community Service216097 6,002 JJ TAYLOR DISTRIBUTING MINNESO TransportationPrairie View Liquor Store216183 6,000 RIGHTLINE DESIGN LLCOther Contracted ServicesCommunications215897 5,880 CORNERHOUSEOther Contracted ServicesPolice216319 5,812 JJ TAYLOR DISTRIBUTING MINNESO TransportationPrairie View Liquor Store216378 5,794 SOUTHWEST SUBURBAN CABLE COMMI Dues & SubscriptionsCity Council216533 5,700 OLYMPIC HILLS GOLF CLUBOperating SuppliesFire216217 5,650 TRAFFIC CONTROL CORPORATION Equipment Repair & MaintTraffic Signals216536 5,599 PAUSTIS & SONS COMPANYTransportationPrairie View Liquor Store216405 5,531 XCEL ENERGYElectricOutdoor Center215835 5,523 OURSTON ROUNDABOUT ENGINEERING Improvement ContractsImprovement Projects 20061000182 5,335 DAY DISTRIBUTINGBeerPrairie View Liquor Store1000229 5,324 CDW GOVERNMENT INC.Hardware MaintenanceIT Operating216090 5,259 IND SCHOOL DIST 272MiscellaneousTeen Programs1000179 5,235 CENTERPOINT ENERGYGasHomeward Hills Park216582 5,218 VALLEY RICH CO INCEquipment Repair & MaintWater System Maintenance
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation1000232 5,135 DAY DISTRIBUTINGBeerPrairie View Liquor Store215951 5,067 PAUSTIS & SONS COMPANYTransportationDen Road Liquor Store216201 5,064 SPORTS WORLD USA INCOperating SuppliesIce Rink #1216591 4,896 WINE MERCHANTS INCTransportationPrairie View Liquor Store216305 4,875 HENNEPIN COUNTY TREASURERBoard of PrisonerPolice1000187 4,824 ELECTRIC PUMPEquipment PartsSewer Liftstation1000241 4,786 HAWKINS INCTreatment ChemicalsWater Treatment Plant216440 4,757 CARGILL SALTSaltSnow & Ice Control1000137 4,648 HAWKINS INCTreatment ChemicalsWater Treatment Plant215946 4,646 NATIONAL LEAGUE OF CITIESDues & SubscriptionsCity Council215919 4,609 HOHENSTEINS INCBeerPrairie View Liquor Store1000236 4,587 G & K SERVICESClothing & UniformsTree Disease216252 4,579 ADVANCED PUBLIC SAFETY INCSoftware MaintenanceIT Operating216135 4,500 MINGER CONSTRUCTION INCEquipment Repair & MaintSewer System Maintenance215896 4,400 COMMUNITY ACTION PARTNERSHIP RefundsCDBG - Public Service1000227 4,399 BELLBOY CORPORATIONTransportationPrairie View Liquor Store1000127 4,383 BELLBOY CORPORATIONTransportationPrairie View Liquor Store216155 4,275 PARROTT CONTRACTING INCEquipment Repair & MaintWater System Maintenance1000206 4,228 MCQUAY INTERNATIONALSupplies - HVACCity Hall - CAM215976 4,187 WINE MERCHANTS INCTransportationDen Road Liquor Store1000268 4,148 BELLBOY CORPORATIONTransportationPrairie View Liquor Store216499 4,063 LAVAN FLOOR COVERINGContract Svcs - Ice RinkIce Arena Maintenance216032 4,000 DEPARTMENT OF ENVIRONMENTAL SE Other Contracted ServicesStorm Drainage1000151 3,982 BELLBOY CORPORATIONTransportationPrairie View Liquor Store1000176 3,905 ASPEN WASTE SYSTEMS INC.Waste DisposalSenior Center216288 3,890 GOODPOINTE TECHNOLOGYSoftware MaintenanceIT Operating1000280 3,826 GARTNER REFRIGERATION & MFG IN Contract Svcs - Ice RinkIce Arena Maintenance216246 3,775 ZAYO BANDWIDTHDepositsEscrow215788 3,699 CENTURYLINKTelephoneIT Telephone216442 3,695 CENTURYLINKTelephoneIT Telephone216524 3,675 MRPAConference ExpensePark Maintenance216139 3,647 MINNESOTA RESTAURANT & COMMERC Contract Svcs - Garden Romm Garden Room Repairs216157 3,605 PAUSTIS & SONS COMPANYTransportationPrairie View Liquor Store216120 3,596 MADISON NATIONAL LIFEDisability Ins EmployersHealth and Benefits216399 3,548 WINE MERCHANTS INCTransportationPrairie View Liquor Store1000303 3,441 VAN PAPER COMPANYCleaning SuppliesSenior Center1000271 3,336 CENTERPOINT ENERGYGasPrairie View Liquor Store216065 3,329 GRAYMONTTreatment ChemicalsWater Treatment Plant215968 3,250 TEENS ALONEOther Contracted ServicesHousing and Community Service216573 3,245 SUBURBAN CHEVROLETEquipment Repair & MaintFleet Operating1000153 3,230 CERIDIANCeridianIT Operating215867 3,220 WINE COMPANY, THETransportationPrairie View Liquor Store216414 3,206 2ND WIND EXERCISEOther AssetsFitness Center216473 3,200 HANSEN THORP PELLINEN OLSON Other Contracted ServicesEconomic Development Fund1000221 3,190 VAN PAPER COMPANYCleaning SuppliesFitness/Conference - Cmty Ctr216354 3,144 PAUSTIS & SONS COMPANYTransportationPrairie View Liquor Store215915 3,132 GRAYMONTTreatment ChemicalsWater Treatment Plant215775 3,098 2ND WIND EXERCISECapital Under $10,000Fitness Center216147 3,035 NORTH STAR PUMP SERVICEEquipment Repair & MaintWater Treatment Plant1000272 3,026 CERIDIANCeridianIT Operating216021 3,000 CLEARWIRE LEGACY LLCDepositsEscrow
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation216165 3,000 POSTAGE BY PHONE RESERVE ACCOU PostageCustomer Service215844 2,980 SIGNSOURCEOther Contracted ServicesFacilities Capital1000177 2,959 BELLBOY CORPORATIONTransportationPrairie View Liquor Store216559 2,935 SIMPLEXGRINNELL LPContract Svcs - Fire/Life/Sfty City Hall - CAM215975 2,901 WINE COMPANY, THEWine ImportedPrairie View Liquor Store216256 2,880 ANDERBERG INNOVATIVE PRINT SOL PrintingPolice216193 2,789 SHORT ELLIOTT HENDRICKSON INC Other Contracted ServicesStorm Drainage1000237 2,778 GENUINE PARTS COMPANYRepair & Maint - Ice RinkIce Arena Maintenance1000282 2,740 GREENSIDE INCContract Svcs - Snow Removal Fire Station #1215944 2,700 MPPOADues & SubscriptionsPolice216148 2,654 NORTHERN AIR CORPORATIONContract Svcs - PlumbingPublic Works/Parks215877 2,624 YALE MECHANICAL INCMaintenance ContractsUtility Operations - General216044 2,598 EDINA FIRE DEPARTMENTOperating SuppliesFire1000130 2,567 CENTERPOINT ENERGYGasCrestwood Park216529 2,567 NEW BEIJING CHINESE RESTAURANT Beer/Wine LicensesGeneral Fund216600 2,545 KAISER, DAVID SOperating SuppliesFit Kids Club216549 2,541 RETROFIT RECYCLING INCSupplies - ElectricalFitness/Conference - Cmty Ctr216294 2,500 HEADWAY EMOTIONAL HEALTH SERVI Other Contracted ServicesHousing and Community Service1000181 2,470 CERIDIANCeridianIT Operating215833 2,469 NORTHSTAR MUDJACKING SPECIALIS Repair & Maint. SuppliesStorm Drainage1000171 2,427 A-SCAPE INCContract Svcs - Snow Removal Fire Station #4216371 2,405 SHADYWOOD TREE EXPERTS INCOther Contracted ServicesTree Removal216140 2,400 MINNESOTA SAFETY SERVICES LLC Licenses, Permits, FeesPool Lessons216589 2,397 WEBBER RECREATIONAL DESIGN INC Other AssetsCapital Impr/Maint Fixed216511 2,341 METROPOLITAN COUNCILDue to Other GovernmentsSAC Agency Fund1000133 2,307 ELECTRIC PUMPEquipment Repair & MaintSewer Liftstation215857 2,297 US HEALTH WORKS MEDICAL GRP MN Health & FitnessFire216302 2,265 HENNEPIN COUNTY TREASUREROther Contracted ServicesProject Fund215874 2,241 WM MUELLER AND SONS INCGravelWater System Maintenance216542 2,226 PRECISION FINISHINGSignsTraffic Signs1000200 2,212 ICCConference ExpenseInspections-Administration1000260 2,205 VAN PAPER COMPANYCleaning SuppliesSenior Center216181 2,160 RICHFIELD, CITY OFLicenses & TaxesFleet Operating215898 2,152 CORVAL CONSTRUCTORS INCEquipment Repair & MaintWater Wells216574 2,145 SURLY BREWING COBeerDen Road Liquor Store216104 2,130 KEEPERSClothing & UniformsAnimal Control1000146 2,125 VAN PAPER COMPANYCleaning SuppliesFitness/Conference - Cmty Ctr216312 2,115 HOTSY EQUIPMENT OF MINNESOTA Equipment Repair & MaintFleet Operating216373 2,113 SHORT ELLIOTT HENDRICKSON INC Design & EngineeringImprovement Projects 1996216339 2,095 MIDWEST COCA COLA BOTTLING COM Merchandise for ResaleConcessions215942 2,085 MINNESOTA VALLEY ELECTRIC COOP ElectricRiley Lake216132 2,076 MIDWEST COCA COLA BOTTLING COM Merchandise for ResaleConcessions216000 2,068 BARR ENGINEERING COMPANYOther Contracted ServicesStorm Drainage216178 2,060 RESTORATION SYSTEMS INCContract Svcs - General Bldg Den Bldg. - CAM216398 2,016 WINE COMPANY, THETransportationPrairie View Liquor Store216194 2,010 SITEIMPROVE, INCOther Contracted ServicesCommunications216274 1,954 COMMERCIAL DOOR SYSTEMS INC Building Repair & Maint.Water Wells216224 1,935 US HEALTH WORKS MEDICAL GRP MN Health & FitnessFire216309 1,930 HOHENSTEINS INCBeerPrairie View Liquor Store215851 1,924 SURLY BREWING COBeerPrairie View Liquor Store1000261 1,890 VINOCOPIATransportationPrairie View Liquor Store
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation1000172 1,881 ABM EQUIPMENT AND SUPPLY COMPA Equipment PartsFleet Operating216077 1,843 HENNEPIN COUNTY TREASURERBoard of PrisonerPolice216092 1,824 INTERNATIONAL UNION OF OPERATI Union Dues WithheldGeneral Fund216173 1,800 QUANTUM ART INCSoftware MaintenanceIT Operating215888 1,799 BAUER BUILT TIRE AND BATTERY TiresFleet Operating215799 1,796 GRAPE BEGINNINGSTransportationDen Road Liquor Store1000204 1,791 LYNDALE PLANT SERVICESContract Svcs - Int. Landscape City Hall - CAM215821 1,784 M&M CONTROL SERVICE INCSupplies - HVACCity Hall - CAM215994 1,755 AMERICAN RED CROSSLicenses, Permits, FeesOak Point Lessons216119 1,747 MAACOEquipment Repair & MaintFleet Operating216122 1,736 MAROTTA, VICInstructor ServiceWinter Skill Development216384 1,720 SUBURBAN CHEVROLETEquipment PartsFleet Operating216590 1,710 WINE COMPANY, THETransportationPrairie View Liquor Store216411 1,700 US POSTMASTERPostageWater Accounting1000290 1,676 MCNEILUS STEEL INCEquipment PartsFleet Operating1000132 1,666 DREW'S CONCESSIONS LLCMerchandise for ResaleConcessions216208 1,633 TACTICAL RIVER LLCClothing & UniformsPolice216087 1,631 HWY 5 BPEquipment Repair & MaintPolice215878 1,621 US POSTMASTERPostageWater Accounting216237 1,612 WINE COMPANY, THEWine ImportedPrairie Village Liquor Store216206 1,601 SURLY BREWING COBeerPrairie View Liquor Store215967 1,580 SURLY BREWING COBeerPrairie View Liquor Store1000239 1,552 GRAINGEREquipment PartsSnow & Ice Control216566 1,534 SPIRIT APPAREL & STUFFAdvertisingCommunity Center Admin216123 1,533 MATSON, TOMSmall ToolsFleet Operating215991 1,525 ADVANCED ENGINEERING & ENVIRON Mileage & ParkingProcess Control216046 1,500 ETHICAL LEADERS IN ACTION LLC Tuition Reimbursement/School Fire1000174 1,500 ALLDATASoftwareFleet Operating1000211 1,483 PRAIRIE ELECTRIC COMPANYContract Svcs - ElectricalFitness/Conference - Cmty Ctr215916 1,478 GREG KOOSMAN PAINTING INCOther Contracted ServicesRehab216445 1,477 COSTCOMerchandise for ResaleConcessions215790 1,469 COSTCOTraining SuppliesOrganizational Services216436 1,460 BOARD OF WATER & SOIL RESOURCE MiscellaneousStorm Drainage1000164 1,455 OSI BATTERIES INCEquipment Repair & MaintPolice1000159 1,449 METRO SALES INCORPORATED*Equipment Repair & MaintIT Operating215861 1,430 VINOCOPIATransportationPrairie View Liquor Store216067 1,423 GUNNAR ELECTRIC CO INCOther Contracted ServicesDunn Brothers1000165 1,402 PETERSON BROS ROOFING AND CONS Contract Svcs - RoofDen Bldg. - CAM216156 1,400 PARZYCK, HOLLIEOffice SuppliesCustomer Service216229 1,395 WATSON CO INC, THEMerchandise for ResaleConcessions216522 1,394 MNFIAM BOOK SALESTraining SuppliesFire216238 1,346 WINE MERCHANTS INCTransportationPrairie Village Liquor Store215895 1,320 CLAUDE'S CERAMIC TILE INCContract Svcs - Garden Romm Garden Room Repairs1000207 1,308 METRO SALES INCORPORATED*Other RentalsCustomer Service216200 1,301 SPIRIT APPAREL & STUFFAdvertisingCommunity Center Admin1000184 1,300 DLT SOLUTIONS INC.SoftwareIT Operating216310 1,286 HOME DEPOT CREDIT SERVICESSupplies - General BldgOutdoor Center Facilities216042 1,263 EDEN PRAIRIE HIGH SCHOOLFacility Rtl-Tax ExemptIce Rink #11000139 1,247 LAB SAFETY SUPPLY INCSafety SuppliesSewer System Maintenance216127 1,230 MEDICINE LAKE TOURSSpecial Event FeesTrips1000199 1,228 HORIZON COMMERCIAL POOL SUPPLY Supplies - PoolPool Maintenance
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation215903 1,218 EARL F ANDERSEN INCSignsPark Maintenance1000279 1,215 G & K SERVICESClothing & UniformsUtility Operations - General216064 1,212 GRAPE BEGINNINGSTransportationPrairie Village Liquor Store216391 1,208 US BANKInterestInvestment Fund216457 1,186 EARL F ANDERSEN INCSignsTraffic Signs216329 1,185 LAKE COUNTRY DOOR LLCContract Svcs - General Bldg Fire Station #31000277 1,177 FASTENAL COMPANYOperating SuppliesTraffic Signs216428 1,171 BARR ENGINEERING COMPANYOther Contracted ServicesStorm Drainage1000292 1,158 NEW FRANCE WINE COMPANYTransportationPrairie View Liquor Store1000245 1,157 MCNEILUS STEEL INCEquipment PartsFleet Operating216528 1,150 NEUMANN, NEALOther Contracted ServicesBroomball215932 1,134 LIGHTNING PRINTING INCPrintingCommunity Center Admin215923 1,126 JOHN HENRY FOSTER MINNESOTA IN Maintenance ContractsWater Treatment Plant216113 1,103 LEGACY GYMNASTICSInstructor ServiceCC-Winter Skill Development215933 1,100 LOGIN/IACPPrintingPolice216453 1,098 DISPLAY SALESSupplies - General BldgPark Shelters216266 1,097 BUCK, NATHANOther Contracted ServicesBasketball216431 1,091 BAUER BUILT TIRE AND BATTERY TiresFleet Operating1000222 1,088 VINOCOPIATransportationPrairie View Liquor Store1000193 1,083 G & K SERVICESClothing & UniformsUtility Operations - General1000208 1,082 NEW FRANCE WINE COMPANYTransportationPrairie View Liquor Store216300 1,068 HENNEPIN COUNTY TREASUREROther Contracted ServicesProject Fund216385 1,067 SURLY BREWING COBeerPrairie View Liquor Store1000161 1,060 NEXT DAY GOURMETOperating SuppliesSenior Board216596 1,055 WYFFELS, BILLTuition Reimbursement/School Organizational Services1000291 1,045 METRO SALES INCORPORATED*Other RentalsCustomer Service215818 1,040 LAKE COUNTRY DOOR LLCContract Svcs - General Bldg Public Works/Parks216335 1,011 MENARDSOperating SuppliesFleet Operating215971 1,000 US HEALTH WORKS MEDICAL GRP MN Health & FitnessFire216437 999 BOURGET IMPORTSTransportationPrairie View Liquor Store1000288 994 MARGRON SKOGLUND WINE IMPORTS, TransportationPrairie View Liquor Store216261 990 BERRY COFFEE COMPANYMerchandise for ResaleConcessions1000248 980 METRO SALES INCORPORATED*Equipment Repair & MaintIT Operating215827 975 METROPOLITAN COUNCIL ENVIRONME Other Contracted ServicesStorm Drainage216365 971 ROREM, ANN MInstructor ServiceArts Center216269 951 CENTURYLINKTelephoneIT Telephone216474 946 HD SUPPLY WATERWORKS LTDRepair & Maint. SuppliesWater System Maintenance1000278 944 FERGUSON ENTERPRISES #1657Supplies - HVACCity Hall - CAM215886 936 BARR ENGINEERING COMPANYOther Contracted ServicesStorm Drainage1000178 935 BRAUER & ASSOCIATES LTDOther Contracted ServicesPlanning & Development216500 927 LEAGUE MN CITIES INS TRUSTInsuranceWAFTA1000244 906 I2 INCSoftware MaintenanceIT Operating216568 904 STAPLES ADVANTAGEOffice SuppliesPolice216131 900 MICHAELSON, ELIZABETH HOther Contracted ServicesWinter Theatre215972 897 VINOCOPIATransportationDen Road Liquor Store216280 895 EDEN PRAIRIE CHAMBER OF COMMER Dues & SubscriptionsCity Council215841 884 PRAIRIE ELECTRIC COMPANYContract Svcs - ElectricalCity Center Operations216002 881 BAUER BUILT TIRE AND BATTERY TiresFleet Operating216572 881 STREICHERSClothing & UniformsPolice215904 880 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues WithheldGeneral Fund215947 879 NATIONAL SAFETY COUNCILTraining SuppliesFire
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation216328 875 KNUDTSON, STEVEOther Contracted ServicesBroomball216416 870 ALTERNATIVE BUSINESS FURNITURE Capital Under $10,000FF&E - Furn, Fixtures & Equip.215914 870 GRAPE BEGINNINGSTransportationPrairie View Liquor Store215890 867 BERRY COFFEE COMPANYMerchandise for ResaleConcessions216299 852 HENNEPIN COUNTY TREASUREROther Contracted ServicesProject Fund216577 837 TITAN ENERGY SYSTEMSContract Svcs - Fire/Life/Safe Public Works/Parks216469 833 GRANICUS INCSoftware MaintenanceIT Operating215798 832 GRAND PERE WINES INCTransportationPrairie View Liquor Store216492 828 KEEPERSClothing & UniformsPolice216205 825 STREICHERSClothing & UniformsPolice216060 817 GE CAPITALOther RentalsCustomer Service216383 815 STREICHERSClothing & UniformsAnimal Control4378 809 MINNESOTA DEPT OF REVENUEMotor FuelsFleet Operating215781 794 BAUER BUILT TIRE AND BATTERY Equipment PartsFleet Operating216341 791 MINNESOTA ELEVATOR INCContract Svcs - ElevatorFitness/Conference - Cmty Ctr216308 775 HENRY, PAULOther Contracted ServicesBroomball215805 772 HIRSHFIELD'SRepair & Maint. SuppliesUtility Operations - General1000273 771 CHEMSEARCHSupplies - HVACFire Station #1216063 750 GRAND PERE WINES INCTransportationPrairie View Liquor Store4382 748 CERIDIANGarnishment WithheldGeneral Fund216276 743 DIRECTORZDepositsEscrow4404 741 CERIDIANGarnishment WithheldGeneral Fund4389 736 CERIDIANGarnishment WithheldGeneral Fund1000251 735 NEW WORLD SYSTEMSOther AssetsCIP - Bonds216169 734 PROPUnited Way WithheldGeneral Fund1000281 732 GRAINGERRepair & Maint. SuppliesSewer System Maintenance216295 721 HENNEPIN COUNTY TREASUREROther Contracted ServicesProject Fund216297 715 HENNEPIN COUNTY TREASUREROther Contracted ServicesProject Fund216253 709 AMARA WINES LLCTransportationPrairie Village Liquor Store216444 706 CHISAGO LAKES DISTRIBUTINGBeerDen Road Liquor Store1000203 696 LOGISHardware MaintenanceIT Operating216491 695 KAISER, DAVID SEquipment Repair & MaintFitness Center1000250 694 NEW FRANCE WINE COMPANYWine DomesticPrairie View Liquor Store1000305 677 VINOCOPIATransportationPrairie View Liquor Store215937 673 MIDWEST COCA COLA BOTTLING COM Misc Non-TaxableDen Road Liquor Store215822 673 MACQUEEN EQUIPMENT INCEquipment PartsSewer System Maintenance216388 666 TRUCK UTILITIES MFG COEquipment PartsSewer Liftstation216202 661 STAPLES ADVANTAGEOffice SuppliesCustomer Service215807 660 JANAVARAS ENTERPRISES LLCTransportationPrairie View Liquor Store1000228 660 CANNON RIVER WINERYWine DomesticDen Road Liquor Store216298 657 HENNEPIN COUNTY TREASUREROther Contracted ServicesProject Fund216086 650 HOUTZ, STEPHEN JOther Contracted ServicesWinter Theatre216095 650 JANETSKI, BETHOther Contracted ServicesWinter Theatre216024 646 COMMUNITY HEALTH CHARITIESUnited Way WithheldGeneral Fund216162 643 PHUONG, SANGMiscellaneousPolice216588 641 WATSON CO INC, THEMerchandise for ResaleConcessions216005 637 BMI GENERAL LICENSINGLicenses, Permits, TaxesArts216507 634 MAXIMUM SOLUTIONS INCSoftware MaintenanceIT Operating216221 622 UNITED WAYUnited Way WithheldGeneral Fund216512 616 METROPOLITAN FORDEquipment PartsFleet Operating1000160 616 NEW FRANCE WINE COMPANYTransportationDen Road Liquor Store
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation1000246 613 MCQUAY INTERNATIONALContract Svcs - HVACPolice City Center216182 608 RICK, ELIZABETH DEEOperating SuppliesOutdoor Center1000225 607 ZIEGLER INCEquipment PartsFleet Operating216330 600 LEGACY BUILDING SOLUTIONS INC Other Contracted ServicesCapital Maint. & Reinvestment1000247 600 METRO ELEVATOR INCContract Svcs - ElevatorCity Hall - CAM216260 600 BERNICK'S WINEWine DomesticPrairie View Liquor Store216418 593 AMERICAN PLANNING ASSNDues & SubscriptionsCommunity Development Admin.215912 593 GINA MARIAS INCOperating SuppliesPolice216219 591 UNIFORMS UNLIMITEDClothing & UniformsPolice1000155 587 FASTENAL COMPANYEquipment PartsSewer Liftstation216394 584 WALSER CHRYSLER JEEPEquipment PartsFleet Operating216476 583 HIRSHFIELD'SRepair & Maint. SuppliesPark Maintenance216154 583 OXYGEN SERVICE COMPANYOperating SuppliesFire216270 583 CENTURYLINKMaintenance ContractsE-911 Program216581 582 US HEALTH WORKS MEDICAL GRP MN Employment Support TestOrganizational Services215964 580 STAPLES ADVANTAGEOffice SuppliesCustomer Service1000263 579 WENCK ASSOCIATES INCOther Contracted ServicesStorm Drainage216004 577 BIFFS INCWaste DisposalPark Maintenance215842 570 QUALITY PROPANEMotor FuelsIce Arena Maintenance216404 570 WORLD WIDE CELLARS INCTransportationPrairie View Liquor Store216320 569 JOHN HENRY FOSTER MINNESOTA IN Maintenance ContractsWater Treatment Plant216395 566 WATSON CO INC, THEMerchandise for ResaleConcessions216337 562 METROPOLITAN FORDEquipment PartsFleet Operating216363 560 RICK, ELIZABETH DEEInstructor ServiceOutdoor Center216370 559 SEELYEEquipment Repair & MaintWater Treatment Plant215848 553 STAPLES ADVANTAGEOffice SuppliesCustomer Service216503 547 MAACOEquipment Repair & MaintFleet Operating216397 545 WILKUS ARCHITECTS INCDepositsEscrow215852 543 THE OASIS GROUPEmployee AssistanceOrganizational Services216212 543 THE OASIS GROUPEmployee AssistanceOrganizational Services215856 542 TRUE FABRICATIONSMisc TaxableDen Road Liquor Store216115 540 LEROY JOB TRUCKING INCOther Contracted ServicesAnimal Control216304 537 HENNEPIN COUNTY TREASUREROther Contracted ServicesProject Fund216076 534 HENNEPIN COUNTY I/T DEPTSoftware MaintenanceIT Operating216171 532 QUALITY REFRIGERATIONEquipment Repair & MaintConcessions1000156 529 GRAINGERSupplies - HVACCity Hall - CAM216389 528 TRUE FABRICATIONSMisc TaxablePrairie Village Liquor Store215986 528 9-1-1 TRAINING ACADEMY & CONSU Tuition Reimbursement/School Police215996 528 AMERITRAKOther Contracted ServicesSnow & Ice Control216340 520 MINNESOTA CHIEFS OF POLICE ASS Dues & SubscriptionsPolice216011 516 CENTURYLINKTelephoneE-911 Program216327 516 KEEPERSClothing & UniformsFire1000163 515 O'REILLY AUTOMOTIVE INCEquipment PartsFleet Operating215998 515 AZTEC BPEquipment Repair & MaintPolice1000240 512 GUNDERSON, CONSTANCE L.Instructor ServiceArts Center215959 510 REBS MARKETINGOther Contracted ServicesEnvironmental Education216085 504 HOUSTON, CHRISTOPHER WOther Contracted ServicesIce Rink #1215784 502 BOURGET IMPORTSTransportationPrairie View Liquor Store216421 500 AQUA LOGIC INCOther Contracted ServicesPool Maintenance216058 500 GALLAGHER BENEFIT SERVICES INC Other Contracted ServicesOrganizational Services216597 499 XCEL ENERGYElectricForest Hills Park
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation216470 493 GRAPE BEGINNINGSWine ImportedPrairie Village Liquor Store216514 489 MIDWEST SIGN & SCREEN PRINTING Operating SuppliesTraffic Signs215910 487 FORMS & SYSTEMS OF MINNESOTA PrintingPolice215928 485 KEEPERSClothing & UniformsPolice215913 472 GRAND PERE WINES INCTransportationPrairie View Liquor Store215905 464 EDEN PRAIRIE NOON ROTARY CLUB Dues & SubscriptionsPolice216128 463 MENARDSRepair & Maint. SuppliesWater Wells215880 463 PETTY CASH-POLICE DEPT1000136 462 GRAINGERSmall ToolsFacilities Staff216053 461 FRAGALE, ANNETTEInstructor ServiceSenior Center Programs215803 452 HAYDEN-MURPHY EQUIPMENT COMPAN Equipment PartsFleet Operating215825 452 MENARDSCapital Under $10,000Capital Outlay Parks216447 451 CRYSTEEL TRUCK EQUIPMENTCapital Under $10,000Fleet Operating215911 449 GE CAPITALOther RentalsCustomer Service215843 447 SHAMROCK GROUP, INC - ACE ICE TransportationPrairie View Liquor Store216296 446 HENNEPIN COUNTY TREASUREROther Contracted ServicesProject Fund216292 445 GYM WORKSRepair & Maint. SuppliesFitness Center215832 445 MORGAN CREEK VINEYARDSWine DomesticPrairie View Liquor Store216057 445 G JOHNSON ASSET MANAGEMENT LLC AR UtilityWater Enterprise Fund216303 443 HENNEPIN COUNTY TREASUREROther Contracted ServicesProject Fund216584 439 VERIZON WIRELESSPager & Cell PhonePark Maintenance216427 437 BARNES, BELINDA A.Other Contracted ServicesVolleyball216510 435 MENARDSSupplies - ElectricalCity Hall - CAM1000205 431 MARGRON SKOGLUND WINE IMPORTS, TransportationPrairie View Liquor Store216301 430 HENNEPIN COUNTY TREASUREROther Contracted ServicesProject Fund216012 429 CERRON COMMERCIAL PROPERTIES AR UtilityWater Enterprise Fund216546 423 REBS MARKETINGOther Contracted ServicesWater Accounting216332 422 MACQUEEN EQUIPMENT INCEquipment PartsFleet Operating1000175 420 ASPEN EQUIPMENT CO.Equipment PartsFleet Operating1000157 414 GREATAMERICA LEASING CORP.PostageCustomer Service216478 414 HOLMES, TOMOther Contracted ServicesVolleyball215893 412 BOURGET IMPORTSTransportationPrairie Village Liquor Store1000140 410 NEW FRANCE WINE COMPANYTransportationDen Road Liquor Store216381 409 SS DESIGN AND PRODUCTION INC PrintingAssessing216258 408 BARR ENGINEERING COMPANYOther Contracted ServicesStorm Drainage1000289 407 MATHESON TRI-GAS INCEquipment PartsFleet Operating215865 404 WATSON CO INC, THEMerchandise for ResaleConcessions216133 402 MILIO'S SANDWICHESMerchandise for ResaleConcessions216232 400 WELLS FARGO BANK MINNESOTA NA Paying AgentG.O. Improvement Bonds 2006A216247 400 CARLTON COUNTY SHERIFF'S DEPT DepositsEscrow215939 397 MINNESOTA CLAY CO. USAOperating SuppliesArts Center1000257 395 SPRINTWireless SubscriptionIT Operating216279 395 EDAMDues & SubscriptionsEconomic Development215863 390 WACONIA FARM SUPPLYSafety SuppliesPark Maintenance216603 390 RICHFIELD, CITY OFAutosPublic Works215899 389 CUB FOODS EDEN PRAIRIEOperating SuppliesFire216043 389 EDEN PRAIRIE MALL LLCBuilding RentalPolice216236 388 WHITE, REBECCAOperating SuppliesFire216455 388 DOMACE VINOTransportationPrairie View Liquor Store216045 384 ELIASON, STEVE JOther Contracted ServicesBasketball215894 382 CHISAGO LAKES DISTRIBUTINGBeerDen Road Liquor Store
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation215795 379 EXTREME BEVERAGEMisc TaxablePrairie View Liquor Store216360 375 QUALITY PROPANEMotor FuelsIce Arena Maintenance215876 370 XCEL ENERGYElectricForest Hills Park216284 369 FEIGENBAUM, SUSANInstructor ServiceArts Center216028 360 CUSTOM HOSE TECHEquipment PartsFleet Operating1000149 357 ZIEGLER INCEquipment PartsFleet Operating216020 355 CLAREYS INCSafety SuppliesFleet Operating216111 352 LATZIG, NONA JOther Contracted ServicesVolleyball216580 352 UNIFORMS UNLIMITEDClothing & UniformsAnimal Control216268 352 CBIZ FINANCIAL SOLUTIONS INCOther Contracted ServicesHealth and Benefits216151 350 OLSON, JOCELYNOther Contracted ServicesWinter Theatre216195 350 SOUNDS GREATOther Contracted ServicesSpecial Initiatives216374 350 SOUNDS GREATInstructor ServiceSpecial Events & Trips216458 350 EDEN PRAIRIE CHAMBER OF COMMER MiscellaneousCity Council4390 350 CERIDIANGarnishment WithheldGeneral Fund216586 338 WALSER CHRYSLER JEEPEquipment PartsFleet Operating1000293 338 PETERSON BROS ROOFING AND CONS Contract Svcs - RoofDen Bldg. - CAM1000210 337 OSI BATTERIES INCOperating SuppliesPolice215941 337 MINNESOTA PIPE AND EQUIPMENT* Equipment PartsWater System Maintenance216163 337 PINNACLE DISTRIBUTINGMisc TaxablePrairie View Liquor Store215778 336 AMERICAN BOTTLING COMPANY, THE Misc TaxablePrairie View Liquor Store215987 332 A-1 STRIPES INCOther Contracted ServicesDunn Brothers216513 330 MIDWEST COCA COLA BOTTLING COM Misc Non-TaxablePrairie View Liquor Store216143 330 MN JUVENILE OFFICERS ASSOCIATI Tuition Reimbursement/School Police215791 327 DE LAGE LANDEN FINANCIAL SERVI Other RentalsCustomer Service216126 325 MD IAIPrintingPolice216176 324 RAY, LEEOther Contracted ServicesBasketball216231 324 WEEDMAN, NICOLEMileage & ParkingYouth Programs Admin1000234 322 FASTENAL COMPANYOperating SuppliesTraffic Signs216443 322 CENTURYLINKTelephoneSewer Liftstation216080 321 HENRY, PAULOther Contracted ServicesVolleyball215930 315 LAKE COUNTRY DOOR LLCEquipment PartsFleet Operating215850 315 SUBURBAN CHEVROLETEquipment PartsFleet Operating1000294 313 POMP'S TIRE SERVICE INCEquipment Repair & MaintFleet Operating215889 312 BERNICK'S WINEBeerPrairie View Liquor Store215840 310 PINNACLE DISTRIBUTINGMisc TaxableDen Road Liquor Store216558 309 SIERRA CORPORATIONEquipment PartsFleet Operating216168 309 PREMIUM WATERS INCOperating SuppliesFire1000302 308 UPSPostageWater System Maintenance1000284 307 IDEXX DISTRIBUTION CORPLaboratory ChemicalsWater Treatment Plant216290 306 GRAPE BEGINNINGSTransportationPrairie Village Liquor Store216259 306 BAUER BUILT TIRE AND BATTERY Equipment PartsFleet Operating216520 306 MINNESOTA VALLEY ELECTRIC COOP ElectricFredrick Miller Spring216062 304 GOPHER STATE ONE-CALLOCS-Leak DetectionUtility Operations - General216311 300 HOMELAND SECURITY AND EMERGENC Conference ExpenseFire216552 300 ROGERS, KYLEOther Contracted ServicesBroomball216145 299 MUSSELL, KATELINOther Contracted ServicesVolleyball216029 298 DANHAUSER, LINDSEYMileage & ParkingArts216433 296 BECKER ARENA PRODUCTS INCRepair & Maint - Ice RinkIce Arena Maintenance215892 294 BOBBY & STEVE'S AUTO WORLD EDE Equipment Repair & MaintPolice215973 293 VTIContract Svcs - SecurityFitness/Conference - Cmty Ctr
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation1000173 292 ADAMS PEST CONTROL INCContract Svcs - Pest Control Park Shelters215829 290 MINNESOTA VALLEY ELECTRIC COOP ElectricFredrick Miller Spring215801 290 GS DIRECTOperating SuppliesEngineering216190 288 SCHIPULL, JEFFOther Contracted ServicesBasketball216262 288 BERTELSON TOTAL OFFICE SOLUTIO Office SuppliesUtility Operations - General1000135 287 G & K SERVICESClothing & UniformsFleet Operating216602 285 NICOLLET COUNTY SHERIFF'S DEPT DepositsEscrow216495 280 LAKE COUNTRY DOOR LLCContract Svcs - GenerFire Station #4216541 280 PINNACLE DISTRIBUTINGMisc TaxablePrairie Village Liquor Store215887 277 BATTCHER AND AERO ELECTRICAL C Equipment Repair & MaintWater Storage216498 276 LATZIG, NONA JOther Contracted ServicesVolleyball216518 275 MINNESOTA PRINT MANAGEMENT LLC Office SuppliesCustomer Service216544 275 QUALITY PROPANEMotor FuelsIce Arena Maintenance216103 273 KARST, JOAN ESupplies - General BldgOutdoor Center Facilities1000195 272 GRAINGEROperating SuppliesUtility Operations - General215945 265 MPX GROUP, THEPrintingPolice216049 264 FIELDSTONE VINEYARDSWine DomesticPrairie View Liquor Store216248 260 EHLERS & ASSOCIATES INCConference ExpenseCommunity Development Admin.216497 260 LARKSTUR ENGINEERING & SUPPLY Equipment PartsWater Treatment Plant216472 255 GTSConference ExpenseCity Clerk216083 253 HOLMES, TOMOther Contracted ServicesVolleyball216264 253 BOURGET IMPORTSTransportationPrairie Village Liquor Store216255 252 AMERIPRIDE LINEN & APPAREL SER Janitor ServicePrairie Village Liquor Store1000129 252 CANNON RIVER WINERYWine DomesticDen Road Liquor Store216263 251 BLOOMINGTON SECURITY SOLUTIONS Equipment Repair & MaintWater Wells215936 250 MID-STATES ORGANIZED CRIME INF PrintingPolice216426 250 BANK BEER COBeerPrairie View Liquor Store1000125 247 A TO Z RENTAL CENTEREquipment Repair & MaintPark Maintenance216228 247 WALSER CHRYSLER JEEPEquipment PartsFleet Operating216084 245 HORIZON CPO SEMINARSConference ExpenseCommunity Center Admin216601 245 HORIZON CPO SEMINARSConference ExpensePool Maintenance216382 245 STONEBROOKEEquipment PartsFleet Operating216216 243 TKO WINES, INCWine ImportedPrairie Village Liquor Store216463 243 EXTREME BEVERAGEMisc TaxablePrairie View Liquor Store215908 242 FLYING CLOUD ANIMAL HOSPITAL Canine SuppliesPolice216050 242 FISHER SCIENTIFICProcess Control EquipmentWater Treatment Plant215796 241 FASTSIGNSOperating SuppliesFire215819 240 LIFT BRIDGE BREWERYBeerPrairie View Liquor Store216353 240 PARLEY LAKE WINERYWine DomesticDen Road Liquor Store216534 240 PARLEY LAKE WINERYWine DomesticPrairie Village Liquor Store216116 239 LEXISNEXISOther Contracted ServicesPolice216275 239 D&D INSTRUMENTSEquipment Repair & MaintFleet Operating216034 234 DESIGN DESIGNTransportationPrairie View Liquor Store216110 233 LANZI, BOBMileage & ParkingIce Rink #11000138 233 HD SUPPLY FACILITIES MAINTENAN Supplies - HVACDen Road Building215866 232 WICHTERMAN'S LTDEquipment Repair & MaintFleet Operating216061 232 GETTMAN COMPANYMisc TaxablePrairie View Liquor Store1000299 230 SHERWIN WILLIAMS CORepair & Maint. SuppliesPark Maintenance1000264 228 WSB & ASSOCIATES INCImprovement ContractsImprovement Projects 20061000185 226 DMX MUSICOther Contracted ServicesPrairie View Liquor Store215782 226 BERNICK'S WINEMisc Non-TaxableDen Road Liquor Store
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation216222 225 UNIVERSITY OF MINNESOTAConference ExpenseEngineering216223 225 UNIVERSITY OF MINNESOTAConference ExpenseEngineering216054 224 FRANZEN, SCOTTDeposits-P&R RefundsCommunity Center Admin216031 222 DELEGARD TOOL COEquipment PartsFleet Operating216251 218 AARP DRIVER SAFETY PROGRAMOther Contracted ServicesSenior Center Programs1000186 217 DMX MUSICOther Contracted ServicesDen Road Liquor Store216358 217 PRAIRIE LAWN AND GARDENEquipment Repair & MaintPark Maintenance215792 217 DELEGARD TOOL COEquipment PartsFleet Operating215921 215 HYDRO-VAC INCEquipment Repair & MaintSewer System Maintenance216386 214 TOLL GAS AND WELDING SUPPLY Repair & Maint. SuppliesSewer System Maintenance216343 214 MINT CONDITION DETAILING INCEquipment Repair & MaintFleet Operating1000169 211 ZIEGLER INCEquipment PartsFleet Operating216357 210 PLEAADues & SubscriptionsPolice1000283 209 HORIZON COMMERCIAL POOL SUPPLY Supplies - PoolPool Maintenance1000148 207 ZEP MANUFACTURING COEquipment PartsFleet Operating216079 206 HENNEPIN COUNTY TREASUREROperating Supplies-Escrow Planning215859 205 USPCA REGION 18Dues & SubscriptionsPolice1000235 204 FEDEXPostageHuman Resources216420 203 APPLIANCE OUTLET CENTERSupplies - General BldgFire Station #4215802 200 HARLEY CONSULTING & COACHING Other Contracted ServicesRecreation Admin216033 200 DEPT OF LABOR & INDUSTRYContract Svcs - ElevatorCity Hall - CAM216188 200 RUFFRIDGE JOHNSON EQUIPMENT CO Conference ExpenseEngineering216475 200 HENRY, PAULOther Contracted ServicesBroomball216561 200 SOUTH CENTRAL TECHNICAL COLLEG Tuition Reimbursement/School Fire1000212 198 PRINTERS SERVICE INCRepair & Maint - Ice RinkIce Arena Maintenance216030 198 DE LAGE LANDEN FINANCIAL SERVI Other RentalsFacilities Staff215875 197 WSB & ASSOCIATES INCImprovement ContractsImprovement Projects 2006216579 196 TWIN CITY AREA LABOR MGMT COUN Conference ExpenseEngineering215948 195 OLSEN COMPANIESOperating SuppliesPark Maintenance215891 195 BIELKE, MIDMiscellaneousPolice215940 193 MINNESOTA CONWAYEquipment Repair & MaintFire216249 193 WITT, BETHMileage & ParkingAquatics & Fitness Admin216460 192 ELIASON, STEVE JOther Contracted ServicesBasketball215960 190 SHAMROCK GROUP, INC - ACE ICE TransportationPrairie View Liquor Store215858 190 US POSTMASTERPostageCustomer Service216025 190 COX, KIMTravel ExpenseFire216096 190 JETER, KARATuition Reimbursement/School Fitness Classes216336 189 METROPOLITAN CORPORATIONDepositsEscrow215776 187 ACME TOOLSOther Contracted ServicesSenior Center Admin1000213 187 PROSOURCE SUPPLYSupplies - General BldgFitness/Conference - Cmty Ctr216272 186 CLAREYS INCSafety SuppliesUtility Operations - General215957 186 QUALITY PROPANEMotor FuelsIce Arena Maintenance216419 186 AMERIPRIDE LINEN & APPAREL SER Janitor ServicePrairie Village Liquor Store216192 182 SHAMROCK GROUP, INC - ACE ICE TransportationPrairie Village Liquor Store216138 180 MINNESOTA GFOADues & SubscriptionsFinance215826 175 MERSCDues & SubscriptionsOrganizational Services1000128 172 BOYER TRUCKSEquipment PartsFleet Operating216595 171 WOODLAND HILL VINEYARDS LLC Wine DomesticPrairie View Liquor Store216479 170 IACPDues & SubscriptionsPolice215993 170 AMERICAN BOTTLING COMPANY, THE Misc TaxablePrairie View Liquor Store4381 170 OPTUM HEALTH FINANCIAL SERVICE Other Contracted ServicesHealth and Benefits
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation4403 170 OPTUM HEALTH FINANCIAL SERVICE Other Contracted ServicesHealth and Benefits216435 169 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs - SecurityPark Shelters215881 169 AMERIPRIDE LINEN & APPAREL SER Repair & Maint. SuppliesPrairie View Liquor Store215999 169 BAJDA, NADIDeposits-P&R RefundsCommunity Center Admin216048 169 FEELY, RICHARDAR UtilityWater Enterprise Fund216052 168 FLYING CLOUD T/S #U70Waste DisposalPark Maintenance215884 168 ASPEN MILLSClothing & UniformsPolice215906 168 ENTERTAINMENT PUBLICATIONS INC DepositsEscrow215785 167 CALIFORNIA CONTRACTORS SUPPLIE Safety SuppliesUtility Operations - General216114 166 LENQUE, RICK & JOANAR UtilityWater Enterprise Fund216066 165 GRIFFIN, CEDRICAR UtilityWater Enterprise Fund216008 163 BOURGET IMPORTSTransportationDen Road Liquor Store216082 162 HOBARTContract Svcs - Garden Romm Garden Room Repairs216333 162 MATSON, TOMSmall ToolsFleet Operating1000216 160 SCRAP METAL PROCESSORS INCEquipment PartsFleet Operating1000298 160 SCRAP METAL PROCESSORS INCWaste DisposalFleet Operating1000134 160 FASTENAL COMPANYOperating SuppliesPark Maintenance216013 159 CERTIFIED APPLIANCE RECYCLING Waste DisposalCity Hall - CAM215793 158 DOMACE VINOTransportationPrairie Village Liquor Store216372 158 SHAMROCK GROUP, INC - ACE ICE TransportationPrairie View Liquor Store1000141 156 NEXT DAY GOURMETOperating SuppliesConcessions216351 156 OMEGA INDUSTRIESSmall ToolsPark Maintenance1000198 156 GUNDERSON, CONSTANCE L.Instructor ServiceArts Center215943 155 MINNESOTA WANNER COMPANYCapital Under $10,000Snow & Ice Control216041 155 EDEN PRAIRIE CHAMBER OF COMMER Dues & SubscriptionsDen Road Liquor Store216243 153 WOODLAND HILL VINEYARDS LLC Wine DomesticPrairie View Liquor Store216170 152 QUALITY PROPANEMotor FuelsIce Arena Maintenance215983 152 DUPONT, BRENTTuition Reimbursement/School Police215984 152 GEIS, ROBTuition Reimbursement/School Police215958 151 R & R SPECIALTIES OF WISCONSIN Repair & Maint - Ice RinkIce Arena Maintenance215882 150 ANCHOR BUILDERSOther Contracted ServicesRehab216068 150 HANSCOM, TIMRefundsEnvironmental Education216106 150 KING, RYANOther Contracted ServicesBroomball216527 150 NATIONAL TACTICAL OFFICERS ASS Dues & SubscriptionsPolice216480 150 INFRATECHEquipment Repair & MaintSewer System Maintenance215917 149 HENNEPIN COUNTY TREASURERLicenses, Permits, TaxesSenior Center Programs216213 148 THOMAS, SHEILAAR UtilityWater Enterprise Fund215783 146 BERTELSON TOTAL OFFICE SOLUTIO Office SuppliesUtility Operations - General216226 145 VOS, PETERRefundsEnvironmental Education215985 144 440400 - NCPERS MINNESOTAPERAHealth and Benefits1000252 143 PRAIRIE ELECTRIC COMPANYContract Svcs - ElectricalCity Hall - CAM216344 142 MPX GROUP, THEPrintingFire216277 141 DIRECTVCable TVCommunity Center Admin215779 141 AMERIPRIDE LINEN & APPAREL SER Janitor ServicePrairie Village Liquor Store4398 140 VANCO SERVICESMiscellaneousCommunity Center Admin215920 137 HORIBA JOBIN YVON INCOffice SuppliesPolice216137 135 MINNESOTA CRIME PREVENTION ASS Dues & SubscriptionsPolice216502 135 LEROY JOB TRUCKING INCOther Contracted ServicesAnimal Control215834 135 OLSEN COMPANIESOperating SuppliesPark Maintenance216346 134 MURPHY MACHINE INCEquipment Repair & MaintWater Treatment Plant1000126 134 ADAMS PEST CONTROL INCOther Contracted ServicesUtility Operations - General
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation216174 133 R & R SPECIALTIES OF WISCONSIN Repair & Maint - Ice RinkIce Arena Maintenance1000226 133 A TO Z RENTAL CENTEREquipment Repair & MaintPark Maintenance216317 133 J&R RADIATOR CORPEquipment PartsFleet Operating216136 130 MINNESOTA CHIEFS OF POLICE ASS Dues & SubscriptionsPolice216439 129 CALIFORNIA CONTRACTORS SUPPLIE Small ToolsSewer Liftstation1000306 129 W P & R S MARS COEquipment PartsFleet Operating216417 129 AMERICAN BOTTLING COMPANY, THE Misc TaxablePrairie View Liquor Store216101 129 JOHNSTONE SUPPLYSupplies - ElectricalDen Bldg. - CAM216254 128 AMERICAN BOTTLING COMPANY, THE Misc TaxableDen Road Liquor Store216459 127 EDEN PRAIRIE WINLECTRICSmall ToolsPark Maintenance1000170 126 A TO Z RENTAL CENTEREquipment Repair & MaintPark Maintenance216102 125 KALLIGHER, ANDREAMileage & ParkingCommunity Center Admin215934 124 MCWATERS, LORENEDepositsEscrow215789 123 CLAREYS INCClothing & UniformsPark Maintenance215830 121 MINNESOTA WANNER COMPANYEquipment PartsSnow & Ice Control216467 121 GETSCHOW, RICKMileage & ParkingAdministration216088 120 IACPDues & SubscriptionsPolice216314 120 IACPDues & SubscriptionsPolice216387 120 TRI COUNTY BEVERAGE & SUPPLY Misc Non-TaxableDen Road Liquor Store216078 119 HENNEPIN COUNTY TREASURERWaste DisposalPark Maintenance216448 118 CUB FOODS EDEN PRAIRIEOperating SuppliesInternal Events216039 118 DOSTAL, DANOperating SuppliesFire215780 118 AUTO ELECTRIC SPECIALISTSEquipment PartsFleet Operating1000230 117 CERIDIANCeridianIT Operating1000242 117 HD SUPPLY FACILITIES MAINTENAN Supplies - HVACCity Hall - CAM215988 116 AARP DRIVER SAFETY PROGRAMOther Contracted ServicesSenior Center Programs4396 116 VANCO SERVICESMiscellaneousCommunity Center Admin216129 115 METRO APPLIANCE RECYCLINGWaste DisposalFleet Operating216390 115 UNIFORMS UNLIMITEDClothing & UniformsReserves216525 115 MUSSELL, KATELINOther Contracted ServicesVolleyball1000147 115 W P & R S MARS COEquipment PartsFleet Operating216285 114 FIETEK, CHRISMileage & ParkingPolice1000256 114 SHRED-IT USA INCWaste DisposalCity Center Operations216218 114 UNDERHILL, JOSEPHINE AAR UtilityWater Enterprise Fund216583 111 VARITECH INDUSTRIES INCEquipment PartsStreet Maintenance216519 110 MINNESOTA SAFETY COUNCILOffice SuppliesCustomer Service1000158 110 JASON'S DELIOperating SuppliesPolice1000150 109 ASPEN EQUIPMENT CO.Equipment PartsFleet Operating216055 109 FRICKE, LARSAR UtilityWater Enterprise Fund216362 108 RAY, LEEOther Contracted ServicesBasketball216545 108 RAY, LEEOther Contracted ServicesBasketball216108 107 KOMMARAJU, ARILAR UtilityWater Enterprise Fund1000189 107 FEDEXPager & Cell PhonePublic Safety Communications216468 107 GRAND PERE WINES INCTransportationDen Road Liquor Store1000258 107 STATE SUPPLY COMPANYSupplies - PlumbingCity Hall - CAM1000285 106 JASON'S DELIOperating SuppliesPolice215820 106 LOCATORS & SUPPLIES INCOperating SuppliesTraffic Signals216464 106 FEDERAL SIGNAL CORPORATIONEquipment Repair & MaintFleet Operating1000304 105 VIKING ELECTRIC SUPPLYRepair & Maint. SuppliesDen Road Liquor Store215949 103 OLSEN'S EMBROIDERY/COMPANY Clothing & UniformsPolice215997 102 AT&T MOBILITYPager & Cell PhonePark Maintenance
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation1000267 102 ADAMS PEST CONTROL INCContract Svcs - Pest Control Outdoor Center Facilities215885 100 ASSOCIATION OF MN EMERGENCY MA Dues & SubscriptionsPolice216001 100 BARRETT, ADAMRefundsEnvironmental Education216022 100 CLEMENT, DEREKRefundsEnvironmental Education216051 100 FLORENZANO, DAVIDRefundsEnvironmental Education216059 100 GANDRUD, DAVIDProtective ClothingFire216117 100 LONG, THOMASRefundsEnvironmental Education216227 100 WALLER, NICOLERefundsEnvironmental Education216289 100 GOPHER STATE ONE-CALLOCS-Leak DetectionUtility Operations - General216367 100 ROTSCHAFER, LINDARefundsEnvironmental Education216396 100 WILKER, DAVIDRefundsEnvironmental Education216521 100 MISMASH, MIKERefundsEnvironmental Education216565 99 SPECIALTY STORE SERVICESOperating SuppliesDen Road Liquor Store216325 98 JOHNSON, JAMES WRefundsEnvironmental Education216412 98 PETTY CASH-EPCC215981 98 WORLD WIDE CELLARS INCTransportationPrairie View Liquor Store216368 96 SCHIPULL, JEFFOther Contracted ServicesBasketball216556 96 SCHIPULL, JEFFOther Contracted ServicesBasketball1000300 96 SHRED-IT USA INCWaste DisposalCity Center Operations215797 95 GETTMAN COMPANYMisc TaxableDen Road Liquor Store215860 95 VINOANDESTransportationPrairie View Liquor Store216175 95 RASPA, NICKAR UtilityWater Enterprise Fund216040 95 EARL F ANDERSEN INCSignsTraffic Signs215931 94 LIBERTY TIRE RECYCLING - MNWaste DisposalFleet Operating216003 94 BAUMERT, SARAHDeposits-P&R RefundsCommunity Center Admin216366 94 ROSEMOUNT SAW & TOOL COEquipment Repair & MaintFleet Operating216461 93 ELLIS, ROBERTMileage & ParkingEngineering216036 93 DIRECTVCable TVCommunity Center Admin215883 92 APCO INTERNATIONALDues & SubscriptionsPolice216326 92 KALLIN, LAWRENCE EOther Contracted ServicesVolleyball216074 91 HENNEPIN CO TAXPAYER SERVICES Software MaintenanceIT Operating216604 91 VINCENT, SAMUELDepositsEscrow216482 90 J P COOKE CO, THEOffice SuppliesCustomer Service1000217 90 SENIOR COMMUNITY SERVICESOther Contracted ServicesSenior Center Programs215969 88 TOM'S WINDOW CLEANINGJanitor Service - General Bldg Den Road Liquor Store216094 86 J H LARSON COMPANYSupplies - ElectricalCity Hall - CAM216415 86 AARP DRIVER SAFETY PROGRAMOther Contracted ServicesSenior Center Programs216316 86 J H LARSON COMPANYSupplies - ElectricalCity Hall - CAM216286 85 G & K SERVICES-MPLS INDUSTRIAL Other Contracted ServicesPark Maintenance216016 85 CHASKA PARKS AND RECREATION Operating SuppliesCC-Special Events & Trips216342 85 MINNESOTA REAL ESTATE JOURNAL Dues & SubscriptionsAssessing1000238 85 GINA MARIAS INCOperating SuppliesFire216523 85 MORRISON, MARKRefundsEnvironmental Education215902 84 DUNFORD, ANNETTEDeposits-P&R RefundsCommunity Center Admin1000201 83 JASON'S DELIOperating SuppliesPolice1000162 82 NUCO2 INCSupplies - PoolPool Maintenance216250 82 AARP DRIVER SAFETY PROGRAMOther Contracted ServicesSenior Center Programs216164 80 PLYMOUTH, CITY OFTuition Reimbursement/School Police216215 80 TIMMERMAN, CRAIGAR UtilityWater Enterprise Fund1000188 80 FASTENAL COMPANYEquipment PartsFleet Operating216481 79 IVERSON, MARGARETDeposits-P&R RefundsCommunity Center Admin
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation216069 78 HARRILL, BETHDeposits-P&R RefundsCommunity Center Admin215817 77 KRAEMERS HARDWARE INCSupplies - General BldgFitness/Conference - Cmty Ctr215777 77 AMARA WINES LLCTransportationDen Road Liquor Store216466 76 FIETEK, CHRISClothing & UniformsPolice216091 75 INTERNATIONAL ASSOCIATION OF A Dues & SubscriptionsFire216158 75 PESHECK, PHILIPAR UtilityWater Enterprise Fund216364 75 RONCHAK, LORISpecial Event FeesRed Hat216547 75 RECYCLING ASSOCIATION OF MINNE Dues & SubscriptionsRecycle Rebate1000269 74 BOUNDLESS NETWORKClothing & UniformsFacilities Staff216235 74 WHITE, NICOLEMileage & ParkingTherapeutic Rec Admin216184 73 RIVERA, FRANKAR UtilityWater Enterprise Fund216569 73 STAR TRIBUNE MEDIA COMPANY LLC Dues & SubscriptionsUtility Operations - General216191 72 SEVENICH, WENDYMileage & ParkingCommunity Center Admin1000152 72 BOYER TRUCKSEquipment PartsFleet Operating216273 72 COMCASTOperating SuppliesFire1000295 71 PRIORITY COURIER EXPERTSEquipment Repair & MaintFleet Operating1000143 71 SHRED-IT USA INCWaste DisposalCity Center Operations216107 71 KNUDTSON, STEVEMiscellaneousBroomball216112 70 LAURSEN, ANTHONYTuition Reimbursement/School Fire216233 70 WELTER, RAYEmployment Support TestFire216265 70 BROWN, KEVINTuition Reimbursement/School Police215907 69 EXTREME BEVERAGEMisc TaxableDen Road Liquor Store215806 68 IND SCHOOL DIST 272Building RentalCommunity Band215935 67 MENARDSSmall ToolsPark Maintenance1000215 67 RIGID HITCH INCORPORATEDEquipment PartsFleet Operating216557 66 SHAMROCK GROUP, INC - ACE ICE TransportationDen Road Liquor Store215992 66 ALTERNATIVE BUSINESS FURNITURE Supplies - ElectricalCity Center Operations215828 66 MIDWEST ASPHALT CORPORATION Repair & Maint. SuppliesStorm Drainage216504 65 MAMAMiscellaneousAdministration216056 64 FSH COMMUNICATIONS LLCTelephoneRound Lake216338 64 MICRO CENTER A/ROther HardwareIT Operating1000243 64 HORIZON COMMERCIAL POOL SUPPLY Supplies - PoolPool Maintenance1000218 64 SPRINTTelephoneEngineering216483 64 JAYASARIYA, LAWRENCERefundsEnvironmental Education216538 63 PETSMARTCanine SuppliesPolice215995 62 AMERIPRIDE LINEN & APPAREL SER Repair & Maint. SuppliesDen Road Liquor Store216516 62 MINNESOTA CHIEFS OF POLICE ASS PrintingPolice215786 62 CENTRAL ENVELOPE CORPPrepaid ExpensesGeneral Fund215952 61 PETSMARTCanine SuppliesPolice215823 60 MACTOperating SuppliesTheatre Initiative216014 60 CHANGEMAKERInstructor ServiceSenior Center Programs216187 60 ROUSE, WMAR UtilityWater Enterprise Fund216209 60 TAYLOR, EMILYInstructor ServiceArts Center1000194 60 GINA MARIAS INCOperating SuppliesFire216072 59 HEFFERAN, CINDIOperating SuppliesDay Care216093 56 IVERSON, MARGARETDeposits-P&R RefundsCommunity Center Admin216361 54 RAMOS, JULIAInstructor ServiceArts Center215808 54 JANEX INCCleaning SuppliesCity Center Operations1000233 53 DMX MUSICOther Contracted ServicesPrairie Village Liquor Store216306 53 HENNEPIN COUNTY TREASUREROperating Supplies-Escrow Planning216210 51 TEICHMAN, DIANEAR UtilityWater Enterprise Fund
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation216180 50 RICHFIELD, CITY OFLicenses & TaxesFleet Operating4379 50 GENESIS EMPLOYEE BENEFITS, INC HRAHealth and Benefits216027 50 CUI, BENTAOAR UtilityWater Enterprise Fund216038 50 DONAHUE, WILLIAMRefundsEnvironmental Education216177 50 REIER, DAVIDRefundsEnvironmental Education216278 50 DULAC, KIRKRefundsEnvironmental Education216318 50 JAYASARIYA, LAWRENCERefundsEnvironmental Education216350 50 OLSON, JAMESRefundsEnvironmental Education216526 50 MWOADues & SubscriptionsUtility Operations - General215855 48 TRI COUNTY BEVERAGE & SUPPLY Misc Non-TaxablePrairie View Liquor Store1000202 48 LAB SAFETY SUPPLY INCSupplies - PlumbingPublic Works/Parks216379 46 SPERR, MARKOther Contracted ServicesVolleyball215901 46 DIRECTVOperating SuppliesPolice215963 45 SPRINTOther Contracted ServicesPolice1000286 45 KIDCREATE STUDIOInstructor ServiceArts Center216283 44 FAGNANT, SUSANInstructor ServiceOutdoor Center216570 43 STATE OF MINNESOTAMiscellaneousDWI Forfeiture216153 43 OMEGA INDUSTRIESSafety SuppliesPark Maintenance215970 42 UNIFORMS UNLIMITEDClothing & UniformsPolice216334 41 MEDICINE LAKE TOURSSpecial Event FeesTrips216023 41 COMCASTOperating SuppliesFire215831 40 MN PRIMAOffice SuppliesCustomer Service216081 40 HICKMAN, JONInstructor ServiceOutdoor Center216105 40 KELM, GREGORYDepositsCommunity Center Admin216159 40 PETERSON, JOHN & HARRIETDepositsCommunity Center Admin216186 40 ROONEY, PAUL & AUDREYDepositsCommunity Center Admin216424 40 AT&TOther Contracted ServicesPolice216452 40 DILLEY, KATHLEENDepositsCommunity Center Admin216496 40 LAMBERTY, DAVIDDepositsCommunity Center Admin216537 40 PETERSON, JOHN & HARRIETDepositsCommunity Center Admin216553 40 ROONEY, PAUL & AUDREYDepositsCommunity Center Admin216554 40 SARLES, DONALD & KATHLEENDepositsCommunity Center Admin216035 37 DETLOFF MANAGEMENTAR UtilityWater Enterprise Fund216434 37 BERTELSON TOTAL OFFICE SOLUTIO Office SuppliesUtility Operations - General216257 37 ASPEN MILLSClothing & UniformsPolice216403 36 WOMEN IN LEISURE SERVICESConference ExpenseRecreation Admin215909 35 FMAMDues & SubscriptionsFire216075 35 HENNEPIN COUNTY HISTORICAL SOC Dues & SubscriptionsHeritage Preservation216349 35 OLSEN COMPANIESOperating SuppliesPark Maintenance1000167 33 SHRED-IT USA INCOther Contracted ServicesCommunity Center Admin215824 33 MATSON, TOMSmall ToolsStreet Maintenance216204 32 STEWART, CHARLESDeposits-P&R RefundsCommunity Center Admin216465 32 FERRELLGASEquipment PartsFleet Operating216121 31 MALLO, JOHN EEquipment Repair & MaintSenior Center Admin216047 31 EVERWOOD CO LLCAR UtilityWater Enterprise Fund216017 30 CHILDS, DOUGAR UtilityWater Enterprise Fund216220 30 UNITED FIREFIGHTERS ASSNDues & SubscriptionsFire216234 30 WETLAND PROFESSIONALS ASSOCIA Dues & SubscriptionsStorm Drainage216347 30 MWOAConference ExpenseUtility Operations - General216456 30 DUPONT, JOSEPH & DOROTHYDepositsCommunity Center Admin216477 30 HJERMSTAD, RODNEY & TERIDepositsCommunity Center Admin
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation4397 30 VANCO SERVICESBank and Service ChargesSewer Utility - General216429 29 BATCHLOR, DEREKDeposits-P&R RefundsCommunity Center Admin216432 29 BEARD, SHELLYDeposits-P&R RefundsCommunity Center Admin1000253 29 PRIORITY COURIER EXPERTSEquipment Repair & MaintFleet Operating216287 27 GENERAL SPRINKLERCash Over/ShortGeneral Fund215938 25 MINN OFFICE OF ENTERPRISE TECH Other Contracted ServicesPolice216019 25 CIT INTERNATIONAL, INCPrintingPolice216026 23 CRAMPTON, DOUGAR UtilityWater Enterprise Fund1000249 22 MINNESOTA ATHLETIC APPARELClothing & UniformsFire215849 22 STATE OF MINNESOTAMiscellaneousDWI Forfeiture216203 22 STATE OF MINNESOTAMiscellaneousDWI Forfeiture216409 22 RICHFIELD, CITY OFAutosPolice216410 22 RICHFIELD, CITY OFAutosPolice1000297 21 QUICKSILVER EXPRESS COURIEROther Contracted ServicesCommunications216430 21 BATTERIES PLUSOperating SuppliesPark Maintenance216015 21 CHAO, JEANAR UtilityWater Enterprise Fund216006 20 BOHNSACK, LOISDepositsCommunity Center Admin216009 20 BROWN, ARLENEDepositsCommunity Center Admin216010 20 CABILOT, AUDREYDepositsCommunity Center Admin216037 20 DOHRMANN, RICHARDDepositsCommunity Center Admin216073 20 HEITKAMP, JOYCEDepositsCommunity Center Admin216118 20 LUDVIG, DAVIDDepositsCommunity Center Admin216124 20 MCGUIRE, MICHAELDepositsCommunity Center Admin216134 20 MILLER, JAMES W.DepositsCommunity Center Admin216146 20 NICHOLLS, KENNETHDepositsCommunity Center Admin216152 20 OLSON, KATHLEENDepositsCommunity Center Admin216185 20 ROBLE, JASONDepositsCommunity Center Admin216189 20 SCHAAF, GEORGEDepositsCommunity Center Admin216207 20 SYVERSON, HARLANDepositsCommunity Center Admin216214 20 THORFINNSON, ALEXDepositsCommunity Center Admin216307 20 HENNEPIN TECHNICAL COLLEGETuition Reimbursement/School Fire216369 20 SCHRAM, JUSTINTuition Reimbursement/School Fire216422 20 ARIETA, NANCYDepositsCommunity Center Admin216425 20 AZAM, SYED NUSDepositsCommunity Center Admin216446 20 CRUZ, EFRAIN DELADepositsCommunity Center Admin216450 20 DAHLSTROM, JACQUELYNNDepositsCommunity Center Admin216451 20 DECLERCQ, NICOLEDepositsCommunity Center Admin216484 20 JENSEN, LEEDepositsCommunity Center Admin216508 20 MCGUIRE, MICHAELDepositsCommunity Center Admin216515 20 MILLER, JAMES W.DepositsCommunity Center Admin216532 20 OLSON, KATHLEENDepositsCommunity Center Admin216543 20 PROCTOR, MILDREDDepositsCommunity Center Admin216550 20 RISLOVE, LOUISEDepositsCommunity Center Admin216560 20 SNEER, JAMESDepositsCommunity Center Admin216564 20 SPEAK, HEIDIDepositsCommunity Center Admin216576 20 THORFINNSON, ALEXISDepositsCommunity Center Admin216585 20 VIDMAR, EDDepositsCommunity Center Admin216587 20 WARRICK, ROBERTDepositsCommunity Center Admin216423 18 ASPEN MILLSClothing & UniformsPolice216393 17 WACONIA FARM SUPPLYSmall ToolsPark Maintenance216070 17 HAYES, PAULDepositsEscrow
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation216150 16 OLSEN COMPANIESEquipment PartsFleet Operating1000190 16 FEDEX KINKO'S OFFICE AND PRINT AdvertisingDen Road Liquor Store1000191 16 FEDEX KINKO'S OFFICE AND PRINT AdvertisingPrairie View Liquor Store1000192 16 FEDEX KINKO'S OFFICE AND PRINT AdvertisingPrairie Village Liquor Store216179 16 RICHFIELD, CITY OFLicenses & TaxesFleet Operating216352 16 OPHOVEN SAW SERVICEEquipment Repair & MaintSenior Center Admin216211 15 TESCH, DONALDDepositsCommunity Center Admin216438 15 BRISBOIS, JOEDepositsCommunity Center Admin216490 15 JULIE, ARLENEDepositsCommunity Center Admin216493 15 KOCH, KARENDepositsCommunity Center Admin216505 15 MARIOTTI, DONALDDepositsCommunity Center Admin216548 15 REID, GWENDADepositsCommunity Center Admin216571 15 STELLBURG, DENNISDepositsCommunity Center Admin216575 15 TESCH, DONALDDepositsCommunity Center Admin216018 14 CHRYST, DANIEL RDepositsEscrow1000266 13 A TO Z RENTAL CENTEREquipment Repair & MaintFleet Operating215950 13 OPHOVEN SAW SERVICEEquipment Repair & MaintSenior Center Admin215929 12 KRAEMERS HARDWARE INCSupplies - General BldgOutdoor Center Facilities216230 11 WATSON, LINDAAR UtilityWater Enterprise Fund216501 10 LEER, PATDeposits-P&R RefundsCommunity Center Admin2161429 MINNESOTA VALLEY ELECTRIC COOP ElectricRiley Creek Woods2162718 CHRISTENSEN, MARGEAccounts ReceivableCommunity Center Admin2165786 TOLL GAS AND WELDING SUPPLY Repair & Maint. SuppliesWater Treatment Plant2161725 QUALLEY, ANNDeposits-P&R RefundsCommunity Center Admin2164495 DAHL, GAYLEDeposits-P&R RefundsCommunity Center Admin2161095 KRAEMERS HARDWARE INCSupplies - General BldgFitness/Conference - Cmty Ctr2164944 KRAEMERS HARDWARE INCSupplies - General BldgFitness/Conference - Cmty Ctr10002092 NORTHERN SAFETY TECHNOLOGY INC Equipment PartsFleet Operating7,676,849 Grand Total
City of Eden PrairiePurchasing Card Payment ReportDecember 2011 PurchasesAmount Explanation Vendor Account Description Business Unit206 US-Shop supplies HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance65 US-Shop supplies MENARDS Small Tools Park Maintenance69 US-Gauge POLLARD WATER Equipment Parts Water System Maintenance55 US-Collection Test MINNESOTA POLLUTION CONTROL AG Conference Expense Sewer System Maintenance9 US-Kitchen Supplies RAINBOW FOODS INC. Operating Supplies Senior Center Admin930 US-Holiday Lunch KOWALSKI'S MARKET Special Event Fees Senior Center Programs10 US-Quilting Supplies JO-ANN FABRIC Operating Supplies Senior Center Programs99 US-Senior Center Supplies WALMART COMMUNITY Operating Supplies Senior Center Admin3 US-Woodshop Supplies MENARDS Equipment Repair & Maint Senior Center Programs-10 US-Refund WALMART COMMUNITY Equipment Repair & Maint Senior Center Programs610 US-Kitchen Supplies KATOM RESTAURNT SUPPLY Operating Supplies Senior Center Admin-10 US-Return JO-ANN FABRIC Operating Supplies Senior Center Programs177 US-Picnic Table Lumber MENARDS Building Materials Park Maintenance15 US-Irrigation Parts NAPA AUTO PARTS Repair & Maint. Supplies Water System Maintenance46 US-Item Returned NAPA AUTO PARTS Equipment Repair & Maint Park Maintenance362 US-Paint for Tables SHERWIN WILLIAMS CO Building Materials Park Maintenance67 US-Table Painting supplies HOME DEPOT CREDIT SERVICES Building Materials Park Maintenance59 US-X-mas Decorations-Shop MENARDS Repair & Maint. Supplies Storm Drainage84 US-Water DVD's FEDEX Operating Supplies Water Metering15 US-License Renewal MINNESOTA DEPARTMENT OF AGRICU Licenses, Permits, Taxes Park Maintenance161 US-Chain Saw Equipment TWIN CITY SAW & SERVICE Equipment Repair & Maint Park Maintenance133 US-ICC Class ICC Tuition Reimbursement/School Fire133 US-ICC Class ICC Tuition Reimbursement/School Fire266 US-ICC Class ICC Tuition Reimbursement/School Fire399 US-ICC Class ICC Tuition Reimbursement/School Fire43 US-Meeting PARTY CITY Operating Supplies Fire243 US-Ontime PANERA BREAD Operating Supplies Fire70 US-Basic EMT EMTS Employment Support Test Fire62 US-Burt S Funeral PANERA BREAD Operating Supplies Fire30 US-Dinner PANERA BREAD Operating Supplies Fire15 US-Pesticide License Renewal MINNESOTA DEPARTMENT OF AGRICU Licenses, Permits, Taxes Park Maintenance370 US-Training Conference MN NURSERY & LANDSCAPE Conference Expense Park Maintenance26 US-Gas for C-1 vehicle HOLIDAY STATION STORES INC Operating Supplies Fire55 US-Mutual Aid Call-Breakfast MCDONALDS Operating Supplies Fire43 US-Parts for 250 NORTHERN TOOL & EQUIPMENT Repair & Maint. Supplies Fire39 US-Dues AEAP Dues & Subscriptions Planning15 US-Charge being Disputed FREECREDITSCORE.COM Deposits Escrow600 US-Display Boards DISPLAYS2GO Operating Supplies Police13 US-Postage-Return Property UNITED STATES POSTAL SERVICE Operating Supplies Police24 US-Forensic Supplies BEST BUY Miscellaneous IT Operating516 US-Forensic Supplies PARABEN CORPORATION Bank and Service Charges IT Operating392 US-Forensic Supplies MICRO CENTER A/R Miscellaneous IT Operating9 US-Forensic Supplies CELL PHONE SHOP Miscellaneous IT Operating34 US-Senior Center Supplies EREPLACEMENTPARTS.COM Equipment Repair & Maint Park Maintenance21 US-Irrigation Tool MENARDS Small Tools Park Maintenance124 US-Shelves - Shop MENARDS Building Repair & Maint. Park Maintenance86 US-Tools for shop HOME DEPOT CREDIT SERVICES Small Tools Park Maintenance
Amount ExplanationVendorAccount DescriptionBusiness Unit31 US-Inadvertent Personal UseHOLIDAY STATION STORES INCDepositsEscrow128 US-HammerHOME DEPOT CREDIT SERVICESSmall ToolsStreet Maintenance17 US-Parking-MeetingGAVIIDAE COMMON RAMPMileage & ParkingCommunity Development Admin.417 US-Bumper #442VIKING AUTO SALVAGEEquipment PartsFleet Operating20 US-Equipment PartsMILLS FLEET FARMEquipment Repair & MaintPark Maintenance13 US-Chain Saw PartsMILLS FLEET FARMEquipment Repair & MaintPark Maintenance-14 US-RefundMILLS FLEET FARMEquipment Repair & MaintPark Maintenance64 US-ShelvingMENARDSBuilding MaterialsPark Maintenance14 US-EP On TrackCUB FOODS EDEN PRAIRIETraining SuppliesOrganizational Services105 US-WebinarAMERICAN PAYROLL ASSOCIATION Conference ExpenseHuman Resources547 US-FD Mission Signs-FramesMARKETING DISPLAYS INTERNATION Operating SuppliesFire29 US-Memorial EffortWEGGY'S BAR AND GRILLOperating SuppliesFire32 US-Small ShovelsMENARDSSmall ToolsFire14 US-Transaction Fee'sPAYPAL INCBank and Service ChargesUtility Operations - General20 US-E-Permit Web SecurityPAYPAL INCEquipment Repair & MaintIT Operating40 US-UB Online ProcessingPAYPAL INCBank and Service ChargesUtility Operations - General40 US-UB Recurring Credit CardsPAYPAL INCBank and Service ChargesUtility Operations - General3,410 US-Nov2011 Bldg SurchgsDEPT OF LABOR & INDUSTRYBuilding SurchargeGeneral Fund985 US-Nov2011 Bldg SurchgsDEPT OF LABOR & INDUSTRYMechanical SurchargeGeneral Fund514 US-Nov2011 Bldg SurchgsDEPT OF LABOR & INDUSTRYPlumbing SurchargeGeneral Fund-98 US-Nov2011 Bldg SurchgsDEPT OF LABOR & INDUSTRYOther RevenueGeneral Fund13 US-Café FoodCRUMB GOURMET DELIMerchandise for ResaleConcessions213 US-Café FoodWALMART COMMUNITYMerchandise for ResaleConcessions26 US-Café FoodCRUMB GOURMET DELIMerchandise for ResaleConcessions184 US-Office SuppliesOFFICEMAX CREDIT PLANOperating SuppliesCommunity Center Admin165 US-Pro ShopSPORTS WORLD USA INCMerchandise for ResaleConcessions83 US-Café FoodWALMART COMMUNITYMerchandise for ResaleConcessions21 US-Café FoodFRESH SEASONS MARKETMerchandise for ResaleConcessions16 US-Café FoodFRESH SEASONS MARKETMerchandise for ResaleConcessions37 US-Café FoodRAINBOW FOODS INC.Merchandise for ResaleConcessions344 US-Café FoodWALMART COMMUNITYMerchandise for ResaleConcessions98 US-Café FoodWALMART COMMUNITYMerchandise for ResaleConcessions26 US-Café FoodCRUMB GOURMET DELIMerchandise for ResaleConcessions201 US-Pro ShopSPORTS WORLD USA INCMerchandise for ResaleConcessions37 US-Café FoodWALMART COMMUNITYMerchandise for ResaleConcessions170 US-Café FoodWALMART COMMUNITYMerchandise for ResaleConcessions40 US-Café FoodWALMART COMMUNITYMerchandise for ResaleConcessions67 US-Café FoodCUB FOODS EDEN PRAIRIEMerchandise for ResaleConcessions997 US-Freezer for CaféNEXT DAY GOURMETCapital Under $10,000Concessions406 US-Café SuppliesNEXT DAY GOURMETOperating SuppliesConcessions186 US-Café FoodWALMART COMMUNITYMerchandise for ResaleConcessions11 US-Café FoodFRESH SEASONS MARKETMerchandise for ResaleConcessions33 US-Café FoodCRUMB GOURMET DELIMerchandise for ResaleConcessions50 US-Café FoodRAINBOW FOODS INC.Merchandise for ResaleConcessions187 US-Café FoodWALMART COMMUNITYMerchandise for ResaleConcessions117 US-Café FoodRAINBOW FOODS INC.Merchandise for ResaleConcessions15 US-Café FoodWALMART COMMUNITYMerchandise for ResaleConcessions26 US-Café FoodCRUMB GOURMET DELIMerchandise for ResaleConcessions88 US-Café FoodWALMART COMMUNITYMerchandise for ResaleConcessions54 US-SuppliesSTAPLESOperating SuppliesConcessions169 US-Café FoodWALMART COMMUNITYMerchandise for ResaleConcessions
Amount ExplanationVendorAccount DescriptionBusiness Unit54 US-Café FoodFRESH SEASONS MARKETMerchandise for ResaleConcessions39 US-Café FoodWALMART COMMUNITYMerchandise for ResaleConcessions90 US-BoltsFASTENAL COMPANYRepair & Maint. SuppliesSewer Liftstation11 US-BoltsFASTENAL COMPANYRepair & Maint. SuppliesSewer Liftstation99 US-iPad CoversAMAZON.COMOperating SuppliesCommunications30 US-Boot LinersBED BATH & BEYONDClothing & UniformsCommunications27 US-iPad Car AdapterTARGETOperating SuppliesCommunications385 US-Online CourseGLOBAL RISK INNOVATIONS INCTraining SuppliesFire327 US-iPad/AccessoriesNATIONAL PRODUCTS INCOperating SuppliesFire235 US-Council Workshop FoodTALKTODICKEYS.COMMiscellaneousCity Council33 US-Notary StampCROWN STAMP AND ENGRAVING CO Office SuppliesAdministration165 US-S Kelly Retirement GiftHALLMARKEmployee AwardOrganizational Services60 US-T Vernon Sunshine FundBACHMANS CREDIT DEPTDepositsEscrow225 US-Council Workshop FoodMILIO'S SANDWICHESMiscellaneousCity Council76 US-Item ReturnedFTD.COMDepositsEscrow-76 US-Item ReturnedFTD.COMDepositsEscrow19 US-Tools/TupperwareMENARDSRepair & Maint. SuppliesStorm Drainage55 US-Main Break-shady OakGINA MARIAS INCRepair & Maint. SuppliesWater System Maintenance277 US-Shop suppliesNAPA AUTO PARTSRepair & Maint. SuppliesUtility Operations - General13 US-Shop ToolFASTENAL COMPANYSmall ToolsWater System Maintenance17 US-Shop suppliesHOME DEPOT CREDIT SERVICESRepair & Maint. SuppliesWater System Maintenance5 US-Wood for mailbox postHOME DEPOT CREDIT SERVICESOperating SuppliesStreet Maintenance29 US-SuppliesHOME DEPOT CREDIT SERVICESOperating SuppliesStreet Maintenance32 US-SuppliesHOME DEPOT CREDIT SERVICESOperating SuppliesStreet Maintenance40 US-Strength Assestment for claOVERSTOCK.COMTuition Reimbursement/School Water Treatment Plant45 US-Boiler License RenewalMN DEPT. OF LABOR AND INDUSTRY Licenses, Permits, TaxesWater Treatment Plant163 US-BooksWALMART COMMUNITYTuition Reimbursement/School Water Treatment Plant393 US-Office SuppliesHOME DEPOT CREDIT SERVICESOperating SuppliesWater Treatment Plant38 US-Flasher BatteriesBATTERIES PLUSRepair & Maint. SuppliesStorm Drainage35 US-Bolts/WoodHOME DEPOT CREDIT SERVICESRepair & Maint. SuppliesStorm Drainage223 US-HoistOLSEN CHAIN & CABLESmall ToolsSewer Liftstation3 US-Handle Fill StationMENARDSEquipment PartsWater Metering129 US-Mini Vault Squad 293GANDER MOUNTAINOperating SuppliesPolice115 US-Equipment for Squad 293MACNEIL AUTOMOTIVE PRODUCTS Operating SuppliesPolice111 US-Traffic Counting TubesJAMAR TECHNOLOGIES INCOperating SuppliesEngineering697 US-SnowblowersHOME DEPOT CREDIT SERVICESSmall ToolsPark Maintenance70 US-Water CrystalsWATERSORBLandscape Materials/SuppPark Maintenance40 US-Crime Scene Tech SuppliesBASS PRO SHOPSOperating SuppliesPolice52 US-Canine SuppliesPETSUPPLIES.COMCanine SuppliesPolice14 US-Reserve CalendarCALENDAR WIZOperating SuppliesReserves74 US-Sign toolsHOME DEPOT CREDIT SERVICESSmall ToolsTraffic Signs52 US-Training SuppliesOFFICE DEPOT CREDIT PLANTraining SuppliesFire86 US-Training SuppliesOFFICE DEPOT CREDIT PLANTraining SuppliesFire27 US-Training SuppliesOFFICEMAX CREDIT PLANTraining SuppliesFire92 US-Training SuppliesAMAZON.COMTraining SuppliesFire57 US-Training SuppliesPENNWELLTraining SuppliesFire172 US-Training SuppliesFIRE PROTECTION PUBLICATIONSTraining SuppliesFire29 US-Holiday PartyPARTY CITYOffice SuppliesUtility Operations - General249 US-Keyboard SystemM&M CONTROL SERVICE INCCapital Under $10,000FF&E - Furn, Fixtures & Equip.1,784 US-HVAC Supplies/Boiler Contro M&M CONTROL SERVICE INCRepair & Maint. SuppliesCity Hall - CAM27 US-OrganizerORGANIZE-ITCapital Under $10,000FF&E - Furn, Fixtures & Equip.
Amount ExplanationVendorAccount DescriptionBusiness Unit56 US-Birthday Party SuppliesMICHAELS - THE ARTS & CRAFTS SOperating SuppliesArts Center157 US-Scripts-winter theatreSAMUEL FRENCH INCOperating SuppliesWinter Theatre4 US-suppliesRAINBOW FOODS INC.Operating SuppliesArts Center28 US-Popcorn for Theatre Meeting EDEN PRAIRIE COMMUNITY CENTER Operating SuppliesArts33 US-Volunteer SoftwareVOLGISTICSOther Contracted ServicesRecreation Admin69 US-Supplies for Art CenterTARGETOperating SuppliesArts Center127 US-Dry Cleaning-Table Clothes BEST CLEANERS INCOther Contracted ServicesCommunity Center Admin100 US-Table ClothesMYPAPERSHOP.COMOperating SuppliesBirthday Parties119 US-Table ClothesMYPAPERSHOP.COMOperating SuppliesCommunity Center Admin45 US-Holiday MeetingGINA MARIAS INCOperating SuppliesGeneral Fund23 US-TrainingEDEN PRAIRIE COMMUNITY CENTER MiscellaneousDay Care176 US-Play Care SuppliesS&S WORLDWIDEOperating SuppliesDay Care107 US-Desk SuppliesSTAPLESOffice SuppliesCommunity Center Admin158 US-B-day party equipmentGOPHER SPORTOperating SuppliesBirthday Parties100 US-Fit Kids EquipmentGOPHER SPORTOperating SuppliesFit Kids Club323 US-2011 Budget Sign ToolsHOME DEPOT CREDIT SERVICESSmall ToolsTraffic Signs8 US-DVDBEST BUYRepair & Maint. SuppliesWater Metering13 U-PaintMENARDSRepair & Maint. SuppliesWater Metering43 US-Critter FoodPETCOOperating SuppliesOutdoor Center81 US-Critter FoodPETCOOperating SuppliesOutdoor Center15 US-Critter FoodPETCOOperating SuppliesOutdoor Center192 US-Chainsaw HolderNET-TECH DISTRIBUTING INCEquipment PartsPark Maintenance15 US-License RenewalMINNESOTA DEPARTMENT OF AGRICU Licenses, Permits, TaxesPark Maintenance940 US-IWCE ConferenceIWCEEquipment Repair & MaintPublic Safety Communications105 US-TV Repair PartsENCOMPASS PARTS DISTRIBUTIONEquipment Repair & MaintPublic Safety Communications185 US-Lunch for Work groupCRUMB GOURMET DELITraining SuppliesWater Capital112 US-Lunch for Work groupDAVANNI'S PIZZATraining SuppliesWater Capital16 US-Member with lunchWOMEN IN LEISURE SERVICESConference ExpenseYouth Programs Admin79 US-Nonschool Day SnacksWALMART COMMUNITYOperating SuppliesCC-Special Events & Trips236 US-Nonschool Day TripBRUNSWICK BOWLING LANESOperating SuppliesCC-Special Events & Trips51 US-Nonschool Day TripBRUNSWICK BOWLING LANESOperating SuppliesCC-Special Events & Trips461 US-Nonschool Day TripCHUCK-E-CHEESEOperating SuppliesCC-Special Events & Trips378 US-Quick ScoreONCOURT OFFCOURT, INCRecreation SuppliesTennis105 US-Truck Inspection Decals 201 MINNESOTA STATE PATROLLicenses, Permits, TaxesFleet Operating323 US-Supplies-Adaptive Programs FLAGHOUSEOperating SuppliesNew Adaptive67 US-Video-Adaptive Programs/Cam THINKING MOVESOperating SuppliesNew Adaptive88 US-Sat. Night Out ProgramDAVANNI'S PIZZAOperating SuppliesSaturday Night Out12 US-Supplies-School's OutMICHAELS - THE ARTS & CRAFTS SOperating SuppliesCC-New Adaptive13 US-Supplies-School's OutTARGETOperating SuppliesCC-New Adaptive256 US-Staff TrainingMILIO'S SANDWICHESTraining SuppliesFitness Classes285 US-Instructor Training for LGIDISTRICT 196Training SuppliesPool Lessons89 US-Instructor LEC'sNETAConference ExpenseFitness Classes43 US-Batteries for Mic'sWALGREEN'S #5080Video & Photo SuppliesFitness Classes3,361 US-Items for Fitness CenterPOWER SYSTEMSCapital Under $10,000Fitness Classes250 US-Monthly Licensing FeeSCW FITNESSLicenses, Permits, TaxesFitness Classes129 US-Training VideoBEACHBODYTraining SuppliesPolice493 US-Training EquipmentAMAZON.COMTraining SuppliesPolice64 US-Training EquipmentAMAZON.COMTraining SuppliesPolice3,505 US-Flashlights for RiflesOPENAIRBRANDS.COMTraining SuppliesPolice450 US-TrainingNEXT LEVELTraining SuppliesPolice49 US-Training EquipmentBEACHBODYTraining SuppliesPolice
Amount ExplanationVendorAccount DescriptionBusiness Unit94 US-iPad AccessoriesAMAZON.COMComputersIT Operating70 US-iPad AccessoriesAMAZON.COMComputersIT Operating420 US-iPad AccessoriesAMAZON.COMComputersIT Operating132 US-iPad AccessoriesAMAZON.COMComputersIT Operating44 US-Labels for Label MakerAMAZON.COMComputersIT Operating141 US-Harddrive for BackupAMAZON.COMComputersIT Operating92 US-Laser Pointer for PresentatAMAZON.COMComputersIT Operating67 US-Video CablesAMAZON.COMComputersIT Operating184 US-Video CablesAMAZON.COMComputersIT Operating-34 US-RefundAMAZON.COMComputersIT Operating51 US-EOC Analog phonesAMAZON.COMComputersIT Operating43 US-Flashers 729MENARDSRepair & Maint. SuppliesStorm Drainage44 US-Supplies for Tool shop/BarrHOME DEPOT CREDIT SERVICESRepair & Maint. SuppliesStorm Drainage22 US-BarricadesMENARDSRepair & Maint. SuppliesStorm Drainage16 US-Velcro for SignsMENARDSRepair & Maint. SuppliesStorm Drainage39,745 Report Total
CITY COUNCIL AGENDA
SECTION: Report of the City Manager
DATE:
February 21, 2012
DEPARTMENT/DIVISION:
Office of the City Manager/
Finance, Sue Kotchevar
ITEM DESCRIPTION:
Resolution Authorizing Issuance,
Awarding Sale, Prescribing the Form and
Details and Providing for the Payment of
$5,230,000 General Obligation Crossover
Refunding Bonds, Series 2012A
ITEM NO.: XIV.B.1.
Requested Action
Move to: Adopt resolution author izing issuance, awarding sale, prescribing the form and details
and providing for the payment of $5,230,000 Gene ral Obligation Crossover Refunding Bonds,
Series 2012A.
Synopsis
The 2012A bonds will refinance the 2005C bonds which were issued to finance park
improvements and have an estimated savings of $330,000.
Attachments
Resolution
Escrow Agreement
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2012-___
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING
FOR THE PAYMENT OF $5,230,000 GENERAL OBLIGATION
CROSSOVER REFUNDING BONDS, SERIES 2012A
BE IT RESOLVED by the City Council (the “Council”) of the City of Eden Prairie,
Minnesota (the “City”), as follows:
SECTION 1. AUTHORIZATION AND SALE.
1.01. Authorization. Pursuant to a resolu tion adopted by this Council on January 17,
2012 and a public hearing held on October 18, 2011 giving approval for purposes of Section
147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), the City has determined
it to be in its best interests to issue its General Obligation Crossover Refunding Bonds, Series
2012A, in the principal amount of $5,230,000 (the “Bonds”), pursuant to Minnesota Statutes,
Chapter 475, to provide funds to be used to refinance, in a crossover refunding pursuant to
Minnesota Statutes, Section 475.67, sub. 13, the 2021 through 2026 maturities of the City’s
General Obligation Bonds, Series 2005C, dated, as originally issued, as of December 1, 2005,
and reissued as of April 17, 2007, which maturiti es are presently outstanding in the principal
amount of $4,920,000 (the “Refunded Bonds”). Janua ry 1, 2014 (the “Crossover Date”) is the
earliest date upon which the Refunded Bonds may be redeemed without payment of premium.
The refunding is being carried out for the purpose described in Minnesota Statutes, Section
475.67, subdivision 3, section (b)(2)(i) and in compliance with Mi nnesota Statutes, Chapter 475.
1.02. Sale. Pursuant to the Notice of Sale a nd the Official Statement prepared on behalf
of the City by Northland Securities, Inc., seal ed proposals for the purchase of the Bonds were
received at or before the time specified for receipt thereof. The proposals have been opened,
publicly read and considered and the purchase price, interest rates and net interest cost under the
terms of each proposal have been determined. Th e most favorable proposal received is that of
_______________________________, in ______________, ____________ (the “Purchaser”),
to purchase the Bonds at a price of $____________ plus accrued interest on all Bonds to the day
of delivery and payment, on the further terms and conditions hereinafter set forth.
1.03. Award. The sale of the Bonds is here by awarded to the Purchaser, and the Mayor
and City Manager are hereby authorized and directed to execute a contract on behalf of the City
for the sale of the Bonds in accordance with the Notice of Sale. The good faith deposit of the
Purchaser shall be retained and deposited by the City until the Bonds have been delivered and
shall be deducted from the purchase price paid at settlement.
1.04. Savings. It is hereby determined that:
(a) by the issuance of the Bonds, the City will realize a substantial interest rate
reduction, a gross savings of approxima tely $__________ and a present value savings
(using the yield on the Bonds, computed in a ccordance with Section 148 of the Code, as
the discount factor) of approximately $_________; and
(b) as of the Crossover Date, the sum of (i) the present value of the debt service
on the Bonds, computed to their stated maturity dates, after deducting any premium,
using the yield of the Bonds as the discount rate, plus (ii) any expe nses of the refunding
payable from a source other than the proceeds of the Bonds or investment earnings
thereon, is lower by _________% than the pres ent value of the debt service on the
Refunded Bonds, exclusive of any premium, co mputed to their stated maturity dates,
using the yield of the Bonds as the discount rate.
SECTION 2. BOND TERMS; REGISTRATION; EXECUTION AND DELIVERY.
2.01. Issuance of Bonds. All acts, conditi ons and things which are required by the
Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be
performed precedent to and in the valid issuance of the Bonds having been done, now existing,
having happened and having been performed, it is now necessary for the Council to establish the
form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith.
2.02. Maturities; Interest Rates; Denomina tions and Payment. The Bonds shall be
originally dated as of March 1, 2012, shall be in the denominati on of $5,000 each, or any integral
multiple thereof, of single maturities, shall mature on January 1 in the years and amounts stated
below, and shall bear interest from date of original issue until paid at the annual rates set forth
opposite such years and amounts, as follows:
Year
Principal
Amount
Interest
Rate
Year
Principal
Amount
Interest
Rate
2014 $110,000 2021 $240,000
2015 220,000 2022 220,000
2016 215,000 2023 80,000
2017 220,000 2024 55,000
2018 225,000 2025 50,000
2019 230,000 2026 45,000
2020 240,000
[REVISE MATURITY SCHEDUL E FOR ANY TERM BONDS]
Year
Principal
Amount
Interest
Rate
Year
Principal
Amount
Interest
Rate
2014 $110,000 2021 $240,000
2015 220,000 2022 220,000
2016 215,000 2023 80,000
2017 220,000 2024 55,000
2018 225,000 2025 50,000
2019 230,000 2026 45,000
2020 240,000
[REVISE MATURITY SCHEDUL E FOR ANY TERM BONDS]
Year
Principal
Amount
Interest
Rate
Year
Principal
Amount
Interest
Rate
2015 $35,000 2021 $555,000
2016 40,000 2022 840,000
2017 40,000 2023 865,000
2018 40,000 2024 885,000
2019 40,000 2025 910,000
2020 40,000 2026 940,000
[REVISE MATURITY SCHEDUL E FOR ANY TERM BONDS]
For purposes of complying with the maturity provisions of Minnesota Statutes, Section
475.54, subdivision 1, the maturity schedule for the Bonds is being combined with the maturity
schedules for the City’s other ou tstanding general obligation debt.
The Bonds shall be issuable only in fully registered form. The interest thereon and, upon
surrender of each Bond, the principal amount thereof shall be payable by check or draft issued by
the Registrar described herein, provided that, so long as the Bonds are registered in the name of a
securities depository, or a nominee thereof, in accordance with Section 2.08 hereof, principal and
interest shall be payable in accordance with the operational arrangements of the securities
depository.
2.03. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to
Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of
authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on
the Bonds shall be payable on January 1 and July 1, commencing January 1, 2013, each such
date being referred to herein as an Interest Pa yment Date, to the person in whose name the Bonds
are registered on the Bond Register, as hereinafter defined, at the Registrar’s close of business on
the fifteenth day of the calendar month next prec eding such Interest Payment Date, whether or
not such day is a business day. Interest sha ll be computed on the basis of a 360-day year
composed of twelve 30-day months.
2.04. Redemption. Bonds maturing in 2022 an d later years shall be subject to
redemption and prepayment at the option of the City, in whole or in part, in such order as the
City shall determine and within a maturity by lot as selected by the Registrar in multiples of
$5,000, on January 1, 2021, and on any date thereafter, at a price equal to the principal amount
thereof and accrued interest to the date of redemption.
[COMPLETE THE FOLLOWING PROVISI ONS IF THERE ARE TERM BONDS -
ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS]
[Bonds maturing on January 1, 20____ and 20____ (t he “Term Bonds”) shall be subject
to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this
Section 2.04 at a redemption pri ce equal to the stated principa l amount thereof plus interest
accrued thereon to the redemption date, without premium. The Registrar shall select for
redemption, by lot or other manner deemed fair, on January 1 in each of the following years the
following stated principal amounts of such Bonds:
Term Bonds Maturing January 1, 20__
Year Principal Amount
The remaining $_______________ stated principal amount of such Bonds shall be paid at
maturity on January 1, 20____.
Term Bonds Maturing January 1, 20__
Year Principal Amount
The remaining $_______________ stated principal amount of such Bonds shall be paid at
maturity on January 1, 20____.]
The City Manager shall cause notice of the call for redemption thereof to be published if
and as required by law and, at leas t thirty (30) days prior to th e designated redemption date, shall
cause notice of the call for redemption to be mailed, by first class mail, to the registered owners
of any Bonds to be redeemed at their addresses as they appear on the bond register described in
Section 2.06 hereof, but no defect in or failure to give such mailed notice of redemption shall
affect the validity of proceedings for the redemption of any Bond not affected by such defect or
failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of
Bonds so to be redeemed shall, on the redemption date, become due and payable at the
redemption price therein specified, and from and after such date (unless the City shall default in
the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear
interest. Upon partial re demption of any Bond, a new Bond or Bonds will be delivered to the
registered owner without charge, representing the remaining principal amount outstanding.
2.05. Appointment of Initial Registrar. The City hereby appoints Wells Fargo Bank,
National Association, as the initial registrar, transfer agent and paying agent (the “Registrar”).
The Mayor and the City Manager are authorized to execute and deliv er, on behalf of the City, a
contract with the Registrar. Upon merger or consolidation of the Registrar with another
corporation, if the resulting corporation is a bank or trust company authorized by law to conduct
such business, such corporation shall be authorized to act as successor Registrar. The City
agrees to pay the reasonable and customary charges of the Registrar for the services performed.
The City reserves the right to remove the Registrar upon 30 days’ notice and upon the
appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all
cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to
the successor Registrar.
2.06. Registration. The effect of registration and the rights and duties of the City and the
Registrar with respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its principal corporate trust office a bond
register in which the Registrar shall provide for the registration of ownership of Bonds
and the registration of transfers and excha nges of Bonds entitled to be registered,
transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by
the registered owner thereof or accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the registered owner thereof or by an
attorney duly authorized by the registered owner in writing, the Registrar shall
authenticate and deliver, in the name of the designated transferee or transferees, one or
more new Bonds of a like aggregate principal amount and maturity, as requested by the
transferor. The Registrar ma y, however, close the books for registration of any transfer
after the fifteenth day of the month preceding each interest payment date and until such
interest payment date.
(c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered
owner for exchange the Regist rar shall authenticate and deliver one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the registered owner or
the owner’s attorney in writing.
(d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be
promptly canceled by the Registrar and thereafter disposed of as directed by the City.
(e) Improper or Unauthorized Transfer . When any Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that
the endorsement on such Bond or separate instrument of transfer is valid and genuine and
that the requested transfer is legally authorized. The Regist rar shall incur no liability for
the refusal, in good faith, to make transfers which it, in its judgme nt, deems improper or
unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in
whose name any Bond is at any time registered in the bond register as the absolute owner
of the Bond, whether the Bond shall be overdue or not, for the purpose of receiving
payment of or on account of, the principal of and interest on the Bond and for all other
purposes; and all payments made to any registered owner or upon the owner's order shall
be valid and effectual to satisfy and discharge the liability upon Bond to the extent of the
sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except for
an exchange upon a partial redemption of a Bond), the Registrar may impose a charge
upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other
governmental charge required to be paid with respect to such transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroye d Bonds. In case any Bond shall become
mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like
amount, number, maturity date and tenor in exchange and substitution for and upon
cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond
destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the
Registrar in connection therewith; and, in the case of a B ond destroyed, stolen or lost,
upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed,
stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an
appropriate bond or indemnity in form, substance and amount satisfactory to it, in which
both the City and the Registrar shall be named as obligees. All B onds so surrendered to
the Registrar shall be canceled by it and evidence of such cancellation shall be given to
the City. If the mutilated, destroyed, stolen or lost Bond has already matured it shall not
be necessary to issue a new Bond prior to payment.
(i) Authenticating Agent. The Registrar is hereby designated authenticating agent
for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1,
as amended.
(j) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds
shall be the valid obligations of the City, evidencing the same debt, and entitled to the
same benefits under this Resolution as the Bonds surrendered upon such transfer or
exchange.
2.07. Execution, Authentication and Delivery. The Bonds shall be prepared under the
direction of the City Manager and shall be executed on behalf of th e City by the signatures of the
Mayor and City Manager, provided that the signatures may be printed, engraved or lithographed
facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature
shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such
signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if
such officer had remained in office until delivery. Notwithstanding such execution, no Bond
shall be valid or obligatory for any purpose or entitled to any security or benefit under this
Resolution unless and until a certificate of authentication on the Bond has been duly executed by
the manual signature of an authorized representative of the Registrar. Certificates of
authentication on different Bonds need not be signed by the same representative. The executed
certificate of authentication on each Bond shall be conclusive evidence that it has been
authenticated and delivered under this Resolution. When the Bonds have been prepared,
executed and authenticated, the City Manager sha ll deliver them to the Purchaser upon payment
of the purchase price in accordance with the contract of sale heretofore executed, and the
Purchaser shall not be obligated to see to the application of the purchase price.
2.08. Securities Depository. (a) For purposes of this section the following terms shall
have the following meanings:
“Beneficial Owner” shall mean, whenever us ed with respect to a Bond, the person in
whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the
records of such Participant, or such person’s subrogee.
“Cede & Co.” shall mean Cede & Co., the nominee of DTC, and any successor nominee
of DTC with respect to the Bonds.
“DTC” shall mean The Depository Trus t Company of New York, New York.
“Participant” shall mean any broker-dealer, bank or other financial institution for which
DTC holds Bonds as securities depository.
“Representation Letter” shall mean the Re presentation Letter pursuant to which the
sender agrees to comply with DTC’s Operational Arrangements.
(b) The Bonds shall be initiall y issued as separately authenticated fully registered bonds,
and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon
initial issuance, the ownership of such Bonds shall be registered in the bond register in the name
of Cede & Co., as nominee of DTC. The Registra r and the City may treat DTC (or its nominee)
as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment
of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be
redeemed, if any, giving any notice permitted or required to be given to registered owners of
Bonds under this resolution, registering the transfer of Bonds, and for all other purposes
whatsoever, and neither the Registrar nor the City shall be affected by any notice to the contrary.
Neither the Registrar nor the City shall have any responsibility or obligation to any Participant,
any person claiming a beneficial ownership interest in the Bonds under or through DTC or any
Participant, or any other person which is not shown on the bond register as being a registered
owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any
Participant, with respect to the payment by DTC or any Participant of any amount with respect to
the principal of or interest on the Bonds, with respect to any notice which is permitted or
required to be given to owners of Bonds under th is resolution, or with respect to any consent
given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is
registered in the name of Cede & Co., as nominee of DTC, the Registrar sh all pay all principal of
and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede &
Co. in accordance with DTC's Oper ational Arrangements, and all such payments shall be valid
and effective to fully satisfy and discharge the City’s obligations w ith respect to the principal of
and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC
shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of
the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of
written notice to the effect that DTC has determined to substitute a new nominee in place of
Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph
(e) hereof.
(c) In the event the City determines that it is in the best interest of the Beneficial Owners
that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and
the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of
Bonds in the form of certificates. In such even t, the Bonds will be transferable in accordance
with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect
to the Bonds at any time by giving notice to the City and the Registrar and discharging its
responsibilities with respect thereto under applicable law. In such event the Bonds will be
transferable in accordance with paragraph (e) hereof.
(d) The execution and delivery of the Repres entation Letter to DTC by the Mayor or City
Manager, if not previously filed, is hereby authorized and directed.
(e) In the event that any transfer or exch ange of Bonds is permitted under paragraph (b)
or (c) hereof, such transfer or exchange shall be accomplishe d upon receipt by the Registrar of
the Bonds to be transferred or exchanged and appr opriate instruments of transfer to the permitted
transferee in accordance with the provisions of this resolution. In the event Bonds in the form of
certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as
owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions
of this resolution shall also apply to all matters relating thereto, including, without limitation, the
printing of such Bonds in the form of bond certificates and the method of payment of principal of
and interest on such Bonds in the form of bond certificates.
2.09. Form of Bonds. The Bonds shall be pr epared in substantially the following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF EDEN PRAIRIE
GENERAL OBLIGATION CROSSOVER RE FUNDING BONDS, SERIES 2012A
Rate Maturity Date Date of Original Issue CUSIP No.
January 1, 20 __ March 1, 2012
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
THE CITY OF EDEN PRAIRIE, MINNESOTA (the “City”), acknowledges itself to be
indebted and hereby promises to pay to the registered owner named above, or registered assigns,
the principal amount specified above on the maturity date specified above and promises to pay
interest thereon from the date of original issue specified above or from the most recent Interest
Payment Date (as hereinafter defined) to which inte rest has been paid or duly provided for, at the
annual rate specified above, payable on January 1 and July 1 of each year, commencing
January 1, 2013 (each such date, an “Interest Payment Da te”), subject to the provisions referred
to herein with respect to the redemption of the principal of this Bond prior to its stated maturity.
The interest so payable on any Interest Payment Date shall be paid to the person in whose name
this Bond is registered at the close of business on the fifteenth day (whe ther or not a business
day) of the immediately preceding month. Interest hereon shall be computed on the basis of a
360-day year composed of twelve 30-day mont hs. The interest hereon and, upon presentation
and surrender hereof at the principal office of the Registrar described below, the principal hereof
are payable in lawful money of the United States of America drawn on Wells Fargo Bank,
National Association, as bond registrar, transfer agent and paying agent, or its successor
designated under the Resolution described herein (the “Registrar”). For the prompt and full
payment of such principal and interest as the same respectively become due, the full faith and
credit and taxing powers of the City have been and are hereby irrevocably pledged.
This Bond is one of an issue in the aggregate principal amount of $5,230,000 issued
pursuant to a resolution adopted by the City Council on February 21, 2012 (the “Resolution”), to
refund outstanding general obligation bonds previously issued by the City. This Bond is issued
by authority of and in strict accordance with the provisions of the Constitution and laws of the
State of Minnesota thereunto enabling, including Minnesota Statutes, Chapter 475. The Bonds
are issuable only in fully registered form, in denominations of $5,000 or any multiple thereof, of
single maturities.
Bonds maturing in 2022 and late r years shall be subject to redemption and prepayment at
the option of the City, in whole or in part, in such order of maturity dates as the City may select
and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the bond
depository in accordance with its customary procedures) in multiples of $5,000, on January 1,
2021, and on any date thereafter, at a price equa l to the principal amount thereof and accrued
interest to the date of redemption. The City shall cause notice of the call for redemption thereof
to be published if and as required by law, and at least thirty (30) days prior to the designated
redemption date, shall cause notice of call for redemption to be mailed, by first class mail, to the
registered holders of any Bonds, at the holders’ addresses as they appear on the bond register
maintained by the Registrar, but no defect in or failure to give such mailed notice of redemption
shall affect the validity of proceedings for the redemption of any Bond not affected by such
defect or failure. Official notice of redemp tion having been given as aforesaid, the Bonds or
portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at
the redemption price therein specified and from and after such date (unless the City shall default
in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear
interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the
owner without charge, representing the remaining principal amount outstanding.
[Bonds maturing on January 1, 20____ and 20____ (t he “Term Bonds”) shall be subject
to mandatory redemption prior to maturity at a redemption price equal to the stated principal
amount thereof plus interest accrued thereon to the redemption date, without premium. The
Registrar shall select for redemption, by lot or other manner deemed fair, on January 1 in each of
the following years the following stated principal amounts of such Bonds:
Term Bonds Maturing January 1, 20__
Year Principal Amount
The remaining $_______________ stated principal amount of such Bonds shall be paid at
maturity on January 1, 20____.
Term Bonds Maturing January 1, 20__
Year Principal Amount
The remaining $_______________ stated principal amount of such Bonds shall be paid at
maturity on January 1, 20____.
Notice of redemption shall be given as provided in the preceding paragraph.]
As provided in the Resolution and subject to certain limitations set forth therein, this
Bond is transferable upon the books of the City at the principal office of the Registrar, by the
registered owner hereof in person or by the owner’s attorney duly auth orized in writing upon
surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly
executed by the registered owner or the owner’s attorney, and may also be surrendered in
exchange for Bonds of other authorized denomina tions. Upon such transfer or exchange, the
City will cause a new Bond or Bonds to be issued in the name of the transferee or registered
owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on
the same date, subject to reimbursement for any tax, fee or governmental charge required to be
paid with respect to such transfer or exchange.
Notwithstanding any other provisions of this Bond, so long as this Bond is registered in
the name of Cede & Co., as nominee of The Depo sitory Trust Company, or in the name of any
other nominee of The Depository Trust Company or other securities depository, the Registrar
shall pay all principal of and interest on this Bond, and shall give all notices with respect to this
Bond, only to Cede & Co. or other nominee in ac cordance with the operational arrangements of
The Depository Trust Company or other securities depository as agreed to by the City.
The City and the Registrar may deem and treat the person in whose name this Bond is
registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of
receiving payment and for all other purposes, and neither the City nor the Registrar shall be
affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution a nd laws of the State of Minnesota to be done,
to exist, to happen and to be performed preliminar y to and in the issuance of this Bond in order
to make it a valid and binding general obligation of the City in accordance with its terms, have
been done, do exist, have happened and have been performed as so requir ed; that, prior to the
issuance hereof, the City has levied ad valorem taxes on all taxable proper ty in the City, which
taxes will be collectible for the years and in amou nts sufficient, together with expected escrow
fund earnings, to produce sums not less than five percent in excess of the pr incipal of and interest
on the Bonds when due, and has appropriated the taxes to its General Obligation Crossover
Refunding Bonds, Series 2012A Bond Fund for the payment of principal and interest; that if
necessary for payment of principal and interest, additional ad valorem taxes are required to be
levied upon all taxable property in the City, without limitation as to rate or amount; and that the
issuance of this Bond, together with all other indebtedness of the City outstanding on the date
hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the
City to exceed any constitutional or statutory limitation of indebtedness.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Resolution until the Certificate of Authentication hereon shall have
been executed by the Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of Eden Pr airie, Minnesota, by its City Council, has
caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and City
Manager.
CITY OF EDEN PRAIRIE, MINNESOTA
(Facsimile Signature-City Manage r) (Facsimile Signature-Mayor)
____________
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
Dated _________________ WELLS FARGO BANK, NATIONAL
ASSOCIATION, as Registrar
By ________________________________
Authorized Representative
____________
The following abbreviations, when used in the inscription on the face of this Bond, shall be
construed as though they were written out in full according to the applicable laws or regulations:
TEN COM -- as tenants in common UTMA ........................... as Custodian for .............
(Cust) (Minor)
TEN ENT -- as tenants by the entireties under Uniform Transfers to Minors Act ..................
(State)
JT TEN -- as joint tenants with right of survivorship and not as tenants in common
Additional abbreviations may also be used.
_________
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto _________________
the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint
_____________________ attorney to transfer the said Bond on the books kept for registration of
the within Bond, with full power of substitution in the premises.
Dated: ___________________ _________________________________________
NOTICE: The assignor’s signature to this
assignment must correspond with the name as it
appears upon the face of the within Bond in every
particular, without alteration or enlargement or any
change whatsoever.
Signature Guaranteed:
_________________________________________
Signature(s) must be guara nteed by an “eligible
guarantor institution” meeting the requirements
of the Registrar, which requirements include
membership or participation in STAMP or such
other “signature guarant y program” as may be
determined by the Registrar in addition to or in
substitution for STAMP, all in accordance with
the Securities Exchange Act of 1934, as amended.
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE:
____________________________________
[end of form of bond]
SECTION 3. USE OF PROCEEDS. Upon paym ent for the Bonds by the Purchaser, the
Registrar shall deposit the proceeds of the Bonds with Wells Fargo Bank, National Association,
in Minneapolis, Minnesota (the “Escrow Agent”) for application in accordance with the Escrow
Agreement, a form of which has been presented to this Council. The Mayor and City Manager
are hereby authorized to enter into an Escrow Agreement with the Escrow Agent establishing the
terms and conditions for the escrow account in accordance with Minnesota Statutes, Section
475.67.
SECTION 4. GENERAL OBLIGATION CROSSOVER REFUNDING BONDS, SERIES
2012A BOND FUND. The Bonds shall be paya ble from a separate General Obligation
Crossover Refunding Bonds, Series 2012A Bond Fund (the “Bond Fund”) of the City, which
Bond Fund the City agrees to maintain until the Bonds have been paid in full. If the money in
the Bond Fund should at any time be insufficient to pay principal and interest due on the Bonds,
such amounts shall be paid from other moneys on hand in other funds of the City, which other
funds shall be reimbursed therefor when sufficient money becomes available in the Bond Fund.
The moneys on hand in the Bond Fund from time to time shall be used only to pay the principal
of and interest on the Bonds. Into the Bond F und shall be paid: (a) the amounts appropriated
thereto pursuant to the Escrow Agreement; (b) all taxes collected pursuant to Section 5; (c) all
excess amounts on deposit in the de bt service fund maintained for the payment of the Refunded
Bonds upon the retirement of the Refunded Bonds on the Crossover Date; and (d) any other
funds appropriated by the Council for the payment of the Bonds.
SECTION 5. PLEDGE OF TAXING POWERS. For th e prompt and full payment of the
principal of and interest on the Bonds as such payments respectively become due, the full faith,
credit and unlimited taxing powers of the City sh all be and are hereby irrevocably pledged. In
order to produce aggregate amounts not less than 5% in excess of the amounts needed to meet
when due the principal and interest payments on the Bonds, ad valorem taxes are hereby levied
on all taxable property in the City, the taxes to be levied and colle cted in the following years and
amounts:
Levy Years Collection Years Amount
See attached levy calculation
The taxes shall be irrepealable as long as a ny of the Bonds are outstanding and unpaid, provided
that the City reserves the right and power to reduce the tax levies from other legally available
funds, in accordance with the provisions of Minnesota Statutes, Section 475.61.
SECTION 6. BOND FUND BALANCE RESTRICTION. In order to ensure compliance with
the Code and applicable Treasury Regulations thereunder (the “Regulations”), upon allocation of
any funds to the Bond Fund, the balance then on hand in the Fund shall be ascertained. If it
exceeds the amount of principal and interest on the Bonds to become due and payable through
January 1 next following, plus a reasonable carryover equal to 1/12th of the debt service due in
the following bond year, the excess shall (unles s an opinion is otherwise received from bond
counsel) be used to prepay the Bonds, or invest ed at a yield which does not exceed the yield on
the Bonds calculated in accordance with Section 148 of the Code.
SECTION 7. DEFEASANCE. When all of the Bonds have been discharged as provided in this
section, all pledges, covenants and other rights granted by this resolution to the registered owners
of the Bonds shall cease. The City may discha rge its obligations with respect to any Bonds
which are due on any date by depositing with the Registrar on or before that date a sum sufficient
for the payment thereof in full; or, if any Bond s hould not be paid when due, it may nevertheless
be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full
with interest accrued from the due date to the date of such deposit. The City may also discharge
its obligations with respect to any prepayable Bonds called for redemption on any date when
they are prepayable according to their terms by depositing with the Registrar on or before that
date an amount equal to the principal, interest and redemption pr emium, if any, which are then
due, provided that notice of such redemption has been duly given as provided herein. The City
may also at any time discharge its obligations with respect to any Bonds, subject to the
provisions of law now or hereafter authorizing and regulating such action, by depositing
irrevocably in escrow, with a bank or trust company qualified by law as an escrow agent for this
purpose, cash or securities which are authorized by law to be so deposited, bearing interest
payable at such time and at such rates and maturing or callable at the holder’s option on such
dates as shall be required to pa y all principal and interest to become due thereon to maturity,
provided, however, that if such deposit is made more than ninety days before the maturity date of
the Bonds to be discharged, the City shall have received a written opinion of Bond Counsel to
the effect that such deposit does not adversely affect the exem ption of interest on any Bonds
from federal income taxation and a written repor t of an accountant or investment banking firm
verifying that the deposit is sufficient to pay when due all of the principal and interest on the
Bonds to be discharged on and before their maturity dates.
SECTION 8. TAX COVENANTS; ARBITRAGE MATTERS AND CONTINUING
DISCLOSURE.
8.01. Covenant. The City covenants and agrees with the owners from time to time of the
Bonds, that it will not take, or permit to be taken by any of its officers, employees or agents, any
action which would cause the interest on the Bonds to become includable in gross income of the
recipient under the Code and applicable Regulations, and covenants to take any and all
affirmative actions within its powers to ensure that the interest on the Bonds will not become
includable in gross income of the recipient under the Code and applicable Regulations. The City
represents and covenants that all improvements financed from the proceeds of the Bonds are and
will be owned and operated by the City and available for use by members of the general public
on a substantially equal basis. The City has not and will not enter into any lease, management
contract, operating agreement, use agreement or other contract relating to the use, operation or
maintenance of the Project or any part thereof which would cause the Bonds to be considered
“private activity bonds” or “private loan bonds” pursuant to Section 141 of the Code. The Bonds
are being issued as “qualified 501(c)(3) bonds” w ithin the meaning of Section 145 of the Code
due to anticipated use of the facilities refinanced by the Bonds by other governmental entities;
certain youth hockey associations including the Eden Prairie Hockey Association and other
organizations described in Section 501(c)(3) of the Code.
8.02. Arbitrage Certification. The Mayor a nd City Manager being the officers of the
City charged with the responsibility for issuing the Bonds pursuant to this Resolution, are
authorized and directed to execute and deliver to the Purchaser a certificate in accordance with
the provisions of Section 148 of the Code and applicable Regulations, stating that on the basis of
facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds, it
is reasonably expected that the proceeds of the Bonds will not be used in a manner that would
cause the Bonds to be “arbitrag e bonds” within the meaning of the Code and the applicable
Regulations.
8.03. Arbitrage Rebate. The City acknowledges that the Bonds are subject to the rebate
requirements of Section 148(f) of the Code. Th e City covenants and agrees to retain such
records, make such determinations, file such reports and documents and pay such amounts at
such times as are required under sa id Section 148(f) and applicable Regulations to preserve the
exclusion of interest on the Bonds from gross income for federal income tax purposes, unless the
Bonds qualify for an exception from the rebate requirement pursuant to one of the spending
exceptions set forth in Section 1.148-7 of the Regulations and no “gross proceeds” of the Bonds
(other than amounts constituting a “bona fide de bt service fund”) arise during or after the
expenditure of the original proceeds thereof.
8.04. Not Qualified Tax-Exempt Obligations . The Bonds are not designated as
“qualified tax-exempt obliga tions” for purposes of Secti on 265(b)(3) of the Code.
8.05. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public
availability of certain information relating to the Bonds and the security therefor and to permit
the Purchaser and other participating underwriters in the primary offering of the Bonds to
comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities
Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), rela ting to continuing disclosure (as in effect
and interpreted from time to time, the “Rule”), which will enhance the marketability of the
Bonds, the City hereby makes the following covenants and agreements for the benefit of the
Owners (as hereinafter defined) from time to tim e of the Outstanding Bonds. The City is the
only obligated person in respect of the Bonds within the meaning of the Rule for purposes of
identifying the entities in respect of which continuing disclosure must be made. The City has
complied in all material respects with any undertaking previously entered into by it under the
Rule. If the City fails to comply with any provisions of this section, any person aggrieved
thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in
equity may appear necessary or appropriate to enforce performance and observance of any
agreement or covenant contained in this section, including an action for a writ of mandamus or
specific performance. Direct, indirect, consequential and punitive damages shall not be
recoverable for any default hereunder to the exte nt permitted by law. Notwithstanding anything
to the contrary contained herein, in no event shall a default under this section constitute a default
under the Bonds or under any other provision of this resolution. As used in this section, Owner
or Bondowner means, in respect of a Bond, the registered owner or owners thereof appearing in
the bond register maintained by the Registrar or any Beneficial Owner (a s hereinafter defined)
thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial
ownership in form and substance reasonably satisfactory to the Registrar. As used herein,
Beneficial Owner means, in respect of a Bond, any person or entity which (i) has the power,
directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond
(including persons or entities holding Bonds through nominees, depositories or other
intermediaries), or (ii) is tr eated as the owner of the Bond for federal income tax purposes.
(b) Information To Be Disclosed. The City wi ll provide, in the manner set forth in subsection
(c) hereof, either directly or indirectly through an agent designated by the City, the following
information at the following times:
(1) on or before twelve (12) months after th e end of each fiscal year of the City,
commencing with the fiscal year ending December 31, 2011, the following financial
information and operating data in respect of the City (the “Disclosure Information”):
(A) the audited financial statements of the City for such fiscal year, prepared in
accordance with generally accepted accounting principles in accordance with
the governmental accounting standards promulgated by the Governmental
Accounting Standards Board or as otherwise provided under Minnesota law, as
in effect from time to time, or, if and to the extent such financial statements
have not been prepared in accordance with such generally accepted accounting
principles for reasons beyond the reasonable control of the City, noting the
discrepancies therefrom and the effect thereof, and certified as to accuracy and
completeness in all material respects by the fiscal officer of the City; and
(B) to the extent not included in the financ ial statements referred to in paragraph (A)
hereof, the information for such fiscal year or for the period most recently
available of the type contained in the Official Stat ement under headings: City
Property Values; City Indebtedness; and City Tax Rates, Levies and
Collections.
Notwithstanding the foregoing paragraph, if the audited financial statements are not available by
the date specified, the City shall provide on or before such date unaudited financial statements in
the format required for the audited financial statements as part of the Disclosure Information and,
within 10 days after the receipt thereof, the City shall provide the audited financial statements.
Any or all of the Disclosure Information may be incorporated by reference, if it is updated as
required hereby, from other documents, including o fficial statements, which have been submitted
to the Municipal Securities Rulemaking Board (“MSRB”) through its Electronic Municipal
Market Access System (“EMMA”) or to the SEC. If the document incorporated by reference is a
final official statement, it must be available from the MSRB. The City shall clearly identify in
the Disclosure Information each document so inco rporated by reference. If any part of the
Disclosure Information can no longer be genera ted because the operations of the City have
materially changed or been discontinued, such Disclosure Information need no longer be
provided if the City includes in the Disclosure Information a statement to such effect; provided,
however, if such operations have been replaced by other City operations in respect of which data
is not included in the Disclosure Information and the City determines that certain specified data
regarding such replacement operations would be a Material Fact (as defined in paragraph (2)
hereof), then, from and after su ch determination, the Disclosure Information shall include such
additional specified data regarding the replacement operations. If the Disclosure Information is
changed or this section is amended as permitted by this paragraph (b)(1) or subsection (d), then
the City shall include in the next Disclosure Information to be de livered hereunder, to the extent
necessary, an explanation of the reasons for the amendment and the effect of any change in the
type of financial information or operating data provided.
(2) In a timely manner not in excess of ten business days after th e occurrence of the
event, notice of the occurrence of any of the following events (each a “Material
Fact”):
(A) Principal and interest payment delinquencies;
(B) Non-payment related defaults, if material;
(C) Unscheduled draws on debt service rese rves reflecting financial difficulties;
(D) Unscheduled draws on credit enhancem ents reflecting financial difficulties;
(E) Substitution of credit or liquidity providers, or their failure to perform;
(F) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed
or final determinations of taxabilit y, Notices of Proposed Issue (IRS Form
5701-TEB) or other material notices or de terminations with respect to the tax
status of the security, or other material events affecting the tax status of the
security;
(G) Modifications to ri ghts of security holders, if material;
(H) Bond calls, if material, and tender offers;
(I) Defeasances;
(J) Release, substitution, or sale of property securing repayment of the securities, if
material;
(K) Rating changes;
(L) Bankruptcy, insolvency, r eceivership or similar event of the obligated person;
(M) The consummation of a merger, cons olidation, or acquisi tion involving an
obligated person or the sale of all or substantially all of the assets of the
obligated person, other than in the ordinary course of business, the entry into a
definitive agreement to undertake such an action or the termination of a
definitive agreement relating to any such actions, other than pursuant to its
terms, if material; and
(N) Appointment of a successor or additiona l trustee or the change of name of a
trustee, if material.
As used herein, for those events that must be reported if material, an event is “material” if it is an
event as to which a substantial likelihood exists that a reasonably prudent investor would attach
importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would
significantly alter the total information otherwise available to an investor from the Official
Statement, information disclosed hereunder or information generally available to the public.
Notwithstanding the foregoing sentence, an event is also “material” if it is an event that would be
deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of
applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the
event.
For the purposes of the event identified in (L) here inabove, the event is considered to occur when
any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an
obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding
under state or federal law in which a court or governmental authority has assumed jurisdiction
over substantially all of the assets or business of the obligated person, or if such jurisdiction has
been assumed by leaving the existing governing body and officials or officers in possession but
subject to the supervision and or ders of a court or governmental authority, or the entry of an
order confirming a plan of reorganization, arrangement or liquidation by a court or governmental
authority having supervision or ju risdiction over substantially all of the assets or business of the
obligated person.
(3) In a timely manner, notice of the occurrence of any of the following events or
conditions:
(A) the failure of the City to provide the Disclosure Information required under
paragraph (b)(1) at the ti me specified thereunder;
(B) the amendment or supplementing of this section pur suant to subsection (d),
together with a copy of such amendment or supplement and any explanation
provided by the City under subsection (d)(2);
(C) the termination of the obligations of the City under this section pursuant to
subsection (d);
(D) any change in the accounting princi ples pursuant to which the financial
statements constituting a portion of the Disclosure Information are prepared;
and
(E) any change in the fiscal year of the City.
(c) Manner of Disclosure.
(1) The City agrees to make available to the MSRB through EMMA, in an electronic
format as prescribed by the MSRB, the information described in subsection (b).
(2) All documents provided to the MSRB pursuant to this subsection (c) shall be
accompanied by identifying information as prescribed by the MSRB from time to
time.
(d) Term; Amendments; Interpretation.
(1) The covenants of the City in this section shall remain in effect so long as any Bonds
are Outstanding. Notwithstanding the preced ing sentence, however, the obligations
of the City under this section shall terminate and be without further effect as of any
date on which the City delivers to the Registrar an opinion of Bond Counsel to the
effect that, because of legislative action or final judicial or administrative actions or
proceedings, the failure of the City to comply with the requirements of this section
will not cause participating underwriters in the primary offering of the Bonds to be
in violation of the Rule or other applicable requirements of the Securities Exchange
Act of 1934, as amended, or any statutes or laws successory thereto or amendatory
thereof.
(2) This section (and the form and requirement s of the Disclosure Information) may be
amended or supplemented by the City from time to time, without notice to (except as
provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, by a
resolution of this Council filed in the office of the recording officer of the City
accompanied by an opinion of Bond Counsel, who may rely on certificates of the
City and others and the opinion may be subject to customary qualifications, to the
effect that: (i) such amendment or supplement (a) is made in connection with a
change in circumstances that arises from a change in law or regulation or a change in
the identity, nature or status of the City or the type of operations conducted by the
City, or (b) is required by, or better complie s with, the provisions of paragraph (b)(5)
of the Rule; (ii) this section as so am ended or supplemented would have complied
with the requirements of paragraph (b)(5) of the Rule at the time of the primary
offering of the Bonds, giving effect to any change in circumstances applicable under
clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the
amendment or supplement was in effect at the time of the primary offering; and (iii)
such amendment or supplement does not materially impair the interests of the
Bondowners under the Rule.
If the Disclosure Information is so amended, the City agrees to provide,
contemporaneously with the effectiveness of such amendment, an explanation of the
reasons for the amendment and the effect, if any, of the change in the type of
financial information or operating data being provided hereunder.
(3) This section is entered into to comply with the continuing disclosure provisions of
the Rule and should be construed so as to satisfy the requirem ents of paragraph
(b)(5) of the Rule.
SECTION 9. CERTIFICATION OF PROCEEDINGS.
9.01. Registration and Levy of Taxes. The City Manager is hereby authorized and
directed to file a certified copy of this resolution in the records of the County Auditor, together
with such additional information as required, and to issue a certificate that the Bonds have been
duly entered upon the County Auditor’s bond regist er and the tax required by law has been
levied.
9.02. Certification of Records. The officer s of the City are hereby authorized and
directed to prepare and furnish to the Purchaser and to Dorsey & Whitney LLP, Bond Counsel,
certified copies of all proceedings and records of the City relating to the Bonds and to the
financial condition and affairs of the City, and such other affidavits, certificates and information
as may be required to show the facts relating to the legality and marketability of the Bonds as
they appear from the books and records under their custody and control or as otherwise known to
them, and all such certified copies, certificates and affidavits, including any heretofore furnished,
shall be deemed representations of the City to the facts recited herein.
9.03. Official Statement. The Preliminary Official Statement relating to the Bonds,
dated February __, 2012, relating to the Bonds prep ared and distributed by Northland Securities,
Inc., is hereby approved. The officers of the City are hereby authorized and directed to execute
such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of
the Official Statement.
ADOPTED by the City Council of the City of Eden Prairie this 21st day of February,
2012.
_______________________
Nancy Tyra-Lukens, Mayor
ATTEST:
_______________________
Kathleen Porta, City Clerk
SCHEDULE I
Levy Year Collection Year Levy
ESCROW AGREEMENT
THIS ESCROW AGREEMENT, made and entered into by and between the City of Eden
Prairie, Minnesota (the “Issuer ”), and Wells Fargo Bank, Nationa l Association, in Minneapolis,
Minnesota (the “Agent”);
WITNESSETH, that the parties hereto reci te and, in consideration of the mutual
covenants and payments referred to and contained herein, covenant and agree as follows:
1. The Issuer has duly issued and presen tly has outstanding an issue of General
Obligation Bonds, Series 2005C (the “Serie s 2005C Bonds”) and has issued its $5,230,000
General Obligation Crossover Refunding Bonds, Se ries 2012A, dated as of March 1, 2012 (the
“Refunding Bonds”), to refund in an advan ce crossover refunding on January 1, 2014 (the
“Crossover Date”) those outst anding Series 2005C Bonds ma turing in the years 2021 through
2026 (the “Refunded Bonds”).
2. The Issuer has also, in accordance with a resolution adopted February 21, 2012 (the
“Resolution”), simultaneously with the execu tion of this Agreement, transmitted Refunding
Bond proceeds in the amount of $_______________, plus $_____________ representing
accrued interest from March 1, 2012 to the date he reof, to the Agent to be used as follows:
(a) $_____________ to purchase an equivale nt principal amount of federal
securities as identified in Exhibit A attached hereto;
(b) $_____________ to be deposited as a be ginning cash balance in the Escrow
Account hereinafter established;
(c) $_____________ to pay issuance expenses of the Refunding Bonds; and
(d) $______________ ($___________ of accrued interest and $___________ of
Refunding Bond proceeds) to be deposited in the Bond Fund described in the resolution
authorizing issuance of the Refunding Bonds.
In the opinion of Grant Thornton LLP, independent, nationally recognized certified
public accountants (the “Accountan ts”), the federal secu rities designated in paragraph (a) mature
at such times and bear interest at such rates that the collections of principal and interest thereon,
together with the initial cash balance designated in paragraph (b ), will produce amounts shown
on Exhibit B attached hereto sufficient to pay (i ) the interest due on the Refunding Bonds to and
including the Crossover Date and (ii) the principal amount of the Refunded Bonds on the
Crossover Date.
3. The Agent agrees to apply the funds rece ived from the Issuer in the manner and for
the purposes set forth in Section 2 hereof and this Section. The Agent acknowledges receipt of
the cash and federal securities described in Section 2 and agrees that it will hold such cash and
federal securities in a special escrow account (the “Escrow Account ”) in the name of the Issuer,
2
and will collect and receive on behalf of the Issuer all payments of principal and interest on such
securities and, prior to and including the Crossover Date, will remit from the Escrow Account
moneys sufficient for the payment of interest on the Refunding Bonds as such becomes due to
and including the Crossover Date. On the Cro ssover Date, the Agent will, as paying agent for
the Refunded Bonds, apply the sum of $4,920,000 from the Escrow Account to payment of the
principal of the Refunded Bonds called for redemption on the Crossover Date. Any remaining
funds in the Escrow Account after such transfer shall be remitted to the Issuer. The Agent will,
not fewer than 30 days prior to the Crossover Da te, mail the Notice of Redemption relating to the
Refunded Bonds attached as Exhibit C hereto to the holders of all Refunded Bonds to be
redeemed on the Crossover Date.
4. In order to ensure continuing compliance with the Internal Re venue Code of 1986, as
amended (the “Code”), and Treasury Regulations (the “Regulations”) promulgated thereunder,
the Agent agrees that it will not reinvest any cash received in payment of the principal of and
interest on the federal securities held in the Escrow Account. Said prohibition on reinvestment
shall continue unless and until an opinion is received from nationally recognized bond counsel
that reinvestments in general obligations of the United States or obligations the principal of and
interest on which are guaranteed as to payment by the United States, as sp ecified in said opinion,
may be made in a manner consistent with the Code then existing Regulations.
The federal securities described in Exhibit A hereto may, at the written direction of the
Issuer, be replaced, in whole or in part, with general obliga tions of the United States or
obligations the principal of and interest on which are guaranteed as to payment by the United
States and which mature as to principal and interest in such amounts and at such times as will
assure the availability of sufficient moneys to make payment when due of the interest on the
Refunding Bonds to and including the Crossover Date, to the extent described in Section 2
hereof, and will be sufficient to pay the principal amount of the Refunded Bonds called for
redemption on the Crossover Date; provided, howeve r, that concurrently with such written
direction, the Issuer shall provide the Agent with (a) a certification of an independent certified
public accountant as to the sufficiency of the federal securities to be subject to this Agreement
following such replacement and as to the yields thereof, setting forth in reasonable detail the
calculations underlying such certification, (b) an unqua lified opinion of nationally recognized
bond counsel to the effect that such replacement (1) will not cause the Refunded Bonds or the
Refunding Bonds to be subjected to treatment as “arbitrage bonds,” unde r Section 148 of the
Code, and (2) is otherwise in compliance with this Agreement.
Any replacement authorized by this paragraph 4 shall be accomplished by sale, transfer,
request for redemption or other disposition of all or a portion of the federal securities described
in Exhibit A hereto with the proceeds thereof be ing applied to the purchase of substitute federal
securities, all as specified in the written direction of the Issuer.
5. The Agent acknowledges that arrangements satisfactory to it for payment of its
compensation for all services to be performed by it as Agent under this Agreement have been
made. The Agent expressly waives any lien upon or claim against the moneys and investments
in the Escrow Account.
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6. If at any time it shall appear to the Agent that the money in the Escrow Account will
not be sufficient to make any payment due to the registered owners of any of the Refunding
Bonds or Refunded Bonds as described in Section 2 hereof, the Agent sh all immediately notify
the Issuer. Upon receipt of such notice the I ssuer shall forthwith transmit to the Agent for
deposit in the Escrow Account from moneys on hand and legally available therefor, such
additional moneys as may be required to make any such payment; and the Issuer recognizes its
obligation to levy ad valorem taxes on all taxable property in the Issuer to the extent permitted
by Minnesota law to produce the moneys necessary for this purpose.
7. Within 60 days following the close of each fiscal year of the Issuer and the close of
the Escrow Account, the Agent shall submit to the Issuer a report covering all money it shall
have received and all payments it shall have made or caused to be made hereunder during the
preceding fiscal year or portion thereof.
8. It is recognized that titl e to the federal securities and money held in the Escrow
Account from time to time shall remain vested in the Issuer but subjec t always to the prior
charge and lien thereon of this Agreement and the use thereof required to be made by the
provisions of this Agreement. The Agent shall hold all such money and obligations in a special
trust fund and account separate and wholly segregated from all other funds and securities of the
Agent or deposited therein. It is understood and agreed that the responsibility of the Agent under
this Agreement is limited to the safekeeping and segregation of the moneys and securities
deposited with it in the Escrow Account, and the collection of and accounting for the principal
and interest payable with respect thereto.
9. This Agreement is made by the Issuer for the benefit of the hol ders of the Refunding
Bonds and the Refunded Bonds, as their interests may appear, and is not revocable by the Issuer,
and the investments and other funds deposited in the Escrow Account and all income therefrom
have been irrevocably appropriated for the payment of interest on the Refunding Bonds prior to
and including the Crossover Date and the payment and redemption of the Refunded Bonds on the
Crossover Date, in accordance with this Agreement. This Agreement may not be amended
except to (i) sever any clause here in deemed to be illegal, (ii) provide for the reinvestment of
funds or the substitution of securities as permitted by Section 4 here of or (iii) cure any ambiguity
or correct or supplement any provision herein which may be inconsistent with any other
provision, provided that the Agent shall determine that any such amendment shall not adversely
affect the owners of the Refunded Bonds. In the event an amendment to this Agreement is
proposed to be made pursuant to this Section 9, prior notice shall be given by first class mail,
postage prepaid, to the following organization at the following address (or such other address as
may be provided by the addressee) and shall be deemed effectiv e upon receipt: Moody’s
Municipal Rating Desk/Refunded Bonds, 7 World Trade Center – 250 Greenwich Street, New
York, New York 10007.
10. This Agreement shall be binding upon and sh all inure to the benefit of the Issuer and
the Agent and their respective successors and assigns. In addition, this Agreement shall
constitute a third party beneficiary contract for the benefit of the registered owners of the
Refunding Bonds and the Refunded Bonds, as their interests may appear. Said third party
beneficiaries shall be entitled to enforce performance and observance by the Issuer and the Agent
4
of the respective agreements and covenants herein contained as fully and completely as if said
third party beneficiaries were parties hereto.
11. Upon merger or consolidation of the Agent, if the resulting corporation is a bank or
trust company authorized by law to conduct such business, such corporation shall be authorized
to act as successor Agent. U pon the resignation of the Agent, which shall be communicated in
writing to the Issuer, or in the event the Agent becomes incapable of acting hereunder, the Issuer
reserves the power to appoint a successor Agent. No resignation shall become effective until a
successor agent has been appointed.
5
IN WITNESS WHEREOF the parties hereto ha ve caused this instrument to be duly
executed by their duly authorized officers on March __, 2012.
CITY OF EDEN PRAIRIE, MINNESOTA
By __________________________
Mayor
And _________________________
City Manager
[Signature Page to Escrow Agreement (Series 2012A)]
6
WELLS FARGO BANK, NATIONAL
ASSOCIATION,
as Agent
By _________________________________
Its ______________________________
[Signature Page to Escrow Agreement (Series 2012A)]
A-1
EXHIBIT A
B-1
EXHIBIT B
EXHIBIT C
NOTICE OF REDEMPTION
General Obligation Bonds, Series 2005C
Dated as of December 1, 2005
City of Eden Prairie, Minnesota
Notice is hereby given that all Bonds of the above issue which mature on January 1 in the
following years and amounts:
Year Amount Rate CUSIP
2021* $515,000 4.00% *
2022* 810,000 4.00 *
2023* 845,000 4.10 *
2026* 2,750,000 4.20% *
*Indicates full call.
are called for redemption and prepayment on January 1, 2014. The Bonds will be redeemed at a price of
100% of their principal amount plus accrued interest to the date of redemption. Holders of such Bonds
should present them for payment on or before said date, on which date they will cease to bear interest.
A form W-9, Payer’s Request for Taxpayer Identifica tion Number, must be completed and returned with
the called bond or 31% of the bond redemption proceed s will be withheld. Payment of bonds to be
redeemed will be made on and after January 1, 2 014, by submitting said bond along with the completed
form W-9 to Wells Fargo Bank, National Association, at the following addresses:
By Mail or Air Courier Service: By Registered or Certified Mail: In Person, By Hand:
Wells Fargo Bank, N.A. Wells Fargo Bank, N.A. Wells Fargo Bank, N.A.
Corporate Trust Operations Corporate Trust Operations Northstar East Building
MAC N9303-121 P.O. Box 1517 608 2 nd Avenue South, 12 th floor
6 th & Marquette Minneapolis, MN 55480-1517 Minneapolis, MN 55479
Minneapolis, MN 55479
If you request payment of principal and/or interest via wire transfer, please be advised there is a wire
transfer fee which will be deducted from your payment.
Dated: ___________, 2013. WELLS FARGO BANK, NATIONAL ASSOCIATION
CITY COUNCIL AGENDA
SECTION: Report of the City Manager
DATE:
February 21, 2012
DEPARTMENT/DIVISION:
Office of the City Manager/
Finance, Sue Kotchevar
ITEM DESCRIPTION:
Resolution Authorizing Issuance,
Awarding Sale, Prescribing the Form and
Details and Providing for the Payment of
$3,240,000 General Obligation Capital
Improvement Plan Crossover Refunding
Bonds, Series 2012B
ITEM NO.: XIV.B.2.
Requested Action
Move to: Adopt resolution author izing issuance, awarding sale, prescribing the form and details
and providing for the payment of $3,240,000 General Obligation Capital Improvement Plan
Crossover Refunding Bonds, Series 2012B.
Synopsis
The 2012B bonds will refinance the 2006B bonds which were issued to finance Fire Station #4
and have an estimated savings of $129,000.
Attachments
Resolution
Escrow Agreement
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2012-___
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE
PAYMENT OF $3,240,000 GENERAL OBLIGATION CAPITAL
IMPROVEMENT PLAN CROSSOVER REFUNDING BONDS, SERIES
2012B
BE IT RESOLVED by the City Council (the “Council”) of the City of Eden Prairie,
Minnesota (the “City”), as follows:
SECTION 1. AUTHORIZATION AND SALE.
1.01. Authorization. Pursuant to a resolu tion adopted by this Council on January 17,
2012, the City has determined it to be in its best interests to issue its General Obligation Capital
Improvement Plan Crossover Refunding Bonds, Se ries 2012B, in the principal amount of
$3,240,000 (the “Bonds”), pursuant to Minnesota Stat utes, Chapter 475, to provide funds to be
used to refinance, in a crossover refunding pursuant to Minnesota Statutes, Section 475.67, sub.
13, the 2016 through 2027 maturities of the City’s General Obliga tion Capital Improvement Plan
Bonds, Series 2006B, dated, as originally issue d, as of July 1, 2006 (the “Series 2006B Bonds”),
which maturities are presently outstanding in the principal amount of $3,000,000 (the “Refunded
Bonds”). January 1, 2015 (the “Crossover Date”) is the earliest date upon which the Refunded
Bonds may be redeemed without payment of premium. The refunding is being carried out for
the purpose described in Minnesota Statutes, Section 475.67, subdivi sion 3, section (b)(2)(i) and
in compliance with Minnesota Statutes, Chapter 475.
1.02. Sale. Pursuant to the Notice of Sale a nd the Official Statement prepared on behalf
of the City by Northland Securities, Inc., seal ed proposals for the purchase of the Bonds were
received at or before the time specified for receipt thereof. The proposals have been opened,
publicly read and considered and the purchase price, interest rates and net interest cost under the
terms of each proposal have been determined. Th e most favorable proposal received is that of
_________________________________, in ____________, ____________ (the “Purchaser”),
to purchase the Bonds at a price of $_____________ pl us accrued interest on all Bonds to the
day of delivery and payment, on the further terms and conditions hereinafter set forth.
1.03. Award. The sale of the Bonds is here by awarded to the Purchaser, and the Mayor
and City Manager are hereby authorized and directed to execute a contract on behalf of the City
for the sale of the Bonds in accordance with the Notice of Sale. The good faith deposit of the
Purchaser shall be retained and deposited by the City until the Bonds have been delivered and
shall be deducted from the purchase price paid at settlement.
1.04. Savings. It is hereby determined that:
(a) by the issuance of the Bonds, the City will realize a substantial interest rate
reduction, a gross savings of approxima tely $__________ and a present value savings
(using the yield on the Bonds, computed in a ccordance with Section 148 of the Internal
Revenue Code of 1986, as amended (the “Code”), as the discount factor) of
approximately $_________; and
(b) as of the Crossover Date, the sum of (i) the present value of the debt service
on the Bonds, computed to their stated maturity dates, after deducting any premium,
using the yield of the Bonds as the discount rate, plus (ii) any expe nses of the refunding
payable from a source other than the proceeds of the Bonds or investment earnings
thereon, is lower by _____% than the present va lue of the debt service on the Refunded
Bonds, exclusive of any premium, computed to their stated maturity dates, using the yield
of the Bonds as the discount rate.
SECTION 2. BOND TERMS; REGISTRATION; EXECUTION AND DELIVERY.
2.01. Issuance of Bonds. All acts, conditi ons and things which are required by the
Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be
performed precedent to and in the valid issuance of the Bonds having been done, now existing,
having happened and having been performed, it is now necessary for the Council to establish the
form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith.
2.02. Maturities; Interest Rates; Denomina tions and Payment. The Bonds shall be
originally dated as of March 1, 2012, shall be in the denominati on of $5,000 each, or any integral
multiple thereof, of single maturities, shall mature on January 1 in the years and amounts stated
below, and shall bear interest from date of original issue until paid at the annual rates set forth
opposite such years and amounts, as follows:
Year Amount Rate Year Amount Rate
2016 $250,000 2022 $265,000
2017 245,000 2023 285,000
2018 255,000 2024 280,000
2019 260,000 2025 275,000
2020 260,000 2026 300,000
2021 270,000 2027 295,000
[REVISE MATURITY SCHEDUL E FOR ANY TERM BONDS]
The Bonds shall be issuable only in fully registered form. The interest thereon and, upon
surrender of each Bond, the principal amount thereof shall be payable by check or draft issued by
the Registrar described herein, provided that, so long as the Bonds are registered in the name of a
securities depository, or a nominee thereof, in accordance with Section 2.08 hereof, principal and
interest shall be payable in accordance with the operational arrangements of the securities
depository.
2.03. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to
Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of
authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on
the Bonds shall be payable on January 1 and July 1, commencing January 1, 2013, each such
date being referred to herein as an Interest Pa yment Date, to the person in whose name the Bonds
are registered on the Bond Register, as hereinafter defined, at the Registrar’s close of business on
the fifteenth day of the calendar month next prec eding such Interest Payment Date, whether or
not such day is a business day. Interest sha ll be computed on the basis of a 360-day year
composed of twelve 30-day months.
2.04. Redemption. Bonds maturing in 2022 an d later years shall be subject to
redemption and prepayment at the option of the City, in whole or in part, in such order as the
City shall determine and within a maturity by lot as selected by the Registrar in multiples of
$5,000, on January 1, 2021, and on any date thereafter, at a price equal to the principal amount
thereof and accrued interest to the date of redemption.
[COMPLETE THE FOLLOWING PROVISI ONS IF THERE ARE TERM BONDS -
ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS]
[Bonds maturing on January 1, 20____ and 20____ (t he “Term Bonds”) shall be subject
to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this
Section 2.04 at a redemption pri ce equal to the stated principa l amount thereof plus interest
accrued thereon to the redemption date, without premium. The Registrar shall select for
redemption, by lot or other manner deemed fair, on January 1 in each of the following years the
following stated principal amounts of such Bonds:
Term Bonds Maturing January 1, 20__
Year Principal Amount
The remaining $_______________ stated principal amount of such Bonds shall be paid at
maturity on January 1, 20____.
Term Bonds Maturing January 1, 20__
Year Principal Amount
The remaining $_______________ stated principal amount of such Bonds shall be paid at
maturity on January 1, 20____.]
The City Manager shall cause notice of the call for redemption thereof to be published if
and as required by law and, at leas t thirty (30) days prior to th e designated redemption date, shall
cause notice of the call for redemption to be mailed, by first class mail, to the registered owners
of any Bonds to be redeemed at their addresses as they appear on the bond register described in
Section 2.06 hereof, but no defect in or failure to give such mailed notice of redemption shall
affect the validity of proceedings for the redemption of any Bond not affected by such defect or
failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of
Bonds so to be redeemed shall, on the redemption date, become due and payable at the
redemption price therein specified, and from and after such date (unless the City shall default in
the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear
interest. Upon partial re demption of any Bond, a new Bond or Bonds will be delivered to the
registered owner without charge, representing the remaining principal amount outstanding.
2.05. Appointment of Initial Registrar. The City hereby appoints Wells Fargo Bank,
National Association, as the initial registrar, transfer agent and paying agent (the “Registrar”).
The Mayor and the City Manager are authorized to execute and deliv er, on behalf of the City, a
contract with the Registrar. Upon merger or consolidation of the Registrar with another
corporation, if the resulting corporation is a bank or trust company authorized by law to conduct
such business, such corporation shall be authorized to act as successor Registrar. The City
agrees to pay the reasonable and customary charges of the Registrar for the services performed.
The City reserves the right to remove the Registrar upon 30 days’ notice and upon the
appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all
cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to
the successor Registrar.
2.06. Registration. The effect of registration and the rights and duties of the City and the
Registrar with respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its principal corporate trust office a bond
register in which the Registrar shall provide for the registration of ownership of Bonds
and the registration of transfers and excha nges of Bonds entitled to be registered,
transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by
the registered owner thereof or accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the registered owner thereof or by an
attorney duly authorized by the registered owner in writing, the Registrar shall
authenticate and deliver, in the name of the designated transferee or transferees, one or
more new Bonds of a like aggregate principal amount and maturity, as requested by the
transferor. The Registrar ma y, however, close the books for registration of any transfer
after the fifteenth day of the month preceding each interest payment date and until such
interest payment date.
(c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered
owner for exchange the Regist rar shall authenticate and deliver one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the registered owner or
the owner’s attorney in writing.
(d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be
promptly canceled by the Registrar and thereafter disposed of as directed by the City.
(e) Improper or Unauthorized Transfer . When any Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that
the endorsement on such Bond or separate instrument of transfer is valid and genuine and
that the requested transfer is legally authorized. The Regist rar shall incur no liability for
the refusal, in good faith, to make transfers which it, in its judgme nt, deems improper or
unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in
whose name any Bond is at any time registered in the bond register as the absolute owner
of the Bond, whether the Bond shall be overdue or not, for the purpose of receiving
payment of or on account of, the principal of and interest on the Bond and for all other
purposes; and all payments made to any registered owner or upon the owner's order shall
be valid and effectual to satisfy and discharge the liability upon Bond to the extent of the
sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except for
an exchange upon a partial redemption of a Bond), the Registrar may impose a charge
upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other
governmental charge required to be paid with respect to such transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroye d Bonds. In case any Bond shall become
mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like
amount, number, maturity date and tenor in exchange and substitution for and upon
cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond
destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the
Registrar in connection therewith; and, in the case of a B ond destroyed, stolen or lost,
upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed,
stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an
appropriate bond or indemnity in form, substance and amount satisfactory to it, in which
both the City and the Registrar shall be named as obligees. All B onds so surrendered to
the Registrar shall be canceled by it and evidence of such cancellation shall be given to
the City. If the mutilated, destroyed, stolen or lost Bond has already matured it shall not
be necessary to issue a new Bond prior to payment.
(i) Authenticating Agent. The Registrar is hereby designated authenticating agent
for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1,
as amended.
(j) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds
shall be the valid obligations of the City, evidencing the same debt, and entitled to the
same benefits under this Resolution as the Bonds surrendered upon such transfer or
exchange.
2.07. Execution, Authentication and Delivery. The Bonds shall be prepared under the
direction of the City Manager and shall be executed on behalf of th e City by the signatures of the
Mayor and City Manager, provided that the signatures may be printed, engraved or lithographed
facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature
shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such
signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if
such officer had remained in office until delivery. Notwithstanding such execution, no Bond
shall be valid or obligatory for any purpose or entitled to any security or benefit under this
Resolution unless and until a certificate of authentication on the Bond has been duly executed by
the manual signature of an authorized representative of the Registrar. Certificates of
authentication on different Bonds need not be signed by the same representative. The executed
certificate of authentication on each Bond shall be conclusive evidence that it has been
authenticated and delivered under this Resolution. When the Bonds have been prepared,
executed and authenticated, the City Manager sha ll deliver them to the Purchaser upon payment
of the purchase price in accordance with the contract of sale heretofore executed, and the
Purchaser shall not be obligated to see to the application of the purchase price.
2.08. Securities Depository. (a) For purposes of this section the following terms shall
have the following meanings:
“Beneficial Owner” shall mean, whenever us ed with respect to a Bond, the person in
whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the
records of such Participant, or such person’s subrogee.
“Cede & Co.” shall mean Cede & Co., the nominee of DTC, and any successor nominee
of DTC with respect to the Bonds.
“DTC” shall mean The Depository Trus t Company of New York, New York.
“Participant” shall mean any broker-dealer, bank or other financial institution for which
DTC holds Bonds as securities depository.
“Representation Letter” shall mean the Re presentation Letter pursuant to which the
sender agrees to comply with DTC’s Operational Arrangements.
(b) The Bonds shall be initiall y issued as separately authenticated fully registered bonds,
and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon
initial issuance, the ownership of such Bonds shall be registered in the bond register in the name
of Cede & Co., as nominee of DTC. The Registra r and the City may treat DTC (or its nominee)
as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment
of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be
redeemed, if any, giving any notice permitted or required to be given to registered owners of
Bonds under this resolution, registering the transfer of Bonds, and for all other purposes
whatsoever, and neither the Registrar nor the City shall be affected by any notice to the contrary.
Neither the Registrar nor the City shall have any responsibility or obligation to any Participant,
any person claiming a beneficial ownership interest in the Bonds under or through DTC or any
Participant, or any other person which is not shown on the bond register as being a registered
owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any
Participant, with respect to the payment by DTC or any Participant of any amount with respect to
the principal of or interest on the Bonds, with respect to any notice which is permitted or
required to be given to owners of Bonds under th is resolution, or with respect to any consent
given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is
registered in the name of Cede & Co., as nominee of DTC, the Registrar sh all pay all principal of
and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede &
Co. in accordance with DTC’s Oper ational Arrangements, and all such payments shall be valid
and effective to fully satisfy and discharge the City’s obligations w ith respect to the principal of
and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC
shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of
the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of
written notice to the effect that DTC has determined to substitute a new nominee in place of
Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph
(e) hereof.
(c) In the event the City determines that it is in the best interest of the Beneficial Owners
that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and
the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of
Bonds in the form of certificates. In such even t, the Bonds will be transferable in accordance
with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect
to the Bonds at any time by giving notice to the City and the Registrar and discharging its
responsibilities with respect thereto under applicable law. In such event the Bonds will be
transferable in accordance with paragraph (e) hereof.
(d) The execution and delivery of the Repres entation Letter to DTC by the Mayor or City
Manager, if not previously filed, is hereby authorized and directed.
(e) In the event that any transfer or exch ange of Bonds is permitted under paragraph (b)
or (c) hereof, such transfer or exchange shall be accomplishe d upon receipt by the Registrar of
the Bonds to be transferred or exchanged and appr opriate instruments of transfer to the permitted
transferee in accordance with the provisions of this resolution. In the event Bonds in the form of
certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as
owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions
of this resolution shall also apply to all matters relating thereto, including, without limitation, the
printing of such Bonds in the form of bond certificates and the method of payment of principal of
and interest on such Bonds in the form of bond certificates.
2.09. Form of Bonds. The Bonds shall be pr epared in substantially the following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF EDEN PRAIRIE
GENERAL OBLIGATION CAPITAL IMPROV EMENT PLAN CROSSOVER REFUNDING
BONDS, SERIES 2012B
Rate Maturity Date Date of Original Issue CUSIP No.
January 1, 20 __ March 1, 2012
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
THE CITY OF EDEN PRAIRIE, MINNESOTA (the “City”), acknowledges itself to be
indebted and hereby promises to pay to the registered owner named above, or registered assigns,
the principal amount specified above on the maturity date specified above and promises to pay
interest thereon from the date of original issue specified above or from the most recent Interest
Payment Date (as hereinafter defined) to which inte rest has been paid or duly provided for, at the
annual rate specified above, payable on January 1 and July 1 of each year, commencing
January 1, 2013 (each such date, an “Interest Payment Da te”), subject to the provisions referred
to herein with respect to the redemption of the principal of this Bond prior to its stated maturity.
The interest so payable on any Interest Payment Date shall be paid to the person in whose name
this Bond is registered at the close of business on the fifteenth day (whe ther or not a business
day) of the immediately preceding month. Interest hereon shall be computed on the basis of a
360-day year composed of twelve 30-day mont hs. The interest hereon and, upon presentation
and surrender hereof at the principal office of the Registrar described below, the principal hereof
are payable in lawful money of the United States of America drawn on Wells Fargo Bank,
National Association, as bond registrar, transfer agent and paying agent, or its successor
designated under the Resolution described herein (the “Registrar”). For the prompt and full
payment of such principal and interest as the same respectively become due, the full faith and
credit and taxing powers of the City have been and are hereby irrevocably pledged.
This Bond is one of an issue in the aggregate principal amount of $3,240,000 issued
pursuant to a resolution adopted by the City Council on February 21, 2012 (the “Resolution”), to
refund outstanding general obligation capital improvement plan bonds previously issued by the
City. This Bond is issued by au thority of and in strict accordance with the provisions of the
Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota
Statutes, Chapter 475. The Bonds are issuable only in fully registered form, in denominations of
$5,000 or any multiple thereof, of single maturities.
Bonds maturing in 2022 and late r years shall be subject to redemption and prepayment at
the option of the City, in whole or in part, in such order of maturity dates as the City may select
and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the bond
depository in accordance with its customary procedures) in multiples of $5,000, on January 1,
2021, and on any date thereafter, at a price equa l to the principal amount thereof and accrued
interest to the date of redemption. The City shall cause notice of the call for redemption thereof
to be published if and as required by law, and at least thirty (30) days prior to the designated
redemption date, shall cause notice of call for redemption to be mailed, by first class mail, to the
registered holders of any Bonds, at the holders’ addresses as they appear on the bond register
maintained by the Registrar, but no defect in or failure to give such mailed notice of redemption
shall affect the validity of proceedings for the redemption of any Bond not affected by such
defect or failure. Official notice of redemp tion having been given as aforesaid, the Bonds or
portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at
the redemption price therein specified and from and after such date (unless the City shall default
in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear
interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the
owner without charge, representing the remaining principal amount outstanding.
[Bonds maturing on January 1, 20____ and 20____ (t he “Term Bonds”) shall be subject
to mandatory redemption prior to maturity at a redemption price equal to the stated principal
amount thereof plus interest accrued thereon to the redemption date, without premium. The
Registrar shall select for redemption, by lot or other manner deemed fair, on January 1 in each of
the following years the following stated principal amounts of such Bonds:
Term Bonds Maturing January 1, 20__
Year Principal Amount
The remaining $_______________ stated principal amount of such Bonds shall be paid at
maturity on January 1, 20____.
Term Bonds Maturing January 1, 20__
Year Principal Amount
The remaining $_______________ stated principal amount of such Bonds shall be paid at
maturity on January 1, 20____.
Notice of redemption shall be given as provided in the preceding paragraph.]
As provided in the Resolution and subject to certain limitations set forth therein, this
Bond is transferable upon the books of the City at the principal office of the Registrar, by the
registered owner hereof in person or by the owner’s attorney duly auth orized in writing upon
surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly
executed by the registered owner or the owner’s attorney, and may also be surrendered in
exchange for Bonds of other authorized denomina tions. Upon such transfer or exchange, the
City will cause a new Bond or Bonds to be issued in the name of the transferee or registered
owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on
the same date, subject to reimbursement for any tax, fee or governmental charge required to be
paid with respect to such transfer or exchange.
Notwithstanding any other provisions of this Bond, so long as this Bond is registered in
the name of Cede & Co., as nominee of The Depo sitory Trust Company, or in the name of any
other nominee of The Depository Trust Company or other securities depository, the Registrar
shall pay all principal of and interest on this Bond, and shall give all notices with respect to this
Bond, only to Cede & Co. or other nominee in ac cordance with the operational arrangements of
The Depository Trust Company or other securities depository as agreed to by the City.
The City and the Registrar may deem and treat the person in whose name this Bond is
registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of
receiving payment and for all other purposes, and neither the City nor the Registrar shall be
affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution a nd laws of the State of Minnesota to be done,
to exist, to happen and to be performed preliminar y to and in the issuance of this Bond in order
to make it a valid and binding general obligation of the City in accordance with its terms, have
been done, do exist, have happened and have been performed as so requir ed; that, prior to the
issuance hereof, the City has levied ad valorem taxes on all taxable proper ty in the City, which
taxes will be collectible for the years and in amou nts sufficient, together with expected escrow
fund earnings, to produce sums not less than five percent in excess of the pr incipal of and interest
on the Bonds when due, and has appropriated the taxes to its General Obligation Capital
Improvement Plan Refunding Bonds, Series 2012B Bond Fund for the payment of principal and
interest; that if necessary for payment of princi pal and interest, additional ad valorem taxes are
required to be levied upon all taxable property in the City, without limitation as to rate or
amount; and that the issuance of this Bond, together with all other indebtedness of the City
outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause
the indebtedness of the City to exceed any const itutional or statutory limitation of indebtedness.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Resolution until the Certificate of Authentication hereon shall have
been executed by the Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of Eden Pr airie, Minnesota, by its City Council, has
caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and City
Manager.
CITY OF EDEN PRAIRIE, MINNESOTA
(Facsimile Signature-City Manage r) (Facsimile Signature-Mayor)
____________
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
Dated _________________ WELLS FARGO BANK, NATIONAL
ASSOCIATION, as Registrar
By ________________________________
Authorized Representative
____________
The following abbreviations, when used in the inscription on the face of this Bond, shall be
construed as though they were written out in full according to the applicable laws or regulations:
TEN COM -- as tenants in common UTMA ........................... as Custodian for .............
(Cust) (Minor)
TEN ENT -- as tenants by the entireties under Uniform Transfers to Minors Act ..................
(State)
JT TEN -- as joint tenants with right of survivorship and not as tenants in common
Additional abbreviations may also be used.
_________
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto _________________
the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint
_____________________ attorney to transfer the said Bond on the books kept for registration of
the within Bond, with full power of substitution in the premises.
Dated: ___________________ _________________________________________
NOTICE: The assignor’s signature to this
assignment must correspond with the name as it
appears upon the face of the within Bond in every
particular, without alteration or enlargement or any
change whatsoever.
Signature Guaranteed:
_________________________________________
Signature(s) must be guara nteed by an “eligible
guarantor institution” meeting the requirements
of the Registrar, which requirements include
membership or participation in STAMP or such
other “signature guarant y program” as may be
determined by the Registrar in addition to or in
substitution for STAMP, all in accordance with
the Securities Exchange Act of 1934, as amended.
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE:
____________________________________
[end of form of bond]
SECTION 3. USE OF PROCEEDS. Upon paym ent for the Bonds by the Purchaser, the
Registrar shall deposit the proceeds of the Bonds with Wells Fargo Bank, National Association,
in Minneapolis, Minnesota (the “Escrow Agent”) for application in accordance with the Escrow
Agreement, a form of which has been presented to this Council. The Mayor and City Manager
are hereby authorized to enter into an Escrow Agreement with the Escrow Agent establishing the
terms and conditions for the escrow account in accordance with Minnesota Statutes, Section
475.67.
SECTION 4. GENERAL OBLIGATION CA PITAL IMPROVEMENT PLAN CROSSOVER
REFUNDING BONDS, SERIES 201 2B BOND FUND. The Bonds shall be payable from a
separate General Obligation Capital Improveme nt Plan Crossover Refunding Bonds, Series
2012B Bond Fund (the “Bond Fund”) of the City, which Bond Fund the City agrees to maintain
until the Bonds have been paid in full. If the money in the Bond Fund should at any time be
insufficient to pay principal and interest due on the Bonds, such amounts shall be paid from other
moneys on hand in other funds of the City, which other funds shall be reimbursed therefor when
sufficient money becomes available in the Bond Fund. The moneys on hand in the Bond Fund
from time to time shall be used only to pay the principal of and interest on the Bonds. Into the
Bond Fund shall be paid: (a) the amounts a ppropriated thereto pursuant to the Escrow
Agreement; (b) all taxes collected pursuant to Section 5; (c) all excess amounts on deposit in the
debt service fund maintained for the payment of the Refunded Bonds upon the retirement of the
Refunded Bonds on the Crossover Date; and (d) any other funds appropriated by the Council for
the payment of the Bonds.
SECTION 5. PLEDGE OF TAXING POWERS. For th e prompt and full payment of the
principal of and interest on the Bonds as such payments respectively become due, the full faith,
credit and unlimited taxing powers of the City sh all be and are hereby irrevocably pledged. In
order to produce aggregate amounts not less than 5% in excess of the amounts needed to meet
when due the principal and interest payments on the Bonds, ad valorem taxes are hereby levied
on all taxable property in the City, the taxes to be levied and colle cted in the following years and
amounts:
Levy Years Collection Years Amount
See attached levy calculation
The taxes shall be irrepealable as long as a ny of the Bonds are outstanding and unpaid, provided
that the City reserves the right and power to reduce the tax levies from other legally available
funds, in accordance with the provisions of Minnesota Statutes, Section 475.61.
SECTION 6. BOND FUND BALANCE RESTRICTION. In order to ensure compliance with
the Internal Revenue Code of 1986, as amende d (the “Code”), and applicable Treasury
Regulations thereunder (the “Regulations”), upon allocation of any funds to the Bond Fund, the
balance then on hand in the Fund shall be ascertained. If it exceeds the amount of principal and
interest on the Bonds to become due and payable through January 1 next following, plus a
reasonable carryover equal to 1/12th of the de bt service due in the following bond year, the
excess shall (unless an opinion is otherwise received from bond counsel) be used to prepay the
Bonds, or invested at a yield which does not exceed the yield on the Bonds calculated in
accordance with Section 148 of the Code.
SECTION 7. DEFEASANCE. When all of the Bonds have been discharged as provided in this
section, all pledges, covenants and other rights granted by this resolution to the registered owners
of the Bonds shall cease. The City may discha rge its obligations with respect to any Bonds
which are due on any date by depositing with the Registrar on or before that date a sum sufficient
for the payment thereof in full; or, if any Bond s hould not be paid when due, it may nevertheless
be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full
with interest accrued from the due date to the date of such deposit. The City may also discharge
its obligations with respect to any prepayable Bonds called for redemption on any date when
they are prepayable according to their terms by depositing with the Registrar on or before that
date an amount equal to the principal, interest and redemption pr emium, if any, which are then
due, provided that notice of such redemption has been duly given as provided herein. The City
may also at any time discharge its obligations with respect to any Bonds, subject to the
provisions of law now or hereafter authorizing and regulating such action, by depositing
irrevocably in escrow, with a bank or trust company qualified by law as an escrow agent for this
purpose, cash or securities which are authorized by law to be so deposited, bearing interest
payable at such time and at such rates and maturing or callable at the holder’s option on such
dates as shall be required to pa y all principal and interest to become due thereon to maturity,
provided, however, that if such deposit is made more than ninety days before the maturity date of
the Bonds to be discharged, the City shall have received a written opinion of Bond Counsel to
the effect that such deposit does not adversely affect the exem ption of interest on any Bonds
from federal income taxation and a written repor t of an accountant or investment banking firm
verifying that the deposit is sufficient to pay when due all of the principal and interest on the
Bonds to be discharged on and before their maturity dates.
SECTION 8. TAX COVENANTS; ARBITRAGE MATTERS AND CONTINUING
DISCLOSURE.
8.01. Covenant. The City covenants and agrees with the owners from time to time of the
Bonds, that it will not take, or permit to be taken by any of its officers, employees or agents, any
action which would cause the interest on the Bonds to become includable in gross income of the
recipient under the Code and applicable Regulations, and covenants to take any and all
affirmative actions within its powers to ensure that the interest on the Bonds will not become
includable in gross income of the recipient under the Code and applicable Regulations. The City
represents and covenants that all improvements financed from the proceeds of the Bonds are and
will be owned and operated by the City and available for use by members of the general public
on a substantially equal basis. The City has not and will not enter into any lease, management
contract, operating agreement, use agreement or other contract relating to the use, operation or
maintenance of the Project or any part thereof which would cause the Bonds to be considered
“private activity bonds” or “private loan bonds” pursuant to Section 141 of the Code.
8.02. Arbitrage Certification. The Mayor a nd City Manager being the officers of the
City charged with the responsibility for issuing the Bonds pursuant to this Resolution, are
authorized and directed to execute and deliver to the Purchaser a certificate in accordance with
the provisions of Section 148 of the Code and applicable Regulations, stating that on the basis of
facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds, it
is reasonably expected that the proceeds of the Bonds will not be used in a manner that would
cause the Bonds to be “arbitrag e bonds” within the meaning of the Code and the applicable
Regulations.
8.03. Arbitrage Rebate. The City acknowledges that the Bonds are subject to the rebate
requirements of Section 148(f) of the Code. Th e City covenants and agrees to retain such
records, make such determinations, file such reports and documents and pay such amounts at
such times as are required under sa id Section 148(f) and applicable Regulations to preserve the
exclusion of interest on the Bonds from gross income for federal income tax purposes, unless the
Bonds qualify for an exception from the rebate requirement pursuant to one of the spending
exceptions set forth in Section 1.148-7 of the Regulations and no “gross proceeds” of the Bonds
(other than amounts constituting a “bona fide de bt service fund”) arise during or after the
expenditure of the original proceeds thereof.
8.04. Not Qualified Tax-Exempt Obligations . The Bonds are not designated as
“qualified tax-exempt obliga tions” for purposes of Secti on 265(b)(3) of the Code.
8.05. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public
availability of certain information relating to the Bonds and the security therefor and to permit
the Purchaser and other participating underwriters in the primary offering of the Bonds to
comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities
Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), rela ting to continuing disclosure (as in effect
and interpreted from time to time, the “Rule”), which will enhance the marketability of the
Bonds, the City hereby makes the following covenants and agreements for the benefit of the
Owners (as hereinafter defined) from time to tim e of the Outstanding Bonds. The City is the
only obligated person in respect of the Bonds within the meaning of the Rule for purposes of
identifying the entities in respect of which continuing disclosure must be made. The City has
complied in all material respects with any undertaking previously entered into by it under the
Rule. If the City fails to comply with any provisions of this section, any person aggrieved
thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in
equity may appear necessary or appropriate to enforce performance and observance of any
agreement or covenant contained in this section, including an action for a writ of mandamus or
specific performance. Direct, indirect, consequential and punitive damages shall not be
recoverable for any default hereunder to the exte nt permitted by law. Notwithstanding anything
to the contrary contained herein, in no event shall a default under this section constitute a default
under the Bonds or under any other provision of this resolution. As used in this section, Owner
or Bondowner means, in respect of a Bond, the registered owner or owners thereof appearing in
the bond register maintained by the Registrar or any Beneficial Owner (a s hereinafter defined)
thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial
ownership in form and substance reasonably satisfactory to the Registrar. As used herein,
Beneficial Owner means, in respect of a Bond, any person or entity which (i) has the power,
directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond
(including persons or entities holding Bonds through nominees, depositories or other
intermediaries), or (ii) is tr eated as the owner of the Bond for federal income tax purposes.
(b) Information To Be Disclosed. The City wi ll provide, in the manner set forth in subsection
(c) hereof, either directly or indirectly through an agent designated by the City, the following
information at the following times:
(1) on or before twelve (12) months after th e end of each fiscal year of the City,
commencing with the fiscal year ending December 31, 2011, the following financial
information and operating data in respect of the City (the “Disclosure Information”):
(A) the audited financial statements of the City for such fiscal year, prepared in
accordance with generally accepted accounting principles in accordance with
the governmental accounting standards promulgated by the Governmental
Accounting Standards Board or as otherwise provided under Minnesota law, as
in effect from time to time, or, if and to the extent such financial statements
have not been prepared in accordance with such generally accepted accounting
principles for reasons beyond the reasonable control of the City, noting the
discrepancies therefrom and the effect thereof, and certified as to accuracy and
completeness in all material respects by the fiscal officer of the City; and
(B) to the extent not included in the financ ial statements referred to in paragraph (A)
hereof, the information for such fiscal year or for the period most recently
available of the type contained in the Official Stat ement under headings: City
Property Values; City Indebtedness; and City Tax Rates, Levies and
Collections.
Notwithstanding the foregoing paragraph, if the audited financial statements are not available by
the date specified, the City shall provide on or before such date unaudited financial statements in
the format required for the audited financial statements as part of the Disclosure Information and,
within 10 days after the receipt thereof, the City shall provide the audited financial statements.
Any or all of the Disclosure Information may be incorporated by reference, if it is updated as
required hereby, from other documents, including o fficial statements, which have been submitted
to the Municipal Securities Rulemaking Board (“MSRB”) through its Electronic Municipal
Market Access System (“EMMA”) or to the SEC. If the document incorporated by reference is a
final official statement, it must be available from the MSRB. The City shall clearly identify in
the Disclosure Information each document so inco rporated by reference. If any part of the
Disclosure Information can no longer be genera ted because the operations of the City have
materially changed or been discontinued, such Disclosure Information need no longer be
provided if the City includes in the Disclosure Information a statement to such effect; provided,
however, if such operations have been replaced by other City operations in respect of which data
is not included in the Disclosure Information and the City determines that certain specified data
regarding such replacement operations would be a Material Fact (as defined in paragraph (2)
hereof), then, from and after su ch determination, the Disclosure Information shall include such
additional specified data regarding the replacement operations. If the Disclosure Information is
changed or this section is amended as permitted by this paragraph (b)(1) or subsection (d), then
the City shall include in the next Disclosure Information to be de livered hereunder, to the extent
necessary, an explanation of the reasons for the amendment and the effect of any change in the
type of financial information or operating data provided.
(2) In a timely manner not in excess of ten business days after th e occurrence of the
event, notice of the occurrence of any of the following events (each a “Material
Fact”):
(A) Principal and interest payment delinquencies;
(B) Non-payment related defaults, if material;
(C) Unscheduled draws on debt service rese rves reflecting financial difficulties;
(D) Unscheduled draws on credit enhancem ents reflecting financial difficulties;
(E) Substitution of credit or liquidity providers, or their failure to perform;
(F) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed
or final determinations of taxabilit y, Notices of Proposed Issue (IRS Form
5701-TEB) or other material notices or de terminations with respect to the tax
status of the security, or other material events affecting the tax status of the
security;
(G) Modifications to ri ghts of security holders, if material;
(H) Bond calls, if material, and tender offers;
(I) Defeasances;
(J) Release, substitution, or sale of property securing repayment of the securities, if
material;
(K) Rating changes;
(L) Bankruptcy, insolvency, r eceivership or similar event of the obligated person;
(M) The consummation of a merger, cons olidation, or acquisi tion involving an
obligated person or the sale of all or substantially all of the assets of the
obligated person, other than in the ordinary course of business, the entry into a
definitive agreement to undertake such an action or the termination of a
definitive agreement relating to any such actions, other than pursuant to its
terms, if material; and
(N) Appointment of a successor or additiona l trustee or the change of name of a
trustee, if material.
As used herein, for those events that must be reported if material, an event is “material” if it is an
event as to which a substantial likelihood exists that a reasonably prudent investor would attach
importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would
significantly alter the total information otherwise available to an investor from the Official
Statement, information disclosed hereunder or information generally available to the public.
Notwithstanding the foregoing sentence, an event is also “material” if it is an event that would be
deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of
applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the
event.
For the purposes of the event identified in (L) here inabove, the event is considered to occur when
any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an
obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding
under state or federal law in which a court or governmental authority has assumed jurisdiction
over substantially all of the assets or business of the obligated person, or if such jurisdiction has
been assumed by leaving the existing governing body and officials or officers in possession but
subject to the supervision and or ders of a court or governmental authority, or the entry of an
order confirming a plan of reorganization, arrangement or liquidation by a court or governmental
authority having supervision or ju risdiction over substantially all of the assets or business of the
obligated person.
(3) In a timely manner, notice of the occurrence of any of the following events or
conditions:
(A) the failure of the City to provide the Disclosure Information required under
paragraph (b)(1) at the ti me specified thereunder;
(B) the amendment or supplementing of this section pur suant to subsection (d),
together with a copy of such amendment or supplement and any explanation
provided by the City under subsection (d)(2);
(C) the termination of the obligations of the City under this section pursuant to
subsection (d);
(D) any change in the accounting princi ples pursuant to which the financial
statements constituting a portion of the Disclosure Information are prepared;
and
(E) any change in the fiscal year of the City.
(c) Manner of Disclosure.
(1) The City agrees to make available to the MSRB through EMMA, in an electronic
format as prescribed by the MSRB, the information described in subsection (b).
(2) All documents provided to the MSRB pursuant to this subsection (c) shall be
accompanied by identifying information as prescribed by the MSRB from time to
time.
(d) Term; Amendments; Interpretation.
(1) The covenants of the City in this section shall remain in effect so long as any Bonds
are Outstanding. Notwithstanding the preced ing sentence, however, the obligations
of the City under this section shall terminate and be without further effect as of any
date on which the City delivers to the Registrar an opinion of Bond Counsel to the
effect that, because of legislative action or final judicial or administrative actions or
proceedings, the failure of the City to comply with the requirements of this section
will not cause participating underwriters in the primary offering of the Bonds to be
in violation of the Rule or other applicable requirements of the Securities Exchange
Act of 1934, as amended, or any statutes or laws successory thereto or amendatory
thereof.
(2) This section (and the form and requirement s of the Disclosure Information) may be
amended or supplemented by the City from time to time, without notice to (except as
provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, by a
resolution of this Council filed in the office of the recording officer of the City
accompanied by an opinion of Bond Counsel, who may rely on certificates of the
City and others and the opinion may be subject to customary qualifications, to the
effect that: (i) such amendment or suppl ement (a) is made in connection with a
change in circumstances that arises from a change in law or regulation or a change in
the identity, nature or status of the City or the type of operations conducted by the
City, or (b) is required by, or better complie s with, the provisions of paragraph (b)(5)
of the Rule; (ii) this section as so am ended or supplemented would have complied
with the requirements of paragraph (b)(5) of the Rule at the time of the primary
offering of the Bonds, giving effect to any change in circumstances applicable under
clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the
amendment or supplement was in effect at the time of the primary offering; and (iii)
such amendment or supplement does not materially impair the interests of the
Bondowners under the Rule.
If the Disclosure Information is so amended, the City agrees to provide,
contemporaneously with the effectiveness of such amendment, an explanation of the
reasons for the amendment and the effect, if any, of the change in the type of
financial information or operating data being provided hereunder.
(3) This section is entered into to comply with the continuing disclosure provisions of
the Rule and should be construed so as to satisfy the requirem ents of paragraph
(b)(5) of the Rule.
SECTION 9. CERTIFICATION OF PROCEEDINGS.
9.01. Registration of Bonds. The City Manager is hereby authorized and directed to file
a certified copy of this resolution in the records of the County Auditor, together with such
additional information as require d, and to issue a certificate that the Bonds have been duly
entered upon the County Auditor’s bond register.
9.02. Certification of Records. The officer s of the City are hereby authorized and
directed to prepare and furnish to the Purchaser and to Dorsey & Whitney LLP, Bond Counsel,
certified copies of all proceedings and records of the City relating to the Bonds and to the
financial condition and affairs of the City, and such other affidavits, certificates and information
as may be required to show the facts relating to the legality and marketability of the Bonds as
they appear from the books and records under their custody and control or as otherwise known to
them, and all such certified copies, certificates and affidavits, including any heretofore furnished,
shall be deemed representations of the City to the facts recited herein.
9.03. Official Statement. The Preliminary Official Statement relating to the Bonds,
dated February __, 2012, relating to the Bonds prep ared and distributed by Northland Securities,
Inc., is hereby approved. The officers of the City are hereby authorized and directed to execute
such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of
the Official Statement.
ADOPTED by the City Council of the City of Eden Prairie this 21st day of February,
2012.
_______________________
Nancy Tyra-Lukens, Mayor
ATTEST:
_______________________
Kathleen Porta, City Clerk
SCHEDULE I
Levy Year Collection Year Levy
ESCROW AGREEMENT
THIS ESCROW AGREEMENT, made and entered into by and between the City of Eden
Prairie, Minnesota (the “Issuer ”), and Wells Fargo Bank, Nationa l Association, in Minneapolis,
Minnesota (the “Agent”);
WITNESSETH, that the parties hereto reci te and, in consideration of the mutual
covenants and payments referred to and contained herein, covenant and agree as follows:
1. The Issuer has duly issued and presen tly has outstanding an issue of General
Obligation Capital Improvement Plan Bonds, Seri es 2006B (the “Series 2006B Bonds”) and has
issued its $3,240,000 General Obligation Capita l Improvement Plan Crossover Refunding
Bonds, Series 2012B, dated as of March 1, 2012 (the “Refunding Bonds”), to refund in an
advance crossover refunding on January 1, 2015 (the “Crossover Date”) t hose outstanding Series
2006B Bonds maturing in the years 2 016 through 2027 (the “Refunded Bonds”).
2. The Issuer has also, in accordance with a resolution adopted February 21, 2012 (the
“Resolution”), simultaneously with the execu tion of this Agreement, transmitted Refunding
Bond proceeds in the amount of $_______________, plus $_____________ representing
accrued interest from March 1, 2012 to the date he reof, to the Agent to be used as follows:
(a) $_____________ to purchase an equivale nt principal amount of federal
securities as identified in Exhibit A attached hereto;
(b) $_____________ to be deposited as a be ginning cash balance in the Escrow
Account hereinafter established;
(c) $_____________ to pay issuance expenses of the Refunding Bonds; and
(d) $______________ ($___________ of accrued interest and $___________ of
Refunding Bond proceeds) to be deposited in the Bond Fund described in the resolution
authorizing issuance of the Refunding Bonds.
In the opinion of Grant Thornton LLP, independent, nationally recognized certified
public accountants (the “Accountan ts”), the federal secu rities designated in paragraph (a) mature
at such times and bear interest at such rates that the collections of principal and interest thereon,
together with the initial cash balance designated in paragraph (b ), will produce amounts shown
on Exhibit B attached hereto sufficient to pay (i ) the interest due on the Refunding Bonds to and
including the Crossover Date and (ii) the principal amount of the Refunded Bonds on the
Crossover Date.
3. The Agent agrees to apply the funds rece ived from the Issuer in the manner and for
the purposes set forth in Section 2 hereof and this Section. The Agent acknowledges receipt of
the cash and federal securities described in Section 2 and agrees that it will hold such cash and
federal securities in a special escrow account (the “Escrow Account ”) in the name of the Issuer,
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and will collect and receive on behalf of the Issuer all payments of principal and interest on such
securities and, prior to and including the Crossover Date, will remit from the Escrow Account
moneys sufficient for the payment of interest on the Refunding Bonds as such becomes due to
and including the Crossover Date. On the Cro ssover Date, the Agent will, as paying agent for
the Refunded Bonds, apply the sum of $3,000,000 from the Escrow Account to payment of the
principal of the Refunded Bonds called for redemption on the Crossover Date. Any remaining
funds in the Escrow Account after such transfer shall be remitted to the Issuer. The Agent will,
not fewer than 30 days prior to the Crossover Da te, mail the Notice of Redemption relating to the
Refunded Bonds attached as Exhibit C hereto to the holders of all Refunded Bonds to be
redeemed on the Crossover Date.
4. In order to ensure continuing compliance with the Internal Re venue Code of 1986, as
amended (the “Code”), and Treasury Regulations (the “Regulations”) promulgated thereunder,
the Agent agrees that it will not reinvest any cash received in payment of the principal of and
interest on the federal securities held in the Escrow Account. Said prohibition on reinvestment
shall continue unless and until an opinion is received from nationally recognized bond counsel
that reinvestments in general obligations of the United States or obligations the principal of and
interest on which are guaranteed as to payment by the United States, as sp ecified in said opinion,
may be made in a manner consistent with the Code then existing Regulations.
The federal securities described in Exhibit A hereto may, at the written direction of the
Issuer, be replaced, in whole or in part, with general obliga tions of the United States or
obligations the principal of and interest on which are guaranteed as to payment by the United
States and which mature as to principal and interest in such amounts and at such times as will
assure the availability of sufficient moneys to make payment when due of the interest on the
Refunding Bonds to and including the Crossover Date, to the extent described in Section 2
hereof, and will be sufficient to pay the principal amount of the Refunded Bonds called for
redemption on the Crossover Date; provided, howeve r, that concurrently with such written
direction, the Issuer shall provide the Agent with (a) a certification of an independent certified
public accountant as to the sufficiency of the federal securities to be subject to this Agreement
following such replacement and as to the yields thereof, setting forth in reasonable detail the
calculations underlying such certification, (b) an unqua lified opinion of nationally recognized
bond counsel to the effect that such replacement (1) will not cause the Refunded Bonds or the
Refunding Bonds to be subjected to treatment as “arbitrage bonds,” unde r Section 148 of the
Code, and (2) is otherwise in compliance with this Agreement.
Any replacement authorized by this paragraph 4 shall be accomplished by sale, transfer,
request for redemption or other disposition of all or a portion of the federal securities described
in Exhibit A hereto with the proceeds thereof be ing applied to the purchase of substitute federal
securities, all as specified in the written direction of the Issuer.
5. The Agent acknowledges that arrangements satisfactory to it for payment of its
compensation for all services to be performed by it as Agent under this Agreement have been
made. The Agent expressly waives any lien upon or claim against the moneys and investments
in the Escrow Account.
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6. If at any time it shall appear to the Agent that the money in the Escrow Account will
not be sufficient to make any payment due to the registered owners of any of the Refunded
Bonds or Refunding Bonds as described in Section 2 hereof, the Agent sh all immediately notify
the Issuer. Upon receipt of such notice the I ssuer shall forthwith transmit to the Agent for
deposit in the Escrow Account from moneys on hand and legally available therefor, such
additional moneys as may be required to make any such payment; and the Issuer recognizes its
obligation to levy ad valorem taxes on all taxable property in the Issuer to the extent permitted
by Minnesota law to produce the moneys necessary for this purpose.
7. Within 60 days following the close of each fiscal year of the Issuer and the close of
the Escrow Account, the Agent shall submit to the Issuer a report covering all money it shall
have received and all payments it shall have made or caused to be made hereunder during the
preceding fiscal year or portion thereof.
8. It is recognized that titl e to the federal securities and money held in the Escrow
Account from time to time shall remain vested in the Issuer but subjec t always to the prior
charge and lien thereon of this Agreement and the use thereof required to be made by the
provisions of this Agreement. The Agent shall hold all such money and obligations in a special
trust fund and account separate and wholly segregated from all other funds and securities of the
Agent or deposited therein. It is understood and agreed that the responsibility of the Agent under
this Agreement is limited to the safekeeping and segregation of the moneys and securities
deposited with it in the Escrow Account, and the collection of and accounting for the principal
and interest payable with respect thereto.
9. This Agreement is made by the Issuer for the benefit of the hol ders of the Refunding
Bonds and the Refunded Bonds, as their interests may appear, and is not revocable by the Issuer,
and the investments and other funds deposited in the Escrow Account and all income therefrom
have been irrevocably appropriated for the payment of interest on the Refunding Bonds prior to
and including the Crossover Date and the payment and redemption of the Refunded Bonds on the
Crossover Date, in accordance with this Agreement. This Agreement may not be amended
except to (i) sever any clause here in deemed to be illegal, (ii) provide for the reinvestment of
funds or the substitution of securities as permitted by Section 4 here of or (iii) cure any ambiguity
or correct or supplement any provision herein which may be inconsistent with any other
provision, provided that the Agent shall determine that any such amendment shall not adversely
affect the owners of the Refunded Bonds. In the event an amendment to this Agreement is
proposed to be made pursuant to this Section 9, prior notice shall be given by first class mail,
postage prepaid, to the following organization at the following address (or such other address as
may be provided by the addressee) and shall be deemed effectiv e upon receipt: Moody’s
Municipal Rating Desk/Refunded Bonds, 7 World Trade Center – 250 Greenwich Street, New
York, New York 10007.
10. This Agreement shall be binding upon and sh all inure to the benefit of the Issuer and
the Agent and their respective successors and assigns. In addition, this Agreement shall
constitute a third party beneficiary contract for the benefit of the registered owners of the
Refunding Bonds and the Refunded Bonds, as their interests may appear. Said third party
beneficiaries shall be entitled to enforce performance and observance by the Issuer and the Agent
4
of the respective agreements and covenants herein contained as fully and completely as if said
third party beneficiaries were parties hereto.
11. Upon merger or consolidation of the Agent, if the resulting corporation is a bank or
trust company authorized by law to conduct such business, such corporation shall be authorized
to act as successor Agent. U pon the resignation of the Agent, which shall be communicated in
writing to the Issuer, or in the event the Agent becomes incapable of acting hereunder, the Issuer
reserves the power to appoint a successor Agent. No resignation shall become effective until a
successor agent has been appointed.
5
IN WITNESS WHEREOF the parties hereto ha ve caused this instrument to be duly
executed by their duly authorized officers on March __, 2012.
CITY OF EDEN PRAIRIE, MINNESOTA
By __________________________
Mayor
And _________________________
City Manager
[Signature Page to Escrow Agreement (Series 2012B)]
6
WELLS FARGO BANK, NATIONAL
ASSOCIATION,
as Agent
By _________________________________
Its ______________________________
[Signature Page to Escrow Agreement (Series 2012B)]
A-1
EXHIBIT A
B-1
EXHIBIT B
EXHIBIT C
NOTICE OF REDEMPTION
$4,290,000 General Obligation Bonds, Series 2006B
Dated as of March 1, 2005
City of Eden Prairie, Minnesota
Notice is hereby given that all Bonds of the above issue which mature on January 1 in the
following years and amounts:
Year Amount Rate CUSIP Year Amount Rate CUSIP
2016* $200,000 4.25% * 2022* $250,000 4.50% *
2017* 200,000 4.25 * 2023* 275,000 4.50 *
2018* 215,000 4.30 * 2024* 275,000 4.50 *
2019* 225,000 4.30 * 2025* 275,000 4.50 *
2020* 235,000 4.50 * 2026* 300,000 4.50 *
2021* 250,000 4.50 * 2027* 300,000 4.50 *
*Indicates full call.
are called for redemption and prepayment on January 1, 2015. The Bonds will be redeemed at a price of
100% of their principal amount plus accrued interest to the date of redemption. Holders of such Bonds
should present them for payment on or before said date, on which date they will cease to bear interest.
A form W-9, Payer’s Request for Taxpayer Identifica tion Number, must be completed and returned with
the called bond or 31% of the bond redemption proceed s will be withheld. Payment of bonds to be
redeemed will be made on and after January 1, 2 015, by submitting said bond along with the completed
form W-9 to Wells Fargo Bank, National Association, at the following addresses:
By Mail or Air Courier Service: By Registered or Certified Mail: In Person, By Hand:
Wells Fargo Bank, N.A. Wells Fargo Bank, N.A. Wells Fargo Bank, N.A.
Corporate Trust Operations Corporate Trust Operations Northstar East Building
MAC N9303-121 P.O. Box 1517 608 2 nd Avenue South, 12 th floor
6 th & Marquette Minneapolis, MN 55480-1517 Minneapolis, MN 55479
Minneapolis, MN 55479
If you request payment of principal and/or interest via wire transfer, please be advised there is a wire
transfer fee which will be deducted from your payment.
Dated: ___________, 2014. WELLS FARGO BANK, NATIONAL ASSOCIATION
CITY COUNCIL AGENDA
SECTION: Report of the City Manager
DATE:
February 21, 2012
DEPARTMENT/DIVISION:
Rick Getschow, City Manager
ITEM DESCRIPTION:
Resolution Supporting Metropolitan
Council’s 2012 Bonding Request for
Southwest Light Rail Transit
ITEM NO.: XIV.B.3.
Requested Action
Move to: Adopt resolution in support of Metropolitan Council’s 2012 bonding request for
Southwest Light Rail Transit.
Synopsis
Members of the Hennepin County Board have reques ted that all of the cities along the Southwest
Light Rail Transit (SWLRT) line adopt a resolution of support for the funding of the project that
is currently proposed by the Metropolitan Council in Governor Dayton’s capital bonding bill.
The $25 million state bonding request is crucial to keeping the project on schedule as it moves
through Preliminary Engineering and seeks final federal approval.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2012-___
RESOLUTION IN SUPPORT OF METROPOLITAN
COUNCIL’S 2012 BONDING REQUEST FOR
SOUTHWEST LIGHT RAIL TRANSIT
WHEREAS, the proposed Southwest Light Rail Transit line from Eden Prairie to Minneapolis
will run through our city with five station locations; and
WHEREAS, the Southwest Light Rail Transit line is a key element in our future development as
it connects businesses and workers, supports economic growth, improves transit options for residents,
and increases housing choices; and
WHEREAS, the Southwest Light Rail Transit will contribute to the economic vitality of this
region and support the economic competitiveness of the State of Minnesota; and
WHEREAS, members of the City Council, city staff, residents and business community have
been and continue to be supportive of and closely involved in the planning for this project, as indicated
by the previous adoption of a city council resolution in support of Southwest Light Rail Transit; and
WHEREAS, the Governor of the State of Minnesota supports and the Metropolitan Council has
requested $25,000,000 in 2012 bonding for S outhwest Light Rail Transit; and
WHEREAS, approving this bonding request is crucia l to keeping the Southwest Light Rail
Transit project on schedule as it moves through Preliminary Engineering and seeks final federal
approval.
BE IT RESOLVED that the Eden Prairie City Council strongly urges all Hennepin County state
legislators to support the Metropolitan Council’s bonding request for Southwest Light Rail Transit and
to work to make sure that the State of Minnesota continues to provide resources for this crucial regional
infrastructure.
ADOPTED by the City Council of the City of Eden Prairie, on this 21st day of February, 2012.
_________________________
Nancy Tyra-Lukens, Mayor
ATTEST:
________________________
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Report of the Community Development Director
DATE:
February 21, 2012
DEPARTMENT/DIVISION:
Community
Development/Planning
Janet Jeremiah/Regina Rojas
ITEM DESCRIPTION:
Livable Communities Transit Oriented
Development Grant Application
ITEM NO.: XIV.C.1.
Requested Action
Move to: Adopt the Resolution authorizing the City of Eden Prairie to apply for Livable
Communities Transit Oriented Development grant funds for Town Center Stormwater Analysis.
Synopsis
Eden Prairie is applying for Livable Communities Transit Oriented Development Pre-
Development grant funds for a Stormwater Analysis of the ½ mile radius surrounding the
proposed Town Center Station. The area is elig ible for Transit Improvement Area designation.
The requested grant is for $45,000 with a city match of $15,000.
Background Information
The Livable Communities Act (LCA) Transit Orie nted Development (TOD) program is a new
funding resource program provided by the Metropolitan Council intended to help catalyze
Transit Oriented Development in and around light rail transit, commuter rail, and high-frequency
bus transit stations by focusing on proposals that are:
In a Transit Improvement Area (TIA) desi gnated by the Minnesota Department of
Employment and Economic Development (D EED) or TIA-eligible station areas
located along light rail, commuter rail or bus rapid transitways operational by 2020.
Within one-quarter mile of any spot along high frequency local bus lines.
Within a one-half mile radius of bus stops or stations on high-frequency express
routes where significant passenger infrastructure is in place.
Four categories of LCA TOD grants are availa ble: Tax Base Revita lization Account (TBRA)
Contamination Cleanup Site Investigation T OD grants, TBRA Contamination Cleanup TOD
grants, Livable Communities Demonstration Account (LCDA) Pre-Development TOD grants,
and LCDA Development TOD grants.
LCDA Pre-Development TOD are in tended for applicants who are defining their project through
such activities as design workshops, preparing redevelopment, corridor or station area plans,
developing zoning and land use implementation tools such as overlay zones or zoning districts,
or determining strategies for land banking and land acquisition.
Implementation of Eden Prairie’s adopted Town Ce nter redevelopment plan has been deterred by
lack of stormwater management facilities in the area. This project wi ll create opportunities for
additional Town Center redevelopment by addressing the need for innovative multi-purpose
stormwater management facilities serving more than one property and providing more than one
function. The project will determine the amount of stormwater treatment necessary for build out
of the Town Center plan, provide an inventory of potential sites for stormwater treatment,
determine costs for implementation, and provide a developer’s guide for environmentally sound
stormwater Best Management Practices (BMPs).
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY MINNESOTA
RESOLUTION NO. 2012-_____
A RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES
TRANSIT ORIENTED DEVELOPMENT FUNDING AND AUTHORIZING AN
APPLICATION FOR GRANT FUNDS
WHEREAS, the City of Eden Prairie is a participant in the Metropolitan Livable
Communities Act (“LCA”) Local Housing Incenti ves Program for 2012 as determined by the
Metropolitan Council, and is therefore eligible to apply for LCA Livable Communities
Demonstration Account and Tax Base Revitaliz ation Account Transit Oriented Development
(collectively, “TOD”) Funds; and
WHEREAS, the City of Eden Prairie has identified a proposed TOD Project within the
City that meets TOD purposes and criteria and is consistent with and promotes the purposes of
the Metropolitan Livable Communities Act and the policies of the Metropolitan Council’s
adopted metropolitan development guide; and
WHEREAS, the City of Eden Prairie has the institutional, managerial and financial
capability to adequately mana ge an LCA TOD grant; and
WHEREAS, the City of Eden Prairie certifies that it will comply with all applicable laws
and regulations as stated in the grant agreement; and
WHEREAS, the City of Eden Prairie acknowledges TOD grants are intended to fund
TOD Projects or TOD Project components that can serve as models, exampl es or prototypes for
TOD development of redevelopment elsewhere in the region, and therefore represent that the
proposed TOD Project or key components of the proposed TOD Project can be replicated in
other metropolitan communities; and
WHEREAS, only a limited amount of grant funding is available through the
Metropolitan Council’s Livable Communities TOD initiative during each funding cycle and the
Metropolitan Council has determined it is appropriate to allocate those scarce grant funds only to
eligible TOD Projects that would not occur w ithout the availability of TOD grant funding.
NOW, THEREFORE, BE IT RESOLVED that, after appropriate examination and due
consideration, the City Council of the City of Eden Prairie:
1. Finds that it is in the best interests of the City’s development goals and priorities for the
proposed TOD Project to occur at this particular site and at this particular time; and
2. Finds that the TOD Project components fo r which Livable Communities TOD funding is
sought:
a. will not occur solely through private or other public investment within the
reasonably foreseeable future; and
b. will occur within the term of grant award (two years for Pre-Development grants,
and three years for Development Grants, one year for Cleanup Site Investigation
grants and three years for Cleanup grants) only if Livable Communities TOD
funding is made available for this TOD Project at this time.
3. Authorizes its Community Development Director to submit on behalf of the City an
application for Metropolitan Council Livable Communities TOD grant funds for the TOD
Project components identif ied in the application, and to ex ecute such agreements as may
be necessary to implement the TOD Project on behalf of the City.
ADOPTED by the City Council of the City of Eden Prairie this 21 st day of February, 2012.
_______________________
Nancy Tyra-Lukens, Mayor
ATTEST:
________________________
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Report of the Community Development Director
DATE:
February 21, 2012
DEPARTMENT/DIVISION:
Community Development/
Planning
Janet Jeremiah/Regina Rojas
ITEM DESCRIPTION:
Transit Improvement Area Designations
ITEM NO.: XIV.C.2.
Requested Action
Move to: Adopt the Resolution authorizing the C ity of Eden Prairie to approve five Transit
Improvement Area designation applications for th e proposed City West, Golden Triangle, Town
Center, Southwest Station and Mitchell Road Light Rail stations.
Synopsis
The Transit Improvement Area (TIA) Designation program is provided through the Department
of Employment and Economic Development (D EED). Designations are required to receive
DEED loans for projects that in crease the effectiveness of transit by incorporating commercial,
residential, or mixed-use development and pr ovide for safe, pedestrian-friendly use.
There are currently no state loan funds available through DEED for this program. However,
DEED has been approving designations for future loans if money becomes available. The TIA
designations also improve scoring for Livable Communities Demonstration Account (LCDA)
grants through the Metropolitan Council. The designations are not required for the first round of
Livable Communities Transit Oriented Developm ent (TOD) grants but communities must be
eligible for the designations. The City is appl ying for a TOD grant for Stormwater planning in
the Town Center area. Future TOD grant rounds may require that the desi gnations are in place.
Background Information
Designated TIAs are parcels of land encompassing a 1/2 mile radius around bus rapid transit,
light rail transit and commuter rail stations. DEED designated 53 TIA station areas in 2010. The
proposed light rail stations along the Southwest alignment in Minneapolis, St. Louis Park,
Hopkins, and Minnetonka are all designated TIAs.
Eden Prairie is applying for TI A designation for all five proposed light rail stations.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY MINNESOTA
RESOLUTION NO. 2012-_____
A RESOLUTION SUPPORTING TRANSIT IMPROVEMENT AREA APPLICATIONS
TO THE STATE OF MINNESOTA DEPARTMENT OF EMPLOYMENT AND
ECONOMIC DEVELOPMENT (DEED) FOR THE CITY WEST STATION, GOLDEN
TRIANGLE STATION, TOWN CENTER STATION, SOUTHWEST STATION AND
MITCHELL ROAD STATION
WHEREAS, there are five Southwest Light Rail Transit stations planned in the City of
Eden Prairie; and
WHEREAS, the City of Eden Prairie has approved five Transit Improvement Area
designation applications to be submitted to DEED on March 2, 2012 for the City West Station,
Golden Triangle Station, Town Center Station, Southwest Station, and Mitchell Road Station;
and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie
approves the Transit Improvement Area plans described in the applications.
BE IT FURTHER RESOLVED that upon approval of this application by the state, the Mayor
and City Manager may enter into agreements with the State of Minnesota for the above
referenced plan, and that the City of Eden Prairie certifies compliance with all applicable laws
and stated regulations as stated in all contract agreements.
ADOPTED by the City Council of the City of Eden Prairie the 21st day of February, 2012.
________________________
Nancy Tyra-Lukens, Mayor
ATTEST:
________________________
Kathleen Porta, City Clerk