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HomeMy WebLinkAboutCity Council - 05/15/2012 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,MAY 15, 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 I. FLYING CLOUD AIRPORT ADVISORY COMMISSION UPDATE II. FLYING CLOUD AIRPORT DEVELOPMENT SITES Open Podium - Council Chamber II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,MAY 15, 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. 2011 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 1, 2012 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 1, 2012 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. FLYING CLOUD AIRPORT ADVISORY COMMISSION UPDATE VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. FLYING CLOUD LANDFILL-PARCEL SUBDIVISION by Allied Waste Second Reading of the Ordinance for Zoning District Change from Rural to I-2 on 12.4 acres. Location: 9813 Flying Cloud Drive. (Ordinance for Zoning District Change) C. HENNEPIN VILLAGE—SITE B by Toll Brothers; Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 71.5 acres and Zoning District Change from Rural to R1-13.5 on 24.37 acres. Location: 71.5 acres east of Eden Prairie Road& south and west of Riley Creek. (Ordinance for PUD District Review with waivers and Zoning District Change) CITY COUNCIL AGENDA May 15, 2012 Page 2 D. ADOPT RESOLUTION APPROVING THE FINAL PLAT OF EDEN PRAIRIE WOODS E. ADOPT RESOLUTION AUTHORIZING RENEWAL OF THE HENNEPIN COUNTY RESIDENTIAL RECYCLING GRANT APPLICATION FOR 2012 THROUGH 2015 F. APPROVE JOINT POWERS AGREEMENT WITH MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR AQUATIC INVASIVE SPECIES PREVENTION AND MANAGEMENT G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK ASSOCIATES FOR THE PHASE III POND INVENTORY PROGRAM H. AWARD 2012 SEALCOAT PROJECT TO PEARSON BROTHERS, INC. I. AWARD 2012 BITUMINOUS OVERLAY PROJECT TO GMH ASPHALT CORPORATION J. APPROVE SEH PROPOSAL FOR DESIGN ANALYSIS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR STABILIZATION AND RESTORATION OF EROSION WITHIN LOWER RILEY CREEK K. AWARD THE CONTRACT TO REPLACE RINK 2 ROOF AT COMMUNITY CENTER TO PETERSON BROTHERS ROOFING & CONSTRUCTION L. APPROVE DISPOSAL OF SURPLUS VEHICLES AND EQUIPMENT M. ADOPT RESOLUTIONS RESCINDING RESOLUTIONS NO. 2007-94, 2007- 95 AND 2007-96 FOR OAK CREEK AT HENNEPIN VILLAGE 6TH ADDITION N. ADOPT RESOLUTION RESCINDING APPROVALS FOR THE MEADOWS 2012 IX. PUBLIC HEARINGS/MEETINGS A. PRAIRIE OAKS CORPORATE CENTER by CSM Corp. Request for: Planned Unit Development Concept Amendment on 8.4 acres, Planned Unit District Review with waivers on 8.4 acres, Zoning District Amendment in the I-5 Zoning District on 8.4 acres and Site Plan Review on 8.4 acres. Location: 6455 Flying Cloud Drive. (Resolution for PUD Concept Review) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE ADDING CITY CODE SECTION CITY COUNCIL AGENDA May 15, 2012 Page 3 5.75 RELATING TO ILLICIT DISCHARGE DETECTION AND ENFORCEMENT XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Budget Advisory Commission Report on City Council Compensation B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Resolution accepting grant from the Eden Prairie Community Foundation for AV Equipment at the Senior Center 2. Resolution accepting Hennepin Youth Sports Program Grant for a John Deere Utility Vehicle for the Miller Park Softball Complex 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: May 11, 2012 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, May 15, 2012 TUESDAY, MAY 15, 2012 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager's office at 952.949.8412 by noon of the meeting date with your name,phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager's Office. IV. PROCLAMATIONS/PRESENTATIONS A. 2011 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Synopsis: Minnesota statutes require that by June 30 of each year,the City prepare a financial report for activities of the previous year. This accounting report will be forwarded to the State by that deadline. Preparation of the report is largely the work of the Finance Division. The report is prepared with review by the independent auditing firm of Kern,Dewenter,Viere,Ltd. Kern,Dewenter,Viere,Ltd issued an unqualified opinion which is the highest level of opinion the City can receive and means the auditor believe the financial statements are fairly presented in all material respects. Steve Wischmann,Partner in the accounting firm will make a presentation of the financial report. MOTION: Move to accept the 2011 Comprehensive Annual Financial Report (CAFR). 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: ANNOTATED AGENDA May 15, 2012 Page 2 A. COUNCIL WORKSHOP HELD TUESDAY, MAY 1, 2012 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 1, 2012 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. FLYING CLOUD AIRPORT ADVISORY COMMISSION UPDATE Synopsis: A member of the Flying Cloud Airport Advisory Commission will present the annual report. MOTION: Move to receive the Flying Cloud Airport Advisory Commission 2011 Report and approve its 2012 Goals and Work Plan. VIII. CONSENT CALENDAR MOTION: Move approval of items A-N on the Consent Calendar. A. CLERK'S LICENSE LIST B. FLYING CLOUD LANDFILL-PARCEL SUBDIVISION by Allied Waste Second Reading of the Ordinance for Zoning District Change from Rural to I-2 on 12.4 acres. Location: 9813 Flying Cloud Drive. (Ordinance for Zoning District Change) C. HENNEPIN VILLAGE—SITE B by Toll Brothers; Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 71.5 acres and Zoning District Change from Rural to R1-13.5 on 24.37 acres. Location: 71.5 acres east of Eden Prairie Road& south and west of Riley Creek. (Ordinance for PUD District Review with waivers and Zoning District Change) D. ADOPT RESOLUTION APPROVING THE FINAL PLAT OF EDEN PRAIRIE WOODS E. ADOPT RESOLUTION AUTHORIZING RENEWAL OF THE HENNEPIN COUNTY RESIDENTIAL RECYCLING GRANT APPLICATION FOR 2012 THROUGH 2015 F. APPROVE JOINT POWERS AGREEMENT WITH MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR AQUATIC INVASIVE SPECIES PREVENTION AND MANAGEMENT G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK ASSOCIATES FOR THE PHASE III POND INVENTORY PROGRAM H. AWARD 2012 SEALCOAT PROJECT TO PEARSON BROTHERS, INC. I. AWARD 2012 BITUMINOUS OVERLAY PROJECT TO GMH ASPHALT CORPORATION ANNOTATED AGENDA May 15, 2012 Page 3 J. APPROVE SEH PROPOSAL FOR DESIGN ANALYSIS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR STABILIZATION AND RESTORATION OF EROSION WITHIN LOWER RILEY CREEK K. AWARD THE CONTRACT TO REPLACE RINK 2 ROOF AT COMMUNITY CENTER TO PETERSON BROTHERS ROOFING& CONSTRUCTION L. APPROVE DISPOSAL OF SURPLUS VEHICLES AND EQUIPMENT M. ADOPT RESOLUTIONS RESCINDING RESOLUTIONS NO. 2007-94, 2007-95 AND 2007-96 FOR OAK CREEK AT HENNEPIN VILLAGE 6TH ADDITION N. ADOPT RESOLUTION RESCINDING APPROVALS FOR THE MEADOWS 2012 IX. PUBLIC HEARINGS/MEETINGS A. PRAIRIE OAKS CORPORATE CENTER by CSM Corp. Request for: Planned Unit Development Concept Amendment on 8.4 acres, Planned Unit District Review with waivers on 8.4 acres, Zoning District Amendment in the I-5 Zoning District on 8.4 acres and Site Plan Review on 8.4 acres. Location: 6455 Flying Cloud Drive. (Resolution for PUD Concept Review) Official notice of this public hearing was published in the May 3, 2012,Eden Prairie News and sent to 16 property owners. Synopsis: The plan is to change the interior of the building from 75%to 90 % office and construct 48 new parking spaces. The I-5 zoning district allows up to 50% office. In 2000, the property was granted a waiver for 75% office use. The proposed waiver is from 75%to 90% office use. From 1982 to present, the city has granted 15 variances/PUD waivers from city code to allow for greater than 75% office use within an industrial zoning district. The proposed plan meets parking requirements based on 90% office use. The 120-Day Review Period Expires on July 25, 2012. The Planning Commission voted 7-0 to recommend approval of the project at the April 23, 2012 meeting. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 8.4 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the 1-5 Zoning District on 8.4 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. ANNOTATED AGENDA May 15, 2012 Page 4 X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE ADDING CITY CODE SECTION 5.75 RELATING TO ILLICIT DISCHARGE DETECTION AND ENFORCEMENT Synopsis: In 2011 the Minnesota Pollution Control Agency (MPCA) stated that the Illicit Discharge and Detection Enforcement (IDDE)provisions required in our Phase II NPDES stormwater permit were not met by our existing city code. The MPCA requested that the city provide an illicit discharge detection and enforcement ordinance that specifically references non-stormwater discharges to the city's stormwater system or risk being seen as not in compliance with our permit. This ordinance was based on a model ordinance provided by the MPCA. MOTION: Move to approve First Reading of an Ordinance adding City Code Section 5.75 relating to illicit discharge detection and enforcement. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Budget Advisory Commission Report on City Council Compensation Synopsis: At the request of the City Council, the BAC conducted a review of Mayoral and Council salary to provide rationale for making any changes. The BAC reviewed Mayor and Council salary of other cities, the history of salary, and other information that is included in the report. After an analysis of the data and discussion among the commission members the BAC report concluded as follows: The BAC believes there is adequate data to support a salary increase. In the future, the BAC recommends blending the technology stipend and salary components together. Some pros and cons of the potential salary increase follow: Pros • Balance to other cities • Discontinuance of special meeting pay in 2010 • Adjustment for inflation Cons • Difficult economy • Citizen perception/public opinion ANNOTATED AGENDA May 15, 2012 Page 5 B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Resolution Accepting Grant from the Eden Prairie Community Foundation for AV Equipment at the Senior Center Synopsis: The grant in the amount of$3,000 will be used in combination with matching funds from the Eden Prairie Senior Advisory Council ($2,645), and a memorial donation in memory of Ruth Dover who was an active volunteer and regular participant at the Senior Center($700) for a total project cost of$6,345. The grant will be used to purchase audio/visual equipment for the Senior Center. The equipment includes a projector and screen which will be used for presentations during classes, events, meetings and rentals. The proposed audio/visual equipment will include a portable projector and screen that can be used in any room in the building. MOTION: Move to adopt resolution accepting the grant in the amount of $3,000 from the Eden Prairie Community Foundation to be used toward the purchase of new audio/visual equipment; projector and screen for the Eden Prairie Senior Center. 2. Resolution Accepting Hennepin Youth Sports Program Grant for a John Deere Utility Vehicle for the Miller Park Softball Complex Synopsis: The City of Eden Prairie partnered with the Eden Prairie Fastpitch Softball Association on a sports equipment grant application earlier this spring for a new utility vehicle which could be used by the Eden Prairie Fastpitch Association, the City of Eden Prairie and other Eden Prairie Youth Athletic Associations. The new gator, a John Deer utility vehicle, will be used at the Miller Park pinwheel complex. It will be used primarily to drag aglime infields, haul equipment, collect trash and assist with other special event projects. This utility vehicle will directly benefit the Eden Prairie Fastpitch Association league play, clinics, tournaments, including the Eden Prairie High School Fastpitch teams. This utility vehicle will also benefit other youth athletic associations, including the Eden Prairie Baseball Association and Eden Prairie Soccer Club who also use outdoor athletic facilities at Miller Park. In addition, the utility vehicle can be used for community events such as the 4th of July Celebration, Safety Camp and the City-wide Open House. ANNOTATED AGENDA May 15, 2012 Page 6 MOTION: Move to adopt resolution accepting the $9,500 Sports Equipment Grant from the Hennepin Youth Sports Program to purchase a John Deere Utility Vehicle for the Miller Park Softball Complex. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Presentations May 15, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.A. Sue Kotchevar, Office of the 2011 Comprehensive Annual Financial City Manager/Finance Report(CAFR) Requested Action Move to: Accept the 2011 Comprehensive Annual Financial Report (CAFR). Synopsis Minnesota statutes require that by June 30 of each year, the City prepare a financial report for activities of the previous year. This accounting report will be forwarded to the State by that deadline. Preparation of the report is largely the work of the Finance Division. The report is prepared with review by the independent auditing firm of Kern, Dewenter, Viere, Ltd. Kern, Dewenter, Viere, Ltd issued an unqualified opinion which is the highest level of opinion the City can receive and means the auditor believe the financial statements are fairly presented in all material respects. Steve Wischmann,Partner in the accounting firm will make a presentation of the financial report. 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A ,�,,: . l �. :Y , Comprehensive Annual Financial Report For the Year Ended December 31, 2011 City of Eden Prairie, Minnesota COMPREHENSIVE ANNUAL FINANCIAL REPORT of the CITY OF EDEN PRAIRIE MINNESOTA For The Year Ended December 31, 2011 Rick Getschow, City Manager Prepared by THE FINANCE DIVISION Sue Kotchevar, Chief Financial Officer City of Eden Prairie, Minnesota For the Year Ended December 31, 2011 Table of Contents Page Introductory Section Letter of Transmittal 7 GFOA Certificate of Achievement 16 Organizational Chart 17 List of Principal Officials 18 Financial Section Independent Auditor's Report 20 Management's Discussion and Analysis 22 Basic Financial Statements Government-wide Financial Statements Statement of Net Assets 38 Statement of Activities 39 Fund Financial Statements Balance Sheet-Governmental Funds 42 Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Assets 44 Statement of Revenues,Expenditures and Changes in Fund Balances - Governmental Funds 45 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities 47 Statement of Revenues,Expenditures and Changes in Fund Balance- Budget and Actual- General Fund 48 Statement of Net Assets- Proprietary Funds 51 Statement of Revenues,Expenses and Changes in Net Assets - Proprietary Funds 52 Statement of Cash Flows - Proprietary Funds 53 Statement of Fiduciary Net Assets -Agency Funds 55 Notes to Financial Statements 56 City of Eden Prairie, Minnesota For the Year Ended December 31, 2011 Page Required Supplemental Information Modified Approach for Infrastructure Assets 94 Other Post-Employment Benefits Plan 95 Combining Fund Statements Combining Balance Sheet-Nonmajor Governmental Funds 103 Combining Statement of Revenues, Expenditures and Changes in Fund Balance - Nonmajor Governmental Funds 111 Combining Statement of Net Assets - Internal Service Funds 120 Combining Statement of Revenues, Expenses and Changes in Net Assets - Internal Service Funds 122 Combining Statement of Cash Flows - Internal Service Funds 124 Combining Statement of Fiduciary Net Assets-Agency Funds 129 Combining Statement of Changes in Assets and Liabilities - Agency Funds 130 Statistical Section Government-wide Net Assets by Category 133 Changes in Net Assets - Total 134 Changes in Net Assets- Governmental Activities 135 Changes in Net Assets- Business-type Activities 136 Fund Balances - Governmental Funds 137 Changes in Fund Balances - Governmental Funds 138 Assessed/Tax Capacity Value and Estimated Market Value of Property 139 Direct and Overlapping Property Tax Rates 140 Principal Property Taxpayers 141 Property Tax Levies and Collections 142 Legal Debt Margin 143 Ratios of Outstanding Debt by Type 144 Ratios of Total Debt Outstanding by Type 145 Computation of Direct and Overlapping Bonded Debt- General Obligation Bonds 146 Demographic and Economic Statistics 147 Principal Employers 148 Employees by Function 149 Operating Indicators 156 Capital Assets Statistics by Function 157 Introductory EDEN PRAIRIE May 8, 2012 1IVE•woFK•DREArd To the Honorable Mayor, Members of the City Council and the Citizens of the City of Eden Prairie: The comprehensive annual financial report of the City of Eden Prairie, Minnesota, for the year ended December 31, 2011, is hereby submitted. The report was prepared in accordance with accounting principles generally accepted in the United States of America (GAAP) as established by the Governmental Accounting Standards Board and meets the requirements of the State Auditor's Office. The report consists of management's representations concerning the finances of the City. Consequently management assumes full responsibility for the completeness and reliability of all information presented within this report. To provide a reasonable basis for making these representations, management of the City has established internal controls designed to protect the City's assets from loss, theft or misuse and to provide sufficient information for the preparation of these financial statements in conformity with GAAP. Because the cost of internal controls should not outweigh the benefits, the City's internal controls have been designed to provide reasonable rather than absolute assurance that the financial statements will be free from material misstatements. As management, we assert that to the best of our knowledge and belief this financial report is complete and reliable in all material respects. The City's financial statements have been audited by Kern, DeWenter, Viere, Ltd. Certified Public Accountants. The goal of the independent audit was to provide reasonable assurance that the financial statements of the City for the year ended December 31, 2011, are free of material misstatement. The independent audit involved examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estimates used by management; and evaluating the overall financial statement presentation. Based upon the audit, the independent auditor concluded that there was reasonable basis for rendering an unqualified opinion that the City's financial statements, for the year ended December 31, 2011, are fairly presented in conformity with GAAP. The independent auditors report is present in the financial section of this report. GAAP requires that management provide a narrative introduction, overview, and analysis to accompany the basic financial statements in the form of Management's Discussion and Analysis (MD&A). This letter of transmittal is designed to complement the MD&A and should be read in conjunction with it. The City's MD&A can be found in the financial section of this report immediately following the report of the independent auditors. City Profile Eden Prairie is a suburban community of 62,900 people located in the southwest corner of Hennepin County in a setting of rolling hills and picturesque lakes and creeks. Eden Prairie has a convenient location, a comprehensive system of highways, and is a short distance from downtown Minneapolis and St. Paul and the Minneapolis-St. Paul International Airport. Incorporated in 1974 as a City,the City of Eden Prairie operates under a Statutory Plan B form of government. Policymaking and legislative authorities are vested in the governing council, which consists of a mayor and a four-member council. The governing council is responsible, among other things, for passing ordinances, adopting the budget, appointing committees and hiring the government's manager and attorney. The council is elected on a nonpartisan basis. The mayor and council members are elected to four-year staggered terms. The City Manager is responsible for carrying out the policies and ordinances of the governing council, for overseeing the day-to- day operations of the government, and to assign appropriate responsibility and authority to City staff for the efficient and effective delivery of City services. The City provides its residents and businesses with a full range of municipal services consisting of police and fire protection, street maintenance, recreation programs, park maintenance, community and economic development,building inspections, and a water and sewer utility. The City is also financially accountable for the Housing and Redevelopment Authority (HRA), which is included in the City's financial statements as a blended component unit. Additional information on the HRA can be found in Note 1 in the notes to the financial statements. The biennial budget serves as the foundation for the City's financial planning and control. Departments submit budget requests to Finance in May and the City Manager presents the proposed budget to the City Council for review prior to September 15th of each year. Budget workshops are usually held with the City Council in June or July and in August. The City Council holds a public meeting on the proposed budget and adopts the final budget in December each year. During the first year of the two year budget process, both years' budgets are developed and the first year's budget is adopted by the council. During the second year of the two year budget process, budget work is minimized. Staff updates the budget for any significant budget developments and the council then reviews and adopts the second year budget. 8 The budget is prepared by department and division. The City's directors and division managers may make transfers of appropriations within a division. Transfers of appropriations between departments require the approval of the City Manger. Any changes in the total budget must be approved by the City Council. Economic Conditions and Outlook The City of Eden Prairie is located in the southwest corner of the Minneapolis/St. Paul Metropolitan area. With the update of the comprehensive plan in 2008 and the trend towards condensed multi-family housing in the downtown area, it is expected that Eden Prairie's population will grow to 77,100. Year Population Increase 1960 Census 3,233 134% 1970 Census 6,938 115% 1980 Census 16,263 134% 1990 Census 39,311 142% 2000 Census 54,901 40% 2010 Census 60,797 11% 2011 City Estimate 62,900 3% As you can see from the table below,the City added new market value in 2011. $25o $12 Market Value History :: ' ' i Si $8 I — $6 $100 — 11111 1P1 co $4 : 711111 , $2 3 � Z I 1 I 1 $o ff 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 0 Em New Market Value Total Market Value The business environment in Eden Prairie is good especially considering the current United States and local economy. Eden Prairie's unemployment rate is 4.1% which is less than the State rate of 5.2% and the US rate of 8.2%. Business continues to invest in Eden Prairie including the following businesses this past year: 9 • New places to eat include Little Caesars, I-Hop, Five Guys Burgers & Fries, Famous Dave's, Dickey's BBQ, Panino Brothers, and Smashburger. These companies have all invested visions,time,and money in the community. • Some of the larger construction projects and values for the last year include: o Stratasys Inc converted existing office/warehouse space into manufacturing space, $6,165,488 valuation. o United HealthCare remodeled the former ADC/Tyco building, $1,552,500 valuation. o Eagle Ridge Academy renovated an existing building, $1,702,000 valuation. o Metropolitan Ford built a new building, $5,050,000 valuation. o CIGNA revamped four floors of their building, $1,500,000 valuation. o Milestone Audiovisual did an extensive interior facelift on the former Department 56 building, $5,363,979 valuation. Also, as you can see from the previous graph, the City's tax base declined from $9.6 billion to $8.9 billion from 2010 to 2011. The change for 2012 is more moderate with a decrease to $8.7 billion. These changes are due to general market conditions and are not reflective of circumstances specific to Eden Prairie. For taxes payable in 2013, the tax base is beginning to moderate with an increase in value for apartments and with commercial property maintaining values or slightly increasing values. Light Rail Transit(LRT) The Southwest Transitway is a proposed high frequency light rail transit line connecting Eden Prairie, Minnetonka, Hopkins, St. Louis Park, Minneapolis neighborhoods and the Minneapolis downtown area. The Hennepin County Regional Railroad has been leading the preparation of studies and plans for a transitway to serve this growing part of the Metro Area. The Southwest Transitway will be a 15 mile corridor with 17 stations with five of the stations in Eden Prairie. Despite the funding challenges, Southwest LRT has passed a crucial test this year when it received federal approval for preliminary engineering. The next big hurdle is getting through the Environmental Impact Statement process. The line is expected to be operating in 2018. The City has planned for transit supportive uses and densities within 1/2 mile of the stations proposed for the Major Center Area's Town Center and the Golden Triangle Area. United Health Group Also, in 2012, the northeast corner of Eden Prairie will be transformed as reconstruction projects along Shady Oak Road and The United Health Group (UHG) campus start up. The first phase of the UHG project will include the construction of two eight story buildings and a parking ramp io set for completion in 2013. The project will include four new buildings totaling almost 1.5 million square feet of office space on 71 acres. The $240 M redevelopment project will transform the wooded area just bordering Eden Prairie into a state-of-the-art walkable corporate campus with space for a light rail transit station. Presbyterian Homes has a signed development agreement for 70,000 SF of commercial space,447 care center and senior units, and 260 market rate apartments. The exact timing of this project is not known but should be the next couple of years. Eden Prairie serves as the corporate headquarters location for many national and international businesses including CH Robinson World Wide, GE Capital, United Healthcare Services, numerous multi-tenant office building partnerships, Lifetouch Inc., SuperValu Inc, American Family Mutual Insurance, MTS systems Corporation, and others. Eden Prairie also has key locations for retailing including the City's mall which was completely remodeled in 2001 and has approximately 1.5 million square feet of shopping. The mall is part of the City's "Major Center Area" or downtown. Stores include a 160,000 square foot Von Maur Department Store, a Barnes and Noble Bookstore, an 18-screen AMC movie theater, numerous restaurants including Wildfire, Biaggi's, and other national retailers. The Southwest Station is also part of the City's downtown and includes the Southwest metro transit hub and offices, 900 car parking structure, multiple restaurants and a luxury 236 unit condominium complex. Long-term Financial Planning The City has implemented various financial/budget policies to guide the Council and staff when making financial decisions to ensure the long-term stability and flexibility of City finances and operations. These polices include the following: • The original budget should be balanced with revenues equal to expenditures, • One-time revenues will be used for one-time expenditures, • The City will maintain fund balance for working capital in the general fund 50% of the next year's tax levy, • The City will also maintain 10% of the next year's budget in fund balance for budget stabilization and 5% of the next year's budget for budget balancing, • The City will confine long-term debt to capital improvements or projects that cannot be financed from current revenues,and • The City will maintain a five-year capital improvement plan to provide for capital asset acquisition,maintenance, replacement, and retirement. 11 As part of the budget process,the council reviews and updates the City's financial policies. Major Initiatives Organizational Change During 2010 the City began the transition and hire of a new City Manager. Rick Getchow started on 03/28/2011. He served as Hopkins, MN city manager from 2005 to 2011. Between 1996 and 2005, he served as city administrator for the Minnesota cities of Lauderdale and Hector. He earned his bachelor's degree in political science from Miami University (Ohio) and master's degree in public administration from the University of Wisconsin-Milwaukee. In June 2011 the City hired a new Public Works Director, Robert Ellis. Mr. Ellis worked as the Public Works Director in Rapid City, SD from 2008 to 2011, as the City Engineer in Rapid City, SD from 2007 to 2008, as the Assistant City Engineer in Sioux Falls, SD from 2006 to 2007, and as the Traffic Engineer in Sioux Falls, SD from 1999 to 2005. He received his Bachelor's Degree in Civil Engineering from the University of Wyoming. Flying Cloud Athletic Field Expansion The Flying Cloud Athletic Field expansion improvements have been in the planning and development process since 2002. The funding for this project comes from the 2005 Park Bond Referendum which earmarked money for a variety of park improvement projects within the city. The scope of this project was the mass grading of 28 acres of land to build four youth athletic fields, an access road, parking lots and storm water infiltration basins on property leased by the City from the Metropolitan Airport Commissions (MAC). The youth athletic fields consist of two multi-purpose turf fields suitable for soccer, lacrosse and football, along with two fenced baseball fields. The total cost of the project is approximately $1.2 M. The fields are expected to be open for play in 2013. Round Lake Park Updates Many of the amenities at Round Lake Park have reached the age and condition where replacement is needed. In addition to the play structure replacement, updates to the parking area, the shelter and community building are planned for 2012. Parks and Recreation staffs along with consultants have worked with members of the Parks, Recreation and Natural Resources Commission to complete a master plan that ensures fit and complimentary use of the park into the future. 12 Round Lake Park Skate Park The skate park at Round Lake Park has been heavily used and in place for over ten years. Parks and Recreation staff have been working with a group of skaters and bikers to design the replacement concept. New concrete materials will be used to provide a smooth skating surface and a longer lifespan for the park. This project will occur in 2012. Digital Cities Award The City of Eden Prairie was awarded first place in the Center for Digital Government"Digital Cities Survey" in the population category of 30,000 to 74,999. The award recognized the many diverse technology projects being DIGITAL SU EY implemented in Eden Prairie. The largest project was the Public Safety R Consolidation and Integration Project. For the past couple years, Information tee Technology and Police staff have worked to consolidate the Police record system, the Fire record system, the Police mobile system and the Police dispatch system into one system. Many efficiencies and improvements have been made. There is now only one system to manage versus four separate systems. Citation data is now electronically transferred from the squad cars to Hennepin County and State Court. This improves accuracy, turnaround time on citations and eliminates manual rekeying effort for the agencies. The City, County and State all benefited by the implementation. This allows officers to reduce their traffic stop times down to 85% of the previous time and spend more time conducting proactive patrols. Also, the City has completed many County and State interfaces to the New World System to reduce manual data entry and enhance data sharing. Energy Initiative Over the past five years, the City of Eden Prairie has been implementing an energy initiative called 20-40-15 that is aimed at increasing the overall efficiency of the City's use of electricity, fuel and other energy resources. The plan calls for increased energy efficiency in City-owned facilities by 20 percent; increased fuel efficiency in the City's fleet of vehicles by 40 percent; and accomplishing these goals by the year 2015. The City hired McKinstry to perform energy audits and to identify energy saving projects within the City. The City has recently completed Phase III of 20-40-15. This phase included the following changes and improvements: installing a new, more efficient energy management system which would control all heating, ventilating and air conditioning units as well as most of the interior lighting at the City Center, modifying the ice rink dehumidifier at the Community Center to make it more energy efficient, replacing three major pieces of cooling equipment at the City 13 Center with more energy efficient units, and replacing parking lot lights at four City parks with energy-efficient LED lighting. For Phase III, the City received $626,700 of Energy Efficiency and Conservation Block Grant from the federal government. Upon completion of Phase Three, the City has officially surpassed the half-way mark, toward accomplishing the goals set forth by the 20-40-15 initiative! With four years remaining, City staff will continue to explore possibilities for the next phase of the 20-40-15 initiative. Certificate of Achievement The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Eden Prairie for its Comprehensive Annual Financial Report (CAFR) for the fiscal year ended December 31,2010. The Certificate of Achievement is a prestigious national award-recognizing conformance with the highest standards for preparation of state and local government financial reports. In order to be awarded a Certificate of Achievement, a government unit must publish an easily readable and efficiently organized comprehensive annual financial report whose contents conform to program standards. Such comprehensive annual financial report must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year. The City of Eden Prairie has received a Certificate of Achievement every year since 1990. We believe our current report continues to conform to the Certificate of Achievement program requirements, and we are submitting it to GFOA. In addition, the Government Finance Officers Association of the United States and Canada (GFOA) presented the Distinguished Budget Presentation award to the City of Eden Prairie for its Two Year Budget for the fiscal years beginning January 1, 2010 and 2011. In order to receive this award, a government unit must publish a budget document that meets program criteria as a policy document, as an operations guide, as a financial plan and a communications device. The award is valid for a period of two years only. The City of Eden Prairie has received a Distinguished Budget Presentation award for every budget since 1998. Also,the Government Finance Officers Association of the United States and Canada (GFOA) has given an Award for Outstanding Achievement in Popular Annual Financial Reporting to the City of Eden Prairie for its Popular Annual Financial Report for the fiscal year ended December 31, 2010. The Award for Outstanding Achievement in Popular Annual Financial Reporting is a prestigious national award recognizing conformance with the highest standards for preparation of state and local government financial reports. In order to receive an Award for Outstanding Achievement in Popular Annual Financial Reporting, a government unit must publish a Popular Annual Financial Report, whose contents conform to program standards of creativity, presentation, understandability, and reader appeal. An Award for Outstanding Achievement in Popular Annual Financial Reporting is valid for a period of one year only. The City of Eden 14 Prairie has received the award annually since 1998. We believe our current report continues to conform to the Popular Annual Financial Reporting requirements, and we are submitting it to GFOA. Acknowledgements We would like to express our appreciation to the employees of the Finance Division for their contribution to the preparation of this report. We would also like to thank the Mayor and Council Members for their continued support in planning and conducting the financial operations of the City in a responsible and progressive manner. Respectfully submitted, Rick Getschow Sue Kotchevar City Manager Chief Financial Officer 15 City of Eden Prairie, Minnesota For the Year Ended December 31, 2011 Certificate of Achievement for Excellence in Financial Reporting Presented to City of Eden Prairie Minnesota For its Comprehensive Annual Financial Report for the Fiscal Year Ended December 31,2010 A Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers Association of the United States and Canada to government units and public employee retirement systems whose comprehensive annual financial reports(CAFRs)achieve the highest standards in government accounting and financial reporting. okti OrAye cep,;(4._, .47 D STABS`r e. w: it� ' 1 a. TION 2 President �NiiAG4 *ear Executive Director 16 City of Eden Prairie, Minnesota For the Year Ended December 31, 2011 City of Eden Prairie Organization Structure Citizens Housing&Redevelopment Boards&Commissions City Council Authority(HRA)* *Council serves in this capacity • Arts&Culture Commission • Board of Appeal and Equalization • Budget Advisory Commission t • Conservation Commission City Manager • Flying Cloud Airport Advisory Commission • Heritage Preservation Commission City Attorney • Human Rights&Diversity Commission • Parks,Recreation&Natural Resources Commission • Planning Commission 111 Departments 1 I I 1 Administration Community Development Parks&Natural Police Engineering/ Resources Public Works • Communication • Assessing • Community Center • Investigation • Building Inspections • Engineering • Facilities • Economic • Parks • Patrol • Emergency • Fleet Management • Finance Development • Recreation • Support Services Preparedness • Streets • Human Resources • Housing& • Fire Inspections • Utilities/Water • IT Community Services • Fire Suppression • Office of City Manager • Planning 17 City of Eden Prairie, Minnesota For the Year Ended December 31, 2011 Principal Officials Elected Officials: Mayor (Term expiration 12/31/14) Nancy Tyra-Lukens Council Member (Term expiration 12/31/12) Ron Case Council Member (Term expiration 12/31/12) Brad Aho Council Member (Term expiration 12/31/14) Sherry Butcher Wickstrom Council Member (Term expiration 12/31/14) Kathy Nelson Appointed Officials: City Manager Rick Getschow City Attorney Richard Rosow Departments: Chief of Police Rob Reynolds Community Development Director Janet Jeremiah Fire Chief George Esbensen Parks and Recreation Director Jay Lotthammer Public Works Director Robert Ellis 18 Financial I(DN- Expert advice. When you need it.s" INDEPENDENT AUDITOR'S REPORT Honorable Mayor and Members of the City Council City of Eden Prairie Eden Prairie, Minnesota We have audited the accompanying financial statements of the governmental activities, the business-type activities, each major fund and the aggregate remaining fund information of the City of Eden Prairie, Minnesota, as of and for the year ended December 31, 2011,which collectively comprise the City's basic financial statements as listed in the Table of Contents. These financial statements are the responsibility of the City's management. Our responsibility is to express opinions on these financial statements based on our audit. The prior year partial comparative information has been derived from the City's 2010 financial statements in our report dated April 29, 2011, we expressed unqualified opinions on the respective financial statements of the governmental activities, the business-type activities, each major fund and the aggregate remaining fund information. We conducted our audit in accordance with U.S. generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those Standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe our audit provides a reasonable basis for our opinions. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund and the aggregate remaining fund information of the City of Eden Prairie, Minnesota, as of December 31, 2011, and the respective changes in financial position and where applicable, cash flows, thereof, and the respective budgetary comparison for the General Fund for the year then ended in conformity with U.S. generally accepted accounting principles. The City has implemented Governmental Accounting Standards Board(GASB) Statement No. 54,Fund Balance Reporting and Governmental Fund Type Definitions for the year ended December 31, 2011. The financial statements include prior year partial comparative information. Such information does not include all of the information required in a presentation in conformity with U.S. generally accepted accounting principles. Accordingly, such information should be read in conjunction with the City's financial statements for the year ended December 31, 2010, from which such partial information was derived. Expert advice. When you need it.S' St.Cloud Twin Cities www.kdv.com 220 Park Avenue S. 3800 American Boulevard W. Certified Public Accountants P.O.Box 1304 Suite 1000 Toll Free Wealth Management St.Cloud,Minnesota Bloomington,Minnesota 877.912.7696 Payroll Services 56302 55431 Business Valuations Phone:320.251.7010 Phone:952.563.6800 Technology Help Desk Technology Services Fax:320.251.1784 20 Fax:952.563.6801 866.400.6426 WV In accordance with Government Auditing Standards,we have also issued our report dated May 8, 2012, on our consideration of the City's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. U.S. generally accepted accounting principles require that the Management's Discussion and Analysis, which follows this report letter, and the information on the City's modified approach to infrastructure reporting as well as the Schedule of Funding Progress, be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the GASB, who considers it to be an essential part of the financial reporting for placing the basic financial statements in an appropriate operational, economic or historical context. We have applied certain limited procedures to the required supplementary information in accordance with U.S. generally accepted auditing standards, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City's financial statements as a whole. The accompanying supplementary information identified in the Table of Contents is presented for purposes of additional analysis and is not a required part of the financial statements. The supplementary information is the responsibility of management and was derived from and relates directly to, the underlying accounting and other records used to prepare the financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other procedures in accordance with U.S. generally accepted auditing standards. In our opinion, the information is fairly stated, in all material respects in relation to the financial statements as a whole. The information identified in the Table of Contents as the Introductory and Statistical Sections is presented for purposes of additional analysis and is not a required part of the basic financial statements of the City. This information has not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we express no opinion on it. 116m,‘4 Pe(11)4,eA 4, V- W. KERN, DEWENTER, VIERE, LTD. St. Cloud, Minnesota May 8, 2012 21 City of Eden Prairie, Minnesota Management's Discussion and Analysis As management of the City of Eden Prairie, this section of the City's comprehensive annual financial report presents a discussion and analysis of the City's financial activities during the fiscal year ended December 31, 2011. This discussion and analysis should be read in conjunction with the transmittal letter in the introductory section of this report. Financial Highlights The City as a Whole • The assets of the City exceeded liabilities by$384 million. Of this amount, $58 million (unrestricted net assets) may be used to meet the City's ongoing obligations to citizens and creditors, $317 million is invested in capital assets,net of related debt, and$9 million is restricted. • The City's total net assets increased by $10,663,907 or 3%. The key factor in this increase was the issuance of crossover bonds in December. • The City's total long-term liabilities increased by $7,117,552 or 19% in comparison with the prior year. The key factor in this increase was also due to the issuance of crossover bonds in December. Fund Financial Statements • The City's governmental funds reported combined ending fund balances of$52 million, an increase of $5,607,895 or 12% in comparison with the prior year. The changes in fund balance can be contributed to changes to various funds including the following: • Increase in fund balance of$236,900 in the General fund which maintains the City's fund balance policy of maintaining adequate working capital for the first six months of next year and providing for budget stabilization. • Increase in fund balance of$1,783,825 in the General Obligation Improv. Revolving 2005B fund due to the issuance of G.O. Revolving Crossover Bonds 2011D. • Increase in fund balance of$1,301,748 in the Capital Improvement Maintenance fund, of which details can be found in the "Other Major Funds"section. • Decrease in fund balance of$230,134 in the Public Improvement Construction fund due mainly to the CSAH4 to TH212 construction project. This project will be funded primarily with State aid. • Other governmental funds had an overall increase in fund balance of$2,528,829 due mainly to the following increases and decreases: • Decrease in fund balance of$878,040 in the HRA Lease Revenue 2002 fund due to planned use of fund balance to repay debt. • Increase in fund balance of$4,325,385 in the General Obligation bonds 2006A fund due to the issuance of G.O. Refunding Crossover Bonds 2011C. 22 City of Eden Prairie, Minnesota Management's Discussion and Analysis • Decrease in fund balance of$1,330,672 in the Parks Referendum fund due to planned project expenses. • Approximately 69% of the combined fund balances in the governmental funds is unrestricted and therefore available to meet the City's current and future needs. Using This Annual Report This annual report consists of a series of financial statements. The Statement of Net Assets and the Statement of Activities provide information about the activities of the City as a whole and present a longer-term view of the City's finances. For governmental activities, the fund financial statements tell how these services were financed in the short term as well as what remains for future spending. Fund financial statements also report the City's operations in more detail than the government-wide statements by providing information about the City's most significant funds. The remaining statements provide financial information about activities for which the City acts solely as a trustee or agent for the benefit of those outside of the government. Reporting the City as a Whole The Statement of Net Assets and the Statement of Activities One of the most important questions asked about the City's finances is "Is the City as a whole better off or worse off as a result of the year's activities?" The Statement of Net Assets and the Statement of Activities report information about the City as a whole and about its activities in a way that helps answer this question. These statements include all assets and liabilities using the accrual basis of accounting, which is similar to the accounting used by most private-sector companies. All of the current year's revenues and expenses are taken into account regardless of when cash is received or paid. These two statements report the City's net assets and changes in them. You can think of the City's net assets - the difference between assets and liabilities - as one way to measure the City's financial health, or financial position. Over time, increases or decreases in the City's net assets are one indicator of whether its financial health is improving or deteriorating. You will need to consider other nonfinancial factors, however, such as changes in the City's property tax base and the condition of the City's roads, to assess the overall health of the City. In the Statement of Net Assets and the Statement of Activities, we divide the City into two kinds of activities: • Governmental Activities - Most of the City's basic services are reported here, including general government, public safety, public works, and parks and recreation. Property taxes, charges for services, and capital grants and contributions finance most of these activities. 23 City of Eden Prairie, Minnesota Management's Discussion and Analysis • Business-type Activities - The City charges a fee to customers to help it cover all or most of the cost of certain services it provides. The City's utility system (Water, Sewer and Storm Drainage Fund) and liquor operations are reported here. Reporting the City's Most Significant Funds Fund Financial Statements The fund financial statements provide detailed information about the most significant funds - not the City as a whole. Some funds are required to be established by State law and by bond covenants. However, the City Council establishes many other funds to help it control and manage money for particular purposes or to show that it is meeting legal responsibilities for using certain grants and other money. The City's two kinds of funds - governmental and proprietary - use different accounting approaches. • Governmental funds - Most of the City's basic services are reported in governmental funds, which focus on how money flows into and out of those funds and the balances left at year-end that are available for spending. These funds are reported using an accounting method called modified accrual accounting, which measures cash and all other financial assets that can readily be converted to cash. The governmental fund statements provide a detailed short-term view of the City's general government operations and the basic services it provides. Governmental fund information helps to determine whether there are more or fewer financial resources that can be spent in the near future to finance the City's programs. We describe the relationship between governmental activities (reported in the Statement of Net Assets and the Statement of Activities) and governmental funds in a reconciliation provided after the fund financial statements. • Proprietary funds - When the City charges customers for the services it provides - these services are generally reported in proprietary funds. Proprietary funds are reported in the same way that all activities are reported in the Statement of Net Assets and the Statement of Activities. The City of Eden Prairie maintains two different types of proprietary funds. • Enterprise funds are the same as the business-type activities reported in the government-wide statements but provide more detail and additional information, such as cash flows. • Internal service funds are an accounting device used to accumulate and allocate costs internally among the City's various functions. The City uses internal service funds to account for activities pertaining to employee benefits, workers compensation, personal time off accruals, property insurance,facilities,fleet services,and information technology. 24 City of Eden Prairie, Minnesota Management's Discussion and Analysis The City as Trustee Reporting the City's Fiduciary Responsibilities All of the City's fiduciary activities are reported in separate Statement of Fiduciary Net Assets. The City is fiduciary for resources collected and owed to others including developers and governmental agencies. We exclude these activities from the City's other financial statements because the City cannot use these assets to finance operations. The City is responsible for ensuring that the assets reported in these funds are used for their intended purposes. The accounting used for fiduciary funds is much like that used for proprietary funds. The City as a Whole The City's combined net assets increased from $373 million to $384 million and maintained its financial position. By far the largest portion of the City of Eden Prairie's net assets, $317 million (approximately 83%) reflects its investment in capital assets (e.g. land, buildings, machinery, and equipment) less any related debt used to acquire those assets that is still outstanding. The City of Eden Prairie uses these capital assets to provide services to citizens; consequently, these assets are not available for future spending. Although the City's investment in its capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. An additional portion of the City's net assets $9 million (approximately 2%), represents resources that are subject to external restrictions on how they may be used. The remaining balance of unrestricted net assets, $58 million (approximately 15%), may be used to meet the City's ongoing obligations to citizens and creditors. At the end of the current fiscal year, the City is able to report positive balances in all of the categories of net assets reported for the government as a whole. 25 City of Eden Prairie, Minnesota Management's Discussion and Analysis The following schedule provides a summary of the City's net assets for the year ended December 31, 2011 (in thousands): Governmental Activities Business-Type activities Total 2011 2010 2011 2010 2011 2010 Current and other assets $ 70,599 $ 66,081 $ 11,115 $ 7,026 $ 81,714 $ 73,107 Capital assets 208,381 203,633 142,669 138,307 351,050 341,940 Total assets $ 278,980 $ 269,714 $ 153,784 $ 145,333 $ 432,764 $ 415,047 Long-term liabilities 39,216 36,415 4,613 297 43,829 36,712 Other liabilities 3,707 3,587 1,321 1,504 5,028 5,091 Total liabilities $ 42,923 $ 40,002 $ 5,934 $ 1,801 $ 48,857 $ 41,803 Net assets: Invested in capital assets,net related debt $ 178,022 $ 169,874 $ 138,398 $ 138,307 $ 316,420 $ 308,181 Restricted 9,191 8,883 - - 9,191 8,883 Unrestricted 48,844 50,955 9,453 5,225 58,297 56,180 Total net assets $ 236,057 $ 229,712 $ 147,851 $ 143,532 $ 383,908 $ 373,244 Key elements of these changes are shown on the following page. 26 City of Eden Prairie, Minnesota Management's Discussion and Analysis Governmental Activities Business-Type activities Total 2011 2010 2011 2010 2011 2010 Revenues: Program revenues Charges for services $ 8,881 $ 8,609 $ 25,449 $ 23,623 $ 34,330 $ 32,232 Operating grants and contributions 1,435 1,320 - 32 1,435 1,352 Capital grants and contributions 4,470 3,104 415 - 4,885 3,104 General revenues Property taxes 31,310 31,527 - - 31,310 31,527 Tax Increment 3,139 3,450 - - 3,139 3,450 Grants and contributions 752 230 4 - 756 230 Investment income 260 427 35 12 295 439 Gain on sale of capital assets 122 - - - 122 - Total revenues 50,369 48,667 25,903 23,667 76,272 72,334 Expenses: General government 9,264 9,183 - - 9,264 9,183 Public safety 17,538 17,986 - - 17,538 17,986 Public works 7,666 7,523 - - 7,666 7,523 Parks and recreation 9,617 9,769 - - 9,617 9,769 Interest on long term debt 1,209 1,241 - - 1,209 1,241 Water - - 8,162 14,036 8,162 14,036 Sewer - - 6,671 - 6,671 - Storm - - 1,915 1,983 1,915 1,983 Liquor - - 10,782 10,720 10,782 10,720 Total expenses 45,294 45,702 27,530 26,739 72,824 72,441 Changes in net assets before transfers 5,075 2,965 (1,627) (3,072) 3,448 (107) Internal transfers 1,270 1,790 (1,270) (1,790) - - Change in net assets 6,345 4,755 (2,897) (4,862) 3,448 (107) Net assets,January 1 229,712 224,957 143,532 148,394 373,244 373,351 Prior period adjustment - - 7,216 - 7,216 - Net assets,December 31 $ 236,057 $ 229,712 $ 147,851 $ 143,532 $ 383,908 $ 373,244 27 City of Eden Prairie, Minnesota Management's Discussion and Analysis Governmental Activities Revenue by Source Charges for Other services 18% 2% Grants and contributions 12% Property taxes and tax increment 68% • For the year, property taxes totaled $31,310,140 which is a decrease of $217,430 or .7% from 2010. In 2011, delinquent tax revenue decreased from $299,634 to $20,259 due mainly to decreased delinquent revenue and tax court adjustments. • Charges for services increased by $272,472 or 3% from 2010. This was due mainly to increased building permits and fees and increased revenue at the community center for memberships and facilities rentals. • Operating grants and contributions increased by$115,307 or 9% from 2010. This was mainly due to the Community Development Block Grant. • Capital grants and contributions increased by $1,366,104 or 44% from 2010. This was due mainly to state street aid received for the TH169/494 Design Build construction project. 28 City of Eden Prairie, Minnesota Management's Discussion and Analysis Expenses by Program Parks & Other General recreation 3% government 20% 21% Public works 17% Public safety 39% Expenses and Program Revenues- Governmental Activities (in Thousands) 20,000 18,000 16,000 14,000 12,000 10,000 8,000 6,000 4,000 2,000 IJ i General govt. Public safety Public works Parks and Interest on long recreation term debt •expenses •prog ram revenue 29 City of Eden Prairie, Minnesota Management's Discussion and Analysis Business-type Activities For the business-type activities, charges for services accounts for 98% of revenues. The Liquor operations had a negative change in net assets of $53,429 due mainly to the maintenance of the Den Road building. The Water Fund, Sewer Fund and Storm Drainage Fund had a negative change to net assets of$205,292, $1,755,423 and $863,382 respectively. In 2010 the City had a comprehensive utility rate study completed and in 2011, the City implemented a new utility rate structure. The new rate structure and future rate changes should eliminate future deficits. The new rates for commercial accounts took effect with the February billing and new rates for residential accounts took effect with the April billing. Expenses and Program Revenues- Business-type Activities (in Thousands) $14,000 - — $12,000 $10,000 - $8,000 $6,000 $4,000 $2,000 $0 I I I I Water Sewer Storm Liquor o Expenses ❑Program revenue 30 City of Eden Prairie, Minnesota Management's Discussion and Analysis The City's Funds The General fund is the chief operating fund of the City of Eden Prairie. The General fund had positive financial performance and the fund balance increased by $236,900. The table below reflects the changes to the City's General fund balance. 2011 2010 Difference Fund Balance: Reserved Encumbrances $ - $ 29,000 $ (29,000) Prepaid items - 37,238 (37,238) Unreserved - Budget stabilization - 5,534,147 (5,534,147) Working capital - 15,343,104 (15,343,104) Nonspendable 18,266 - 18,266 Unassigned Budget stabilization 5,751,776 - 5,751,776 Working capital 15,252,553 - 15,252,553 Encumbrances 157,794 - 157,794 Total fund balance $ 21,180,389 $ 20,943,489 $ 236,900 Nonspendable Balances The amounts classified as nonspenable consist of amounts that are not in spendable form, such as prepaid assets. Unassigned Balances The unassigned fund balance consists of the budget stabilization balance and the working capital balance. Budget Stabilization In compliance with City policy, $3,834,517 or 10% of the 2012 budget was maintained for budget stabilization to be used for emergencies and maintenance of the City's Aaa bond rating. Also, $1,917,259 or 5% of the 2012 budget was maintained for budget balancing to be used for short term volatility in the City's finances. 31 City of Eden Prairie, Minnesota Management's Discussion and Analysis Working Capital In compliance with City policy, 50% of the next year's tax levy or $14,568,998 is maintained for working capital. This amount represents the amount needed to fund operations for the first six months of the year. The City receives a tax settlement in December that funds operations until the next settlement in June of the next year. An additional$683,555 was assigned to cover the planned 2012 budget deficit. Other Major Funds The General Obligation Improvement Revolving 2005B fund increased by $1,783,825 in 2011. In December, $1,725,325 of bond proceeds were received for the G.O. Revolving Crossover Bonds of 2011D. The City will report both the old and new bonds until the crossover date of 12/1/2013. The General Obligation Improv. Bonds 2003D fund decreased by $40,318 in 2011. The decrease is due to planned use of fund balance to repay debt. The City will collect deferred special assessments in the future to cover the negative fund balance. The Capital Improvement Maintenance fund increased by $1,301,748 in 2011. Revenue of$1,054,797 was collected which includes the tax levy, special assessments, building rental income, grant revenue for the 20-40-15 project, donations, energy efficient rebate and investment income. The costs for the year pertained to various park improvements,20/40/15 Energy Initiative, and police/fire enhancements. The Public Improvement Construction fund decreased by$230,134 in 2011. Revenue of$3,515,120 was collected which includes special assessments, state street aid, Deed grant, and a reimbursement. During the year, $2,952,210 of state aid was received for the TH169/494 design build project. The city also received a $275,000 Deed grant for the Valley View Rd Intersection project. As of December 31, 2011, the fund had a negative fund balance of$2,965,129. The deficit will be reduced with the collection of special assessments and state aid. The Flying Cloud Drive fund increased by $27,045 in 2011. The Flying Cloud Drive project is the development of a three lane road. The funding for this project includes bond proceeds. As of December 31, 2011,the fund had a positive fund balance of$403,733. This fund will be closed in 2012. The City's proprietary funds provide the same type of information found in the government-wide financial statements,but in more detail. In 2011, the City implemented a new utility rate structure for water and increased rates for sewer, storm and the fixed charge. The new rates for commercial accounts took effect with the February billing and new rates for residential accounts took effect with the April billing. Residential and irrigation accounts are now being billed on a tiered system. 32 City of Eden Prairie, Minnesota Management's Discussion and Analysis Water revenue through December 31, 2011 totaled $7,564,259 which is an increase of$1,160,353 or 18% from 2010 due to the following: • Sales increased by approximately$915,000 due to increased tier rates, $158,000 due to the increase in the fixed charge, and$144,000 due to the increase in water use. • Access charges decreased by $92,340 due mainly from the remodel of the Menards store in 2010. Sewer revenue through December 31, 2011 totaled $4,736,246 which is an increase of $366,778 or 8% from 2010 due to the following: • Sales increased by approximately $293,000 due to the rate increase and $150,000 due to the increase in the fixed charge. Rates were increased from $2.20 to $2.35 while consumption remained consistent from 2010. • Access charges decreased by $39,595 due mainly from the remodel of the Menards store in 2010. Storm Drainage revenue through December 31, 2011 totaled$1,054,077 which is an increase of$222,346 or 27% from 2010. The increase is due to the rate increase. Liquor sales had a moderate increase of .2% over 2010 to $11,547,025. The sales increase was comparable to other municipal stores. Overall operating expenses remained the same except for an increase in wages and benefits and user charges. Budgetary Highlights The General fund had positive operating results. Total revenues equaled $37,365,765 or 106% of the amount budgeted. The positive performance is due to conservative budgeting including a 2% allowance for uncollectible taxes, positive development revenue and revenues collected from the Community Center. Other items had positive and negative variances. Total expenditures equaled $36,235,777 or 99% of the budget. Various divisions were over and under budget. 33 City of Eden Prairie, Minnesota Management's Discussion and Analysis Capital Assets and Debt Administration Capital Assets At the end of 2011,the city had$351 million invested in capital assets. Major capital assets added during the current fiscal year by fund include the following: Significant Projects Amount 5046/5140 Improvement Projects TH 169/494 Design Build $ 2,971,627 Valley View Rd- Prairie Center Drive 679,861 CSAH 1 (TH212 (FCdr.) to Shetland Rd 293,066 5130 Parks Referendum Flying Cloud Fields 1,349,617 7050 Water Capital Water Plant Process Upgrades 901,299 Water Plant Control Upgrades 566,831 Cherokee Trail Sewer&Water 128,258 7150 Sewer Capital Lift Stations SCADA 298,158 8540 - Facilities Capital Community Center Stand By Generator 369,888 City Center Metal Roof Replacement - CHR 151,943 Capital Assets (net of depreciation, in thousands) Governmental Activities Business-type Activities Total 2011 2010 2011 2010 2011 2010 Land&land improv. $ 32,241 $ 32,676 $ 751 $ 710 $ 32,992 $ 33,386 Infrastructure 117,280 117,008 - - 117,280 117,008 Distribution system - - 102,592 98,697 102,592 98,697 Buildings&work in progress 51,383 47,041 35,600 35,414 86,983 82,455 Leasehold improvements 40 45 612 691 652 736 Machinery&equipment 1,188 906 2,931 2,657 4,119 3,563 Autos 3,748 3,802 115 94 3,863 3,896 Other assets 2,501 2,155 68 44 2,569 2,199 Total $ 208,381 $ 203,633 $ 142,669 $ 138,307 $ 351,050 $ 341,940 34 City of Eden Prairie, Minnesota Management's Discussion and Analysis The City has chosen to maintain infrastructure using the modified approach. This means the City does not depreciate the cost of infrastructure but maintains the system at a "good condition" level or higher. Additional information on the modified approach can be found in Note 1 of this report and additional information on the City's capital assets can be found in Note 4 of this report. The City's policy is to achieve an average rating of good (55-69) for all streets and trails. In the summer of 2010, the City conducted a physical condition assessment. This assessment will be performed every three years. As of December 31, 2010, the City's infrastructure system was rated at a Pavement Condition Index (PCI) of 81.1%, which is higher than the City's policy level. The City's infrastructure are constantly deteriorating resulting from the following factors: (1) traffic using the system; (2) the sun's ultra-violet rays drying out and breaking down the top layer of pavement; (3) utility company/private development trenching operations; (4) water damage from natural precipitation; and (5) frost heave. The City is continuously taking actions to prolong the life of the system through short- term maintenance activities such as pothole patching, crack sealing, seal coating, and overlaying. The City expended $1,711,894 on infrastructure maintenance for the year ending December 31, 2011. These expenditures delayed deterioration; however, the overall condition of the system was not improved through these maintenance expenditures. The City has estimated that the amount of annual expenditures required maintaining the City's infrastructure at the average PCI rating of good is approximately$1,661,000. Debt At year-end, the City had approximately $43 million in bonds and other long-term liabilities outstanding versus $36 million last year. During the year, the City issued the following debt: • $1,135,000 G.O. Water&Sewer bonds 2011A • $3,405,000 G.O. Bonds 2011B for Water and Sewer projects and SCBA gear • $4,455,000 G.O. Refunding Bonds 2011C to refund the 2006A Park Referendum Bonds • $1,805,000 G.O. Revolving Bonds of 2011D to refund the 2005B Revolving Bonds Refer to Note 10 in the Notes to Financial Statements for a detailed schedule showing the City's long- term debt activity. 35 City of Eden Prairie, Minnesota Management's Discussion and Analysis Economic Factors and Next Year's Budgets The City's elected officials consider many factors when adopting the budget and determining fees for service and fees that will be charged for the business-type activities. These factors include service levels, the tax impact on the median value home, commercial/industrial and household growth, and inflation. Currently, the 2012 general fund budgeted appropriations are $38,345,174 which is an increase of $1,450,861 or 3.9% from the 2011 budget. Budgeted revenues less expenditures total ($683,555). The City plans to use fund balance for the difference. The City will soon start reviewing the plans for the 2013 budget and work on a plan to more closely balance the budget. Contacting the City's Financial Management This financial report is designed to provide a general overview of the City's finances for those interested in the government's finances. If you have questions about this report or need additional financial information, contact the Finance Division at City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, MN 55344. 36 Government - wide Financial Statements CITY OF EDEN PRAIRIE,MINNESOTA STATEMENT OF NET ASSETS DECEMBER 31,2011 Primary Government Governmental Business-type Activities Activities Total ASSETS: Cash and cash equivalents $ 53,175,813 $ 6,242,684 $ 59,418,497 Receivables: Accounts 530,824 2,255,977 2,786,801 Interest 112,053 9,815 121,868 Due from other governments 284,412 - 284,412 Unremitted taxes 141,641 - 141,641 Delinquent taxes 308,226 - 308,226 Unremitted special assessments 2,889 46,853 49,742 Delinquent special assessments 38,710 322,334 361,044 Deferred special assessments 7,577,824 368,282 7,946,106 Special deferred assessments 703,467 300,592 1,004,059 Inventories 110,133 1,215,328 1,325,461 Prepaid items 475,194 353,278 828,472 Land held for resale 801,699 - 801,699 Restricted cash and cash equivalents 6,335,324 - 6,335,324 Capital assets: Nondepreciable: Land 22,584,767 656,356 23,241,123 Infrastructure 117,280,038 - 117,280,038 Work in progress 13,018,143 1,789,770 14,807,913 Depreciable buildings,property and equipment,net 55,498,434 140,222,858 195,721,292 Total assets $ 278,979,591 $ 153,784,127 $ 432,763,718 LIABILITIES: Accounts and contracts payable $ 1,564,526 $ 1,047,562 $ 2,612,088 Salaries payable 747,755 117,783 865,538 Interest payable 83,527 9,399 92,926 Due to other governments 435,883 142,555 578,438 Unearned revenue 875,230 3,167 878,397 Net OPEB Due in more than one year 660,558 108,895 769,453 Bonds payable Due within one year 4,370,000 425,000 4,795,000 Due in more than one year 32,459,277 3,846,215 36,305,492 Compensated absences Due within one year 862,927 116,477 979,404 Due in more than one year 862,926 116,479 979,405 Total liabilities 42,922,609 5,933,532 48,856,141 NET ASSETS: Invested in capital assets,net of related debt 178,022,468 138,397,769 316,420,237 Restricted for perpetual care,nonexpendable 133,979 - 133,979 Restricted for debt service 9,056,812 - 9,056,812 Unrestricted 48,843,723 9,452,826 58,296,549 Total net assets 236,056,982 147,850,595 383,907,577 Total liabilities and net assets $ 278,979,591 $ 153,784,127 $ 432,763,718 The notes to financial statements are an integral part of this statement 38 CITY OF EDEN PRAIRIE,MINNESOTA STATEMENT OF ACTIVITIES FOR THE YEAR ENDED DECEMBER 31,2011 Program Revenue Operating Capital Charges for Grants and Grants and Expenses Services Contributions Contributions Functions/Programs: Primary government: Governmental activities: General government $ 9,263,991 $ 966,931 $ 422,102 $ 103,975 Public safety 17,538,536 3,264,191 895,065 79,605 Public works 7,665,875 322,561 68,865 4,067,716 Parks and recreation 9,617,076 4,327,323 49,289 218,404 Interest on long term debt 1,209,088 - - - Total governmental activities 45,294,566 8,881,006 1,435,321 4,469,700 Business-type activities: Water 8,162,292 7,743,061 - 415,000 Sewer 6,671,324 4,926,624 - - Storm 1,915,249 1,054,077 - - Liquor 10,781,636 11,724,900 - - Total Business-type activities 27,530,501 25,448,662 - 415,000 Total primary government $ 72,825,067 $ 34,329,668 $ 1,435,321 $ 4,884,700 General revenues: Taxes: Property taxes,levied for general purposes Property taxes,levied for debt service Tax increment Gain on sale of capital asset Grants and contributions not restricted to specific programs Investment earnings Transfers Total general revenues and transfers Change in net assets Total net assets,January 1 Prior period adjustment Total net assets,January 1 (restated) Total net assets,December 31 The notes to financial statements are an integral part of this statement 39 Net(Expense)Revenue and Changes in Net Assets Governmental Business-type Activities Activities Total $ (7,770,983) $ - $ (7,770,983) (13,299,675) - (13,299,675) (3,206,733) - (3,206,733) (5,022,060) - (5,022,060) (1,209,088) - (1,209,088) (30,508,539) - (30,508,539) - (4,231) (4,231) - (1,744,700) (1,744,700) - (861,172) (861,172) - 943,264 943,264 - (1,666,839) (1,666,839) (30,508,539) (1,666,839) (32,175,378) 27,939,407 - 27,939,407 3,370,733 - 3,370,733 3,139,080 - 3,139,080 121,916 - 121,916 752,907 4,016 756,923 259,808 35,297 295,105 1,270,000 (1,270,000) - 36,853,851 (1,230,687) 35,623,164 6,345,312 (2,897,526) 3,447,786 229,711,670 143,532,000 373,243,670 - 7,216,121 7,216,121 229,711,670 150,748,121 380,459,791 $ 236,056,982 $ 147,850,595 $ 383,907,577 The notes to financial statements are an integral part of this statement 40 Fund Financial Statements CITY OF EDEN PRAIRIE,MINNESOTA BALANCE SHEET GOVERNMENTAL FUNDS DECEMBER 31,2011 Page 1 of 2 Debt Service Capital Projects General General Obligation Obligation Improv. Improv. Capital Revolving Bonds Improvement General 2005B 2003D Maintenance ASSETS Cash and investments $ 22,017,792 $ 325,295 $ - $ 5,640,972 Receivables: Accounts 505,298 - - 6,837 Interest 37,049 747 - 14,172 Due from other governments 144,509 - - - Unremitted taxes 132,502 - - 355 Delinquent taxes 307,240 - - 986 Unremitted special assessments - - - - Delinquent special assessments 999 - 160 7,382 Deferred special assessments - 1,909,286 904,985 50,204 Special deferred assessments - - 120,762 317,922 Due from other funds - - - 2,813,016 Prepaid items 18,266 - - - Land held for resale - - - - Cash and investments with escrow agent - 1,730,118 -Total assets $ 23,163,655 $ 3,965,446 $ 1,025,907 $ 8,851,846 LIABILITIES AND FUND BALANCE Liabilities: Accounts and contracts payable $ 576,747 $ - $ - $ 89,159 Salaries payable 676,524 - - - Interest payable - - 1,347 - Due to other governments 20,553 - - 11 Due to other funds - - 471,303 - Unearned revenue 401,203 - - 77,513 Deferred revenue 308,239 1,909,286 1,025,907 376,494 Total liabilities 1,983,266 1,909,286 1,498,557 543,177 Fund balances: Nonspendable 18,266 - - - Restricted - 2,056,160 - - Assigned - - - 8,308,669 Unassigned 21,162,123 - (472,650) - Totalfundbalances 21,180,389 2,056,160 (472,650) 8,308,669 Total liabilities and fund balance $ 23,163,655 $ 3,965,446 $ 1,025,907 $ 8,851,846 The notes to financial statements are an integral part of this statement 42 CITY OF EDEN PRAIRIE,MINNESOTA BALANCE SHEET GOVERNMENTAL FUNDS DECEMBER 31,2011 Page 2 of 2 Capital Projects Public Other Total Improvement Flying Cloud Governmental Governmental Construction Drive Funds Funds ASSETS Cash and investments $ - $ 402,725 $ 17,605,103 $ 45,991,887 Receivables: Accounts - - - 512,135 Interest - 1,008 41,093 94,069 Due from other governments - - 137,613 282,122 Unremitted taxes - - 8,784 141,641 Delinquent taxes - - - 308,226 Unremitted special assessments 2,889 - - 2,889 Delinquent special assessments 30,169 - - 38,710 Deferred special assessments 1,292,696 1,320,000 2,100,653 7,577,824 Special deferred assessments 264,783 - - 703,467 Due from other funds - - 763,643 3,576,659 Prepaid items - - 10,452 28,718 Land held for resale - - 801,699 801,699 Cash and investments with escrow agent - - 4,605,206 6,335,324 Total assets $ 1,590,537 $ 1,723,733 $ 26,074,246 $ 66,395,370 LIABILITIES AND FUND BALANCE Liabilities: Accounts and contracts payable $ 146,792 $ - $ 189,878 $ 1,002,576 Salaries payable - - 6,721 683,245 Interest payable 7,019 - 283 8,649 Due to other governments 1,191 - 146,767 168,522 Due to other funds 2,813,016 - 292,340 3,576,659 Unearned revenue - - 331,036 809,752 Deferred revenue 1,587,648 1,320,000 2,100,653 8,628,227 Total liabilities 4,555,666 1,320,000 3,067,678 14,877,630 Fund balances: Nonspendable - - 812,151 830,417 Restricted - 371,559 12,833,980 15,261,699 Assigned - 32,174 9,610,243 17,951,086 Unassigned (2,965,129) - (249,806) 17,474,538 Total fund balances (2,965,129) 403,733 23,006,568 51,517,740 Total liabilities and fund balance $ 1,590,537 $ 1,723,733 $ 26,074,246 $ 66,395,370 The notes to financial statements are an integral part of this statement 43 CITY OF EDEN PRAIRIE,MINNESOTA GOVERNMENTAL FUNDS RECONCILIATION OF THE BALANCE SHEET OF GOVERNMENTAL FUNDS TO THE STATEMENT OF NET ASSETS DECEMBER 31,2011 Total fund balance-governmental funds $ 51,517,740 Amounts reported for governmental activities in the Statement of Net Assets are different because: 1. Capital assets used in governmental activities are not financial resources and therefore are not reported as assets in governmental funds. Cost of capital assets 234,674,077 Less accumulated depreciation (27,692,940) 2. Long term liabilities,including bonds payable,are not due and payable in the current period and therefore are not reported as liabilities in the funds. Long-term liabilities at year end consist of: Bond principal payable (36,829,277) 3. Taxes and special assessment receivable will be collected in future years,but are not available soon enough to pay for the current period's expenditures and therefore are deferred in the funds. 8,628,227 4. Governmental funds do not report a liability for accrued interest on long-term debt until due and payable. (74,855) 5. Internal service funds are used by management to charge the costs of employee benefits to individual funds. The assets and liabilities of the internal service fund are included in governmental activities in the statement of net assets. 5,834,010 Total net assets-governmental activities $ 236,056,982 The notes to financial statements are an integral part of this statement 44 CITY OF EDEN PRAIRIE,MINNESOTA STATEMENT OF REVENUES,EXPENDITURES, AND CHANGES IN FUND BALANCES GOVERNMENTAL FUNDS FOR THE YEAR ENDED DECEMBER 31,2011 Page 1 of 2 Debt Service Capital Projects General General Obligation Obligation Improv. Improv. Capital Revolving Bonds Improvement General 2005B 2003D Maintenance REVENUES General property taxes $ 27,721,271 $ - $ - $ 93,321 Special assessments - 245,828 135,744 55,109 Penalties and interest 42,470 - - - Licenses and permits 3,363,293 - -Intergovernmental revenue 1,143,397 - - 103,945 Charges for services 4,202,734 - - - Fines and forfeits 554,862 - - - Investment income 80,781 2,277 - 36,872 Building rental - - - 691,948 Miscellaneous revenue 256,957 - - 73,602 Total revenues 37,365,765 248,105 135,744 1,054,797 EXPENDITURES Current: General government 5,477,705 - - - Public safety 16,737,356 - - - Public works 5,127,079 - - - Parks and recreation 8,774,167 - - - Interest on interfund borrowing - - 3,556 - Capital outlay: General government - - - 206,827 Public safety 43,236 - - 69,357 Public works - - - 6,899 Parks and recreation 31,381 - - 263,455 Debt service: Principal 42,751 110,000 150,000 - Interest 2,102 83,948 22,075 - Bond issuance cost - 24,045 - 4,704 Fiscal agent fees - 450 431 - Total expenditures 36,235,777 218,443 176,062 551,242 Excess of revenues over(under)expenditures 1,129,988 29,662 (40,318) 503,555 Other financing sources(uses): Issuance of debt - - - 387,120 Issuance of refunding bonds - 1,725,325 - - Premium - 28,838 - 24,010 Transfers in 294,171 - - 2,262,063 Transfers out (1,187,259) - - (1,875,000) Total other financing sources(uses) (893,088) 1,754,163 - 798,193 Net change in fund balances 236,900 1,783,825 (40,318) 1,301,748 Fund balance(deficit)-beginning 20,943,489 272,335 (432,332) 7,006,921 Fund balance(deficit)-ending $ 21,180,389 $ 2,056,160 $ (472,650) $ 8,308,669 The notes to financial statements are an integral part of this statement 45 CITY OF EDEN PRAIRIE,MINNESOTA STATEMENT OF REVENUES,EXPENDITURES, AND CHANGES IN FUND BALANCES GOVERNMENTAL FUNDS FOR THE YEAR ENDED DECEMBER 31,2011 Page 2 of 2 Capital Projects Public Other Total Improvement Flying Cloud Governmental Governmental Construction Drive Funds Funds REVENUES General property taxes $ - $ - $ 6,704,757 $ 34,519,349 Special assessments 282,222 199,378 395,927 1,314,208 Penalties and interest - - - 42,470 Licenses and permits - - - 3,363,293 Intergovernmental revenue 3,227,210 - 741,391 5,215,943 Charges for services - - - 4,202,734 Fines and forfeits - - 2,650 557,512 Investment income - 2,667 101,782 224,379 Building rental - - - 691,948 Miscellaneous revenue 5,688 - 460,796 797,043 Total revenues 3,515,120 202,045 8,407,303 50,928,879 EXPENDITURES Current: General government - - 3,290,823 8,768,528 Public safety - - 85,635 16,822,991 Public works - - 151,856 5,278,935 Parks and recreation - - 16,639 8,790,806 Interest on interfund borrowing 12,734 - 966 17,256 Capital outlay: General government - - - 206,827 Public safety - - 18,253 130,846 Public works 4,127,782 2,334,904 6,469,585 Parks and recreation - - 1,594,585 1,889,421 Debt service: Principal - - 3,775,000 4,077,751 Interest - - 1,142,276 1,250,401 Bond issuance cost - 59,544 88,293 Fiscal agent fees - - 6,995 7,876 Total expenditures 4,140,516 - 12,477,476 53,799,516 Excess of revenues over(under)expenditures (625,396) 202,045 (4,070,173) (2,870,637) Other financing sources(uses): Issuance of debt - 27,880 415,000 Issuance of refunding bonds - 4,534,675 6,260,000 Premium - 26,880 79,728 Transfers in 404,861 - 2,438,599 5,399,694 Transfers out (9,599) (175,000) (429,032) (3,675,890) Total other financing sources(uses) 395,262 (175,000) 6,599,002 8,478,532 Net change in fund balances (230,134) 27,045 2,528,829 5,607,895 Fund balance(deficit)-beginning (2,734,995) 376,688 20,477,739 45,909,845 Fund balance(deficit)-ending $ (2,965,129) $ 403,733 $ 23,006,568 $ 51,517,740 The notes to financial statements are an integral part of this statement 46 CITY OF EDEN PRAIRIE,MINNESOTA RECONCILIATION OF THE STATEMENT OF REVENUES,EXPENDITURES, AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES FOR THE YEAR ENDED DECEMBER 31,2011 Total net change in fund balances-governmental funds $ 5,607,895 Amounts reported for Governmental Activities in the Statement of Activities are different because: 1. Capital Outlays are reported in governmental funds as expenditures. However,in the Statement of Activities,the cost of those assets is allocated over the estimated useful life's as depreciation expense. Capital outlays 7,649,062 Depreciation expense (3,264,017) The net affect of the disposal of capital assets Disposals (1,155,857) Depreciation on disposals 939,680 2. Principal payments of long-term debt consumes the current financial resources of governmental funds,however they have 4,077,751 no effect on net assets. 3. Interest on long-term debt in the statement of activities differs from the amount reported in the governmental funds because interest is recognized as an expenditure in the funds when it is due and thus requires use of current financial resources. In the Statement of Activities,however,interest expense is recognized as the interest accrues,regardless of when it is due. 18,244 4. The issuance of long-term debt provides current financial resources to governmental funds and has no effect on net assets. These amounts are reported in the governmental funds as a source of financing. These amounts are not shown as revenue in the Statement of Activities,but rather constitute long-term liabilities in the Statement of Net Assets. (6,675,000) 5. Governmental funds report debt issuance premiums,discounts and issuance costs as another financing source or use at the time of issuance. Premiums and discounts are reported as an unamortized asset or liability in the Government-wide financial statements. Premiums (79,728) Amortization of premiums/discounts 42,389 6. Deferred gain or loss on refunded bonds are amortized on the Statement of Activities,whereas governmental funds do not recognize these costs. Amortization of deferred gain 76,849 7. Taxes and special assessments receivable will be collected in future years,but are not available soon enough to pay for the current period's expenditures,and therefore are deferred in the funds. (717,656) 8.Internal service funds are used by management to charge the costs of employee benefits to individual funds. The net revenue of these activities is reported in governmental activities. (174,300) Change in net assets-governmental activities $ 6,345,312 The notes to financial statements are an integral part of this statement 47 CITY OF EDEN PRAIRIE,MINNESOTA GENERAL FUND STATEMENT OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE-BUDGET AND ACTUAL FOR THE YEAR ENDED DECEMBER 31,2011 With Comparative Actual Amounts For The Year Ended December 31,2010 2011 2010 Budget Variance Original Final Actual Over/(Under) Actual REVENUES Taxes and special assessments General property taxes $ 27,523,994 $ 27,523,994 $ 27,721,271 $ 197,277 $ 27,984,674 Special assessments - - - - 2 Penalty and interest 30,000 30,000 42,470 12,470 73,353 Total taxes and special assessments 27,553,994 27,553,994 27,763,741 209,747 28,058,029 Licenses and permits Liquor,beer and wine licenses 316,000 316,000 304,896 (11,104) 302,712 Business licenses 16,950 16,950 18,840 1,890 20,373 Dog registration licenses 19,000 19,000 18,189 (811) 20,072 Building permits and fees 1,141,450 1,141,450 2,094,901 953,451 1,874,411 Cable TV 791,677 791,677 775,525 (16,152) 753,291 Other permits 134,760 134,760 150,942 16,182 148,590 Total licenses and permits 2,419,837 2,419,837 3,363,293 943,456 3,119,449 Intergovernmental revenue Police pension aid 449,355 449,355 435,160 (14,195) 430,744 Fire relief association aid 300,000 300,000 286,728 (13,272) 292,384 State street aid 74,857 74,857 68,865 (5,992) 70,620 Police training 24,000 24,000 24,238 238 23,302 Grants - - 164,072 164,072 143,133 PERA aid 52,384 52,384 52,384 - 52,384 School liaison 111,403 111,403 111,950 547 110,413 Total intergovernmental revenue 1,011,999 1,011,999 1,143,397 131,398 1,122,980 Charges for services Public safety 115,000 115,000 95,023 (19,977) 109,837 Recreation Youth programs 274,434 274,434 293,814 19,380 284,418 Organized athletics 326,407 326,407 313,416 (12,991) 352,866 Community center 2,302,549 2,307,549 3,113,551 806,002 2,839,516 Oak point pool 94,863 94,863 98,987 4,124 95,557 Senior center 46,968 46,968 51,016 4,048 57,409 Therapeutic recreation 8,601 8,601 12,510 3,909 6,228 Special events 15,862 15,862 10,462 (5,400) 15,185 Arts 26,888 26,888 18,577 (8,311) 24,345 Arts center 37,389 37,389 66,285 28,896 60,793 Outdoor center 84,769 84,769 50,358 (34,411) 90,198 Park facilities 64,551 64,551 78,735 14,184 73,834 Total charges for services 3,398,281 3,403,281 4,202,734 799,453 4,010,186 Fines&penalties 463,330 463,330 554,862 91,532 496,074 Investment income Interest income 200,000 200,000 80,781 (119,219) 179,990 Total investment income 200,000 200,000 80,781 (119,219) 179,990 Other revenue 233,275 228,275 256,957 28,682 215,153 Total revenues 35,280,716 35,280,716 37,365,765 2,085,049 37,201,861 The notes to financial statements are an integral part of this statement 48 CITY OF EDEN PRAIRIE,MINNESOTA GENERAL FUND STATEMENT OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE-BUDGET AND ACTUAL FOR THE YEAR ENDED DECEMBER 31,2011 Continued With Comparative Actual Amounts For The Year Ended December 31,2010 2011 2010 Budget Variance Original Final Actual Over/(Under) Actual EXPENDITURES Current General Government Administration Legislative $ 238,389 $ 238,389 $ 257,014 $ 18,625 $ 251,480 Office of the city manager 406,988 406,988 330,072 (76,916) 360,713 Legal counsel 444,861 444,861 440,440 (4,421) 425,463 City clerk 164,220 164,220 113,084 (51,136) 215,727 Communications 501,429 526,429 526,022 (407) 471,306 Finance 706,942 706,942 698,551 (8,391) 661,503 Customer service 475,354 475,354 419,364 (55,990) 418,990 Human resources 708,614 708,614 669,193 (39,421) 684,980 Contingency 50,210 50,210 1,013 (49,197) 13,721 Total administration 3,697,007 3,722,007 3,454,753 (267,254) 3,503,883 Community development Assessing 923,294 923,294 910,300 (12,994) 893,894 Planning 545,304 545,304 539,757 (5,547) 525,793 Community development administration 182,758 182,758 166,633 (16,125) 160,609 Economic development 104,790 108,790 108,620 (170) 97,963 Housing&community services 306,134 306,134 297,642 (8,492) 305,155 Total community development 2,062,280 2,066,280 2,022,952 (43,328) 1,983,414 Total general government 5,759,287 5,788,287 5,477,705 (310,582) 5,487,297 Public Safety Police 11,827,341 11,827,341 11,866,574 39,233 11,678,049 Fire Fire 3,692,333 3,692,333 3,678,862 (13,471) 3,935,468 Public safety communications 201,509 201,509 197,016 (4,493) 170,333 Emergency preparedness 36,868 36,868 31,350 (5,518) 37,819 Inspections 1,013,994 1,013,994 1,006,790 (7,204) 991,187 Total fire 4,944,704 4,944,704 4,914,018 (30,686) 5,134,807 Total public safety 16,772,045 16,772,045 16,780,592 8,547 16,812,856 Public Works Engineering 1,111,218 1,111,218 1,094,919 (16,299) 1,065,996 Street maintenance 3,332,940 3,332,940 3,170,849 (162,091) 3,288,883 Street lighting 873,395 873,395 861,311 (12,084) 791,401 Total public works 5,317,553 5,317,553 5,127,079 (190,474) 5,146,280 The notes to financial statements are an integral part of this statement 49 CITY OF EDEN PRAIRIE,MINNESOTA GENERAL FUND STATEMENT OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE-BUDGET AND ACTUAL FOR THE YEAR ENDED DECEMBER 31,2011 Continued With Comparative Actual Amounts For The Year Ended December 31,2010 2011 2010 Budget Variance Original Final Actual Over/(Under) Actual EXPENDITURES(continued) Current(continued) Parks and Recreation Park administration 403,257 403,257 395,048 (8,209) 374,152 Park maintenance 3,330,371 3,330,371 3,293,239 (37,132) 3,240,876 Parks capital outlay 47,197 47,197 30,566 (16,631) 35,611 Recreation administration 265,054 265,054 263,480 (1,574) 270,283 Youth programs 387,729 387,729 388,128 399 363,741 Organized athletics 273,344 273,344 245,358 (27,986) 251,475 Special events 53,634 53,634 66,282 12,648 76,129 Arts 125,812 125,812 127,777 1,965 110,421 Arts center 173,198 173,198 192,658 19,460 178,578 Therapeutic recreation 142,582 142,582 135,056 (7,526) 129,782 Senior center 344,357 344,357 356,704 12,347 346,744 Beaches 33,053 33,053 31,787 (1,266) 27,085 Outdoor center 157,839 157,839 104,060 (53,779) 136,610 Park facilities 31,079 31,079 34,674 3,595 32,812 Oak point pool 126,006 126,006 126,857 851 116,511 Community center 2,726,876 2,726,876 3,013,874 286,998 3,142,251 Total parks and recreation 8,621,388 8,621,388 8,805,548 184,160 8,833,061 Debt Service: Principal 40,920 40,920 42,751 1,831 40,749 Interest 4,120 4,120 2,102 (2,018) 4,103 Total debt service 45,040 45,040 44,853 (187) 44,852 Total expenditures 36,515,313 36,544,313 36,235,777 (308,536) 36,324,346 Excess(deficiency)of revenues over expenditures (1,234,597) (1,263,597) 1,129,988 2,393,585 877,515 Other financing sources/(uses) Transfers in 270,000 270,000 294,171 24,171 945,816 Transfers out (379,000) (379,000) (1,187,259) (808,259) (1,471,051) Total other fmancing sources/(uses) (109,000) (109,000) (893,088) (784,088) (525,235) Net change in fund balance $ (1,343,597) $ (1,372,597) 236,900 $ 1,609,497 352,280 Fund balance,January 1 20,943,489 20,591,209 Fund balance,December 31 $ 21,180,389 $ 20,943,489 The notes to financial statements are an integral part of this statement 50 CITY OF EDEN PRAIRIE,MINNESOTA PROPRIETARY FUNDS STATEMENT OF NET ASSETS DECEMBER 31,2011 Governmental Activities Internal Water Sewer Storm Drainage Liquor Service Fund Fund Fund Fund Totals Fund ASSETS Current assets: Cash and investments $ 4,046,287 $ 916,179 $ 607,028 $ 673,190 $ 6,242,684 $ 7,183,926 Receivables: Accounts 1,077,164 969,440 208,436 937 2,255,977 18,689 Interest 3,307 2,875 1,924 1,709 9,815 17,984 Unremitted special assessments 23,040 23,813 - - 46,853 - Delinquent special assessments 305,545 16,789 - - 322,334 - Deferred special assessments 147,313 220,969 - - 368,282 - Special deferred special assessments 120,237 180,355 - - 300,592 - Due from other governments - - - - - 2,290 Inventory 20,890 - - 1,194,438 1,215,328 110,133 Prepaid items 8,488 314,449 60 30,281 353,278 446,476 Total current assets 5,752,271 2,644,869 817,448 1,900,555 11,115,143 7,779,498 Noncurrent assets Capital assets: Property,plant and equipment 129,458,768 79,460,648 41,594,706 3,327,964 253,842,086 1,455,885 Less accumulated depreciation (56,804,537) (35,792,358) (17,964,094) (612,113) (111,173,102) (55,640) Total noncurrent assets 72,654,231 43,668,290 23,630,612 2,715,851 142,668,984 1,400,245 Total assets $ 78,406,502 $ 46,313,159 $ 24,448,060 $ 4,616,406 $ 153,784,127 $ 9,179,743 LIABILITIES Current liabilities: Accounts payable $ 189,547 $ 22,575 $ 45,156 $ 790,284 $ 1,047,562 $ 561,950 Salaries payable 62,426 15,900 4,386 35,071 117,783 64,510 Interest payable 7,533 1,866 - - 9,399 23 Due to other governments 3,091 - - 139,464 142,555 267,361 Unearned revenue - - - 3,167 3,167 65,478 Current portion of bonds payable 345,000 80,000 - - 425,000 - Current portion of compensated absences 64,002 12,905 7,226 32,344 116,477 862,927 Total current liabilities 671,599 133,246 56,768 1,000,330 1,861,943 1,822,249 Noncurrent liabilities: Bonds Payable 3,108,046 738,169 - - 3,846,215 - Net OPEB 45,745 45,745 4,907 12,498 108,895 660,558 Compensated absences 64,004 12,904 7,226 32,345 116,479 862,926 Total noncurrent liabilities 3,217,795 796,818 12,133 44,843 4,071,589 1,523,484 Total liabilities 3,889,394 930,064 68,901 1,045,173 5,933,532 3,345,733 NET ASSETS Invested in capital assets,net of related debt 69,201,185 42,850,121 23,630,612 2,715,851 138,397,769 1,400,245 Unrestricted 5,315,923 2,532,974 748,547 855,382 9,452,826 4,433,765 Total net assets 74,517,108 45,383,095 24,379,159 3,571,233 147,850,595 5,834,010 Total liabilities and net assets $ 78,406,502 $ 46,313,159 $ 24,448,060 $ 4,616,406 $ 153,784,127 $ 9,179,743 The notes to financial statements are an integral part of this statement 51 CITY OF EDEN PRAIRIE,MINNESOTA PROPRIETARY FUNDS STATEMENT OF REVENUES,EXPENSES AND CHANGES IN NET ASSETS FOR THE YEAR ENDED DECEMBER 31,2011 Governmental Activities- Internal Water Sewer Storm Drainage Liquor Service Fund Fund Fund Fund Total Fund SALES AND COST OF SALES Sales $ - $ - $ - $ 11,547,025 $ 11,547,025 $ - Cost of sales - - - (8,656,149) (8,656,149) - Gross profit - - - 2,890,876 2,890,876 - OPERATING REVENUE Sales 7,175,198 4,638,701 1,042,132 - 12,856,031 - Conservation surcharge 6,401 - - - 6,401 - Access charges 337,060 92,650 - - 429,710 - Penalty charges 32,389 - - - 32,389 - Charges for services - - - - - 13,722,408 Other revenue 13,211 4,895 11,945 129,365 159,416 1,313,021 Total operating revenues 7,564,259 4,736,246 1,054,077 129,365 13,483,947 15,035,429 OPERATING EXPENSE Personal services 2,241,569 583,402 190,643 977,446 3,993,060 4,854,894 Chemicals and supplies 641,805 30,691 19,415 41,905 733,816 1,953,459 Contractual services 936,058 364,128 627,705 757,250 2,685,141 5,947,965 Repairs and maintenance 442,341 107,825 140,164 42,338 732,668 952,108 Disposal charges 4,411 3,640,340 - - 3,644,751 52,777 Utilities 608,643 30,328 802 77,149 716,922 1,104,680 Depreciation 2,605,917 1,721,496 851,795 115,335 5,294,543 27,235 User charges 389,899 121,734 84,725 107,252 703,610 38,718 Total operating expenses 7,870,643 6,599,944 1,915,249 2,118,675 18,504,511 14,931,836 Operating income(loss) (306,384) (1,863,698) (861,172) 901,566 (2,129,688) 103,593 NONOPERATING REVENUE(EXPENSE) Grants - - 4,016 - 4,016 - Investment income 58,939 (30,723) 3,774 3,307 35,297 53,995 Special assessments 165,050 176,526 - - 341,576 - Interest (88,641) (1,866) - - (90,507) - Bond issuance cost (39,455) (6,214) - - (45,669) - Fiscalagentfees (872) (121) - - (993) - Gain(loss)on disposition of capital assets 13,752 13,852 - (6,812) 20,792 121,916 Miscellaneous (162,681) (63,179) - 48,510 (177,350) - Total nonoperating revenues(expenses) (53,908) 88,275 7,790 45,005 87,162 175,911 Income(loss)before contributions and transfers (360,292) (1,775,423) (853,382) 946,571 (2,042,526) 279,504 Contributions 415,000 - - - 415,000 - Transfers(out) (260,000) - (10,000) (1,000,000) (1,270,000) (453,804) Change in net assets (205,292) (1,775,423) (863,382) (53,429) (2,897,526) (174,300) Total net assets,January 1 68,996,191 45,756,386 25,154,761 3,624,662 143,532,000 6,008,310 Prior period adjustment 5,726,209 1,402,132 87,780 - 7,216,121 - Total net assets,January 1(restated) 74,722,400 47,158,518 25,242,541 3,624,662 150,748,121 6,008,310 Total net assets,December 31 $ 74,517,108 $ 45,383,095 $ 24,379,159 $ 3,571,233 $ 147,850,595 $ 5,834,010 The notes to financial statements are an integral part of this statement 52 CITY OF EDEN PRAIRIE,MINNESOTA PROPRIETARY FUNDS STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31,2011 Page 1 of 2 Governmental Activities- Internal Water Sewer Storm Drainage Liquor Service Fund Fund Fund Fund Totals Fund CASH FLOWS FROM OPERATING ACTIVITIES: Receipts from customers $ 7,705,647 $ 4,756,164 $ 1,043,027 $ 11,679,870 $ 25,184,708 $ 13,692,021 Payments from other funds - - - - - 54,104 Payments to other funds - - - - - (54,104) Payments to vendors (3,277,995) (4,543,000) (899,865) (9,648,351) (18,369,211) (10,330,385) Payments to employees (2,238,828) (554,719) (186,683) (966,884) (3,947,114) (4,616,819) Other receipts 13,211 4,895 11,945 48,509 78,560 1,313,021 Net cash provided(used)by operating activities 2,202,035 (336,660) (31,576) 1,113,144 2,946,943 57,838 CASH FLOWS FROM INVESTING ACTIVITIES: Investment income 57,927 (33,598) 4,620 4,074 33,023 52,325 Net cash provided(used)by investing activities 57,927 (33,598) 4,620 4,074 33,023 52,325 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES: Grant - - 4,016 - 4,016 - Transfers in - - - 40,576 40,576 Transfers(out) (260,000) - (10,000) (1,040,576) (1,310,576) (453,804) Net cash provided(used)by noncapital financing activities (260,000) - (5,984) (1,000,000) (1,265,984) (453,804) CASH FLOWS FROM CAPITAL FINANCING ACTIVITIES: Contributions 415,000 - - - 415,000 - Acquisition and construction of capital assets (1,981,155) (252,861) (99,972) (113,080) (2,447,068) (606,528) Proceeds from sale of equipment 13,752 13,852 - - 27,604 121,916 Special assessments 165,050 176,526 - - 341,576 - Proceeds from debt 3,715,000 865,000 - - 4,580,000 - Principal paid on debt (370,000) (85,000) - - (455,000) - Interest and fiscal agent paid on debt (13,389) 31,834 - - 18,445 - Net cash provided(used)by capital financing activities 1,944,258 749,351 (99,972) (113,080) 2,480,557 (484,612) Net increase(decrease)in cash and cash equivalents 3,944,220 379,093 (132,912) 4,138 4,194,539 (828,253) Cash and cash equivalents,January 1 102,067 537,086 739,940 669,052 2,048,145 8,012,179 Cash and cash equivalents,December 31 $ 4,046,287 $ 916,179 $ 607,028 $ 673,190 $ 6,242,684 $ 7,183,926 53 CITY OF EDEN PRAIRIE,MINNESOTA PROPRIETARY FUNDS STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31,2011 Page 2 of 2 Governmental Activities- Internal Water Sewer Storm Drainage Liquor Service Fund Fund Fund Fund Totals Fund RECONCILIATION OF OPERATING INCOME(LOSS)TO NET CASH PROVIDED(USED)BY OPERATING ACTIVITIES: Operating income(loss) $ (306,384)$ (1,863,698) $ (861,172) $ 901,566 $ (2,129,688)$ 103,593 Adjustments to reconcile operating income(loss)to net cash provided(used)by operating activates: Depreciation 2,605,917 1,721,496 851,795 115,335 5,294,543 27,235 Miscellaneous (162,681) (63,179) - 48,510 (177,350) - (Increase)decrease in assets: Accounts receivable (28,822) 30,106 (30,363) 2,984 (26,095) 8,839 Special assessments receivable 183,421 (5,293) - - 178,128 - Due from other funds - - - - - 54,104 Due from other governments - - 31,258 - 31,258 (624) Inventory 8,516 - - (57,482) (48,966) (19,162) Prepaid items (1,415) (11,087) 155 (14,543) (26,890) (214,711) Increase(decrease)in liabilities: Accounts payable (95,033) (173,622) (27,209) 100,950 (194,914) (49,192) Salaries payable (8,284) 6,688 (849) 3,349 904 (1,078) Unearned revenue - - - 496 496 (39,226) Due to other governments (4,225) (66) - 4,766 475 3,010 Due to other funds - - - - - (54,104) Net other post employment benefits 13,198 13,198 1,455 3,228 31,079 161,818 Compensated absences (2,173) 8,797 3,354 3,985 13,963 77,336 Net Cash provided(used)by operating activities $ 2,202,035 (336,660) $ (31,576) $ 1,113,144 $ 2,946,943 $ 57,838 Noncash investing,capital and financing activities: Loss on disposition of capital assets $ $ $ (6,812)$ (6,812)$ - 54 CITY OF EDEN PRAIRIE,MINNESOTA AGENCY FUNDS STATEMENT OF FIDUCIARY NET ASSETS DECEMBER 31,2011 Total ASSETS Cash and investments $ 1,371,946 Accounts receivable 144 Total assets $ 1,372,090 LIABILITIES Accounts payable $ 1,227,692 Due to other governments 144,398 Total liabilities $ 1,372,090 The notes to financial statements are an integral part of this statement 55 Notes to Financial Statements City of Eden Prairie, Minnesota Notes to Financial Statements Note 1—Summary of Significant Accounting Policies Reporting Entity The City of Eden Prairie is a municipal corporation governed by an elected mayor and four-member council. The accompanying financial statements consist of the primary government and organizations for which the primary government is financially accountable. In addition,the primary government may determine through exercise of management's professional judgment that the inclusion of an organization that does not meet the financial accountability criteria is necessary in order to prevent the financial statements from being misleading. The criteria used to determine if the primary government is financially accountable for a potential component unit include whether or not the primary government appoints the voting majority of the potential component unit's board, is able to impose its will on the potential component unit, is in a relationship of financial benefit or burden with the potential component unit, or is fiscally depended upon by the potential component unit. Blended Component Unit The Housing and Redevelopment Authority (H.R.A.) is a body organized and existing under the laws of the State of Minnesota. The Authority was established in 1980 by the City to carry out certain redevelopment projects within the City and is governed by the City Council and the Mayor. The H.R.A. has a December 31 year-end and does not issue financial statements. This unit is included within the H.R.A., H.R.A. Lease Revenue Facility Bonds, H.R.A. Lease Revenue 2002, 3rd Rink Lease Revenue Bonds 2007A, H.R.A. Lease Revenue Refunding Bonds 2009A, and Economic Development funds. Government-Wide and Fund Financial Statements The government-wide financial statements (i.e., the Statement of Net Assets and the Statement of Activities) report information on all of the nonfiduciary activities of the City. For the most part, the effect of interfund activity has been removed from these statements. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business- type activities,which rely to a significant extent on fees and charges for support. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include 1) charges to customers or applicants who purchase, use or directly benefit from goods, service or privileges provided by a given function or segment and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead as general revenues. 57 City of Eden Prairie, Minnesota Notes to Financial Statements Note 1—Summary of Significant Accounting Policies (Continued) Measurement Focus,Basis of Accounting and Statement Presentation Separate financial statements are provided for governmental funds, proprietary funds, and fiduciary funds, even though the latter are excluded from the government-wide financial statements. Major individual governmental funds and major individual proprietary funds are reported as separate columns in the fund financial statements. The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary fund financial statements. The fiduciary fund financial statements include Agency funds,which utilize the accrual basis of accounting,but do not have a measurement focus. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of the related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the City considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. Property taxes, licenses, interest and special assessments are all considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal period. All other revenue items are considered to be measurable and available only when cash is received by the City. 58 City of Eden Prairie, Minnesota Notes to Financial Statements Note 1—Summary of Significant Accounting Policies (Continued) The City reports the following major governmental funds: • The General fund is the City's primary operating fund. It accounts for the proceeds of specific revenue sources that are restricted or committed to expenditures for specified purposes other than debt service and capital projects. • The General Obligation Improvement Revolving 2005B fund accounts for the accumulation of tax revenues needed to repay bonds issued to pay for the construction at 212 and Charleson Road. • The General Obligation Improvement 2003D fund accounts for the accumulation of resources needed to repay bonds issued to finance the construction of streets, lateral utilities, and drainage for the Charlson and Hillcrest Construction Projects. The primary sources of repayment on these bonds are special assessments levied on benefited properties. • The Capital Improvement maintenance fund accounts for the accumulation of resources to be used for capital improvements and maintenance of City property. • The Public Improvement Construction fund accounts for proceeds of bonds sold and special assessments collected to finance street, drainage, and lateral utility construction within the City. • The Flying Cloud Drive fund accounts for proceeds of bonds sold to finance the construction of a three lane road from south of Shady Oak Road to the south end of the Liberty Plaza campus. The City reports the following major proprietary funds: • The Water fund accounts for the operations of the City-owned water system. • The Sewer fund accounts for the operations of the City sewer service. • The Storm Drainage fund accounts for the operations of the City's storm drainage system. • The Liquor fund accounts for the operations of the City's three retail liquor stores and the operations of the City-owned Den Road building which is leased to City liquor operations and other tenants. Additionally,the city reports the following fund types: Internal Service funds: • The Health & Benefits fund accounts for the activities pertaining to health, dental, life and disability insurance. This fund also accounts for the employer's portion of pension, FICA and medicare contributions. 59 City of Eden Prairie, Minnesota Notes to Financial Statements Note 1—Summary of Significant Accounting Policies (Continued) • The Severance fund accounts for unused vacation and sick leave for governmental fund employees. • The Workers Compensation fund accounts for insurance payments and cost reimbursement from other departments. • The Property Insurance fund accounts for insurance payments and cost reimbursement from other departments. • The Facilities fund accounts for the accumulation of resources to be used for the maintenance of the city's buildings. • The Fleet fund accounts for the accumulation of resources to be used for the purchase and maintenance of machinery and equipment for the City. • The Information Technology funds accounts for planning, designing and implementing information systems and cost reimbursement from other departments. Fiduciary funds: • Agency funds account for various deposits, collections and remittances of expenses for accumulating donations and contributions in the Escrow fund,WAFTA and MCES funds. Private-sector standards of accounting and financial reporting issued prior to December 1, 1989, generally are followed in both the government-wide and proprietary fund financial statements to the extent that those standards do not conflict with or contradict guidance of the Governmental Accounting Standards Board. Governments also have the option of following subsequent private-sector guidance for their business-type activities and enterprise funds, subject to this same limitation. The City has elected not to follow subsequent private-sector guidance. As a general rule the effect of interfund activity has been eliminated from the government-wide financial statements. Exceptions to this rule are payments in-lieu of taxes and other charges between the City's water and sewer function and various other functions of the City. Elimination of these charges would distort the direct costs and program revenues reported from the various functions concerned. Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund's principal ongoing operations. The principal operating revenue of the City's proprietary funds are charges to customers for sales and services. Operating expenses for proprietary funds include the cost of sales and services, administrative expenses, and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses. 60 City of Eden Prairie, Minnesota Notes to Financial Statements Note 1—Summary of Significant Accounting Policies (Continued) Assets,Liabilities and Net Assets or Equity Cash and Investments Cash and investments, except for small amounts of cash on hand, are deposited in pooled accounts of the City. The City invests cash surpluses in these accounts; and investment earnings, as well as gains and losses on sales of securities, are allocated to the various funds on the basis of average cash balances. Funds with deficit cash balance averages (interfund payable) are charged interest equivalent to the average investment earnings lost if financing the deficits. For purposes of the statement of cash flows, the Proprietary funds consider all unrestricted investments held in the pooled accounts of the City to be cash equivalents because this pool is used essentially as a demand deposit account. The pooled investments are recorded at fair value in accordance with GASB 31, and are based on quoted market prices at year end. Cash and Investments with Escrow Agent Certain resources set aside for repayment of lease revenue bond proceeds and crossover refunding bond payments are classified as cash and investments with escrow agent on the balance sheet because their use is limited by applicable bond covenants. Interfund Receivables/Payables Activity between funds that are representative of lending/borrowing arrangements outstanding at the end of the fiscal year are referred to as "due to/from other funds" (i.e., the current portion of interfund loans) or advances to/from other funds. All other outstanding balances between funds are reported as "due to/from other funds." Any residual balances outstanding between the governmental activities and business-type activities are reported in the government-wide financial statements as "internal balances." Inventories and Prepaid Items Liquor fund inventories are valued at average cost. The Water/Sewer and Fleet fund's inventories are valued at cost. All inventories use the first-in/first-out (FIFO) method. Inventories of governmental funds are recorded as expenditures when consumed rather than when purchased. Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items in both government-wide and fund financial statements. 61 City of Eden Prairie, Minnesota Notes to Financial Statements Note 1—Summary of Significant Accounting Policies (Continued) Capital Assets Capital assets, which include property, plant, equipment and infrastructure assets (e.g., roads, bridges, sidewalks, and similar items), are reported in the applicable governmental or business-type activities columns in the government-wide financial statements. Capital assets are defined by the City as assets with an initial, individual cost of more than $10,000 and an estimated useful life in excess of 1 year. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at estimated fair market value at the date of donation. The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend assets lives are not capitalized. The City has chosen to use the modified approach for its infrastructure assets, which means the following criteria will take place: • The City will preserve and maintain infrastructure assets at a condition level of 60. • The Engineering department will be in charge of determining the appropriate condition level at which these assets are to be maintained. • The City will maintain an inventory of these assets and perform a condition assessment every 3 years to establish that the condition level of 60 is being maintained. • The City will make annual estimates of the amounts that must be expended to preserve and maintain these assets at the condition level of 60. Property, plant, and equipment, except for infrastructure, of the City are depreciated using the straight line method over the following estimated useful lives: Buildings 5-50 years Land improvements 10-30 years Leasehold improvements 10-25 years Equipment 5-20 years Autos 5-20 years Other assets 5-30 years Distribution system 50-60 years Intangible assets 3 years 62 City of Eden Prairie, Minnesota Notes to Financial Statements Note 1—Summary of Significant Accounting Policies (Continued) Compensated Absences The City compensates employees upon termination for unused PTO. Such pay will be reflected as a liability in the government-wide financial statement and accrued as an expense as it is earned in an internal service fund. General Property Taxes Property tax levies are set by the City Council in December each year and are certified to Hennepin County for collection in the following year. In Minnesota, counties act as collection agents for all property taxes. The County spreads all levies over taxable property. Such taxes become a lien on January 1 and are recorded as receivables by the City at that date. Revenues are accrued and recognized in the year collectible,net of delinquencies. Real property taxes may be paid by taxpayers in two equal installments on May 15 and October 15. Personal property taxes may be paid on February 28 and June 30. The County provides tax settlements to taxing districts in February,June,and December. In the governmental fund financial statements, taxes that remain unpaid at December 31 are classified as delinquent taxes receivable and are fully offset by deferred revenue because they are not available to finance current expenditures. Special Assessment Levies Special assessments represent the financing for public improvements paid for by the benefiting property owner. In the fund financial statements, special assessment revenue and related interest income is generally recognized in the year collected. Hennepin County acts as the billing and collection agent. Amounts collected by the County during the year that have not yet been remitted to the City are considered collections for purposes of revenue recognition. Deferred special assessments receivable represents principal amounts due in future years. Special deferred assessments receivable includes Green Acres, disability, senior citizen owned property or other qualified hardship properties. These special assessments are deferred until such time the property loses its exempt status. While these taxes remain a valid receivable, the timing of their collection is uncertain. Interest accrues from the year of the deferment. Delinquent special assessments receivable represents special assessments principal and interest that are past due. In the governmental fund financial statements, deferred and delinquent special assessments receivable are fully offset by deferred revenue because such assessment revenue is not available currently. 63 City of Eden Prairie, Minnesota Notes to Financial Statements Note 1—Summary of Significant Accounting Policies (Continued) Long-term Obligations In the government-wide financial statements and proprietary fund financial statements, long-term debt and other long-term obligations are reported as liabilities in the statement of net assets. Bond premiums and discounts, as well as issuance costs, are deferred and amortized over the life of the bonds using the effective interest method. Bonds payable are reported net of the applicable bond premium or discount. Bond issuance costs are reported as deferred charges and amortized over the term of the related debt. In the fund financial statements, governmental fund types recognize bond premiums and discounts, as well as bond issuance costs, during the current period. The face amount of debt issued is reported as other financing sources. Premiums and discounts on debt issuances are reported as other financing sources/uses. Issuance costs, whether or not withheld from the actual debt proceeds received, are reported as debt service expenditures. Fund Balance Classifications In the fund financial statements, governmental funds report fund balance in classifications that disclose constraints for which amounts in those funds can be spent. These classifications are as follows: • Nonspendable-consists of amounts that are not in spendable form,such as prepaid assets. • Restricted-consists of amounts related to externally imposed constraints established by creditors, grantors or contributors;or constraints imposed by state statutory provisions. • Committed-consists of internally imposed constraints. These constraints are established by Resolution of the City Council. • Assigned-consists of internally imposed constraints. These constraints reflect the specific purpose for which it is the City's intended use. These constraints are established by the City council and/or management. Pursuant to City Council Resolution, the City's City Manager or Finance Manager is authorized to establish assignments of fund balance. • Unassigned-is the residual classification for the general fund and also reflects negative residual amounts in other funds. When both restricted and unrestricted resources are available for use, it is the City's policy to first use restricted resources, and then use unrestricted resources as they are needed. When unrestricted resources are available for use, it is the City's policy to use resources in the following order; 1)committed 2)assigned 3)unassigned. 64 City of Eden Prairie, Minnesota Notes to Financial Statements Note 1—Summary of Significant Accounting Policies (Continued) The City's fund balance policy requires the unassigned for working capital fund balance component to equal 50% of the next year's budgeted tax revenue. In recognition that the amount for working capital only covers operating costs for the first six months of the year,the City will maintain an unassigned fund balance component for budget stabilization which is 15% of the next year's budget. If the balance falls below 15%, a plan would be developed and implemented to replenish the fund. Prior Period Comparative Financial Information/Reclassification The financial statements include certain prior year partial comparative information but not at the level of detail required for a presentation in conformity with accounting principles generally accepted in the United States of America. Accordingly, such information should be read in conjunction with the City's financial statements for the year ended December 31, 2010, from which the summarized information was derived. Also, certain amounts presented in the prior year data have been reclassified in order to be consistent with the current year's presentation. Note 2—Stewardship, Compliance and Accountability Budgetary Information An annual budget is adopted on a basis consistent with generally accepted accounting principles for the General fund. The City does not budget for its Special Revenue funds. All annual appropriations lapse at fiscal year end. The proposed budget is presented to the City Council for review. The Council then holds truth-in- taxation hearings after which a final General Fund annual budget is legally adopted by no later than December 31. The appropriated budget is prepared by department and division. The City's directors and division managers may make transfers of appropriations within a division. Transfers of appropriations between departments require the approval of the City Manager. The legal level of budgetary control is the fund level. Any changes in the total budget of each fund must be approved by a majority vote of the City Council. During the year, adjustments between the original and final General fund amended budget totaled$29,000. Following are changes made to the original budget during the year: Communications website redesign $ 25,000 Economic Development Business survey 4,000 $ 29,000 65 City of Eden Prairie, Minnesota Notes to Financial Statements Note 2—Stewardship, Compliance and Accountability (Continued) Deficit Fund Equity The following governmental funds had deficit fund balances at December 31,2011: Major Funds: General Obligation Improv. Bonds 2003D $ 472,650 Public Improvements Construction 2,965,129 Non-Major Governmental Funds: Capital Equip Notes 2008A 23,622 CIP Trails 16,706 Sprint/Nextel 46,590 Shady Oak Road North 159,276 Shady Oak Road South 3,612 Internal Service Funds: Health and Benefits 143,204 Severance 6,819 The fund balance deficits of these individual Debt Service and Capital Project funds will be financed by property tax levies and special assessments. The fund balance deficit of the Severance Internal Service fund will be financed by user charges. The fund balance deficit of the Health and Benefits fund is due to the OPEB liability which the City will not fund since it pertains only to the Implicit Rate. 66 City of Eden Prairie, Minnesota Notes to Financial Statements Note 3—Cash and Investments Components of Cash and Investments Cash and investments at year-end consist of the following: Deposits $ 292,476 Investments 66,824,736 Cash on hand 8,555 Total $ 67,125,767 Cash and investments are presented in the financial statements as follows: Statement of Net Assets Cash and cash equivalents $ 59,418,497 Restricted cash and cash equivalents 6,335,324 Statement of Fiduciary Net Assets Cash and investments 1,371,946 $ 67,125,767 Deposits In accordance with Minnesota Statutes,the City maintains deposits at those depository banks authorized by the City Council,including checking accounts and certificates of deposits. The following is considered the most significant risk associated with deposits: Custodial Credit Risk: In the case of deposits,this is the risk that in the event of a bank failure,the City's deposits may be lost. Minnesota Statutes require that all deposits be protected by federal deposit insurance, corporate surety bond, or collateral. The market value of collateral pledged must equal 110% of the deposits not covered by federal deposit insurance or corporate surety bonds. Authorized collateral includes treasury bills, notes, and bonds; issues of U.S. government agencies; general obligation rate "A" or better; revenue obligations rate "AA" or better; irrevocable standard letters of credit issued by the Federal Home Loan Bank; and certificated of deposit. Minnesota Statues require that securities pledged as collateral be held in safekeeping in a restricted account at the Federal Reserve Bank or in an account at a trust department 67 City of Eden Prairie, Minnesota Notes to Financial Statements Note 3—Cash and Investments (Continued) of a commercial bank or other financial institution that is not owned or controlled by the financial institution furnishing the collateral. It is the City's policy to limit collateral to what is authorized by Minnesota Statutes. At year-end, the carrying amount of the City's deposits was $292,476 while the balance on the bank records was $292,476. At December 31, 2011, all deposits were fully covered by federal depository insurance,surety bonds,or by collateral held by the City's agent in the City's name. Investments As of December 31, 2011,the city had the following investments and maturities: Investment Maturities (in Years) Fair Less 1 to 5 Credit Value Than 1 Year Years Risk U.S. Agencies $ 23,102,758 $ 9,460,538 $ 13,642,220 AAA Municipal Bonds 5,045,635 2,864,116 2,181,519 (see Note A) Commercial Paper 3,244,117 3,244,117 - N/R Negotiable Certificate of Deposit 2,668,293 1,334,688 1,333,605 N/R Mutual Funds 32,763,933 32,763,933 - N/R Total $ 66,824,736 $ 49,667,392 $ 17,157,344 Investments are subject to various risks,the following of which are considered the most significant. A) Moody's Investor Service was used as the primary agency for the municipal bond ratings,in the case that Moody's did not provide a rating, Standard&Poor's was used. Below is the fair value of municipal bonds by credit rating: AA3 $ 1,841,534 AA 886,703 AA- 682,794 BAA2 519,215 AAA 361,679 AA2 308,218 Migl 225,369 A+ 220,123 $ 5,045,635 68 City of Eden Prairie, Minnesota Notes to Financial Statements Note 3—Cash and Investments (Continued) Interest Rate Risk Per City policy, the City will match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than five (5) years from the date of purchase. Reserve funds and other funds with longer-term investment horizons may be invested in securities exceeding five (5) years if the maturities of such investments are made to coincide as nearly as practicable with the expected use of funds. The intent to invest in securities with longer maturities will be disclosed to the City Council. Currently, the City does not have any investments maturing more than five years from the date of purchase. Credit Risk It is the City's policy to limit its investments to the following types as authorized by Minnesota Statutes: • Direct obligations or obligations guaranteed by the United States or its agencies, its instrumentalities or organizations created by an act of congress, excluding mortgage-backed securities defined as high risk. • Shares of investment companies registered under the Federal Investment Company Act of 1940 and whose only investments are in securities described above or in general obligation tax exempt securities, or repurchase or reverse repurchase agreements. • Repurchase or reverse repurchase agreements with banks that are members of the Federal Reserve System with capitalization exceeding $10,000,000: a primary reporting dealer in U.S. government securities to the Federal Reserve Bank of New York; certain Minnesota securities broker-dealers, or, a bank qualified as a depositor. • Commercial paper issued by United States corporations or their Canadian subsidiaries, of the higher quality, and maturing in 270 days or less. • Banker's acceptance of U.S.banks eligible for purchase by the Federal Reserve System. • General obligations of a state of local government. • Money market mutual funds meeting the conditions of rule 2a-7 of the Securities and Exchange Commission. The fair value of the position in the pool is the net asset value per share provided by the pool. 69 City of Eden Prairie, Minnesota Notes to Financial Statements Note 3—Cash and Investments (Continued) Custodial Credit Risk For an investment, custodial credit risk is the risk that in the event of the failure of the counterparty, the city will not be able to recover the value of its investments or collateral securities that are in the possession of an outside party. The City's investments held by the broker-dealer were insured by Securities Investor Protection Corporation (SIPC) or other supplemental insurance as of December 31, 2011. However, each investment brokerage firm may have a limit to their supplemental insurance and because of the size of the City's portfolio in relation to the brokerage firm's excess SIPC coverage limits the portion of the supplemental policy applicable to the City's portfolio is unknown. The City accepts the risk due to the controls in place at the broker-dealer. The City's investment policy does not further address this risk, but the City typically limits its exposure by purchasing insured or registered investments,or by the control of who holds the securities. Concentration Risk This is the risk associated with investing a significant portion of the City's investment (considered 5 percent or more) in the securities of a single issuer, excluding U.S. guaranteed investments (such as Treasuries), investment pools, and mutual funds. The City's investment policy does not limit the concentration of investments. At year end, the City held the following investments in securities of a single issuer which exceeded 5%. Issuer Percentage FHLBDeb 8.31% 70 City of Eden Prairie, Minnesota Notes to Financial Statements Note 4-Capital Assets Capital asset activity for the year ended December 31,2011 was as follows: 2011 2011 Beginning Ending Balance Transfers Increases Decreases Balance Governmental activities: Capital assets,not being depreciated: Land $ 22,600,571 $ - $ - $ 15,804 $ 22,584,767 Infrastructure 117,007,512 197,218 75,308 - 117,280,038 Work in progress 7,594,200 (987,280) 6,411,223 - 13,018,143 Total capital assets,not being depreciated 147,202,283 (790,062) 6,486,531 15,804 152,882,948 Capital assets,being depreciated: Buildings 49,400,366 - 202,978 289,178 49,314,166 Land improvements 13,248,626 - 279,240 40,199 13,487,667 Leasehold improvements 77,318 - - - 77,318 Machinery and equipment 3,522,992 322,879 285,448 201,415 3,929,904 Autos 8,899,615 - 755,632 437,487 9,217,760 Other assets 6,679,029 467,183 245,761 171,774 7,220,199 Total capital assets,being depreciated 81,827,946 790,062 1,769,059 1,140,053 83,247,014 Total Capital assets,cost 229,030,229 - 8,255,590 1,155,857 236,129,962 Less accumulated depreciation for: Buildings 9,953,015 - 1,098,121 102,102 10,949,034 Land improvements 3,172,897 - 693,864 35,834 3,830,927 Leasehold improvements 32,457 - 5,054 - 37,511 Machinery and equipment 2,617,258 - 325,407 201,060 2,741,605 Autos 5,097,574 - 801,410 428,910 5,470,074 Other assets 4,523,807 - 367,396 171,774 4,719,429 Total accumulated depreciation 25,397,008 - 3,291,252 939,680 27,748,580 Total capital assets,being depreciated,net 56,430,938 790,062 (1,522,193) 200,373 55,498,434 Governmental activities capital assets,net $ 203,633,221 - $ 4,964,338 $ 216,177 $ 208,381,382 71 City of Eden Prairie, Minnesota Notes to Financial Statements Note 4-Capital Assets (Continued) 2011 Beginning 2011 Balance, Ending Restated Transfers Increases Decreases Balance Business-type activities: Capital assets,not being depreciated: Land 656,356 - - - 656,356 Work in progess 2,409,529 (2,282,347) 1,662,588 - 1,789,770 Total capital assets,not being depreciated 3,065,885 (2,282,347) 1,662,588 - 2,446,126 Capital assets,being depreciated: Land improvements 62,412 - 44,892 - 107,304 Buildings 57,030,607 1,959,277 - - 58,989,884 Distribution system 185,641,963 147,822 243,680 - 186,033,465 Leasehold improvements 892,090 - - 164,696 727,394 Machinery and equipment 3,665,886 175,248 385,094 75,074 4,151,154 Autos 933,780 - 68,710 44,236 958,254 Other assets 412,867 - 42,103 26,465 428,505 Total capital assets,being depreciated 248,639,605 2,282,347 784,479 310,471 251,395,960 Total Capital assets,cost 251,705,490 - 2,447,067 310,471 253,842,086 Less accumulated depreciation for: Land improvements 8,543 - 3,713 - 12,256 Buildings 24,025,848 - 1,153,956 - 25,179,804 Distribution system 79,729,044 - 3,712,840 - 83,441,884 Leasehold improvements 201,284 - 72,357 157,884 115,757 Machinery and equipment 1,008,877 - 285,971 75,074 1,219,774 Autos 839,424 - 47,598 44,236 842,786 Other assets 369,198 - 18,108 26,465 360,841 Total accumulated depreciation 106,182,218 - 5,294,543 303,659 111,173,102 Total capital assets,being depreciated,net 142,457,387 2,282,347 (4,510,064) 6,812 140,222,858 Business-type activities capital assets,net $ 145,523,272 $ - $ (2,847,476) $ 6,812 $ 142,668,984 72 City of Eden Prairie, Minnesota Notes to Financial Statements Note 4—Capital Assets (Continued) Depreciation expense was charged to functions/programs of the City as follows: Governmental activities: General government $ 428,722 Public safety 860,365 Public works 523,222 Parks and recreation 1,451,708 Capital assets held by the government's internal service funds are charged to the various functions based on their usage of the assets 27,235 Total depreciation expense-governmental activities $ 3,291,252 Business-type activities: Water $ 2,605,917 Sewer 1,721,496 Storm 851,795 Liquor 115,335 Total depreciation expense-business-type activities $ 5,294,543 Note 5—Interfund Receivables and Payables The composition of due to/from balances as of December 31, 2011, is as follows: Due from Due to other funds other funds G.O. Improv.Bonds 2003D $ - $ 471,303 Capital Improvement Maintenance 2,813,016 - Public Improvements Construction - 2,813,016 Non-Major Governmental Funds 763,643 292,340 Total $ 3,576,659 $ 3,576,659 The funds will be repaid as special assessment revenue,taxes and user charges are received. Interfund payables and receivables are representative of lending/borrowing arrangements to cover deficit cash balances. 73 City of Eden Prairie, Minnesota Notes to Financial Statements Note 6—Interfund Transfers The composition of interfund transfers as of December 31,2011, is as follows: Transfers In Transfers Out Amount General Water fund $ 260,000 Storm Drainage fund 10,000 Non-Major Governmental funds 24,171 Capital Improvement Maintenance General 808,259 Liquor fund 1,000,000 Internal service funds 453,804 Public Improvement Construction Non-Major Governmental funds 404,861 Non-Major Governmental funds General 379,000 Capital Improvement Maintenance 1,875,000 Public Improvement Construction 9,599 Flying Cloud Drive 175,000 Total of transfers $ 5,399,694 Interfund transfers allow the City to allocate financial resources to the funds that receive benefit from services provided by another fund.All of the City's interfund transfers fall under that category. All of the 2011 transfers are considered routine and consistent with previous practices. 74 City of Eden Prairie, Minnesota Notes to Financial Statements Note 7—Pension Plan Defined Benefit Pension Plans-Statewide Plan Description All full-time and certain part-time employees of the City of Eden Prairie are covered by defined benefit plans administered by the Public Employees Retirement Association of Minnesota (PERA). PERA administers the General Employees Retirement Fund (GERF) and the Public Employees Police and Fire Fund (PEPFF), which are cost-sharing, multiple-employer retirement plans. These plans are established and administered in accordance with Minnesota Statutes, Chapters 353 and 356. GERF members belong to either the Coordinated Plan or the Basic Plan. Coordinated Plan members are covered by Social Security and Basic Plan members are not. All new members must participate in the Coordinated Plan. All police officers and fire-fighters who qualify for membership by statute are covered by the PEPFF. PERA provides retirement benefits as well as disability benefits to members, and benefits to survivors upon death of eligible members. Benefits are established by state statute, and vest after three years of credited service. The defined retirement benefits are based on a member's highest average salary for any five successive years of allowable service,age, and years of credit at termination of service. Two methods are used to compute benefits for PERA's Coordinated and Basic Plan members. The retiring member receives the higher of a step-rate benefit accrual formula (Method 1) or a level accrual formula (Method 2). Under Method 1, the annuity accrual rate for a Basic Plan member is 2.2 percent of average salary for each of the first 10 years of service and 2.7 percent for each remaining year. The annuity accrual rate for a Coordinated Plan member is 1.2 percent of average salary for each of the first 10 years and 1.7 percent for each remaining year. Under Method 2, the annuity accrual rate is 2.7 percent of average salary for Basic Plan members and 1.7 percent for Coordinated Plan members for each year of service. For PEPFF members, the annuity accrual rate is 3.0 percent for each year of service. For all PEPFF members and GERF members hired prior to July 1, 1989 whose annuity is calculated using Method 1, a full annuity is available when age plus years of service equal 90. Normal retirement age is 55 for PEPFF members and 65 for Basic and Coordinated members hired prior to July 1, 1989. Normal retirement age is the age for unreduced Social Security benefits capped at 66 for Coordinated members hired on or after July 1, 1989. A reduced retirement annuity is also available to eligible members seeking early retirement. 75 City of Eden Prairie, Minnesota Notes to Financial Statements Note 7—Pension Plan (Continued) There are different types of annuities available to members upon retirement. A single-life annuity is a lifetime annuity that ceases upon the death of the retiree—no survivor annuity is payable. There are also various types of joint and survivor annuity options available which will be payable over joint lives. Members may also leave their contributions in the fund upon termination of public service in order to qualify for a deferred annuity at retirement age. Refunds of contributions are available at any time to members who leave public service,but before retirement benefits begin. The benefit provisions stated in the previous paragraphs of this section are current provisions and apply to active plan participants. Vested, terminated employees who are entitled to benefits but are not receiving them yet are bound by the provisions in effect at the time they last terminated their public service. PERA issues a publicly available financial report that includes financial statements and required supplementary information for GERF and PEPFF. That report may be obtained on the Internet at www.mnpera.org,by writing to PERA at 60 Empire Drive#200, St. Paul, Minnesota, 55103-2088 or by calling (651) 296-7460 or 1-800-652-9026. Funding Policy Minnesota Statutes Chapter 353 sets the rates for employer and employee contributions. These statutes are established and amended by the state legislature. The city makes annual contributions to the pension plans equal to the amount required by state statutes. GERF Basic Plan members and Coordinated Plan members were required to contribute 9.1% and 6.25%, respectively, of their annual covered salary in 2011. PEPFF members were required to contribute 9.6% of their annual covered salary in 2011. In 2011, the City of Eden Prairie was required to contribute the following percentages of annual covered payroll: 11.78% for Basic Plan members, 7.25% for Coordinated Plan members, and 14.4% for PEPFF members. The City's contributions to the Public Employees Retirement Fund for the years ending December 31, 2011, 2010 and 2009 were $962,681, $911,909, and $858,694, respectively. The City's contributions to the Public Employees Police & Fire Fund for the years ending December 31, 2011, 2010, and 2009 were $909,622, $879,255, and $849,003, respectively. The City's contributions were equal to the contractually required contributions for each year as set by state statute. Defined Contribution Plan Council members of the City of Eden Prairie are covered by the Public Employees Defined Contribution Plan (PEDCP), a multiple-employer deferred compensation plan administered by the Public Employees Retirement Association of Minnesota (PERA). The PEDCP is a tax qualified plan under Section 401(a) of the Internal Revenue Code and all contributions by or on behalf of employees are tax deferred until time of withdrawal. 76 City of Eden Prairie, Minnesota Notes to Financial Statements Note 7—Pension Plan (Continued) Plan benefits depend solely on amounts contributed to the plan plus investment earnings, less administrative expenses. Minnesota Statutes, Chapter 353D.03, specifies plan provisions, including the employee and employer contribution rates for those qualified personnel who elect to participate. An eligible elected official who decides to participate contributes 5 percent of salary which is matched by the elected official's employer. Employer and employee contributions are combined and used to purchase shares in one or more of the seven accounts of the Minnesota Supplemental Investment Fund. For administering the plan, PERA receives 2 percent of employer contributions and twenty-five hundredths of one percent of the assets in each member's account annually. Total contributions made by the City of Eden Prairie during the year ending December 31,2011 were: Amount % of Covered Payroll Required Employee Employer Employee Employer Rates $ 2,231 $ 2,231 5.00% 5.00% 5.00% Defined Benefit Pension Plans-Volunteer Fire Fighter's Relief Association Plan Description The Eden Prairie Firefighter's Relief Association is the administrator of a single employer defined benefit pension plan established to provide benefits for members of the Eden Prairie Fire Department. Volunteer firefighters of the City are members of the Eden Prairie Fire Fighter's Relief Association. Full retirement benefits are payable to members who have reached age 50 and have completed 15 years of service for monthly service pension, or 10 years of service for lump sum service pension. Partial benefits are payable to members who have reached 50 and have completed 10 years of service. Disability benefits and widow and children's survivor benefits are also payable to members or their beneficiaries based upon requirements set forth in the bylaws. These benefit provisions and all other requirements are consistent with enabling state statutes. The Association issues a publicly available financial report that includes financial statements and required supplementary information. That report may be obtained by writing to Eden Prairie Firefighter's Association, 14800 Scenic Heights Rd., Eden Prairie, MN 55344 or by calling (952) 949- 8367. 77 City of Eden Prairie, Minnesota Notes to Financial Statements Note 7—Pension Plan (Continued) Funding Policy Minnesota Statutes Chapter 69.772 specifies minimum support rates required on an annual basis. The minimum support rates from the municipality and from State aid are determined as the amount required to meet the normal cost plus amortizing any existing prior service costs over a ten year period. The City's obligation is the financial requirement for the year less state aids. Any additional payments by the City shall be used to amortize the unfunded liability of the relief association. The Association is comprised of volunteers; therefore, there are no payroll expenditures (i.e., there are no covered payroll percentage calculations). During the year, the City recognized as revenue and as an expenditure an on- behalf payment of$286,728 made by the State of Minnesota for the Relief Association. The City's annual pension cost for the current year and related information is as follows: Annual pension cost- $1,116,805 Asset valuation method-Market Valuation date-December 31, 2010 Actuarial assumptions: Actuarial cost method-Entry age normal cost Investment return-5%per year Amortization method-Level dollar open Assumed inflation rate-N/A Remaining amortization period Cost of living adjustment-N/A Normal cost-20 Prior service cost-10 Three Year Trend Information Year Ended Actual Contribution Required Percentage Dec 31, City State Total Contribution Contributed 2008 $ 411,221 $ 335,779 $ 747,000 $ 747,000 100% 2009 462,805 284,195 747,000 747,000 100% 2010 1,129,002 292,384 1,421,386 1,421,386 100% 2011 830,077 286,728 1,116,805 1,116,805 100% 78 City of Eden Prairie, Minnesota Notes to Financial Statements Note 7—Pension Plan (Continued) Required Supplementary Information Actuarial Actuarial Actuarial Accrued (Unfunded) Valuation Value of Liability Overfunded Funded Date Assets (AAL) AAL Ratio 12/31/2009 $ 14,511,437 $ 18,574,088 $ (4,062,651) 78.13% 12/31/2010 16,967,737 19,282,133 (2,314,396) 88.00% 12/31/2011 16,838,952 19,282,133 (2,443,181) 87.33% The Association is comprised of volunteers; therefore, there are no payroll expenditures (i.e.,there are no covered payroll percentage calculations). Note 8—Other Post-Employment Benefits Plan Plan Description The City provides post-employment insurance benefits to certain eligible employees through the City's Other Post-Employment Benefits Plan, a single-employer defined benefit plan administered by the City. All post-employment benefits are based on contractual agreements with employee groups. These contractual agreements do not include any specific contribution or funding requirements. The Plan does not issue a separate report. These benefits are summarized as follows: Post-Employment Insurance Benefits All retirees of the City have the option under state law to continue their medical insurance coverage through the City from the time of retirement until the employee reaches the age of eligibility for Medicare. For members of all employee groups, the retiree must pay the full premium to continue coverage for medical and dental insurance. The City is legally required to include any retirees for whom it provides health insurance coverage in the same insurance pool as its active employees, whether the premiums are paid by the City or the retiree. Consequently, participating retirees are considered to receive a secondary benefit known as an "implicit rate subsidy." This benefit relates to the assumption that the retiree is receiving a more favorable premium rate than they would otherwise be able to obtain if purchasing insurance on their own, due to being included in the same pool with the City's younger and statistically healthier active employees. 79 City of Eden Prairie, Minnesota Notes to Financial Statements Note 8—Other Post-Employment Benefits Plan (Continued) Funding Policy The required contribution is based on projected pay-as-you-go financing requirements, with additional amounts to pre-fund benefits as determined annually by the City. Annual OPEB Cost and Net OPEB Obligation The City's annual OPEB cost (expense) is calculated based on annual required contributions (ARC) of the City, an amount determined on an actuarially determined basis in accordance with the parameters of GASB Statement Nos. 43 and 45. The City prospectively implemented these statements during 2008. The ARC represents a level funding that, if paid on an ongoing basis, is projected to cover normal costs each year and amortize any unfunded actuarial liabilities (or funding excess) over a period not to exceed 30 years. The following table shows the components of the City's annual OPEB cost for the year, the amount actually contributed to the plan, and the changes in the City's net OPEB obligation to the plan: Annual required contribution $ 288,354 Interest on net OPEB obligation 25,747 Adjustment to annual required contribution (34,900) Annual OPEB cost expense 279,201 Contributions made 81,899 Increase in net OPEB obligation 197,302 Net OPEB obligation-beginning of year 572,151 Net OPEB obligation-end of year $ 769,453 Other post employment benefits are generally liquidated through the Health and Benefits Internal Service funds. The City's annual OPEB cost,the percentage of annual OPEB cost contributed to the plan, and the net OPEB obligation for the year are as follows: % of Annual Fiscal Annual Employer OPEB Cost Net OPEB Year Ended OPEB Cost Contribution Contributed Obligation 12/31/09 216,372 44,890 20.7% 354,030 12/31/10 282,844 64,723 22.9% 572,151 12/31/11 279,201 81,899 29.3% 769,453 80 City of Eden Prairie, Minnesota Notes to Financial Statements Note 8—Other Post-Employment Benefits Plan (Continued) Funded Status and Funding Progress As of January 1, 2010, the plan was zero percent funded. The actuarial accrued liability for benefits was $2,438,910, and the actuarial value of assets was $0, resulting in an unfunded actuarial accrued liability (UAAL) of$2,438,910. The covered payroll (annual payroll of active employees covered by the plan) was $17,127,274, and the ratio of the UAAL to the covered payroll was 14.2%. Actuarial valuations of an ongoing plan involve estimates of the value of reported amounts and assumptions about the probability occurrence of events far into the future. Examples include assumptions about future employment, mortality, and the healthcare cost trend. Amounts determined regarding the funded status of the plan and ARCs of the employer are subject to continual revision as actual results are compared with past expectations and new estimates are made about the future. The Schedule of Funding Progress immediately following the notes to the basic financial statements presents multi-year trend information about whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liabilities for benefits. Actuarial Methods and Assumptions Projections of benefits for financial reporting purposes are based on the substantive plan (the plan as understood by the employer and the plan members) and include the types of benefits provided at the time of each valuation and the historical pattern of sharing of benefit costs between the employer and plan members to that point. The actuarial methods and assumptions used include techniques that are designed to reduce the effects of short-term volatility in actuarial accrued liabilities and the actuarial value of assets, consistent with the long-term perspective of the calculations. In the January 1, 2010 actuarial valuation, the projected unit credit actuarial cost method was used. The actuarial assumptions included: a 4.5% percent investment rate of return (net of investment expenses) based on the City's own investments; an annual healthcare cost trend rate of 8.5% initially, reduced by decrements to an ultimate rate of 5% after eight years for medical insurance. Both rates included a 2.5% inflation assumption. The UAAL is being amortized on a level dollar basis over a closed period. The remaining period at January 1,2010 is 30 years or less. 81 City of Eden Prairie, Minnesota Notes to Financial Statements Note 9—Leases As Lessee The City has entered into lease agreements for two space leases in connection with its liquor store operations. Rental expense, excluding a prorated share of real estate taxes and common area operating costs,for the year ended December 31,2011,was approximately$207,500. The following is an annual schedule of future minimum lease payments under these leases: Year Ended Prairie Prairie December 31, Village View 2012 $ 123,014 $ 90,169 2013 126,710 90,169 2014 130,494 92,172 2015 134,430 92,172 2016 138,454 94,176 2017-2019 264,430 286,536 $ 917,532 $ 745,394 The City has entered into a lease agreement with the Metropolitan Airports Commission for expanded athletic fields. Rental expense for the year ended December 31, 2011,was $3,605. The City will continue to pay this amount,escalating 3%per year for the remaining lease term,which expires August 1, 2013. As Lessor The City occupies approximately one-third of the City Center building. The remaining two-thirds are primarily leased to the Eden Prairie Independent School District and C.H. Robinson Company. The City recorded 2011 rental revenue of approximately $439,000 from these two tenants. Both the School District and C.H. Robinson Company have signed formal lease agreements wherein the City will receive approximately $463,000 annually through February 28, 2014 plus the lessee's portion of maintenance, insurance and taxes. The City has entered into a lease agreement with Pure Grace for the rental of space located at the Smith Douglas More House. Rental income for the year ended December 31, 2011 was $34,000. This lease will expire on December 31,2017. The City will receive $34,000 annually through 2017. 82 City of Eden Prairie, Minnesota Notes to Financial Statements Note 9—Leases (Continued) The City has entered into a lease agreement with Ace Daycare for the rental of space located at 8098 Glen Lane. Rental income for the year ended December 31, 2011 was $55,400. This lease will expire on September 30,2015. The City will receive $66,500 annually through 2015. The City has entered into a lease agreement with BE Ventures I, Inc. d/b/a Complete Nutrition for 1,517 square feet of rental of space located in the Den Road Liquor store building. Rental income for the year ended December 31,2011 was $32,686. The City will receive$34,891 annually through 2016. The City has entered into a lease agreement with Jeneka LLC d/b/a Encore Consignment Boutique 3,662 square feet of rental of space located in the Den Road Liquor store building. Rental income will not be collected until the year 2012. The City will receive rent annually through 2018. Annual rent will be $73,809 in year 1, $79,018 in year 2, $91,551 in years 3-5, and$98,875 in years 6 and 7. The City has entered into a lease agreement with a tenant for the rental of space located at 9100 Riley Lake Road (the "Riley House"). Rental income for the year ended December 31, 2011 was $3,685. This lease will expire on June 10, 2012. The City will receive $3,300 through June 2012. The City has entered into a lease agreement with Eden Prairie Historical Society for use of space located at 13600 Pioneer Trail, Eden Prairie, Minnesota (Cummins-Grill House). Rental income for the year ended December 31,2011 was $1. The City will receive $1 annually until March 31,2015. The assets acquired for these lease agreements is as follows: Governmental Liquor Activities Fund Asset: Land $ 2,628,813 $ 536,659 Building 12,124,160 1,900,408 Less: Accumulated depreciation (4,064,363) (454,613) Total $ 10,688,610 $ 1,982,454 Depreciation Expense $ 278,674 $ 37,936 83 City of Eden Prairie, Minnesota Notes to Financial Statements Note 10—Long Term Debt Bonds The City issues general obligation bonds to provide funds for the acquisition and construction of major capital facilities. General obligation bonds have been issued for both governmental and business-type activities. General obligation bonds are direct obligations and pledge the full faith and credit of the City. The City also issues assessment debt with governmental commitment to provide funds for the construction of streets and utilities. These bonds will be repaid from amounts levied against the property owners benefited by this construction. In the event that a deficiency exists because of unpaid or delinquent assessments at the time a debt service payment is due, the City must provide resources to cover the deficiency until other resources are received. Assessment debt with governmental commitment has been issued for governmental activities. The City also issued lease revenue bonds where the government pledges income derived from lease agreements to pay debt service. 84 City of Eden Prairie, Minnesota Notes to Financial Statements Note 10-Long Term Debt (Continued) Bonds currently outstanding (in thousands of dollars) are as follows: 2011 Interest Original Amount Maturities Rates Issue Outstanding Governmental Activity General obligation bonds G.O. Refunding Bonds of 2003A 2012 3.00-3.65% $ 3,185 $ 335 G.O. Refunding Bonds of 2003C 2014 2.00-3.90% 1,445 550 G.O. Bonds of 2005C 2026 4.10-4.20% 4,920 4,920 G.O. Bonds of 2006A 2014 3.50-4.00% 8,425 5,980 G.O. Bonds of 2006B 2027 4.25-4.50% 4,290 3,740 G.O. Bonds of 2006C 2012 4.25% 1,080 235 G.O. Equip Notes of 2008A 2018 3.00-4.00% 3,120 2,240 G.O. Equip Notes of 2009B 2018 3.00% 2,455 1,955 G.O. CIP Refunding Bonds 2009C 2014 2.50-3.00% 1,395 865 G.O. bonds 2011B 2016 2.50-3.00% 415 415 G.O. Refunding Bonds 2011C 2021 1.25-2.10% 4,455 4,455 Lease revenue bonds Public Facility Bonds of 2007A 2028 3.60-4.50% 1,630 1,490 HRA Refunding Bonds of 2009A 2012 2.50-3.00% 3,235 1,195 Assess debt with govt commit G.O. Bonds of 2003D 2014 1.75-4.00% 4,305 500 G.O. Revolving Bonds of 2005A 2015 3.25-3.55% 2,390 1,060 G.O. Revolving Bonds of 2005B 2013 3.50-3.60% 2,690 2,090 G.O. Revolving Bonds of 2008B 2023 3.50-4.50% 1,845 1,550 G.O. Revolving Bonds of 2010A 2025 2.00-4.00% 1,190 1,125 G.O. Revolving Bonds of 2011D 2025 2.00-2.63% 1,805 1,805 Total Governmental Activity 54,275 36,505 Business Type Activitiy G.O. Water &Sewer Bonds 2011A 2020 .50-3.80% 1,260 1,135 G.O. bonds 2011B 2020 2.50-3.00% 3,320 2,990 Total Business Type Activity 4,580 4,125 Total $ 58,855 $ 40,630 85 City of Eden Prairie, Minnesota Notes to Financial Statements Note 10-Long Term Debt (Continued) Annual debt service requirements to maturity for governmental activity bonds (in thousands of dollars) are as follows: Assessment Debt with Govt Years Commitment Ending G.O.Bonds Lease Revenue Bonds Improv Bonds Total 12/31 Principal Interest Principal Interest Principal Interest Principal Interest 2012 $ 2,400 $ 837 $ 1,260 $ 81 $ 710 $ 275 $ 4,370 $ 1,193 2013 2,360 789 65 61 2,445 251 4,870 1,101 2014 6,595 619 70 58 765 158 7,430 835 2015 1,345 462 70 56 610 134 2,025 652 2016 1,360 429 75 53 340 114 1,775 596 2017 1,295 394 80 50 355 104 1,730 548 2018 1,345 360 80 46 365 94 1,790 500 2019 945 330 85 42 375 83 1,405 455 2020 970 307 85 39 380 71 1,435 417 2021 995 276 90 35 390 59 1,475 370 2022 1,060 236 95 31 415 46 1,570 313 2023 1,120 191 100 26 425 32 1,645 249 2024 1,155 143 100 22 275 17 1,530 182 2025 1,190 93 100 17 280 9 1,570 119 2026 1,255 40 110 12 - - 1,365 52 2027 300 7 110 7 - - 410 14 2028 - - 110 3 - - 110 3 Total $25,690 $ 5,513 $ 2,685 $ 639 $ 8,130 $ 1,447 $ 36,505 $ 7,599 86 City of Eden Prairie, Minnesota Notes to Financial Statements Note 10—Long Term Debt (Continued) Annual debt service requirements to maturity for business-type activity bonds (in thousands of dollars) are as follows: Years Ending Revenue Bonds 12/31 Principal Interest 2012 $ 425 $ 113 2013 430 104 2014 440 95 2015 445 85 2016 455 73 2017 465 60 2018 475 46 2019 485 31 2020 505 16 Total $ 4,125 $ 623 Capital Lease In 2008, the City entered into a new lease for financing the purchase of turn out gear for the Fire department. The lease agreement qualifies as a capital lease for accounting purposes and, therefore, has been recorded at the present value of their future minimum lease payments as of the inception date. This equipment was not capitalized by the City. The last lease obligations of$42,751 in principal and $2,101 in interest was made in 2011. 87 City of Eden Prairie, Minnesota Notes to Financial Statements Note 10-Long Term Debt (Continued) Changes in Long Term Debt Long-term debt activity for the year ended December 31, 2011, (in thousands of dollars)was as follows: Due Beginning Ending Within Balance Additions Reductions Balance One Year Governmental Activity G.O. bonds $ 23,070 $ 4,870 $ 2,250 $25,690 $ 2,400 Lease revenue bonds 3,795 - 1,110 2,685 1,260 Assess. debt with govt commit Improvement bonds 7,000 1,805 675 8,130 710 Issuance premium/discount 154 80 42 192 - Deferred gain 209 - 77 132 - Total bonds 34,228 6,755 4,154 ' 36,829 4,370 Compensated absences 1,649 1,621 1,544 1,726 863 Capital lease 43 - 43 - - Total $ 35,920 $ 8,376 $ 5,741 $38,555 $ 5,233 Business Type Activity Revenue bonds $ - $ 4,580 $ 455 $ 4,125 $ 425 Issuance premium/discount - 158 12 146 - Total bonds - 4,738 467 4,271 425 Compensated absences 219 230 216 233 117 Total $ 219 $ 4,968 $ 683 $ 4,504 $ 542 For the governmental activities, the capital lease is generally paid with unassigned fund balances within the General fund. Compensated absences will be paid out of the Internal Service fund. There are a number of limitations and restrictions contained in the various bond indentures. The City is in compliance with all significant limitations and restrictions. Call provisions are applicable to certain general obligation and special assessment bond issues. 88 City of Eden Prairie, Minnesota Notes to Financial Statements Note 10—Long Term Debt (Continued) Changes in Long Term Debt During 2011 the City issued $4,455,000 G.O. Refunding Bonds 2011C to provide for the redemption of the G.O. Bonds 2006A. The refunding reduced total debt payment by $250,586 and resulted in an economic gain of$230,849. The proceeds of the crossover refunding were placed in an irrevocable escrow account and were used to purchase U.S. government securities. The escrow account investments will provide the resources to cover principal and interest payments on the refunding bonds until the crossover date. The refunding bonds cross over on the dates the refunded bonds are callable. Until the crossover dates, both the refunded and refunding bonds will be reported in the financial statements. Escrow Crossover Principal to Deposit Issue to be Refunded Date be Refunded at 12/31/11 G.O. Bonds 2006A 01/01/2014 $ 4,295,000 $ 4,428,346 The City also issued$1,805,000 G.O. Refunding Bonds 2011D to provide for the redemption of the G.O. Bonds 2005B. The refunding reduced total debt payment by$134,855 and resulted in an economic gain of$114,830. The proceeds of the crossover refunding were placed in an irrevocable escrow account and were used to purchase U.S. government securities. The escrow account investments will provide the resources to cover principal and interest payments on the refunding bonds until the crossover date. The refunding bonds cross over on the dates the refunded bonds are callable. Until the crossover dates, both the refunded and refunding bonds will be reported in the financial statements. Escrow Crossover Principal to Deposit Issue to be Refunded Date be Refunded at 12/31/11 G.O. Bonds 2005B 12/1/2013 $ 1,730,000 $ 1,809,793 89 City of Eden Prairie, Minnesota Notes to Financial Statements Note 11—Risk Financing and Related Insurance Issues The City is exposed to various risk of loss related to torts; thefts of, damage to and destruction of assets; errors and omissions; injuries to employees; and natural disasters. In order to protect against these risks of loss, the City purchases commercial insurance through the League of Minnesota Cities Insurance Trust, a public entity risk pool, for property insurance and workers compensation. This pool currently operates as a common risk management and insurance program for municipal entities. The City pays an annual premium to the League for its insurance coverage. The League of Minnesota Cities Insurance Trust is self-sustaining through commercial companies for excess claims. The City is covered through the pool for any claims incurred but unreported, however, retains risk for the deductible portion of its insurance policies. The amount of these deductibles is considered immaterial to the financial statements. During the year ended December 31, 2011, these were no significant reductions in insurance coverage from the prior year. Settled claims have not exceeded the City's commercial coverage in any of the past three years. Note 12—Contingencies The City has been named in various legal actions. At the present time, there is no significant litigation pending that would cause a material effect on the financial statements if unfavorable rulings would result. While it is not possible to provide any probability of success or estimate of potential loss in defending any of these legal actions, the City expects to contest the allegations vigorously and does not believe these actions will have a material effect on the financial statements. A potential claim may be asserted against the City arising out of its membership in the Western Area Firing Training Academy (WAFTA). WAFTA is a joint powers entity consisting of 11 member cities that was formed in 1974 to purchase property to be used and operated as a fire training facility. In the late 1980's, WAFTA became aware that the site was contaminated. Since that time, WAFTA has been working with the Minnesota Pollution Control Agency(MPCA) and other responsible parties to address the contamination issues on the site. At this time, there is not an estimated dollar amount of the cost to remediate the site nor has a claim been asserted against WAFTA or the City. Note 13—Contract Commitments At December 31,2011,the City had commitments on various construction projects. These commitments totaled approximately$ 179,151. 90 City of Eden Prairie, Minnesota Notes to Financial Statements Note 14—Conduit Debt Obligations From time to time, the City has issued Industrial Revenue and Housing bonds to provide financial assistance to private-sector entities for the acquisition and construction of industrial and commercial facilities deemed to be in the public interest. The bonds are secured by the property financed and are payable solely from payments received on the underlying mortgage loans. Upon repayment of the bonds, ownership of the acquired facilities transfers to the private-sector entity served by the bond issuance. Neither the City, the State, nor any political subdivision thereof is obligated in any manner for repayment of the bonds. Accordingly, the bonds are not reported as liabilities in the accompanying financial statements. As of December 31, 2011, there were 40 series of Industrial Revenue Bonds outstanding,with outstanding balances of$162,065,101. Note 15—Subsequent Events On February 21, 2012 the City issued General Obligation Crossover Refunding Bonds Series 2012A for $5,110,000. These bonds refinanced the General Obligation Bonds Series 2005C which were issued to finance park improvements. The refunding reduced total debt payments by $651,406 and resulted in an economic gain of $551,320. The proceeds of the crossover refunding were placed in an irrevocable escrow account and were used to purchase U.S. government securities. The escrow account investments will provide the resources to cover principal and interest payments on the refunding bonds until the crossover date. The refunding bonds cross over on the dates the refunded bonds are callable. Until the crossover dates,both the refunding and refunding bonds will be reported in the financial statements. On February 21, 2012 the City issued General Obligation Capital Improvement Plan Crossover Refunding Bonds Series 2012B for $3,170,000. These bonds refinanced the General Obligation Bonds Series 2006B which were issued to finance Fire Station#4. The refunding reduced total debt payments by $304,967 and resulted in an economic gain of$255,092. The proceeds of the crossover refunding were placed in an irrevocable escrow account and were used to purchase U.S. government securities. The escrow account investments will provide the resources to cover principal and interest payments on the refunding bonds until the crossover date. The refunding bonds cross over on the dates the refunded bonds are callable. Until the crossover dates,both the refunding and refunding bonds will be reported in the financial statements. On February 21, 2012 the City authorized the financing of 98 sets of protective equipment and cleaning service through a five year lease with an interest rate of 2.56%. Payments are made yearly in April. 91 City of Eden Prairie, Minnesota Notes to Financial Statements Note 16—Fund Balance Classification At December 31,2011, a summary of the governmental fund balance classifications are as follows: General General Obligation Obligation Innprov. Innprov. Capital Public Flying Other Revolving Bonds Improvement Improvement Cloud Govt General 2005B 2003D Maintenance Construction Drive Funds Total Nonspendable: Prepaid items $ 18,266 $ - $ - $ - $ - $ - $ 10,452 $ 28,718 Land held for resale - - - - - - 801,699 801,699 Total Nonspendable 18,266 - - 812,151 830,417 Restricted for: Debt service - 2,056,160 - - - - 8,424,405 10,480,565 Special assessments - - - - - 371,559 55,996 427,555 BRA - - - - - - 858 858 Cemetary - - - - - - 140,348 140,348 Recycling - - - - - - 13,285 13,285 Law enforcement - - - - - - 170,068 170,068 E-911 - - - - - - 198,441 198,441 Park dedication fees - - - - - - 349,335 349,335 Tax increment - - - - - - 2,628,596 2,628,596 Parks referendum - - - - - - 852,648 852,648 2,056,160 - - 371,559 12,833,980 15,261,699 Assigned to: Capital projects - - - 8,308,669 - - 471,997 8,780,666 Improvement projects - - - - - 32,174 9,138,246 9,170,420 Total Assigned - _ - - 8,308,669 - 32,174 9,610,243 17,951,086 Unassigned: Budget stabilization 5,751,776 - - - - - - 5,751,776 Working capital 15,252,553 - - - - - - 15,252,553 Encumbrances 157,794 - (472,650) - (2,965,129) - (249,806) (3,529,791) Total Unassigned 21,162,123 - (472,650) - (2,965,129) - (249,806) 17,474,538 Note 17—Change in Accounting Principle GASB Statement 54 "Fund Balance Reporting and Governmental Fund Type Definitions" enhances the usefulness of fund balance information by providing clearer fund balance classifications that can be more consistently applied and by clarifying the existing governmental fund type definitions. Changes to the government fund type fund balance reporting is reflected in the financial statements and schedules and related disclosures are included in Note 1 and Note 16. The implementation of GASB Statement 54 resulted in the reclassification of fund balances on the governmental fund statement to correspond with the new fund naming structure required by this statement. In addition certain funds were restated on the City's financial statements. Due to this statement, some funds previously classified as Special Revenue funds were reclassified as Capital Project funds. 92 City of Eden Prairie, Minnesota Notes to Financial Statements Note 18—Prior Period Adjustment Prior period adjustments were made to correct capital asset balances for distribution lines. The City will measure the distribution lines based on GIS instead of As-builts. The effect of the adjustment increased capital assets and net assets by$7,216,121. 93 City of Eden Prairie, Minnesota Required Supplemental Information Modified Approach for Infrastructure Assets Condition Rating of the City's Street System Average PCI 2010 81.10% 2007 81.30% 2004 80.40% 2001 80.50% 1998 84.90% Comparison of Needed-to-Actual Maintenance/Preservation 2011 2010 2009 2008 2007 Budget $ 2,304,079 $ 2,280,000 $ 2,190,000 $ 2,080,000 $ 1,795,000 Actual 1,711,894 1,960,670 2,187,455 1,581,724 1,312,279 Difference $ (592,185) $ (319,330) $ (2,545) $ (498,276) $ (482,721) The condition of road pavement is measured using Good Pointe's Icon pavement management system. Each of the pavements in the City of Eden Prairie was visually inspected using the Paver-based Pavement Condition Index (PCI) methodology. The methodology is based on a numeric rating system ranging from 100 for a newly surfaced pavement to 0 for a failed pavement. The condition index is used to classify roads in excellent condition (85-100), very good condition (70-84), good condition (55-69), fair condition (40-54), poor condition (25-39), very poor condition (10-24) and failed condition (0-9). It is the City's policy to maintain an average PCI of 60 percent. 94 City of Eden Prairie, Minnesota Required Supplemental Information Other Post-Employment Benefits Plan Schedule of Funding Progress Unfunded Unfunded Actuarial Actuarial Actuarial Actuarial Liability Fiscal Valuation Accrued Value of Accrued Funded Covered as a % of Year Ended Date Liability Plan Assets Liability Ratio Payroll Payroll 12/31/08 1/1/08 $ 1,781,809 $ - $ 1,781,809 0.0% $ 16,945,552 10.5% 12/31/09 1/1/08 1,781,809 - 1,781,809 0.0% 16,945,552 10.5% 12/31/10 1/1/10 2,438,910 - 2,438,910 0.0% 17,127,274 14.2% 12/31/11 1/1/10 2,438,910 - 2,438,910 0.0% 17,127,274 14.2% 95 Combining & Individual Fund Statements & Schedules City of Eden Prairie, Minnesota Nonmajor Governmental Funds Special Revenue Funds Special revenue funds are used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditures for specified purposes other than debt service or capital projects. Housing Redevelopment Authority(HRA Grant) - This fund accounts for monies received under Title I of the Housing and Community Development Act of 1974 and other related housing activities. Pleasant Hills Cemetery - This fund accounts for the current operations of the City cemetery including maintenance costs and lot sales. Heritage Preservation Grant - This fund was established to account for a federal grant awarded to the City by the Minnesota Historical Society. The grant award is restricted to expenditure on evaluation and survey work on historic and prehistoric sites within Eden Prairie. Recycling - This fund accounts for monies received from Hennepin County's household waste rebate programs. All dollars received are to be refunded to eligible households within Eden Prairie. Fire Fighters - This fund accounts for donations and other collections to be used for Fire Department activities. 97 City of Eden Prairie, Minnesota Nonmajor Governmental Funds Debt Service Funds Debt service funds are used to account for all financial resources that are restricted, committed, or assigned to expenditures for principal and interest. HRA Lease Revenue 2002 - This fund accounts for the refunding of the HRA Lease Revenue Bonds of 1992 (Rink Addition) and the HRA Lease Revenue Bonds of 1993 (City Center). General Obligation Park Refunding 2003 - This fund accounts for the refunding of the G.O. Park Bonds which accounted for the accumulation of tax revenues needed to repay bonds issued to finance major park development and park improvement projects within the City. Open Space Refunding 2003 - This fund accounts for the refunding of the 1994 G.O. Open Space Bonds which accounted for the accumulation of tax revenues needed to repay bonds issued to finance the acquisition of land for the City's preservation program. General Obligation Improvement Revolving 2005A - This fund is used to account for the accumulation of tax revenues needed to repay bonds issued to pay the construction projects for the ADC project. General Obligation Bonds 2005C - This fund is used to account for the accumulation of tax revenues needed to repay bonds issued to pay the construction projects for various trails, park improvements and the community center. General Obligation Bonds 2006A - This fund is used to account for the accumulation of tax revenues needed to repay bonds issued to pay the construction projects for various trails, park improvements and the community center. General Obligation Bonds 2006B - This fund is used to account for the accumulation of tax revenues needed to repay bonds issued to pay the construction projects for the new Fire station. General Obligation Bonds 2006C - This fund is used to account for the accumulation of tax revenues needed to repay bonds issued to finance various fire vehicles and upgrades to the communications control room. 98 City of Eden Prairie, Minnesota Nonmajor Governmental Funds Debt Service Funds (Continued) 3rd Rink Lease Revenue Bonds 2007A - This fund is used to account for the accumulation of tax revenues needed to repay bonds issued to pay the construction projects for the 3rd Sheet of Ice at the community center. Capital Equipment Notes 2008A - This fund is used to account for the accumulation of tax revenues needed to repay certificates issued to finance the 20/40/15 project, regional radio conversion project and two fire trucks. General Obligation Bonds 2008B - This fund is used to account for the accumulation of resources needed to repay bonds issued to finance the construction of streets, lateral utilities, and drainage for the Flying Cloud Drive construction project. The primary sources of repayment on these bonds are special assessments levied on benefited properties. Capital Equipment Notes 2009B - This fund is used to account for the accumulation of tax revenues needed to repay certificates issued to finance the 20/40/15 project and the regional radio conversion project. CIP Refunding Bonds 2009C - This fund accounts for the refunding of the HRA Lease Revenue Facility Bonds for the Fire Station. General Obligation Improvement Bonds 2010A - This fund is used to account for the accumulation of tax revenues needed to repay bonds issued to pay the construction costs for the Singletree Lane project. General Obligation Improvement Bonds 2011B - This fund is used to account for the accumulation of tax revenues needed to repay bonds issued to finance the Self Contained Breathing Apparatus Gear for the fire department. General Obligation Refunding 2011C - This fund accounts for the refunding of the G.O. Park Referendum Bonds which accounted for the accumulation of tax revenues needed to repay bonds issued to finance construction projects for various trails,park improvements and the community center. General Obligation Refunding 2011D - This fund accounts for the refunding of the G.O. Improvement Revolving Bonds which accounted for the accumulation of tax revenues needed to repay bonds issued to finance the construction at 212 and Charleston Road. 99 City of Eden Prairie, Minnesota Nonmajor Governmental Funds Capital Projects Funds Capital projects funds are used to account for all financial resources that are restricted, committed, or assigned to expenditures for capital outlay. Police - This fund accounts for all confiscated money, and / or property obtained through drug-related criminal arrests and compliance fines. The funds are earmarked for expenditures on law enforcement operations. E-911 - This fund accounts for monies received from the State of Minnesota to be used for the E-911 emergency system. Senior Board- This fund was established to account for monies received for Senior Awareness Week. Park Improvement - This fund accounts for the park dedication fees, grants, and other contributions earmarked for expenditure on park acquisition and development. CIP Trails - This fund accounts for the accumulation of resources to be used for capital improvements and maintenance of City trails. CIP Pavement Management - This fund accounts for the accumulation of resources to be used for capital improvements and maintenance of City streets. Economic Development - This fund accounts for money set aside to assist in the redevelopment of the City. Project - This fund accounts for tax increment revenue set aside to assist in the redevelopment of the City. Parks Referendum - This fund accounts for the construction projects at the various city parks which were approved with the park referendum. Trails Referendum - This fund accounts for the construction projects on the various city trails which were approved with the park referendum. Sprint / Nextel - This fund accounts for contributions from Sprint for the transition of the City's radio system. HRA - This fund accounts for the accumulation of resources to be used for economic development projects. 100 City of Eden Prairie, Minnesota Nonmajor Governmental Funds Capital Projects Funds (Continued) Transportation - This fund accounts for proceeds of state aid. This revenue is used to finance street improvements. Shady Oak Road North - This fund accounts for the accumulation of resources to be used for the reconstruction of Shady Oak Road from Rowland Road through Highway 62 interchange. Shady Oak Road South - This fund accounts for the accumulation of resources to be used for the reconstruction of Shady Oak Road from Flying Cloud Drive to Rowland Road. io1 City of Eden Prairie, Minnesota Nonmajor Governmental Funds Permanent Funds Permanent funds are used to account for resources that are restricted to the extent that only earnings, and not principal, may be used for purposes that support the City's programs that is, for the benefit of the City or its citizens. Historical and Cultural - This fund was established to account for estate monies willed to the City for preservation and maintenance of the Cummins-Grill House. The fund also accumulates revenue from the sale of a book on Eden Prairie's 100-year history. The book was donated to the City by the Eden Prairie Historical Society, with revenues earmarked for expenditure on the preservation of the history of Eden Prairie. Cemetery Perpetual Care - This fund was established to account for funds dedicated for cemetery maintenance in accordance with state statutes. 102 CITY OF EDEN PRAIRIE,MINNESOTA COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS DECEMBER 31,2011 Page 1 of 8 Special Revenue Pleasant Heritage HRA Hills Preservation Fire Grant Cemetery Grant Recycling Fighters Total ASSETS Cash and investments $ - $ 6,707 $ - $ 15,248 $ - $ 21,955 Receivables: Interest - 23 - - - 23 Due from other governments 124,345 - - - - 124,345 Unremitted taxes - - - - - - Deferred special assessments - - - - - - Due from other funds - - - - - - Prepaid items 130 - - - - 130 Land Held for Resale - - - - - - Cash and investments with escrow agent - - - - - - Total assets $ 124,475 $ 6,730 $ - $ 15,248 $ - $ 146,453 LIABILITIES AND FUND BALANCE Liabilities: Accounts and contracts payable $ 81,379 $ 361 $ - $ 1,963 $ - $ 83,703 Salaries payable 704 - - - - 704 Interest payable - - - - - - Due to other governments - - - - - - Due to other funds 41,404 - - - - 41,404 Unearned revenue - - - - - - Deferred revenue - - - - -Total liabilities 123,487 361 - 1,963 - 125,811 Fund balances: Nonspendable 130 - - - - 130 Restricted 858 6,369 - 13,285 - 20,512 Assigned - - - - - - Unassigned - - - - - - Total fund balances 988 6,369 - 13,285 - 20,642 Total liabilities and fund balance $ 124,475 $ 6,730 $ - $ 15,248 $ - $ 146,453 103 CITY OF EDEN PRAIRIE,MINNESOTA COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS DECEMBER 31,2011 Page 2 of 8 Debt Service General General HRA Obligation Open Obligation General General Lease Park Space Improv. Obligation Obligation Revenue Refunding Refunding Revolving Bonds Bonds 2002 2003 2003 2005A 2005C 2006A ASSETS Cash and investments $ 1,266,581 $ 270,608 $ 160,677 $ 3,933 $ 292,500 $ 366,882 Receivables: Interest 3,396 45 113 125 475 917 Due from other governments - - - - - - Unremitted taxes - 1,106 509 234 543 2,090 Deferred special assessments - - - 676,143 - - Due from other funds - - - - - 495,534 Prepaid items - - - - 400 - Land Held for Resale - - - - - - Cash and investments with escrow agent - - - - - 4,287,132 Total assets $ 1,269,977 $ 271,759 $ 161,299 $ 680,435 $ 293,918 $ 5,152,555 LIABILITIES AND FUND BALANCE Liabilities: Accounts and contracts payable $ - $ - $ - $ - $ - $ - Salaries payable - - - - - - Interest payable - - - - - - Due to other governments - - - - - - Due to other funds - - - - - - Unearned revenue - - - - - - Deferred revenue - - - 676,143 -Total liabilities - - - 676,143 - - Fund balances: Nonspendable - - - - 400 - Restricted 1,269,977 271,759 161,299 4,292 293,518 5,152,555 Assigned - - - - - - Unassigned - - - - - - Total fund balances 1,269,977 271,759 161,299 4,292 293,918 5,152,555 Total liabilities and fund balance $ 1,269,977 $ 271,759 $ 161,299 $ 680,435 $ 293,918 $ 5,152,555 104 CITY OF EDEN PRAIRIE,MINNESOTA COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS DECEMBER 31,2011 Page 3 of 8 Debt Service 3rd Rink General General Lease Capital General Capital Obligation Obligation Revenue Equip Obligation Equip Bonds Bonds Bonds Notes Bonds Notes 2006B 2006C 2007A 2008A 2008B 2009B ASSETS Cash and investments $ 368,868 $ 275,582 $ 665 $ - $ 765 $ 135,081 Receivables: Interest 419 317 249 - - 408 Due from other governments - - - - - - Unremitted taxes 763 548 - 847 - 713 Deferred special assessments - - - - - - Due from other funds - - - - - - Prepaid items - - - - - - Land Held for Resale - - - - - - Cash and investments with escrow agent - - 97,185 - - - Total assets $ 370,050 $ 276,447 $ 98,099 $ 847 $ 765 $ 136,202 LIABILITIES AND FUND BALANCE Liabilities: Accounts and contracts payable $ - $ - $ - $ - $ - $ - Salaries payable - - - - - - Interest payable - - - 238 45 - Due to other governments - - - - - - Due to other funds - - - 24,231 - - Unearned revenue - - - - - - Deferred revenue - - - - -Total liabilities - - - 24,469 45 - Fund balances: Nonspendable - - - - - - Restricted 370,050 276,447 98,099 - 720 136,202 Assigned - - - - - - Unassigned - - - (23,622) - - Total fund balances 370,050 276,447 98,099 (23,622) 720 136,202 Total liabilities and fund balance $ 370,050 $ 276,447 $ 98,099 $ 847 $ 765 $ 136,202 105 CITY OF EDEN PRAIRIE,MINNESOTA COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS DECEMBER 31,2011 Page 4 of 8 Debt Service General General General CIP Obligation General Obligation Obligation Refunding Improvement Obligation Refunding Refunding Bonds Bonds Bonds Bonds Bonds 2009C 2010A 2011B 2011C 2011D Total ASSETS Cash and investments $ 115,558 $ 31,239 $ 20,590 $ - $ - $ 3,309,529 Receivables: Interest 419 68 45 - - 6,996 Due from other governments - - - - - - Unremitted taxes 679 - - - - 8,032 Deferred special assessments - 1,056,616 - - - 1,732,759 Due from other funds - - - - - 495,534 Prepaid items - - - - - 400 Land Held for Resale - - - - - - Cash and investments with escrow agent - - - 141,214 79,675 4,605,206 Total assets $ 116,656 $ 1,087,923 $ 20,635 $ 141,214 $ 79,675 $ 10,158,456 LIABILITIES AND FUND BALANCE Liabilities: Accounts and contracts payable $ - $ - $ - $ - $ - $ - Salaries payable - - - - - - Interest payable - - - - - 283 Due to other governments - - - - - - Due to other funds - - - - - 24,231 Unearned revenue - - - - - - Deferred revenue - 1,056,616 - - - 1,732,759 Total liabilities - 1,056,616 - - - 1,757,273 Fund balances: Nonspendable - - - - - 400 Restricted 116,656 31,307 20,635 141,214 79,675 8,424,405 Assigned - - - - - - Unassigned - - - - - (23,622) Total fund balances 116,656 31,307 20,635 141,214 79,675 8,401,183 Total liabilities and fund balance $ 116,656 $ 1,087,923 $ 20,635 $ 141,214 $ 79,675 $ 10,158,456 106 CITY OF EDEN PRAIRIE,MINNESOTA COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS DECEMBER 31,2011 Page 5 of 8 Capital Projects Senior Park CIP Police E-911 Board Improvement Trails ASSETS Cash and investments $ 219,358 $ 290,920 $ 11,627 $ 2,385,544 $ - Receivables: Interest 522 679 34 5,286 521 Due from other governments - 13,268 - - - Unremitted taxes - - - - - Deferred special assessments - - - - 225,000 Due from other funds - - - - - Prepaid items - 9,922 - - - Land Held for Resale - - - - - Cash and investments with escrow agent - - - - - Total assets $ 219,880 $ 314,789 $ 11,661 $ 2,390,830 $ 225,521 LIABILITIES AND FUND BALANCE Liabilities: Accounts and contracts payable $ 7,567 $ 18,908 $ 67 $ 1,593 $ - Salaries payable 1,594 - - - - Interest payable - - - - - Due to other governments - 12,691 - - - Due to other funds - - - - 17,227 Unearned revenue - - - 331,036 - Deferred revenue - - - - 225,000 Total liabilities 9,161 31,599 67 332,629 242,227 Fund balances: Nonspendable - 9,922 - - - Restricted 170,068 198,441 - 349,335 - Assigned 40,651 74,827 11,594 1,708,866 - Unassigned - - - - (16,706) Total fund balances 210,719 283,190 11,594 2,058,201 (16,706) Total liabilities and fund balance $ 219,880 $ 314,789 $ 11,661 $ 2,390,830 $ 225,521 107 CITY OF EDEN PRAIRIE,MINNESOTA COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS DECEMBER 31,2011 Page 6 of 8 Capital Projects CIP Economic Pavement Development Project Parks Trails Management Fund Fund Referendum Referendum ASSETS Cash and investments $ 1,848,545 $ 3,866,928 $ 3,976,673 $ 793,824 $ 133,476 Receivables: Interest 6,418 9,022 9,893 - - Due from other governments - - - - - Unremitted taxes - - - - - Deferred special assessments - - - - - Due from other funds - - 268,109 - - Prepaid items - - - - - Land Held for Resale - 801,699 - - - Cash and investments with escrow agent - - - - - Total assets $ 1,854,963 $ 4,677,649 $ 4,254,675 $ 793,824 $ 133,476 LIABILITIES AND FUND BALANCE Liabilities: Accounts and contracts payable $ - $ 3,200 $ 188 $ 59,779 $ 14,873 Salaries payable - - - - - Interest payable - - - - - Due to other governments - - 134,076 - - Due to other funds - - - - - Unearned revenue - - - - - Deferred revenue - - - -Total liabilities - 3,200 134,264 59,779 14,873 Fund balances: Nonspendable - 801,699 - - - Restricted - - 2,628,596 734,045 118,603 Assigned 1,854,963 3,872,750 1,491,815 - - Unassigned - - - - - Total fund balances 1,854,963 4,674,449 4,120,411 734,045 118,603 Total liabilities and fund balance $ 1,854,963 $ 4,677,649 $ 4,254,675 $ 793,824 $ 133,476 108 CITY OF EDEN PRAIRIE,MINNESOTA COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS DECEMBER 31,2011 Page 7 of 8 Capital Projects Shady Oak Shady Oak Sprint/ Road Road Nextel HRA Transportation North South Total ASSETS Cash and investments $ - $ 221,680 $ 265,146 $ - $ - $ 14,013,721 Receivables: Interest - 374 702 - - 33,451 Due from other governments - - - - - 13,268 Unremitted taxes - 752 - - - 752 Deferred special assessments - - 142,894 - - 367,894 Due from other funds - - - - - 268,109 Prepaid items - - - - - 9,922 Land Held for Resale - - - - - 801,699 Cash and investments with escrow agent - - - - - - Total assets $ - $ 222,806 $ 408,742 $ - $ - $ 15,508,816 LIABILITIES AND FUND BALANCE Liabilities: Accounts and contracts payable $ - $ - $ - $ - $ - $ 106,175 Salaries payable - 4,423 - - - 6,017 Interest payable - - - - - - Due to other governments - - - - - 146,767 Due to other funds 46,590 - - 159,276 3,612 226,705 Unearned revenue - - - - - 331,036 Deferred revenue - - 142,894 - - 367,894 Total liabilities 46,590 4,423 142,894 159,276 3,612 1,184,594 Fund balances: Nonspendable - - - - - 811,621 Restricted - - 55,996 - - 4,255,084 Assigned - 218,383 209,852 - - 9,483,701 Unassigned (46,590) - - (159,276) (3,612) (226,184) Total fund balances (46,590) 218,383 265,848 (159,276) (3,612) 14,324,222 Total liabilities and fund balance $ - $ 222,806 $ 408,742 $ - $ - $ 15,508,816 109 CITY OF EDEN PRAIRIE,MINNESOTA COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS DECEMBER 31,2011 Page 8 of 8 Permanent Fund Cemetery Total Historical Perpetual Nonmajor and Care Governmental Cultural Fund Total Funds ASSETS Cash and investments $ 7,553 $ 252,345 $ 259,898 $ 17,605,103 Receivables: Interest 23 600 623 41,093 Due from other governments - - - 137,613 Unremitted taxes - - - 8,784 Deferred special assessments - - - 2,100,653 Due from other funds - - - 763,643 Prepaid items - - - 10,452 Land Held for Resale - - - 801,699 Cash and investments with escrow agent - - - 4,605,206 Total assets $ 7,576 $ 252,945 $ 260,521 $ 26,074,246 LIABILITIES AND FUND BALANCE Liabilities: Accounts and contracts payable $ - $ - $ - $ 189,878 Salaries payable - - - 6,721 Interest payable - - - 283 Due to other governments - - - 146,767 Due to other funds - - - 292,340 Unearned revenue - - - 331,036 Deferred revenue - - - 2,100,653 Total liabilities - - - 3,067,678 Fund balances: Nonspendable - - - 812,151 Restricted - 133,979 133,979 12,833,980 Assigned 7,576 118,966 126,542 9,610,243 Unassigned - - - (249,806) Total fund balances 7,576 252,945 260,521 23,006,568 Total liabilities and fund balance $ 7,576 $ 252,945 $ 260,521 $ 26,074,246 110 CITY OF EDEN PRAIRIE,MINNESOTA COMBINING STATEMENT OF REVENUES, EXPENDITURES,AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS Page 1 of 8 FOR THE YEAR ENDED DECEMBER 31,2011 Special Revenue Pleasant Heritage HRA Hills Preservation Fire Grant Cemetery Grant Recycling Fighters Total REVENUES General property taxes $ - $ - $ - $ - $ - $ - Special assessments - - - - - - Intergovernmental revenue Other grants 422,102 - - 154,302 - 576,404 Fines and forfeits - - - - - - Investment income - 59 - - 118 177 Other revenue Fees - 7,250 - - - 7,250 Contributions and donations - - - - - - Miscellaneous - - - - - - Total revenues 422,102 7,309 - 154,302 118 583,831 EXPENDITURES Current: General government 424,054 - - - - 424,054 Public safety - - - - - - Public works - - - 151,856 - 151,856 Parks and recreation - 9,926 - - - 9,926 Interest on interfund borrowing - - - 323 - 323 Capital outlay: Public safety - - - - - - Public works - - - - - - Parks and recreation - - - - - - Debt service: Principal - - - - - - Interest - - - - - - Bond issuance cost - - - - - - Fiscal agent fees - - - - - - Total expenditures 424,054 9,926 - 152,179 - 586,159 Excess of revenues over(under)expenditures (1,952) (2,617) - 2,123 118 (2,328) Other financing sources(uses): Issuance of debt - - - - - - Issuance of refunding bonds - - - - - - Premiums - - - - - - Transfers in - - - - - - Transfers out - - (5,193) - (16,883) (22,076) Total other financing sources(uses) - - (5,193) - (16,883) (22,076) Net change in fund balances (1,952) (2,617) (5,193) 2,123 (16,765) (24,404) Fund balances(deficit)-January 1 2,940 8,986 5,193 11,162 16,765 45,046 Fund balances(deficit)-December 31 $ 988 $ 6,369 $ - $ 13,285 $ - $ 20,642 111 CITY OF EDEN PRAIRIE,MINNESOTA COMBINING STATEMENT OF REVENUES, EXPENDITURES,AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS Page 2 of 8 FOR THE YEAR ENDED DECEMBER 31,2011 Debt Service General General HRA Obligation Open Obligation General General Lease Park Space Improv. Obligation Obligation Revenue Refunding Refunding Revolving Bonds Bonds 2002 2003 2003 2005A 2005C 2006A REVENUES General property taxes $ - $ 431,501 $ 198,391 $ 106,118 $ 211,586 $ 815,088 Special assessments - - - 200,732 - - Intergovernmental revenue Other grants - - - - - - Fines and forfeits - - - - - - Investment income 1,935 248 296 487 1,212 2,529 Other revenue Fees - - - - - - Contributions and donations - - - - - - Miscellaneous - - - - - - Total revenues 1,935 431,749 198,687 307,337 212,798 817,617 EXPENDITURES Current: General government - - - - - - Public safety - - - - - - Public works - - - - - - Parks and recreation - - - - - - Interest on interfund borrowing - - - - - - Capital outlay: Public safety - - - - - - Public works - - - - - - Parks and recreation - - - - - - Debt service: Principal 1,050,000 390,000 165,000 245,000 - 525,000 Interest 48,975 19,248 23,728 45,815 203,145 253,963 Bond issuance cost - - - - - 53,535 Fiscal agent fees - 431 431 350 400 400 Total expenditures 1,098,975 409,679 189,159 291,165 203,545 832,898 Excess of revenues over(under)expenditures (1,097,040) 22,070 9,528 16,172 9,253 (15,281) Other financing sources(uses): Issuance of debt - - - - - - Issuance of refunding bonds - - - - - 4,313,786 Premiums - - - - - 26,880 Transfers in 219,000 - - - - - Transfers out - - - - - - Total other financing sources(uses) 219,000 - - - - 4,340,666 Net change in fund balances (878,040) 22,070 9,528 16,172 9,253 4,325,385 Fund balances(deficit)-January 1 2,148,017 249,689 151,771 (11,880) 284,665 827,170 Fund balances(deficit)-December 31 $ 1,269,977 $ 271,759 $ 161,299 $ 4,292 $ 293,918 $ 5,152,555 112 CITY OF EDEN PRAIRIE,MINNESOTA COMBINING STATEMENT OF REVENUES, EXPENDITURES,AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS Page 3 of 8 FOR THE YEAR ENDED DECEMBER 31,2011 Debt Service 3rd Rink General General Lease Capital General Capital Obligation Obligation Revenue Equip Obligation Equip Bonds Bonds Bonds Notes Bonds Notes 2006B 2006C 2007A 2008A 2008B 2009B REVENUES General property taxes $ 345,613 $ 248,257 $ - $ 383,582 $ - $ 322,953 Special assessments - - - - - - Intergovernmental revenue Other grants - - - - - - Fines and forfeits - - - - -Investment income 1,128 829 620 - - 807 Other revenue Fees - - - - - - Contributions and donations - - - - - - Miscellaneous - - - - - - Total revenues 346,741 249,086 620 383,582 - 323,760 EXPENDITURES Current: General government - - - - - - Public safety - - - - - - Public works - - - - - - Parks and recreation - - - - - - Interest on interfund borrowing - - - 524 119 - Capital outlay: Public safety - - - - - - Public works - - - - - - Parks and recreation - - - - - - Debt service: Principal 160,000 225,000 60,000 285,000 105,000 230,000 Interest 167,970 14,769 65,450 88,193 68,785 65,550 Bond issuance cost - - - - - - Fiscal agent fees 400 375 2,150 400 400 400 Total expenditures 328,370 240,144 127,600 374,117 174,304 295,950 Excess of revenues over(under)expenditures 18,371 8,942 (126,980) 9,465 (174,304) 27,810 Other financing sources(uses): Issuance of debt - - - - - - Issuance of refunding bonds - - - - - - Premiums - - - - - - Transfers in - - 130,000 - 175,000 - Transfers out - - - - - - Totalotherfinancingsources(uses) - - 130,000 - 175,000 - Net change in fund balances 18,371 8,942 3,020 9,465 696 27,810 Fund balances(deficit)-January 1 351,679 267,505 95,079 (33,087) 24 108,392 Fund balances(deficit)-December 31 $ 370,050 $ 276,447 $ 98,099 $ (23,622)$ 720 $ 136,202 113 CITY OF EDEN PRAIRIE,MINNESOTA COMBINING STATEMENT OF REVENUES, EXPENDITURES,AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS Page 4 of 8 FOR THE YEAR ENDED DECEMBER 31,2011 Debt Service General General General CIP Obligation General Obligation Obligation Refunding Improvement Obligation Refunding Refunding Bonds Bonds Bonds Bonds Bonds 2009C 2010A 2011B 2011C 2011D Total REVENUES General property taxes $ 307,644 $ - $ - $ - $ - $ 3,370,733 Special assessments - 144,821 - - - 345,553 Intergovernmental revenue Other grants - - - - - - Fines and forfeits - - - - -Investment income 1,064 371 247 - - 11,773 Other revenue Fees - - - - - - Contributions and donations - - - - - - Miscellaneous - - - - - - Total revenues 308,708 145,192 247 - - 3,728,059 EXPENDITURES Current: General government - - - - - - Public safety - - - - - - Public works - - - - - - Parks and recreation - - - - - - Interest on interfund borrowing - - - - - 643 Capital outlay: Public safety - - - - - - Public works - - - - - - Parks and recreation - - - - - - Debt service: Principal 270,000 65,000 - - - 3,775,000 Interest 31,125 37,935 7,625 - - 1,142,276 Bond issuance cost - 6,200 (191) - - 59,544 Fiscal agent fees 400 400 58 - - 6,995 Total expenditures 301,525 109,535 7,492 - - 4,984,458 Excess of revenues over(under)expenditures 7,183 35,657 (7,245) - - (1,256,399) Other financing sources(uses): Issuance of debt - - 27,880 - - 27,880 Issuance of refunding bonds - - - 141,214 79,675 4,534,675 Premiums - - - - - 26,880 Transfers in - - - - - 524,000 Transfers out - - - - - - Total other financing sources(uses) - - 27,880 141,214 79,675 5,113,435 Net change in fund balances 7,183 35,657 20,635 141,214 79,675 3,857,036 Fund balances(deficit)-January 1 109,473 (4,350) - - - 4,544,147 Fund balances(deficit)-December 31 $ 116,656 S 31,307 $ 20,635 S 141,214 $ 79,675 $ 8,401,183 114 CITY OF EDEN PRAIRIE,MINNESOTA COMBINING STATEMENT OF REVENUES, EXPENDITURES,AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS Page 5 of 8 FOR THE YEAR ENDED DECEMBER 31,2011 Capital Projects Senior Park CIP Police E-911 Board Improvement Trails REVENUES General property taxes $ - $ - $ - $ - $ - Special assessments - - - - - Intergovernmental revenue Other grants - 79,605 - 85,382 - Fines and forfeits 2,650 - - - - Investment income 1,264 1,776 55 13,729 1,362 Other revenue Fees - - - 195,000 - Contributions and donations - - 6,130 24,051 75,000 Miscellaneous 22,804 - - - - Total revenues 26,718 81,381 6,185 318,162 76,362 EXPENDITURES Current: General government - - - - - Public safety 22,993 62,642 - - - Public works - - - - - Parks and recreation - - 6,713 - - Interest on interfund borrowing - - - - - Capital outlay: Public safety - 18,253 - - - Public works - - - - 336,679 Parks and recreation - - - 244,968 - Debt service: Principal - - - - - Interest - - - - - Bond issuance cost - - - - - Fiscal agent fees - - - - - Total expenditures 22,993 80,895 6,713 244,968 336,679 Excess of revenues over(under)expenditures 3,725 486 (528) 73,194 (260,317) Other financing sources(uses): Issuance of debt - - - - - Issuance of refunding bonds - - - - - Premiums - - - - - Transfers in - - - 30,000 220,000 Transfers out - - (2,095) - - Total other financing sources(uses) - - (2,095) 30,000 220,000 Net change in fund balances 3,725 486 (2,623) 103,194 (40,317) Fund balances(deficit)-January 1 206,994 282,704 14,217 1,955,007 23,611 Fund balances(deficit)-December 31 $ 210,719 $ 283,190 $ 11,594 $ 2,058,201 $ (16,706) 115 CITY OF EDEN PRAIRIE,MINNESOTA COMBINING STATEMENT OF REVENUES, EXPENDITURES,AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS Page 6 of 8 FOR THE YEAR ENDED DECEMBER 31,2011 Capital Projects CIP Economic Pavement Development Project Parks Trails Mgmt Fund Fund Referendum Referendum REVENUES General property taxes $ - $ - $ 3,139,080 $ - $ - Special assessments - - - - - Intergovernmental revenue Other grants - - - - - Fines and forfeits - - - -Investment income 17,336 20,107 29,268 254 48 Other revenue Fees - - - Contributions and donations - - - - - Miscellaneous - 60,958 - 18,691 - Total revenues 17,336 81,065 3,168,348 18,945 48 EXPENDITURES Current: General government - 12,429 2,696,988 - - Public safety - - - - - Public works - - - - - Parks and recreation - - - - - Interest on interfund borrowing - - - - - Capital outlay: Public safety - - - - - Public works 1,351,469 - - - 362,865 Parks and recreation - - - 1,349,617 - Debt service: Principal - - - - - Interest - - - - - Bond issuance cost - - - - - Fiscal agent fees - - - - - Total expenditures 1,351,469 12,429 2,696,988 1,349,617 362,865 Excess of revenues over(under)expenditures (1,334,133) 68,636 471,360 (1,330,672) (362,817) Other financing sources(uses): Issuance of debt - - - - - Issuance of refunding bonds - - - - - Premiums - - - - - Transfers in 1,662,090 2,509 - - - Transfers out - - (404,861) - - Total other financing sources(uses) 1,662,090 2,509 (404,861) - - Net change in fund balances 327,957 71,145 66,499 (1,330,672) (362,817) Fund balances(deficit)-January 1 1,527,006 4,603,304 4,053,912 2,064,717 481,420 Fund balances(deficit)-December 31 $ 1,854,963 $ 4,674,449 $ 4,120,411 $ 734,045 $ 118,603 116 CITY OF EDEN PRAIRIE,MINNESOTA COMBINING STATEMENT OF REVENUES, EXPENDITURES,AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS Page 7 of 8 FOR THE YEAR ENDED DECEMBER 31,2011 Capital Projects Shady Oak Shady Oak Sprint/ Road Road Nextel HRA Transportation North South Total REVENUES General property taxes $ - $ 194,944 $ - - $ - $ 3,334,024 Special assessments - - 50,374 - - 50,374 Intergovernmental revenue Other grants - - - - - 164,987 Fines and forfeits - - - - - 2,650 Investment income - 1,235 2,029 - - 88,463 Other revenue Fees - - - - - 195,000 Contributions and donations - - - 50,000 - 155,181 Miscellaneous - - - - - 102,453 Total revenues - 196,179 52,403 50,000 - 4,093,132 EXPENDITURES Current: General government - 157,352 - - - 2,866,769 Public safety - - - - - 85,635 Public works - - - - - - Parks and recreation - - - - - 6,713 Interest on interfund borrowing - - - - - - Capital outlay: Public safety - - - - - 18,253 Public works - - 71,003 209,276 3,612 2,334,904 Parks and recreation - - - - - 1,594,585 Debt service: Principal - - - - - - Interest - - - - - - Bond issuance cost - - - - - - Fiscal agent fees - - - - - - Total expenditures - 157,352 71,003 209,276 3,612 6,906,859 Excess of revenues over(under)expenditures - 38,827 (18,600) (159,276) (3,612) (2,813,727) Other financing sources(uses): Issuance of debt - - - - - - Issuance of refunding bonds - - - - - - Premiums - - - - - - Transfers in - - - - - 1,914,599 Transfers out - - - - - (406,956) Total other financing sources(uses) - - - - - 1,507,643 Net change in fund balances - 38,827 (18,600) (159,276) (3,612) (1,306,084) Fund balances(deficit)-January 1 (46,590) 179,556 284,448 - - 15,630,306 Fund balances(deficit)-December 31 $ (46,590)$ 218,383 $ 265,848 (159,276) $ (3,612) $ 14,324,222 117 CITY OF EDEN PRAIRIE,MINNESOTA COMBINING STATEMENT OF REVENUES, EXPENDITURES,AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS Page 8 of 8 FOR THE YEAR ENDED DECEMBER 31,2011 Permanent Fund Cemetery Total Historical Perpetual Nonmajor and Care Governmental Cultural Fund Total Funds REVENUES General property taxes $ - $ - $ - $ 6,704,757 Special assessments - - - 395,927 Intergovernmental revenue Other grants - - - 741,391 Fines and forfeits - - - 2,650 Investment income 59 1,310 1,369 101,782 Other revenue Fees 312 600 912 203,162 Contributions and donations - - - 155,181 Miscellaneous - - - 102,453 Total revenues 371 1,910 2,281 8,407,303 EXPENDITURES Current: General government - - - 3,290,823 Public safety - - - 85,635 Public works - - - 151,856 Parks and recreation - - - 16,639 Interest on interfund borrowing - - - 966 Capital outlay: Public safety - - - 18,253 Public works - - - 2,334,904 Parks and recreation - - - 1,594,585 Debt service: Principal - - - 3,775,000 Interest - - - 1,142,276 Bond issuance cost - - - 59,544 Fiscal agent fees - - - 6,995 Total expenditures - - - 12,477,476 Excess of revenues over(under)expenditures 371 1,910 2,281 (4,070,173) Other financing sources(uses): Issuance of debt - - - 27,880 Issuance of refunding bonds - - - 4,534,675 Premiums - - - 26,880 Transfers in - - - 2,438,599 Transfers out - - (429,032) Total other financing sources(uses) - - - 6,599,002 Net change in fund balances 371 1,910 2,281 2,528,829 Fund balances(deficit)-January 1 7,205 251,035 258,240 20,477,739 Fund balances(deficit)-December 31 $ 7,576 $ 252,945 $ 260,521 $ 23,006,568 118 City of Eden Prairie, Minnesota Internal Service Funds Internal Service Funds Internal service funds are used to account for the financing of goods or services provided by one department or agency to other departments or agencies of the government and to other government units,on a cost reimbursement basis. Health & Benefits - This fund accounts for the activities pertaining to health, dental, life and disability insurance. This fund also accounts for the employer's portion of pension, FICA and medicare contributions. Severance - This fund accounts for the payment of unused personal time off for governmental fund employees. Workers Compensation - This fund accounts for the costs associated with workers' compensation. Revenues are primarily charges to other funds, interest earnings and insurance checks. Expenditures will consist of insurance premiums. Property Insurance - This fund accounts for the costs associated with the City's property and casualty insurance program. Revenues are primarily charges to other funds and interest earnings. Expenditures will consist of insurance premiums. Facilities - This fund accounts for the costs associated with maintaining city owned buildings. Revenues are primarily charges to other funds and interest earnings. Fleet - These funds account for the costs associated with maintaining machinery and equipment for the City. Revenues are primarily charges to other funds and interest earnings. Information Technology - These funds account for the costs associated with maintaining and upgrading the network, computer infrastructure and communications service technologies that support the City's mission-critical operations. Revenues are primarily charges to other funds and interest earnings. 119 CITY OF EDEN PRAIRIE,MINNESOTA INTERNAL SERVICE FUNDS COMBINING STATEMENT OF NET ASSETS DECEMBER 31,2011 Health& Workers Property Benefits Severance Compensation Insurance ASSETS Current assets: Cash and investments $ 522,028 $ 1,716,343 $ 37,698 $ 135,015 Receivables: Accounts Receivable 15,654 - - - Interest 1,313 4,369 - 1,166 Due from other governments - - - - Inventory - - - - Prepaid items 278,673 - 79,276 63,518 Total current assets 817,668 1,720,712 116,974 199,699 Non-current assets: Capital assets Property,plant and equipment - - - - Less accumulated depreciation - - - - Total noncurrent assets - - - - Total assets $ 817,668 $ 1,720,712 $ 116,974 $ 199,699 LIABILITIES Current Liabilities: Accounts payable $ 96,449 $ - $ - $ - Salaries payable - 1,678 1,933 1,933 Interest payable - - 23 - Due to other governments 265,203 - - - Unearned Revenue - - - - Current portion of compensated absences - 862,927 - - Total current liabilities 361,652 864,605 1,956 1,933 Noncurrent liabilities: Net OPEB 599,220 - 1,820 1,820 Compensated absences - 862,926 - - Total noncurrent liabilities 599,220 862,926 1,820 1,820 Total liabilities 960,872 1,727,531 3,776 3,753 Net assets: Invested in capital assets - - - - Unrestricted (143,204) (6,819) 113,198 195,946 Total net assets (143,204) (6,819) 113,198 195,946 Total liabilities and net assets $ 817,668 $ 1,720,712 $ 116,974 $ 199,699 120 CITY OF EDEN PRAIRIE,MINNESOTA INTERNAL SERVICE FUNDS COMBINING STATEMENT OF NET ASSETS DECEMBER 31,2011 Information Facilities Fleet Technology Total ASSETS Current assets: Cash and investments $ 2,407,496 $ 1,846,705 $ 518,641 $ 7,183,926 Receivables: Accounts Receivable 987 2,048 - 18,689 Interest 6,473 3,769 894 17,984 Due from other governments - - 2,290 2,290 Inventory - 110,133 - 110,133 Prepaid items - - 25,009 446,476 Total current assets 2,414,956 1,962,655 546,834 7,779,498 Non-current assets: Capital assets Property,plant and equipment 1,455,885 - - 1,455,885 Less accumulated depreciation (55,640) - - (55,640) Total noncurrent assets 1,400,245 - - 1,400,245 Total assets $ 3,815,201 $ 1,962,655 $ 546,834 $ 9,179,743 LIABILITIES Current Liabilities: Accounts payable $ 281,022 $ 144,138 $ 40,341 $ 561,950 Salaries payable 24,041 14,896 20,029 64,510 Interest payable - - - 23 Due to other governments 358 911 889 267,361 Unearned Revenue 65,478 - - 65,478 Current portion of compensated absences - - - 862,927 Total current liabilities 370,899 159,945 61,259 1,822,249 Noncurrent liabilities: Net OPEB 22,963 20,817 13,918 660,558 Compensated absences - - - 862,926 Total noncurrent liabilities 22,963 20,817 13,918 1,523,484 Total liabilities 393,862 180,762 75,177 3,345,733 Net assets: Invested in capital assets 1,400,245 - - 1,400,245 Unrestricted 2,021,094 1,781,893 471,657 4,433,765 Total net assets 3,421,339 1,781,893 471,657 5,834,010 Total liabilities and net assets $ 3,815,201 $ 1,962,655 $ 546,834 $ 9,179,743 121 CITY OF EDEN PRAIRIE,MINNESOTA INTERNAL SERVICE FUNDS COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET ASSETS FOR THE YEAR ENDED DECEMBER 31,2011 Health& Workers Property Benefits Severance Compensation Insurance OPERATING REVENUE Charges for services $ 4,484,973 $ 28,050 $ 626,085 $ 521,732 Other revenue 4,998 - 37,695 123,531 Total operating revenues 4,489,971 28,050 663,780 645,263 OPERATING EXPENSE Cost of services Personal services 2,530,770 196,658 63,127 63,448 Chemicals and supplies - - 331 - Insurance 2,064,280 - 466,943 495,493 Contractual services 27,355 - 273 40 Repairs and maintenance - - - - Disposal charges - - - - Utilities - - - - Depreciation - - - - User charges - - - - Total operating expenses 4,622,405 196,658 530,674 558,981 Operating income(loss) (132,434) (168,608) 133,106 86,282 NONOPERATING REVENUE(EXPENSE) Investment income/(expense) 5,599 9,877 231 3,696 Gain(loss)on disposition of fixed assets - - - - Total nonoperating revenues(expenses) 5,599 9,877 231 3,696 Income(loss)before transfers (126,835) (158,731) 133,337 89,978 Transfer out - - - (450,000) Changes in net assets (126,835) (158,731) 133,337 (360,022) Total net assets,January 1 (16,369) 151,912 (20,139) 555,968 Total net assets,December 31 $ (143,204) $ (6,819) $ 113,198 $ 195,946 122 CITY OF EDEN PRAIRIE,MINNESOTA INTERNAL SERVICE FUNDS COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET ASSETS FOR THE YEAR ENDED DECEMBER 31,2011 Information Facilities Fleet Technology Total OPERATING REVENUE Charges for services $ 4,032,492 $ 2,289,476 $ 1,739,600 $ 13,722,408 Other revenue 1,102,562 33,200 11,035 1,313,021 Total operating revenues 5,135,054 2,322,676 1,750,635 15,035,429 OPERATING EXPENSE Cost of services Personal services 815,236 516,458 669,197 4,854,894 Chemicals and supplies 240,599 1,560,649 151,880 1,953,459 Insurance - - - 3,026,716 Contractual services 2,491,405 3,656 398,520 2,921,249 Repairs and maintenance 219,100 423,423 309,585 952,108 Disposal charges 48,232 4,545 - 52,777 Utilities 1,079,550 - 25,130 1,104,680 Depreciation 27,235 - - 27,235 User charges 16,030 19,284 3,404 38,718 Total operating expenses 4,937,387 2,528,015 1,557,716 14,931,836 Operating income(loss) 197,667 (205,339) 192,919 103,593 NONOPERATING REVENUE(EXPENSE) Investment income/(expense) 26,465 9,923 (1,796) 53,995 Gain(loss)on disposition of fixed assets - 121,916 - 121,916 Total nonoperating revenues(expenses) 26,465 131,839 (1,796) 175,911 Income(loss)before transfers 224,132 (73,500) 191,123 279,504 Transfer out - - (3,804) (453,804) Changes in net assets 224,132 (73,500) 187,319 (174,300) Total net assets,January 1 3,197,207 1,855,393 284,338 6,008,310 Total net assets,December 31 $ 3,421,339 $ 1,781,893 $ 471,657 $ 5,834,010 123 CITY OF EDEN PRAIRIE,MINNESOTA INTERNAL SERVICE FUNDS COMBINING STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31,2011 Health& Workers Property Benefits Severance Compensation Insurance CASH FLOWS FROM OPERATING ACTIVITIES: Receipts from customers $ 4,483,737 $ 28,050 $ 626,085 $ 521,732 Payments from other funds - 54,104 - - Payments to other funds - - (54,104) - Payments to vendors (2,377,424) - (509,497) (420,045) Payments to employees (2,383,335) (117,644) (62,589) (62,910) Other receipts 4,998 - 37,695 123,531 Net cash provided(used)by operating activities (272,024) (35,490) 37,590 162,308 CASH FLOWS FROM INVESTING ACTIVITIES: Investment income 4,935 11,254 108 3,629 Net cash provided(used)by investing activities 4,935 11,254 108 3,629 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES: Transfers(out) - - - (450,000) Net cash provided(used)by noncapital financing activities - - - (450,000) CASH FLOWS FROM CAPITAL FINANCING ACTIVITIES: Acquisition and construction of capital assets - - - - Proceeds from sale of equipment - - - - Net cash provided(used)by capital financing activities - - - - Net increase(decrease)in cash and cash equivalents (267,089) (24,236) 37,698 (284,063) Cash and cash equivalents,January 1 789,117 1,740,579 - 419,078 Cash and cash equivalents,December 31 $ 522,028 $ 1,716,343 $ 37,698 $ 135,015 124 CITY OF EDEN PRAIRIE,MINNESOTA INTERNAL SERVICE FUNDS COMBINING STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31,2011 Page 1 of 2 Information Facilities Fleet Technology Total CASH FLOWS FROM OPERATING ACTIVITIES: Receipts from customers $ 3,994,045 $ 2,289,554 $ 1,748,818 $ 13,692,021 Payments from other funds - - - 54,104 Payments to other funds - - - (54,104) Payments to vendors (4,136,662) (1,983,359) (903,398) (10,330,385) Payments to employees (807,393) (513,010) (669,938) (4,616,819) Other receipts 1,102,562 33,200 11,035 1,313,021 Net cash provided(used)by operating activities 152,552 (173,615) 186,517 57,838 CASH FLOWS FROM INVESTING ACTIVITIES: Investment income 23,658 10,537 (1,796) 52,325 Net cash provided(used)by investing activities 23,658 10,537 (1,796) 52,325 CASH FLOWS FROM NONCAPITAL FINANCING ACT. Transfers(out) - - (3,804) (453,804) Net cash provided(used)by noncapital financing activitie - - (3,804) (453,804) CASH FLOWS FROM CAPITAL FINANCING ACTIVITIES: Acquisition and construction of capital assets (606,528) - - (606,528) Proceeds from sale of equipment - 121,916 - 121,916 Net cash provided(used)by capital financing activities (606,528) 121,916 - (484,612) Net increase(decrease)in cash and cash equivalents (430,318) (41,162) 180,917 (828,253) Cash and cash equivalents,January 1 2,837,814 1,887,867 337,724 8,012,179 Cash and cash equivalents,December 31 $ 2,407,496 $ 1,846,705 $ 518,641 $ 7,183,926 125 CITY OF EDEN PRAIRIE,MINNESOTA INTERNAL SERVICE FUNDS COMBINING STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31,2011 Health& Workers Property Benefits Severance Compensation Insurance RECONCILIATION OF OPERATING INCOME (LOSS)TO NET CASH PROVIDED(USED) BY OPERATING ACTIVITIES: Operating income(loss) $ (132,434) $ (168,608) $ 133,106 $ 86,282 Adjustments to reconcile operating income(loss) to net cash provided(used)by operating activities: Depreciation - - - - (Increase)decrease in assets: Accounts receivable (1,236) - - - Due from other funds - 54,104 - - Due from other governments - - - - Inventory - - - - Prepaid items (278,673) - (4,160) 75,488 Increase(decrease)in liabilities: Accounts payable (4,986) - (37,790) - Salaries payable - 1,678 38 38 Unearned revenue - - - - Due to other governments (2,130) - - - Due to other funds - - (54,104) - Net other post employment benefits 147,435 - 500 500 Compensated absences - 77,336 - - Net Cash provided(used)by operating activities $ (272,024) $ (35,490) $ 37,590 $ 162,308 126 CITY OF EDEN PRAIRIE,MINNESOTA INTERNAL SERVICE FUNDS COMBINING STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31,2011 Page 2 of 2 Information Facilities Fleet Technology Total RECONCILIATION OF OPERATING INCOME (LOSS)TO NET CASH PROVIDED(USED) BY OPERATING ACTIVITIES: Operating income(loss) $ 197,667 $ (205,339) $ 192,919 $ 103,593 Adjustments to reconcile operating income(loss) to net cash provided(used)by operating activities: Depreciation 27,235 - - 27,235 (Increase)decrease in assets: Accounts receivable 779 78 9,218 8,839 Due from other funds - - - 54,104 Due from other governments - - (624) (624) Inventory - (19,162) - (19,162) Prepaid items - 1,500 (8,866) (214,711) Increase(decrease)in liabilities: Accounts payable (42,047) 45,315 (9,684) (49,192) Salaries payable 69 (2,161) (740) (1,078) Unearned revenue (39,226) - - (39,226) Due to other governments 301 545 4,294 3,010 Due to other funds - - - (54,104) Net other post employment benefits 7,774 5,609 - 161,818 Compensated absences - - - 77,336 Net Cash provided(used)by operating activities $ 152,552 $ (173,615) $ 186,517 $ 57,838 127 City of Eden Prairie, Minnesota Agency Funds Agency Funds Agency funds are used to account for assets held by the government as an agent for individuals, private organizations,other governments, or other funds. Escrow - This fund is used to account for various deposits (mainly contractor's deposits to guarantee payment of special assessments for water, sewer, streets and other improvements) required by the City. This fund is also used for accumulating donations and other contributions for specific purposes. WAFTA - This fund accounts for the collection and remittance of expenses pertaining to the fire training facility owned by 11 member cities. MCES - This fund accounts for the collection and remittance of sewer availability charges to the Metropolitan Council Environmental Services. 128 CITY OF EDEN PRAIRIE,MINNESOTA AGENCY FUNDS COMBINING STATEMENT OF FIDUCIARY NET ASSETS DECEMBER 31,2011 Escrow 2011 Fund WAFTA MCES Total ASSETS Cash and investments $ 1,227,692 $ 90,734 $ 53,520 $ 1,371,946 Accounts receivable - 144 - 144 Total assets $ 1,227,692 $ 90,878 $ 53,520 $ 1,372,090 LIABILITIES Accounts payable $ 1,227,692 $ - $ - $ 1,227,692 Due to other governments - 90,878 53,520 144,398 Total liabilities $ 1,227,692 $ 90,878 $ 53,520 $ 1,372,090 129 CITY OF EDEN PRAIRIE,MINNESOTA AGENCY FUNDS COMBINING STATEMENT OF CHANGES IN ASSETS AND LIABILITIES FOR THE YEAR ENDED DECEMBER 31,2011 Balance Balance January 1 December 31 2011 Additions Deductions 2011 Escrow Assets: Cash and investments $ 1,178,629 $ 368,182 $ 319,119 $ 1,227,692 Total assets $ 1,178,629 $ 368,182 $ 319,119 $ 1,227,692 Liabilities: Accounts payable $ 1,178,629 $ 592,611 $ 543,548 $ 1,227,692 WAFTA: Assets: Cash and investments $ 71,537 $ 22,410 $ 3,213 $ 90,734 Accounts receivable - 22,144 22,000 144 Total assets $ 71,537 $ 44,554 $ 25,213 $ 90,878 Liabilities: Accounts payable $ - $ - $ - $ - Due to other governments 71,537 22,554 3,213 90,878 Total liabilities $ 71,537 $ 22,554 $ 3,213 $ 90,878 MCES Assets: Cash and investments $ 14,700 $ 396,940 $ 358,120 $ 53,520 Accounts receivable - - - - Total assets $ 14,700 $ 396,940 $ 358,120 $ 53,520 Liabilities: Due to other governments $ 14,700 $ 407,979 $ 369,159 $ 53,520 Total liabilities $ 14,700 $ 407,979 $ 369,159 $ 53,520 Totals-All Agency Funds Assets: Cash and investments $ 1,264,866 $ 787,532 $ 680,452 $ 1,371,946 Accounts receivable - 22,144 22,000 144 Total assets $ 1,264,866 $ 809,676 $ 702,452 $ 1,372,090 Liabilities: Accounts payable $ 1,178,629 $ 592,611 $ 543,548 $ 1,227,692 Due to other governmental units 86,237 430,533 372,372 144,398 Total liabilities $ 1,264,866 $ 1,023,144 $ 915,920 $ 1,372,090 130 Statistical City of Eden Prairie, Minnesota Statistical Section (Unaudited) This part of the City of Eden Prairie's comprehensive annual financial report presents detailed information as a context for understanding this year's financial statements, note disclosures, and supplementary information. This information has not been audited by the independent auditor. Contents Page Financial Trends 133-138 These tables contain trend information that may assist the reader in assessing the City's current financial performance by placing it in historical perspective. Revenue Capacity 139-142 These tables contain information that may assist the reader in assessing the viability of the City's most significant"own-source" revenue, the property tax. Debt Capacity 143-146 These tables present information that may assist the reader in analyzing the affordability of the City's current levels of outstanding debt and the City's ability to issue additional debt in the future. Demographic and Economic Information 147-155 These tables offer economic and demographic indicators that are commonly used for financial analysis and that can increase one's understanding of the City's present and ongoing financial status. Operating Information 156-157 These tables contain service and infrastructure indicators that can increase one's understanding of how the information in the City's financial statements relates to the services the City provides and the activities it performs. Source: Unless otherwise noted,the information in these tables is derived from the comprehensive annual financial reports for the relevant year. The City implemented GASB Statement No. 34 in calendar year 2003; schedules presenting government-wide information include information beginning in that year. 132 City of Eden Prairie, Minnesota Government-wide Net Assets by Category (accrual basis of accounting) Last Nine Years 2003 2004 2005 2006 2007 2008 2009 2010 2011 Governmental Activities Invested in capital assets,net of related debt $ 106,289,304 $ 128,665,664 $ 135,346,250 $ 133,041,891 $ 155,494,482 $ 162,522,110 $ 165,578,857 $ 169,874,219 $ 178,022,468 Restricted 12,352,637 6,200,846 6,225,359 6,298,693 6,090,520 6,231,872 9,470,494 8,882,954 9,190,791 Unrestricted 45,992,152 45,055,078 50,144,555 64,133,581 53,052,529 56,235,986 49,907,035 50,954,497 48,843,723 Subtotal governmental activities net assets 164,634,093 179,921,588 191,716,164 203,474,165 214,637,531 224,989,968 224,956,386 229,711,670 236,056,982 Business-type Activities Invested in capital assets,net of related debt 156,101,861 143,594,356 141,987,088 140,872,743 142,849,627 143,504,412 142,093,191 138,307,152 138,397,769 Unrestricted 3,488,927 9,935,174 11,466,436 10,575,056 9,249,768 7,050,651 6,301,188 5,224,848 9,452,826 Subtotal business-type activities net assets 159,590,788 153,529,530 153,453,544 151,447,799 152,099,395 150,555,063 148,394,379 143,532,000 147,850,595 Primary Government Invested in capital assets,net of related debt 262,391,165 272,260,020 277,333,338 273,914,634 298,344,109 306,026,522 307,672,048 308,181,371 316,420,237 Restricted 12,352,637 6,200,846 6,225,359 6,298,693 6,090,520 6,231,872 9,470,494 8,882,954 9,190,791 Unrestricted 49,481,079 54,990,252 61,611,011 74,708,637 62,302,297 63,286,637 56,208,223 56,179,345 58,296,549 Total primary-government net assets $ 324,224,881 $ 333,451,118 $ 345,169,708 $ 354,921,964 $ 366,736,926 $ 375,545,031 $ 373,350,765 $ 373,243,670 $ 383,907,577 Less than ten years of information presented due to information not available prior to conversion to GASB 34. 133 City of Eden Prairie, Minnesota Changes in Net Assets-Total (accrual basis of accounting) Last Nine Years Source 2003 2004 2005 2006 2007 2008 2009 2010 2011 Expenses Governmental activities $ 32,123,423 $ 34,315,872 $ 38,130,927 $ 38,902,477 $ 41,926,473 $ 45,881,058 $ 47,397,022 $ 45,701,477 $ 45,294,566 Business-type activities 19,853,224 20,881,410 22,121,630 22,634,036 24,768,351 25,265,911 25,599,664 26,739,072 27,530,501 Total expenses $ 51,976,647 $ 55,197,282 $ 60,252,557 $ 61,536,513 $ 66,694,824 $ 71,146,969 $ 72,996,686 $ 72,440,549 $ 72,825,067 Program Revenues: Governmental activities $ 17,974,170 $ 14,928,446 $ 18,214,641 $ 14,693,423 $ 15,020,071 $ 16,270,317 $ 12,361,210 $ 13,032,144 $ 14,786,027 Business-type activities 17,674,920 21,388,751 22,408,032 21,513,949 25,894,561 23,669,165 24,115,894 23,654,183 25,863,662 Total program revenues 35,649,090 36,317,197 40,622,673 36,207,372 40,914,632 39,939,482 36,477,104 36,686,327 40,649,689 Net(expense)revenue (16,327,557) (18,880,085) (19,629,884) (25,329,141) (25,780,192) (31,207,487) (36,519,582) (35,754,222) (32,175,378) General revenues and transfers: Governmental activities 26,518,533 29,916,113 30,718,677 35,967,055 38,069,768 39,963,178 35,002,230 37,424,617 36,853,851 Business-type activities (677,069) (1,965,194) (620,361) (405,749) (474,614) 52,414 (676,914) (1,777,490) (1,230,687) Total general revenues and transfers 25,841,464 27,950,919 30,098,316 35,561,306 37,595,154 40,015,592 34,325,316 35,647,127 35,623,164 Change in net assets $ 9,513,907 $ 9,070,834 $ 10,468,432 $ 10,232,165 $ 11,814,962 $ 8,808,105 $ (2,194,266) $ (107,095) $ 3,447,786 Less than ten years of information presented due to information not available prior to conversion to GASB 34. 134 City of Eden Prairie, Minnesota Changes in Net Assets-Governmental Activities (accrual basis of accounting) Last Nine Years Source 2003 2004 2005 2006 2007 2008 2009 2010 2011 Expenses General government $ 9,577,100 $ 10,620,023 $ 13,375,941 $ 14,280,765 $ 14,424,872 $ 15,308,258 $ 9,506,1 04 $ 9,183,334 $ 9,263,991 Public safety 8,244,041 10,910,006 12,102,614 11,713,095 13,883,325 15,808,506 19,346,668 17,985,648 17,538,536 Public works 8,456,449 6,473,043 6,810,846 7,313,935 5,960,154 7,048,819 8,128,507 7,522,749 7,665,875 Parks and recreation 4,338,435 5,480,061 4,949,620 4,396,128 6,087,328 6,212,450 8,606,431 9,769,235 9,617,076 Interest on longterm debt 1,507,398 832,739 891,906 1,198,554 1,570,794 1,503,025 1,809,312 1,240,511 1,209,088 3 3 3 ,v' 3 ,9 ,v. v",f.. ,2 i 5 Tot expenses $ _,1'.,-}_ $ -},31. �;'_ $ 1;,1' _. S � �',-};'. 41 'S,-};'. -}�hTl, ,� -};',' �'2 $ -}� . ;1,4," $ -}�_�4,,4, Program Revenues: Charges for services: General government $ 4,818,031 $ 1,988,779 $ 3,004,416 $ 2,859,961 $ 2,573,708 $ 2,506,269 $ 948,287 $ 958,005 $ 966,931 Public safety 1,103,653 3,483,050 3,410,157 3,425,626 3,349,520 3,005,158 2,351,256 3,135,082 3,264,191 Public works 4,457,178 389,225 567,233 403,363 390,731 443,640 210,606 230,390 322,561 Parks and recreation 3,257,256 2,984,694 2,897,852 2,687,876 3,050,852 3,470,985 3,774,815 4,285,057 4,327,323 Interest on long term debt 50,301 - - - - - - -Operating grants and contributions 925,446 1,173,487 1,220,854 1,443,708 1,558,981 2,002,207 1,735,599 1,320,014 1,435,321 Capital grants and contributions 3,362,305 4,909,211 7,114,129 3,872,889 4,096,279 4,842,058 3,340,647 3,103,596 4,469,700 Tot al program revenues 17,974,170 14,928,446 18,214,641 14,693,423 15,020,071 16,270,317 12,361,210 13,032,144 14,786,027 Net(expense)revenue (14,149,253) (19,387,426) (19,916,286) (24,209,054) (26,906,402) (29,610,741) (35,035,812) (32,669,333) (30,508,539) General revenues and transfers: Taxes Property taxes 24,714,298 25,156,515 26,280,177 28,545,219 31,222,834 31,907,308 31,687,277 31,527,570 31,310,140 Tax increment - 1,702,742 2,289,648 2,407,638 2,689,433 3,034,260 3,250,611 3,450,291 3,139,080 Grants and contributions not restricted to specific programs 384,565 343,241 298,506 190,446 225,295 195,478 206,907 229,510 752,907 Investment earnings 660,984 619,463 1,046,852 2,574,984 3,049,185 1,751,418 672,822 427,377 259,808 Gain(loss) on sale of capital assets - - - 1,431,440 - 2,883,897 (1,505,613) - 121,916 Transfers 758,686 2,094,152 803,494 817,328 883,021 190,817 690,226 1,789,869 1,270,000 Total general revenues and transfers 26,518,533 29,916,113 30,718,677 35,967,055 38,069,768 39,963,178 35,002,230 37,424,617 36,853,851 Change in net assets $ 12,369,280 $ 10,528,687 $ 10,802,391 $ 11,758,001 $ 11,163,366 $ 10,352,437 $ (33,582) $ 4,755,284 $ 6,345,312 Less than ten years of information presented due to information not available prior to conversion to GASB 34. 135 City of Eden Prairie, Minnesota Changes in Net Assets-Business-type Activities (accrual basis of accounting) Last Nine Years Source 2003 2094 2005 2006 2007 2908 2009 2919 2911 Expenses Water 1 Sewer $ 12,174,191 $ 12,835,671 $ 11,838,114 $ 12,137,487 $ 13,161,533 $ 13,418,071 $ 13,462,844 $ 14,035,916 $ - Water - - - - - - - - 8,162,292 Sewer - - - - - - - - 6,671,324 Storm - - 1,329,224 1,256,092 1,986,557 1,725,629 1,523,876 1,983,337 1,915,249 Liquor 7,679,033 8,045,739 8,954,292 9,240,457 9,620,261 10,122,211 10,612,944 10,719,819 10,781,636 Total expenses $ 19,853,224 $ 20,881,410 $ 22,121,630 $ 22,634,036 $ 24,768,351 $ 25,265,911 $ 25,599,664 $ 26,739,072 $ 27,530,501 Program Revenues: Charges for services: Water/Sewer $ 8,088,439 $ 11,514,737 $ 9,734,838 $ 10,415,372 $ 11,553,501 $ 11,551,147 $ 11,487,634 $ 11,103,035 $ - Water - - - - - - - - 7,743,061 Sewer - - - - - - - - 4,926,624 Storm - - 600,237 644,131 614,590 818,987 910,568 831,731 1,054,077 Liquor 8,415,914 8,880,874 10,038,462 10,454,446 10,741,799 11,299,031 11,717,692 11,687,919 11,724,900 Operating grants and contributions - - - - - - - 31,498 - Capital grants and contributions 1,170,567 993,140 2,034,495 - 2,984,671 - - - 415,000 Total program revenues 17,674,920 21,388,751 22,408,032 21,513,949 25,894,561 23,669,165 24,115,894 23,654,183 25,863,662 Net(expense)revenue (2,178,304) 507,341 286,402 (1,120,087) 1,126,210 (1,596,746) (1,483,770) (3,084,889) (1,666,839) General revenues and transfers: Grants and contributions not restricted - - - - - - - - 4,016 to specific programs Investment earnings 19,835 128,958 183,133 411,579 408,407 243,231 13,312 12,379 35,297 Gain on sale of capital assets 16,540 - - - - - - - - Transfers (713,444) (2,094,152) (803,494) (817,328) (883,021) (190,817) (690,226) (1,789,869) (1,270,000) Total general revenues and transfers (677,069) (1,965,194) (620,361) (405,749) (474,614) 52,414 (676,914) (1,777,490) (1,230,687) Change in net assets $ (2,855,373) $ (1,457,853) $ (333,959) $ (1,525,836) $ 651,596 $ (1,544,332) $ (2,160,684) $ (4,862,379) $ (2,897,526) Less than ten years of information presented due to information not available prior to conversion to GASB 34. Prior to 2011,Water and Sewer were combined. 136 City of Eden Prairie, Minnesota Fund Balances-Governmental Funds Last Ten Years 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 General fund Reserved $ 3,946,916 $ 3,585,138 $ 3,906,562 $ 4,198,756 $ 1,145,293 $ 253,954 $ 138,507 $ 55,864 $ 66,238 $ - Unreserved 15,099,670 16,281,005 16,526,362 17,133,623 18,042,399 19,392,450 20,292,813 20,535,345 20,877,251 - Nonspendable - - - - - - - - - 18,266 Unassigned - - - - - - - - - 21,162,123 Subtotal general fund 19,046,586 19,866,143 20,432,924 21,332,379 19,187,692 19,646,404 20,431,320 20,591,209 20,943,489 21,180,389 General fund%change 19.8% 4.3% 2.9% 4.4% (10.1%) 2.4% 4.0% 0.8% 1.7% 1.1% All other govt'funds Reserved 17,712,219 11,862,916 6,200,846 4,816,402 6,299,082 6,314,553 159,698 141,011 118,186 - Unreserved: Special revenue 753,437 943,960 312,197 517,164 579,738 587,431 516,296 556,462 548,831 Debt service (325) (56,285) (94,381) (43,896) (223) (1,162) 6,352,188 5,084,425 4,383,750 - Capital projects 14,173,459 18,322,735 20,108,258 19,196,836 31,749,345 18,556,887 18,912,365 18,890,716 19,775,005 - Trust and Agency 129,677 - - - - - - - - - Permanent - 134,773 136,053 138,518 139,106 139,965 142,094 143,045 140,584 - Nonspendable - - - - - - - - - 812,151 Restricted - - - - - - - - - 15,261,699 Assigned-Capital Projects - - - - - - - - - 17,951,086 Unassigned - - - - - - - - - (3,687,585) Subtotal all other govt'funds 32,768,467 31,208,099 26,662,973 24,625,024 38,767,048 25,597,674 26,082,641 24,815,659 24,966,356 30,337,351 Total govt'funds Reserved 21,659,135 15,448,054 10,107,408 9,015,158 7,444,375 6,568,507 298,205 196,875 184,424 - Unreserved 30,155,918 35,626,188 36,988,489 36,942,245 50,510,365 38,675,571 46,215,756 45,209,993 45,725,421 - Nonspendable - - - - - - - - - 830,417 Restricted - - - - - - - - - 15,261,699 Assigned-Capital Projects - - - - - - - - - 17,951,086 Unassigned - - - - - - - - - 17,474,538 Total govt'funds $ 51,815,053 $ 51,074,242 $ 47,095,897 $ 45,957,403 $ 57,954,740 $ 45,244,078 $ 46,513,961 $ 45,406,868 $ 45,909,845 $ 51,517,740 All gout'funds%change 7.5% (1.4%) (7.8%) (2.4%) 26.1% (21.9%) 2.8% (2.4%) 1.1% 12.2% GASB 54 was implemented in 2011 137 City of Eden Prairie, Minnesota Changes in Fund Balances-Governmental Funds (modified accrual basis of accounting) Last Ten Years Source 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Revenues: Taxes and special assessments $ 27,840,254 $ 27,783,835 $ 28,643,886 $ 30,206,322 $ 33,053,204 $ 35,309,781 $ 36,036,370 $ 36,547,460 $ 36,494,481 $ 35,876,027 Licenses and permits 3,765,662 3,580,422 3,257,634 3,513,022 3,484,074 3,414,545 3,318,249 2,386,956 3,119,449 3,363,293 Intergovernmental revenue 1,825,736 2,312,517 3,922,628 1,600,867 4,347,179 3,064,142 4,332,864 4,114,295 2,437,441 5,215,943 Charges for services 6,360,624 6,203,761 2,179,595 2,744,535 3,011,863 2,881,485 4,106,763 3,506,697 3,919,848 4,202,734 Fines and forfeits 394,466 415,896 439,269 476,520 419,745 433,369 384,509 444,979 496,449 557,512 Investment income 1,508,510 769,912 710,752 1,152,288 2,807,250 3,101,558 1,811,199 638,483 406,281 224,379 Miscellaneous revenue 4,991,538 4,277,746 4,936,284 3,604,124 2,950,874 4,597,037 2,386,186 1,556,312 1,609,244 1,488,991 Total revenues $ 46,686,790 $ 45,344,089 8 44,090,048 8 -13,2,:7,,,7, S 50,074,189 S 52,801,917 :; -2„7,,140 5 -19,113,1 2 S -18,4S3,193 S F,0,,..279 Expenditures: General government $ 9,644,814 $ 9,683,554 $ 10,431,323 $ 13,297,706 $ 14,420,850 $ 13,579,878 $ 14,236,199 $ 9,152,896 $ 8,726,894 $ 8,768,528 Public safety 7,734,958 8,004,610 10,029,529 10,764,727 12,065,308 12,252,120 14,712,895 16,175,725 16,789,050 16,822,991 Public works 4,134,666 3,990,003 4,943,364 4,990,480 5,457,284 5,867,387 5,368,645 5,541,838 5,277,652 5,278,935 Parks and recreation 4,052,831 4,185,467 5,012,804 4,318,601 4,598,217 4,969,495 6,106,885 8,671,355 8,874,758 8,790,806 Capital outlay 14,466,576 11,676,808 11,347,805 16,999,203 10,000,224 25,478,947 13,517,922 8,188,289 5,919,859 8,696,679 Miscellaneous 540,838 105,960 87,377 120,672 242,555 275,397 210,039 130,251 42,967 17,256 Debt service Principal 9,265,487 4,022,560 3,861,549 4,769,810 3,284,606 3,608,823 3,887,918 4,308,577 3,910,749 4,077,751 Interest 2,014,287 1,624,140 911,869 773,379 1,162,050 1,486,112 1,448,514 1,588,937 1,361,443 1,250,401 Other 106,851 144,951 26,151 73,162 154,805 38,908 55,872 118,782 44,075 96,169 Total expenditures 51,961,308 43,438,053 46,651,771 56,107,740 51,385,899 67,557,067 59,544,889 53,876,650 50,947,447 53,799,516 Excess(deficiency)of revenues over(under)expenditures (5,274,518) 1,906,036 (2,561,723) (12,810,062) (1,311,710) (14,755,150) (7,168,749) (4,681,468) (2,464,254) (2,870,637) Other financing sources(uses) 8,885,580 (1,204,376) 2,776,627 11,671,568 13,309,047 2,960,721 8,438,632 3,574,375 2,967,231 8,478,532 Net change in fund balance S 3,611,:062 S 701,660 S 214,904 S (1,138,494)S 11,997,337 S (11,794,42vi S 1,2,),AA3 S (1,107,093)S 502,977 s 5,4()7,>4..v5 Debt service as a 96 of noncapitalexpendituns 30.1% 16.3% 13.1 9 13.6% 1().9".o 11.4"4. 11.2% 12.3% 11.1% 11.E 138 City of Eden Prairie, Minnesota Assessed/Tax Capacity Value and Estimated Market Value of Property Last Ten Years Tax Capacity Tax Tax Capacity Less: Less: Total Total Estimated Annual Payable Personal Commercial Farm& Before Fiscal Tax Assessed Direct Market 96 Dec.31 Property Residential Apartments &Industrial Other Deductions Disparities Increment Value Tax Rate Value Change 2002 $ 1,012,303 39,052,891 $ 4,891,636 $ 27,869,108 $ 1,338,591 $ 74,164,529 $ 10,134,643 $ 261,957 $ 63,767,929 37.611 $ 5,818,738,000 12.5% 2003 1,026,330 44,591,407 4,590,598 28,284,563 1,245,457 79,738,355 11,193,583 1,070,532 67,474,240 35.192 6,496,639,500 11.7% 2004 1,046,857 51,646,689 4,657,705 27,952,129 1,306,580 86,609,960 11,393,809 1,124,059 74,092,092 32.945 7,188,472,300 10.6% 2005 1,159,659 58,891,623 5,435,153 28,630,702 1,284,443 95,401,580 11,355,915 2,181,143 81,864,522 30.601 7,755,652,600 7.9% 2006 1,202,194 65,779,883 5,700,405 30,783,022 1,187,555 104,653,059 11,557,916 2,396,480 90,698,663 28.782 8,593,444,425 10.8% 2007 1,316,149 71,553,209 6,443,883 35,401,780 1,005,179 115,720,200 12,573,128 2,804,557 100,342,515 28.050 9,439,037,100 9.8% 2008 1,282,145 76,169,571 6,657,437 39,973,888 53,761 124,136,802 14,480,546 3,145,493 106,510,763 27.177 9,961,912,400 5.5% 2009 1,262,207 76,242,150 6,418,903 41,524,663 58,691 125,506,614 16,186,185 3,239,713 106,080,716 27.271 10,019,575,800 0.6% 2010 1,250,594 72,344,688 5,912,957 40,911,206 63,679 120,483,124 16,806,832 3,274,193 100,402,099 28.742 9,577,402,500 -4.4% 2011 1,329,101 67,232,552 5,459,256 37,490,576 59,884 111,571,369 16,432,584 2,863,585 92,275,200 31.239 8,899,287,500 -7.1% Percentages 2002 1.4% 52.7% 6.6% 37.6% 1.8% 15.9% 0.4% 2003 1.3% 55.9% 5.8% 35.5% 1.6% 16.6% 1.6% 2004 1.2% 59.6% 5.4% 32.3% 1.5% 15.4% 1.5% 2005 1.2% 61.7% 5.7% 30.0% 1.3% 13.9% 2.7% 2006 1.1% 62.9% 5.4% 29.4% 1.1% 12.7% 2.6% 2007 1.1% 61.8% 5.6% 30.6% 0.9% 12.5% 2.8% 2008 1.0% 61.4% 5.4% 32.2% 0.0% 13.6% 3.0% 2009 1.0% 60.7% 5.1% 33.1% 0.0% 15.3% 3.1% 2010 1.0% 60.0% 4.9% 34.0% 0.1% 16.7% 3.3% 2011 1.2% 60.3% 4.9% 33.6% 0.1% 17.8% 3.1% Source: City Assessing Department and Hennepin County Source:City Assessing Department and Hennepin County 139 City of Eden Prairie, Minnesota Direct and Overlapping Property Tax Rate Last Ten Years Direct Rates Overlapping Rates Year School School School Watershed Watershed Watershed Ended City HRA Hennepin Special District District District District District District Dec. 31 Rate Rate County Districts(1) #270 #272 #276 #1 #2 #4 2002 37.611 - 50.409 7.386 15.034 15.71 20.868 1.317 0.469 1.608 2003 35.192 - 50.607 7.757 20.588 18.957 24.215 1.267 0.418 1.616 2004 32.945 - 47.324 7.488 22.203 16.933 23.125 1.269 0.381 0.732 2005 30.601 - 44.172 7.382 19.176 21.855 21.989 1.165 0.354 1.375 2006 28.561 0.221 41.016 6.998 21.565 23.187 22.952 1.106 0.315 0.787 2007 27.861 0.189 39.110 7.480 19.019 23.727 24.793 1.107 0.291 0.743 2008 26.998 0.179 38.571 7.397 19.218 23.425 17.98 1.149 0.432 1.302 2009 27.092 0.179 40.413 7.154 20.080 24.691 17.186 1.246 0.936 1.246 2010 28.553 0.189 42.640 8.138 23.050 25.959 18.657 1.293 0.520 1.279 2011 31.034 0.205 45.840 9.172 26.456 28.420 21.274 1.317 0.264 1.352 Market Value Rates Overlapping Rates Year City School School School Ended Direct District District District Dec. 31 Rate #270 #272 #276 2002 0.0194 0.194 0.116 0.110 2003 0.0177 0.177 0.157 0.100 2004 0.0158 0.158 0.144 0.080 2005 0.0143 0.143 0.133 0.080 2006 0.0177 0.151 0.173 0.177 2007 0.0183 0.141 0.156 0.165 2008 0.0172 0.138 0.146 0.203 2009 0.0171 0.130 0.145 0.202 2010 0.0173 0.139 0.157 0.202 2011 0.0187 0.148 0.162 0.226 (1) Special Districts include Metropolitan Council, Regional Transit Board, Metropolitan Mosquito Control, County Park Museum, & Hennepin Suburban Parks 140 City of Eden Prairie, Minnesota Principal Property Taxpayers For the Year Ended December 31, 2011 and 2002 2011 2002 Percentage Percentage Tax of Total Tax of Total Taxpayer Capacity Tax(:opacity Taxpayer Capacity Tax Capacity Eden Prairie Mall, LLC $ 2,239,250 2.0% Liberty Property Ltd Partnership $ 1,863,160 2.5% ADC Telecommunications, Inc. 879,250 0.8% Best Buy Company 858,706 1.2% Liberty Property Ltd Partnership- 9023 Columbine Rd, 625,650 0.6% First Industrial Ltd Partnership 848,706 1.1% Geneva Office Exchange 615,510 0.6% ADC Telecommunications, Inc. 839,250 1.1% Lifetouch Inc. 609,250 0.5% 11095 Viking Inc. 670,870 0.9% Flying Cloud Office Inc. 462,830 0.4% Eden PR RPF III Ltd Partnership 621,324 0.8% United Healthcare Seri. Inc. 452,270 0.4% United Healthcare Services 568,620 0.8% EP-MN LLC 412,570 0.4% Gelco Corporation (GE Capital) 533,590 0.7% Liberty Property Ltd Partnership- 7075 Flying Cloud Dr. 411,090 0.4% Ryan 1 Wilson Ltd. Partnership 504,070 0.7% Liberty Property Ltd Partnership- 10400 Viking Dr. 407,150 0.4% MSP Investors I, LLC 487,910 0.7% Total principal taxpayers 7,114,820 6.4% 7,796,206 10.5% All other taxpayers 104,456,549 93.6% 66,368,323 89.5% Total $ 111,571,369 100.0% $ 74,164,529 100.0% Source: City of Eden Prairie Assessing Department 141 City of Eden Prairie, Minnesota Property Tax Levies and Collections Last Ten Years Collected Within the Year Current Year Levy Collections Total Collections to Date Ended Taxes %of in Subsequent %of Dec.31 Levied Amount Levy Years Amount Levy 2002 $ 25,029,367 $ 24,825,795 99.19% $ 181,212 $ 25,007,007 99.91% 2003 24,653,827 24,611,527 99.83% 42,000 24,653,527 100.00% 2004 25,195,881 25,008,820 99.26% 187,646 25,196,466 100.00% 2005 26,132,057 26,072,924 99.77% 58,503 26,131,427 100.00% 2006 28,468,831 28,242,002 99.20% 227,933 28,469,935 100.00% 2007 30,657,304 30,422,094 99.23% 236,137 30,658,231 100.00% 2008 31,514,657 31,263,472 99.20% 216,283 31,479,755 99.89% 2009 31,773,143 31,278,850 98.44% 269,971 31,548,821 99.29% 2010 31,719,631 31,299,275 98.67% 15,493 31,314,768 98.72% 2011 31,719,631 31,355,647 98.85% - 31,355,647 98.85% Source: Hennepin County 2002 taxes levied includes Market Value Homestead Credit 142 City of Eden Prairie, Minnesota Legal Debt Margin Last Ten Years 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Estinj ate Market Value $ 5,818,738,000 $ 6,496,639,500 $ 7,188,472,300 $ 7,755,652,600 $ 8„93,444,425 $ 9,439,037,100 $ 9,961,912,400 $ 10,019,575,800 $ 9,577,402,500 $ 8,899,287,500 Legal Debt Margin: Debt Limit:3%of Market Value(1) $ 116 374,760 $ 129,932,790 $ 143,769,446 $ 155,113,052 $ 171,868,889 $ 188,780,742 $ 298,857 372 $ 300,587,274 $ 287 322,075 $ 266,978,625 General Obligation T3onds 7,660,000 8,321,000 7,141,000 10,832,000 23,407,000 21,881,000 23,369,000 25,300,000 23,070,000 25,690,000 Deductions: Amt available for repayment of bonds 169,484 201,322 282,448 350,814 1,145,695 1,585,677 1,825,816 2,288,121 2,317,257 6,917,113 Total debt applicable to limit 7,490,516 8,119,478 6,858,552 10,501,186 22,261305 20,295 323 21,543,184 23,011,879 20,75,743 18,772,887 Legal debt Margin 108,884,244 121,813,312 136,910,894 144,611,866 149,607,584 168,485,419 277 314,188 277,575 395 266,569,332 248,205,738 As a%of debt limit 93.6% 93.8% 95.2% 93,2% 877,0% 89,2% 92,8% 92,3% 92.8% 93.0% 1-In 2008 debt limit was cbawged from 2%to 3% 143 City of Eden Prairie, Minnesota Ratios of Outstanding Debt by Type Last Ten Years Business-Type Governmental Activities Activities Special Year General Lease Assessments Percentage Ended Obligation Revenue Improvement Contract Capital Loans Revenue of Personal Per Dec.31 Bonds Bonds Bonds for Deed Lease Payable Bonds Total Income( 1) Capita(2) 2002 $ 7,660,000 $ 19,590,000 $ 3,540,000 $ 500,000 $ - $ 64,167 $ 11,966,889 $ 43,321,056 * 737 2003 8,321,000 10,935,000 6,770,000 300,000 - 27,138 11,083,516 37,436,654 * 614 2004 7,141,000 10,085,000 6,200,000 200,000 - 12,589 9,914,891 33,553,480 * 536 2005 10,852,000 9,170,000 8,740,000 100,000 - 6,779 8,209,771 37,078,550 * 579 2006 23,407,000 8,195,000 7,790,000 - 142,773 968 5,648,261 45,184,002 * 706 2007 21,881,000 8,790,000 6,770,000 - 115,918 - 2,879,983 40,436,901 * 620 2008 23,369,000 7,695,000 7,570,000 - 123,076 - - 38,757,076 * 619 2009 25,300,000 4,845,000 6,400,000 - 83,500 - - 36,628,500 * 579 2010 23,070,000 3,795,000 7,000,000 - 42,751 - - 33,907,751 * 541 2011 25,690,000 2,685,000 8,130,000 - - - 4,125,000 40,630,000 * 646 (1)See Demographic and Economic Statistics for personal income (2)See Demographic and Economic Statistics for population *Information is not available 144 City of Eden Prairie, Minnesota Ratios of Total Debt Outstanding by Type Last Ten Years Ratio of Net Year General Less Amounts Bonded Debt Ended Obligation Available in Debt to Estimated Per Dec.31 Debt(1) Service Fund Total Market Value(2) Capita(3) 2002 $ 7,660,000 $ 169,484 $ 7,490,516 0.13% 127 2003 8,321,000 201,522 8,119,478 0.12% 133 2004 7,141,000 282,448 6,858,552 0.10% 110 2005 10,852,000 350,814 10,501,186 0.14% 164 2006 23,407,000 (4) 1,145,695 22,261,305 0.26% 343 2007 21,881,000 1,585,677 20,295,323 0.22% 311 2008 23,369,000 1,825,816 21,543,184 0.23% 344 2009 25,300,000 2,288,121 23,011,879 0.23% 363 2010 23,070,000 2,317,257 20,752,743 0.22% 331 2011 25,690,000 6,917,113 18,772,887 0.21% 298 (1) Amount does not include special assessment improvement or revenue bonds. (2) See "Taxable Assessed Value and Estimated Actual Value of Property" for Market Value (3) See Demographic and Economic Statistics for population (4) 2006 includes $8.4 million in debt for the park referendum 145 City of Eden Prairie, Minnesota Computation of Direct and Overlapping Bonded Debt-G. O. Bonds December 31, 2011 Percent Debt of Debt Net Debt Gross Service Net Applicable Applicable Governmental Unit Debt (1) Funds Debt to Ci y to City Direct Debt: City of Eden Prairie $ 25,690,000 $ 6,917,113 $ 18,772,887 100.00% $ 18,772,887 Overlapping Debt: Hopkins ISD 270 $ 184,460,000 3,044,159 $ 181,415,841 4.07% $ 7,383,625 Eden Prairie ISD 272 85,370,000 13,257,564 72,112,436 97.55% 70,345,681 Minnetonka ISD 276 104,844,548 16,710,573 88,133,975 2.34% 2,062,335 Hennepin County 729,430,000 5,540,899 723,889,101 7.07% 51,178,959 Henn Suburban Park District 81,810,000 17,557,102 64,252,898 9.49% 6,097,600 Henn Regional RR Authority 40,505,000 376,839 40,128,161 7.07% 2,837,061 Metropolitan Council 213,645,000 70,688,475 142,956,525 3.06% 4,374,470 Total Overlapping Debt 1,440,064,548 127,175,611 1,312,888,937 144,279,731 Total Direct and Overlapping Debt $ 1,465,754,548 $ 134,092,724 $ 1,331,661,824 $ 163,052,618 Notes: (1) Gross debt does not include special assessment improvement or revenue bonds. The percentage of overlapping debt applicable is estimated using taxable assessed property values. Applicable percentages were estimated by determining the portion of the countys taxable assessed value that is within the City's boundaries and dividing it by the county's total taxable assessed value, 146 City of Eden Prairie, Minnesota Demographic and Economic Statistics Last Ten Years Governmental Activities (thousands of dollars) Per Personal Capita Median School Unemployment Year Population Income Income Age Enrollment Rate 2002 $ 58,973 * * * $ 10,400 2.9% 2003 60,931 * * * 10,360 3.5% 2004 62,603 * * * 10,360 3.6% 2005 64,032 * * * 9,955 3.5% 2006 64,846 * * * 9,771 4.0% 2007 65,257 * * * 9,806 4.6% 2008 62,210 1 * * * 9,806 6.9% 2009 63,314 1 * * * 10,200 7.4% 2010 62,683 1 * * * 9,628 7.0% 2011 62,900 1 * * * 9,301 5.2% Sources: City of Eden Prairie Planning Department Minnesota Department of Trade and Economic Development "Community Profile" Minnesota Local Area Unemployment Statistics File Minnesota Workforce Center Eden Prairie School District 272 - Enrollment History Website * - Data is not available 1 - Using Met Council numbers 147 City of Eden Prairie, Minnesota Principal Employers For the Year Ended December 31, 2011 and 2006 2011 2006 Percentage Percentage of Total of Total Employer Employees City Employment Employer Employees City Employment Upturn 1,800 3.7% EP Schools 1,400 2.8% EP Schools 1,500 3.0% GE Capital 1,200 2.4% CH Robinson 1,462 3.0% Rosemount 1,200 2.4% tarkey Labs 1,436 2.9% CH Robinson 1,076 2.2% Super Yalu 1,260 2.6% Super Yalu 900 1.8% CIGNA 1,200 2.4% Deli Express 842 1.7% Dell-Compellent 1,000 2.0% MIS Systems 791 1.6% GE Capital 900 1.8% Life Touch 558 1.1% Eaton Corp 850 1.7% Eaton Corp 500 1.0% NITS Systems 708 1.4% Digital River 500 1.0% Total principal employer 12,116 24.6% 8,967 16.3% Other employers 37,172 75.4% 46,033 83.7% Total employers 49,288 100.0% 55,000 100.0% Source: City Community Development Division Included 2006 data which is the first year that data was available. 148 City of Eden Prairie, Minnesota Employees by Function Last Eight Years 2004 2005 2006 2007 200E 2009 2010 2011 Govcrnmtiii iI Funds: Adm inistration City Manager City M Sul ager 1 1 1 1 1 1 1 1 Assistant to the City Manager 1 1 1 1 1 Administrative Assistant 1 1 1 1 1 1 1 1 Total 3 3 3 3 3 2 2 2 City Clerk City Clerk 1 1 1 1 1 1 1 1 Total 1 1 1 1 1 1 1 1 Comm unitutionServioes Coinintutications Manager 1 1 1 1 1 1 1 1 Sr.Comma ications Coordinator 1 1 1 1 1 IOlnintutications Coordinator 1 1 1 1 1 1 1 1 Technician II 1 1 1 Total 3 3 3 3 3 3 3 3 Finame Finance I41imagi. 1 1 1 1 1 1 1 1 Finance Supervisor 1 1 1 1 1 1 Senior Accountant 1 1 Arco mit ant 1 1.50 1.50 1.50 1.50 1.50 1.50 1.50 Accounts Payable Technician I 1 1 1 1 1 1 1 1 R.11iOr Accotuitrllg Clerk 1 1 1 1 1 Payroll Technician III 1 1 1 1 1 1 Technician I 1 1 1 1 1 1 1 1 Total 7 7.50 7.S0 7.50 7.50 6.50 5.50 5.50 Source:Human Resource department Less than ten years is presented due to information not available. 149 City of Eden Prairie, Minnesota Employees by Function Last Eight Years 2004 2005 2006 2007 200E 2009 2010 2011 Governmental Funds: Cus tom er Service Customer Service f Office 4 4 3.80 4.05 4.05 4.05 4.05 3.55 Total 4.0 4.0 3,8 4.05 4.05 4.05 4.05 3.55 Human Resources HLun an Re s0 MCC's Manager 1 1 1 1 1 1 1 1 Senior HLunan Resources Generalist 1 1 1 1 1 1 1 1 Human Resotuces Technician III 1 1 1 1 0.60 0.60 0.60 0.60 Organization Development Specialist 0.50 0.50 0.60 1 AdninistrationAssistant I 1 1 0.75 0.75 1 1 1 1 Payroll Technician III 1 1 Total 4 4 425 425 420 4.60 4.60 4.60 Comm unity Development Assessing City Assessor 1 1 1 1 1 1 1 1 Appraiser 5 5 5 5 5 5 5 5 Technician I 1 1 1 1 1 1 1 1 Total 7 7 7 7 7 7 7 7 Planning Pla 'tig City Planner 1 1 1 1 1 1 1 1 Senior Planner 1 1 1 1 1 1 1 1 Planner 1.65 1,65 1.65 1.65 2.15 1.5 1.5 1.5 Heritage Preservation Specialist 1 1 1 1 0.50 Administrative Assistant! 1 1 1 1 1 1 1 1 Total 5.65 5.65 5.65 5.65 5.65 4.5 4.5 4.5 Cam m unity Development Community Development Director 1 1 1 1 1 0.9 0.9 1 Administrative Assistant II 1 1 1 1 1 Total 2 2 0.9 0.9 1 Economic Development Manager of Economic Development I I I 1 1 1 1 1 Total I I I I 1 1 1 1 Source: Human Resource department Less than ten years is presented due to information not available. 150 City of Eden Prairie, Minnesota Employees by Function Last Eight Years 2004 2005 2006 2007 200E 2009 2010 2011 Governmental Funds: Housing and Community Services Manager of I-lousing.-Community Sry 1 1 1 1 1 1 1 1 Comm unity Services Coordinator 1 1 O.S O.S O.S O.S Comm unity ServicesTechnician 1 1 1 1 1 0.5 0.5 0.5 Total 2 2 3 3 2.5 2 2 2 Parks and Recreation Park Adm inistratiorr Park and Recreation Director 1 1 1 1 1 1 1 1 Administrative Assistant II 1 1 1 1 1 1 1 1 Total 2 2 2 2 2 2 2 2 Park&Natural Resources Manager of Parks and Natural Resource 1 1 1 1 1 1 1 1 Forestry Technician 1 1 1 1 1 1 1 1 Supervisor of Pauk]44aintcnau cc 1 1 1 1 1 1 1 1 Supervisor Park Constriutian/Repair 1 1 1 1 1 1 1 1 Maintenance Worker Packs 1S 16 16 16 16 16 16 16 Total 19 20 20 20 20 20 20 20 Recreation Program m ing Manager of Recreation 1 1 1 1 1 1 1 1 Recreation Coordinator 4 4 4 4 4 3.5 3.5 3.5 Outdoor Center 1 NatLrC Progr EMI rncr 1 1 1 1 1 1 1 1 Total 6 6 6 6 6 .- D.- Com m unity Center Recreation Coordinator 1 2 2 2 2 2 2 2 Office Supervisor 1 1 Community Center Manager 1 1 1 1 1 1 Customer Service I Office Assistant 3 2 2 2.S 2.S 2.5 2.5 2.5 Total 5 5 5 5.5 5.5 S.5 S.5 S.5 Art Center Manager-Art Center 0.5 0.5 0.5 0.5 Total 0 0 0 0 0.5 0.5 0.5 0.5 Source:Human Resource department Less than ten years is presented due to information not available. 151 City of Eden Prairie, Minnesota Employees by Function Last Eight Years 2004 2005 2006 2007 200E 2009 2010 2011 Governmental Funds: Senior Center Manager-Community Center Recreation Coordinator 2 1 1 1 1 1 1 1 Administrative Assistant I 1 1 1 1 1 1 1 1 Total 3 2 2 2 2 2 2 2 Police Police Police Chief 1 1 1 1 1 1 1 1 Deputy Police Chief 1 1 1 1 1 1 1 1 Li€ut€ntants 3 4 4 3 3 3 3 3 Sergeants 12 12 12 12 12 12 12 12 Police Officers 47 46 47 48 49 48 48 48 Animal Control Officer 2 2 2 2 2 2 2 2 Telecommunications Supervisor 1 1 1 1 1 1 1 1 T€l€cornrntulicators 9.50 9.50 9.50 9.50 10 10 10 10 Records Supervisor 1 1 1 1 1 1 1 1 Records Tech 6.75 6.75 6.75 6.75 6.75 6.75 6.7S 6.7= Int'€strgatrv€Aide 1 1 1 1 1 1 1 1 Adrninistrativ€Assist aunt 1 1 1 1 1 1 1 1 Customer Service 1 Office Assistant 1 1 1 1 1 1 1 1 Law Enforcement Analyst 1 1 1 1 1 Projects Coordinator 0,60 0.60 0.60 0.60 0.60 0.60 0.60 0.60 Zoning Administrator 0.80 0.80 0.80 1 1 1 1 1 Total 88.65 88.65 89.65 90.85 92.35 9135 91.35 91.35 Fire Fire Fire Chief 1 1 1 1 1 1 1 1 Assistant Fire Chief 0,50 1 1 1 1 2 Fire Marshal 1 1 1 1 1 0.8 0.8 Fire Prevention Specialist 3 3 3 3 3 3 3 3 Rental Housing Inspector 1 1 1 1 1 1 Electronic Conlin rnications Specialist 1 1 1 1 1 1 1 1 Administrative Assistant II I 1 1 1 1 1 1 1 Total 7 7 8.50 9 9 8.8 8.8 9 Source:Human Resource department Less than ten years is presented due to information not available. 152 City of Eden Prairie, Minnesota Employees by Function Last Eight Years 2004 2005 2006 2007 200E 2009 2010 2011 Governmental Funds: 1 nsjei lions Manager of Building hispections 1 1 1 1 1 1 1 1 Building Inspectors II 7 7 7 7 7 6 6 6 Technician I 2 2 2 2 2 2 2 2 Technician II 1 1 1 1 1 Total 11 11 11 11 11 9 9 9 Public Works Engineering Public Works Director 0.8 0.8 0.8 0.8 0.8 0.8 0.8 0.8 City Engineer 1 1 1 1 1 1 1 1 Assistant City Engineer 1 1 1 1 1 1 1 1 Engineering Technician I 1 1 1 1 1 1 1 1 Engineering Technician II 1 1 1 1 1 Senior Project Engineer 1 1 1 1 1 1 1 1 Senior Traffic Engineer 1 1 1 1 1 Fin,}in€erung Project Coordinator 1 1 1 1 1 1 Senior Engineering Tech 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 Administrative Assistant II 1 1 1 1 1 Total 123 123 123 12.3 12.3 93 8.3 83 Streets&Traffic Manager of Street Maintenance 1 1 1 1 1 1 1 1 Maintenance Workers 14 14 14 14 14 13 13 13 Administrative Assistant I 1 1 1 1 1 1 1 1 Total 16 16 16 16 16 15 15 15 Total Governmental Funds Administration 22.00 22.50 22.55 22.80 22.75 21.15 20.15 19.65 Cornrn unity Development 17.65 17.65 18.65 18.65 18.15 15.40 15.40 15.50 Parks&Recreation 35.00 35.00 35.00 35.50 36,00 35.50 35.50 35.50 Police S8.65 88.65 89.6S 90.85 92.35 91.35 91.35 91.35 Fire 18.00 18.00 19.50 20.00 20.00 17.80 17.80 18.00 Public Works 28.30 28?0 28.30 28?0 28.30 24.30 23.30 23.30 Total 209.60 210.10 213.65 216.10 217.55 205.50 203.50 203.30 Source:Human Resource department Less than ten years is presented due to information not available. 153 City of Eden Prairie, Minnesota Employees by Function Last Eight Years 2004 2005 2006 2007 200E 2009 2010 2011 Enterprise Funds: Liquor Liquor Operations Manager 1 1 1 1 1 1 1 1 Managers 2 2 2 2 2 2 2 2 Assistant 141aun age r 3 3 3 3 3 3 3 3 Senior Assistant Manager 1 1 1 1 1 1 1 1 Inventory Control Clerk 1 1 1 1 1 1 1 1 8 8 8 8 8 8 8 8 Utilities Public Works Director 0,2 0.2 0,2 0.2 0.2 0.2 0.2 0.2 Manager of Utilities 1 1 1 1 1 1 1 1 Water Treatment Supervisor 1 1 1 1 1 1 Water Treatment Lead 1 1 1 1 Water Treatment Maintenance Lead 1 1 1 1 1 1 Water Treatment Operators 11 11 8 8 8 8 8 9 Utility Field Operations Supervisor 2 1 1 1 1 1 1 1 Utility Field Operations Lead 1 2 1 1 1 1 1 1 Water Treatrncnt Maintenance Technician 2 2 2 2 2 2 2 2 Utility Field Operators 8 8 11 11 11 11 11 11 Projects Coordinator 1 1 Utility Operations Project Manager 1 1 1 1 Storm Utility Maintenance Operator 1 1 1 1 1 Adtniistrative Assistant 1 1 1 1 1 1 1 1 Technician II 1 1 1 1 1 1 1 1 Customer Service I Office Assistant 1 1 1 1 1 1 1 1 Enviornmental Coordinator 1 1 1 1 1 1 1 1 Senior Engineering Tech 0.S 0.5 0,5 0.5 0.5 0.5 0.5 0.5 29.7 30.7 31,7 32.7 33.7 32.7 33.7 34.7 Source:Human Resource department Less than ten years is presented due to information not available. 154 City of Eden Prairie, Minnesota Employees by Function Last Eight Years 2004 2005 2006 2007 200E 2009 2010 2011 Internal Service Funds: Workers Compensation Manager of Support Services 0.S 0.5 0.5 0.5 0.5 0.5 0.5 0.5 Total 0.S 0.S 0.5 0.S 0.5 0.S 0.S 0.5 Property insurance Manager of Support Services 0.S 0.5 0.5 0.5 0.5 0.5 0.5 0.5 Total 0.S 0.5 0.S 0.5 0.5 0.5 0.5 0.5 Fleet Services Public Works Superintendent 1 1 1 1 1 1 1 1 Maintenance Worker 6 6 6 6 5 5 5 5 Total 7 7 7 7 6 6 6 6 Facilities Facilities:PO imager 1 1 1 1 1 1 1 1 Facilities Supervisor 2 2 2 2 2 2 2 2 Facilities Engineer 2 2 2 2 3 3 3 3 Facilities Technician 2 2 2 2 2 2 2 2 Technician I 0.S 0.5 0.5 0.S 0.S 0.S 0.5 0.5 Total 7.5 7.5 7.5 7.5 8.5 8.5 8.5 8.5 Information Tech nolo • Information Technology Manager 1 1 1 1 1 1 1 1 Technology Analyst I Developer 1 1 1 1 1 1 1 1 IT Specialist 1 1 1 1 2 2 2 2 GIS Specialist 1 1 1 1 IT Technician 2 2 2 2 2 2 2 2 Technician I 0.5 0.5 0,5 0.5 0.5 0.5 0.5 0.5 Total 5.5 5.5 5,5 5,5 7.5 7.5 7.5 7.5 Grand Total 2 68.3 0 269.80 2 74.3 5 277.80 282.25 2 69.2 0 268.20 269.00 155 City of Eden Prairie, Minnesota Operating Indicators Last Ten Years 2002 2003 2004 2005 2006 2007 200E 2009 2010 2011 General Government: Eondrating Aa1 Aaa Aaa Aaa Aaa Aaa Aaa Aaa Aaa Aaa Housing and Htunan Services: Nrun her of residents served 2,645 2,750 3,000 2,500 2,500 2,500 3,000 3,000 3,100 3,000 Assessing: Nrunher of appraisals completed 6,458 6,526 6,000 5,300 5,300 5,300 5,643 5,276 5,517 4,827 Parks and recreation: Avg monthly cornin runty center inem berships nia nl a nla nra lira ilia 843 1,751 2,100 2,300 Program registrations 10,741 10,642 12,173 12,751 14,027 15,281 15,844 15,689 16,213 15,010 Public Safety: Fie: Nmnbcr of calls 880 886 908 975 888 1,011 1,233 1,247 1,633 1,143 Inspection permits issued 7,582 7,253 7,000 7,090 6,590 7,042 6,157 5,225 6,446 6,531 Police: Number of calls 45,122 45,209 52,554 54,622 47,190 52,543 54,483 59,470 52,041 59,544 Public Works: Patching materials(tons) nra ilia 2,200 2,300 2,500 2,500 1,900 2,500 2,800 2,700 Overlays(tons) 16,140 17,140 17,640 18,140 26,027 19,900 24,600 31,800 26,300 22,400 Crack filling materials tabs) 140,000 140,000 140,000 140,000 200,000 200,000 112,000 200,000 200,000 200,000 Rai coating(sq yards) 520,000 520,000 320,000 520,000 402,258 360,535 324,000 427,000 392,000 475,300 Water System: N Lunn ber of connections 17,029 17,370 17,717 18,271 18,607 18,745 18,794 18,800 18,948 18,971 Water in.in repairs n/a nla nra nra 15 153 35 28 41 56 Ntun ber of hydrant flushed IV 3,899 3,980 3,960 4,062 3,998 4,122 4,234 4,224 4,158 Average daily usage 7.3 MGD 8.5 MGD 8.0 MGD 8,0 MGD 8,0 MGD 8,0 MGD 8.0 MGD 9.0 MGD 7.7 MGD 8.1 MGD Sewer System: Number of connections 16,555 16,950 17,391 17,971 18,307 18,445 18,557 18,600 18,355 18,416 Miles of sanitary sewer cleaned 79 85 94 94 60 65 50 75 80 94 Storm System: Number of storm sumps maintained 146 143 188 154 138 63 157 101 93 61 Sources:Various city departments MGD-Million Gallons Daily N/A-Not available 156 City of Eden Prairie, Minnesota Capital Assets Statistics by Function Last Ten Years 2002 2003 2004 2005 2006 2007 200E 2009 2010 2011 Public Safety Fire Protection: Num bcr of stations 3 3 3 3 4 4 4 4 4 4 Ntun bcr of voltuiteer firefighters 77 75 74 72 79 95 95 95 96 93 Police Protection: Ntunber of stations 1 1 1 1 1 1 1 1 1 1 Public Works: Miles of city streets 217 2.21 222 224 225 225 232 231 2.29 230 Parks and Recreation: City parks 37 43 43 43 43 43 43 43 43 43 Conservation areas 15 15 15 15 5 15 15 15 15 15 Historic sites 5 5 5 5 5 5 5 5 5 5 Special ttse areas 5 5 5 5 5 5 5 5 5 5 Miles of trails 80 90 90 90 110 112 112 114 114 120 Water System: Ntun her of wells 13 13 13 14 14 14 14 15 15 16 Total ptunping capacity 19 MGD 22 MGD 22 MGD 22 MGD 22 MGD 22 MGD 22 MGD 22 MGD 24 MGD 24 MGD Total storage capacity 8.SM gals 8.5M gals S SM gals S.5M gals 8.5M gals 8.5M gals S 5M gals 8.5M gals 8.5M gals 8.5M glas Miles of water in airs 248 255 259 261 264 265 265 268 269 317 Sewer System: Miles of sanitary sewer 224 233 236 237 241 242 242 244 244 256 Miles of storm sewer 150 154 159 162 166 168 168 171 172 174 Sources:Various city departments Note:No capital asset indicators are available for the general government functions. MGD-Million Gallons Daily NIA-Not available 157 CITY OF EDEN PRAIRIE Hennepin County, Minnesota MANAGEMENT LETTER For the Year Ended December 31, 2011 CITY OF EDEN PRAIRIE TABLE OF CONTENTS REPORT ON MATTERS IDENTIFIED AS A RESULT OF THE AUDIT OF THE FINANCIAL STATEMENTS 1 REQUIRED COMMUNICATION 3 FINANCIAL ANALYSIS 6 I(DN- Expert advice. When you need it.s" REPORT ON MATTERS IDENTIFIED AS A RESULT OF THE AUDIT OF THE FINANCIAL STATEMENTS Honorable Mayor of Members of the City Council City of Eden Prairie Eden Prairie, Minnesota In planning and performing our audit of the financial statements of the City of Eden Prairie, Minnesota, as of and for the year ended December 31, 2011, in accordance with U.S. generally accepted auditing standards and Government Auditing Standards, we considered the City's internal control over financial reporting(internal control) as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, we do not express an opinion on the effectiveness of the City's internal control. Our consideration of internal control was for the limited purpose described in the preceding paragraph and would not necessarily identify all deficiencies in internal control that might be deficiencies, significant deficiencies or material weaknesses and, therefore, there can be no assurance that all deficiencies, significant deficiencies or material weaknesses have been identified. Material weaknesses and significant deficiencies identified, if any, are stated within this letter. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or combination of deficiencies in internal control, such that there is a reasonable possibility that a material misstatement of the City's financial statements will not be prevented or detected and corrected on a timely basis. A significant deficiency is a deficiency, or combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. The accompanying memorandum includes financial analysis and recommendations for improvement of accounting procedures and internal control measures that came to our attention as a result of our audit of the financial statements of the City for the year ended December 31, 2011. The matters discussed herein were considered by us during our audit and they do not modify the opinion expressed in our Independent Auditor's Report dated May 8, 2012, on such statements. 1 KOV This communication is intended solely for the information and use of management, the City Council, others within the City and state oversight agencies and is not intended to be and should not be used by anyone other than these specified parties. 11{,tih,4 Pe(4)4,eit 4, V- W. KERN, DEWENTER, VIERE, LTD. St. Cloud, Minnesota May 8, 2012 2 CITY OF EDEN PRAIRIE REQUIRED COMMUNICATION December 31, 2011 We have audited the financial statements of the City for the year ended December 31, 2011, and have issued our report dated May 8, 2012. Professional standards require that we provide you with the following information related to our audit. OUR RESPONSIBILITY UNDER U.S. GENERALLY ACCEPTED AUDITING STANDARDS, GOVERNMENT AUDITING STANDARDS AND OMB CIRCULAR A-133 As stated in our engagement letter, our responsibility, as described by professional standards, is to express an opinion about whether the financial statements prepared by management with your oversight are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles. Our audit of the financial statements does not relieve you or management of your responsibilities. Our responsibility is to plan and perform our audit to obtain reasonable, but not absolute, assurance that the financial statements are free of material misstatement. As part of our audit, we considered the internal control of the City. Such considerations were solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control. We are responsible for communicating significant matters related to the audit that are, in our professional judgment, relevant to your responsibilities in overseeing the financial reporting process. However, we are not required to design procedures specifically to identify such matters. As part of obtaining reasonable assurance about whether the City's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit. We also considered internal control over compliance with requirements that could have a direct and material effect on a major federal program in order to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with U.S. Office of Management and Budget(OMB) Circular A-133. Also, in accordance with OMB Circular A-133, we examined, on a test basis, evidence about the City's compliance with the types of compliance requirements described in the OMB Circular A-133 Compliance Supplement applicable to its major federal program for the purpose of expressing an opinion on the City's compliance with those requirements. While our audit provides a reasonable basis for our opinion, it does not provide a legal determination on the City's compliance with those requirements. PLANNED SCOPE AND TIMING OF THE AUDIT We performed the audit according to the planned scope and timing previously communicated to you. 3 CITY OF EDEN PRAIRIE REQUIRED COMMUNICATION December 31, 2011 QUALITATIVE ASPECTS OF ACCOUNTING PRACTICES Management is responsible for the selection and use of appropriate accounting policies. In accordance with the terms of our engagement letter, we will advise management about the appropriateness of accounting policies and their application. The significant accounting policies used by the City are described in Note 1 to the financial statements. The City implemented a new fund balance policy during the year ended December 31, 2011 to accommodate Governmental Accounting Standards Board(GASB) Statement No. 54,Fund Balance Reporting and Governmental Fund Type Definitions. We noted no transactions entered into during the year for which there is a lack of authoritative guidance or consensus. There are no significant transactions that have been recognized in the financial statements in a different period than when the transaction occurred. Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most significant estimates affecting the financial statements were: Depreciation—The City is currently depreciating its capital assets over their estimated useful lives, as determined by management, using the straight-line method. Land Held for Resale—Land held for resale is recorded using either the lower of historical cost or estimated resale value. We evaluated the key factors and assumptions used to develop the above estimate in determining it is reasonable in relation to the financial statements taken as a whole. The disclosures in the financial statements are neutral, consistent and clear. DIFFICULTIES ENCOUNTERED IN PERFORMING THE AUDIT We encountered no difficulties in dealing with management in performing and completing our audit. CORRECTED AND UNCORRECTED MISSTATEMENTS Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. Management has received a schedule summarizing uncorrected misstatements of the financial statements. Management has determined its effect is immaterial,both individually and in the aggregate, to the financial statements taken as a whole. 4 CITY OF EDEN PRAIRIE REQUIRED COMMUNICATION December 31, 2011 DISAGREEMENTS WITH MANAGEMENT For purposes of this letter,professional standards define a disagreement with management as a financial accounting, reporting or auditing matter,whether or not resolved to our satisfaction that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. MANAGEMENT REPRESENTATIONS We requested certain representations from management which were provided to us in the management representation letter MANAGEMENT CONSULTATIONS WITH OTHER INDEPENDENT ACCOUNTANTS In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a"second opinion" on certain situations. If a consultation involves application of an accounting principle to the City's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. We are not aware of any consultations by the City's management with other accountants during the course of our audit. OTHER ISSUES We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. OTHER INFORMATION IN DOCUMENTS CONTAINING AUDITED FINANCIAL STATEMENTS We have not reviewed, and it is our understanding, that no other published documents exist that contain audited financial statement information, for which we are currently auditing. As stated in our engagement letter, if you publish or reproduce the financial statements or make reference to our Firm name in relation to such documents, you agree to provide us with a copy of the final reproduced material for our approval before it is distributed. 5 CITY OF EDEN PRAIRIE FINANCIAL ANALYSIS December 31, 2011 The following pages provide graphic representation of select data pertaining to the financial position and operations of the City for the past five years. Our analysis of each graph is presented to provide a basis for discussion of past performance and how implementing certain changes may enhance future performance. We suggest you view each graph and document if our analysis is consistent with yours. A subsequent discussion of this information should be useful for planning purposes. GENERAL FUND During the year ended December 31, 2011, the City experienced a slight increase in General Fund revenues from $ 37,201,861 in 2010 to $ 37,365,765 in 2011. Changes in revenues by source are discussed on the following page. The General Fund revenues for 2011 and 2010 are depicted in the following pie charts. Overall, the various sources of revenue as a percentage of total revenue for the General Fund remained consistent from 2010 to 2011. 2011 General Fund Revenues Taxes and Assessments 74% Licenses and Permits 9% Intergovernmental 3% Other 3% Charges for Services 11% 2010 General Fund Revenues Taxes and Assessments 76% Licenses and Pemuts 8% Intergovernmental 3% Other 2% Charges for Services 11% 6 CITY OF EDEN PRAIRIE FINANCIAL ANALYSIS December 31, 2011 GENERAL FUND Trends for each of the City's major revenue classifications over the past five years are graphically portrayed in the chart below; illustrating the majority of revenue for the City is from property taxes, which makes up 74% of all General Fund revenues. In total, the City's General Fund revenues increased $ 2,631,305, or 7.6%, from 2007 to 2011. General Fund Revenues I $30,000,000 $27,500,000 $25,000,000 $22,500,000 $20,000,000 $17,500,000 $15,000,000 $12,500,000 — $10,000,000 $7,500,000 — $5,000,000 $2,500,000 ■ 7 i 7 7 • I ■ $ 2007 2008 2009 2010 2011 •Taxes and Assessments $25,413,994 $27,901,526 $27,987,435 $28,058,029 $27,763,741 ■Licenses and Permits 3,414,545 3,318,249 2,386,956 3,119,449 3,363,293 o Intergovernmental 1,231,867 1,138,398 1,096,969 1,122,980 1,143,397 •Charges for Services 2,881,485 4,106,763 3,506,697 4,010,186 4,202,734 ■Other 1,792,569 1,486,673 1,116,097 891,217 892,600 Taxes and assessments decreased $ 294,288 from 2010 to 2011 as the City received remittances for a significant amount of previously delinquent taxes in 2010. Charges for services increased$ 192,548 from $ 4,010,186 in 2010 to $ 4,202,734 in 2011 as a result of increased memberships and facility rentals at the Community Center. The General Fund also experienced an increase in licenses and permits for 2011 of$ 243,844, or 7.8%, resulting from an increase in permits and valuation of commercial remodeling. Intergovernmental revenues and other revenues, which includes fines and forfeitures, investment income and miscellaneous other revenue, have remained consistent with the prior years shown. 7 CITY OF EDEN PRAIRIE FINANCIAL ANALYSIS December 31, 2011 GENERAL FUND The graph below illustrates comparison of the General Fund budget to actual revenues. Overall, General Fund revenues were $ 2,085,049, or 5.9%, over budgeted amounts. Every category of revenue was over budgeted amounts in 2011. The most significant variance occurred within licenses and permits, which were $ 943,456, or 39.0%higher than budgeted as a result of conservative budgeting due to recent economic conditions. Charges for services were over budget by$ 799,453 due to the Community Center membership and facility rental revenues exceeding expectations. Intergovernmental revenues exceeded budgeted amounts by$ 131,398, or 13.0%, as a result of the City receiving several federal and state grants that were not anticipated. Taxes and assessments were over budget by$ 209,747, but as these amounts make up approximately 74% of General Fund revenues, this category is less than 1% over budget. [General Fund Revenues Budget and Actual $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 �� $ Taxes and Assessments Licenses and Permits Intergovernmental Charges for Services Other ■Budget $27,553,994 $2,419,837 $1,011,999 $3,403,281 $891,605 CI Actual 27,763,741 3,363,293 1,143,397 4,202,734 892,600 8 CITY OF EDEN PRAIRIE FINANCIAL ANALYSIS December 31, 2011 GENERAL FUND The pie charts below and graph on the following page represent an allocation of expenditures by function. 2011 General Fund Expenditures General Government Public Safety 15% 46% Debt Service Less than 1% Parks and Public Works Recreation 14% 25% 2010 General Fund Expenditures General Government Public Safety 15% 46% Debt Service Less than 1% Parks and Recreation Public Works 25% 14% 9 CITY OF EDEN PRAIRIE FINANCIAL ANALYSIS December 31, 2011 GENERAL FUND General Fund Expenditures $17,000,000 $15,300,000 - $13,600,000 $11,900,000 $10,200,000 - - $8,500,000 I $6,800,000 $5,100,000 - $3,400,000 11[]Illt $1,700,000 $- M. 2007 2008 2009 2010 2011 •General Government $10,620,629 $10,288,568 $5,508,084 $5,487,297 $5,477,705 •Public Safety 12,197,501 14,637,693 16,174,590 16,812,856 16,780,592 •Public Works 5,693,181 5,215,411 5,391,226 5,146,280 5,127,079 •Parks and Recreation 4,939,098 6,093,394 8,712,335 8,833,061 8,805,548 •Debt Service 34,227 125,934 44,852 44,852 44,853 Total General Fund expenditures remained consistent with expenditures in 2010, decreasing less than 1% overall. Expenditure categories have remained consistent with the prior year as a result of prudent spending. 10 CITY OF EDEN PRAIRIE FINANCIAL ANALYSIS December 31, 2011 GENERAL FUND The graph below illustrates the General Fund budget to actual expenditures comparison. Overall, General Fund expenditures were $ 308,536, or 0.8%, under budgeted amounts. General Fund Expenditures Budget and Actual $18,000,000 $16,000,000 $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 1 11 $2,000,000 $ General Government Public Safety Public Works Parks and Recreation Debt Service ■Budget $5,788,287 $16,772,045 $5,317,553 $8,621,388 $45,040 ❑Actual 5,477,705 16,780,592 5,127,079 8,805,548 44,853 The largest variance can be seen in general government, which was $ 310,582, or 5.3%,under budget. Nearly every area within general government was under budget during 2011, with most of the variance due to changes in staffing primarily in the Office of the City Manager, City Clerk, Human Resources and Customer Service. The City also budgets an amount for contingencies that was not used. Public works expenditures were $ 190,474, or 3.6%, under budget as a result of less than anticipated street repairs and maintenance activities. Parks and recreation expenditures were $ 184,160, or 2.1%, over budget as a result of Community Center activities and rentals exceeding anticipated usage levels. This variance was accompanied by Community Center revenues exceeding budgeted revenues, as explained previously. 11 CITY OF EDEN PRAIRIE FINANCIAL ANALYSIS December 31, 2011 GENERAL FUND General Fund Operations I $40,000,000 - $35,000,000 - $30,000,000 I al iii $25,000,000 2$ 0,000,000 MI 15 000 000 7 I I 1 10 000 000 1 1 I 1 $5,000,000 II II I 1 $ 2007 2008 2009 2010 2011 ■Revenues $34,734,460 $37,951,609 $36,094,154 $37,201,861 $37,365,765 ■Expenditures 33,484,636 36,361,000 35,831,087 36,324,346 36,235,777 1 o Cash Balance 20,201,797 21,149,750 21,026,781 21,426,934 22,017,792 ■Unassigned Fund 19,392,450 20,292,813 20,535,345 20,877,251 21,162,123 Balance As illustrated above, the General Fund unassigned fund balance has remained relatively consistent, increasing slightly from$ 19,392,450 at December 31, 2007 to $ 21,162,123 at December 31, 2011. Over the last five years, the City has been able to maintain steady cash and fund balances in a period of generally increasing costs and variable revenues. During 2011, the City implemented GASB Statement No. 54 and updated its fund balance policy to strive to maintain a minimum working capital fund balance not less than 50% of next year's budgeted tax revenue and a minimum budget stabilization fund balance not less than 15% of next year's budgeted expenditures in unassigned fund balance. As of December 31, 2011, the City's unassigned fund balance exceeded these two requirements by$ 157,794, which will be used for encumbrances. 12 CITY OF EDEN PRAIRIE FINANCIAL ANALYSIS December 31, 2011 TAX LEVY, CAPACITY AND RATES The graphs below and on the following page present information relating to the City's taxable market value, tax capacity, net tax levy and tax capacity rates. Over the past nine years, the City's estimated market value has increased 42.0% from $ 6,337,100,230 in 2003 to $ 9,000,112,969 in 2011. There is a two year lag in estimated market values as each year's value is based on property values estimated on January 1 of the prior year; thus, the 2011 estimated market value is based on values on January 1, 2010. As shown below,the 2011 estimated value declined for the second year as the declines in property values were starting to be reflected in estimated market value. As the housing market continued experiencing difficult times during 2009 and 2010, future estimated market values may decline. Estimated Market Value*1 $12,000,000,000 $10,000,000,000 - $8,000,000,000 $6,000,000,000 r p $4,000,000,000 0 $2,000,000,000 III $- 1111' ___A_ ! : 2003 2004 2005 2006 2007 2008 2009 2010 2011 * Values obtained from the League of Minnesota Cities Market Value and Tax Composition City by City for Taxes Payable reports for each respective year; 2002 data not available. 13 CITY OF EDEN PRAIRIE FINANCIAL ANALYSIS December 31, 2011 TAX LEVY, CAPACITY AND RATES Tax capacity is considered the actual base available for taxation and is calculated by applying the state's property classification system to each property's market value. As illustrated below, the taxable tax capacity of the City has increased $ 28,683,628, or 45.1%, since 2002. The City's net property tax levy (net of Market Value Credit and fiscal disparities adjustment) has increased 19.9%, or$ 4,719,259, in the same time frame. The tax capacity rate has been declining since 2002 as a result of increasing taxable tax capacity. In 2011, the tax capacity rate increased slightly when compared to 2010 as taxable tax capacity has decreased for the second consecutive time in the ten years presented. The levy for 2011 presented below includes the General Fund levy of$ 27,999,013 plus a levy for the various bonds and other uses of$ 4,210,660. The tax levy is then reduced by a Market Value Credit that is received in the form of a state aid. This aid reduces the amount of property tax revenue, but is reflected as intergovernmental revenue in the City's financial statements. In 2011, the full Market Value Credit state aid of$ 546,223 was unalloted by the State of Minnesota. Delinquent property tax activity also impacts the property tax revenue amount. Tax Capacity and Rates I $120,000,000 - - 40.00% — :::: . $100,000,000 — $80,000,000 25.00% $60,000,000 — — 20.00% — 15.00% $40,000,000 — 10.00% $20,000,000 — 5.00% $- — I I 0.00% 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Taxable Tax Capacity =Net Levy —A.—Tax Capacity Rate 14 CITY OF EDEN PRAIRIE FINANCIAL ANALYSIS December 31, 2011 TAX LEVY, CAPACITY AND RATES The chart below depicts average tax rates for the City, along with the average tax rates for the seven county metro area and all Minnesota cities for 2010 and 2011. Overall, the City has generally maintained a lower average tax rate when compared to the state and metro averages. For City residents, the total tax rate for all taxing entities is 1.28 % and 2.13% less than metro averages and for all Minnesota cities, respectively. All Cities Seven County City of State-Wide* Metro Area* Eden Prairie* 2010 2011 2010 2011 2010 2011 AVERAGE TAX RATE: City 39.26% 42.53% 36.03% 40.03% 28.55% 31.03% County 40.97% 43.74% 36.81% 42.13% 42.64% 45.84% School 22.97% 25.23% 24.00% 26.80% 25.68% 28.18% Special Taxing 5.87% 6.35% 6.45% 8.04% 9.57% 10.67% Total 109.07% 117.85% 103.29% 117.00% 106.44% 115.72% * Amounts obtained from the League of Minnesota Cities Property Tax Data Table reports. 15 CITY OF EDEN PRAIRIE FINANCIAL ANALYSIS December 31, 2011 ENTERPRISE FUNDS In 2011, the City's water and sewer utilities were separated into two distinct funds. As a result, only two years of operating information is available for analysis. Water Fund Water Fund operating revenues increased$ 1,171,430, or 18.3%, in 2011, due to an increase in rates to allow the City to better cover the costs of operations and a change in the City's fee structure to comply with new state requirements. Operating expenses increased$ 376,388, or 5.0%,primarily attributable to increased costs for an asset management and service order system and greater repairs and maintenance expenses in an effort to extend the life of the City's infrastructure and equipment. Given this activity, the Fund experienced an operating loss of$ 306,384, compared to an operating loss of$ 1,101,426 in 2010. Water Fund $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $- $(2,000,000) 2010 2011 •Operating Revenues $6,392,829 $7,564,259 •Operating Expenses 7,494,255 7,870,643 •Operating(Loss) (1,101,426) (306,384) 16 CITY OF EDEN PRAIRIE FINANCIAL ANALYSIS December 31, 2011 ENTERPRISE FUNDS Sewer Fund Sewer Fund revenues increased $ 368,973, or 8.4%, from 2010 to 2011 due to an increase in fees implemented to allow the City to cover operating costs. Operating expenses also increased 3.5% due to an increase in salary expenses allocated to the Fund based on actual time spent on sewer-related projects. With revenues increasing at a higher rate than expenses, the City's operating loss decreased from $ 2,012,497 in 2010 to $ 1,863,698 in 2011. In 2011, operating revenues were equivalent to 72% of operating expenditures, compared to 68% in 2010. Sewer Fund I $9,000,000 $7,000,000 $5,000,000 $3,000,000 $1,000,000 $(1,000,000) $(3,000,000) 2010 2011 •Operating Revenues $4,367,273 $4,736,246 •Operating Expenses 6,379,770 6,599,944 ❑Operating Loss (2,012,497) (1,863,698) 17 CITY OF EDEN PRAIRIE FINANCIAL ANALYSIS December 31, 2011 ENTERPRISE FUNDS Storm Drainage Fund The Storm Drainage Fund once again experienced an operating loss in 2011. In 2011, the City increased its utility rates by approximately 25 % in an effort to bring revenues in line with expenses. Furthermore, there were fewer projects in this fund in 2011, resulting in a decrease in expenditures. Overall, the Fund had an operating loss of$ 861,172, which has improved from the prior year by$ 258,620, or 23.1 %. Storm Drainage Fund I $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $- $(500,000) - $(1,000,000) - $(1,500,000) 2007 2008 2009 2010 2011 ■Operating Revenues $606,590 $818,523 $910,514 $863,229 $1,054,077 ■Operating Expenses 1,434,126 1,725,500 1,523,876 1,983,021 1,915,249 ❑Operating Loss (827,536) (906,977) (613,362) (1,119,792) (861,172) 18 CITY OF EDEN PRAIRIE FINANCIAL ANALYSIS December 31, 2011 ENTERPRISE FUNDS Liquor Fund The chart below shows the operations of the City's Liquor Fund for the past five years with the Building Fund removed. While gross profit remained consistent with 2010, the fund experienced an increase in gross profit of$ 213,757 over the past five years. The Fund also experienced an increase in expenses of $ 346,388 over the same period as a result of increased costs and various leasehold improvements to its existing locations. The Fund's operating income remained positive,with $ 916,287 operating income in 2011. After factoring in nonoperating revenues and expenses and transfers, net assets remained consistent with the prior year at $ 1,203,752. Liquor Fund] $3,500,000 l - — $3,000,000 :ill_ 171_ - $2,500,000 $2,000,000 $1,500,000 ID $1,000,000 $500,000 $- L 2007 2008 2009 2010 2011 ■Gross Profit $2,677,119 $2,784,205 $2,888,289 $2,913,571 $2,890,876 •Operating Expenses 1,628,201 1,767,796 1,877,958 1,905,372 1,974,589 O Operating Income 1,048,918 1,016,409 1,010,331 1,008,199 916,287 As depicted below, City liquor operations are consistent with Minnesota cities in the same geographical area. Overall, the City's gross profit percentage was consistent with the metro average for off-sale municipal stores and is within a percent of other cities shown. 2011 2010 City of City of Metro Eden Eden City of City of City of Municipal Prairie Prairie Edina* Richfield* Savage* Average* Sales $ 11,547,025 $ 11,524,121 $ 12,854,693 $ 11,117,676 $ 5,181,548 $ 6,512,493 Costs of Sales 8,656,149 8,610,550 9,467,169 8,310,154 3,841,671 4,870,412 Gross Profit 2,890,876 2,913,571 3,387,524 2,807,522 1,339,877 1,642,082 Operating Expenses 1,974,589 1,905,372 2,127,474 1,903,617 1,113,098 1,164,101 Operating Income 916,287 1,008,199 1,260,050 903,905 226,779 477,981 Gross Profit Percentage 25.0% 25.3% 26.4% 25.3% 25.9% 25.2% * Metro municipal averages obtained from the Office of State Auditor, off-sale operations for 2010. 19 CITY OF EDEN PRAIRIE FINANCIAL ANALYSIS December 31, 2011 GOVERNMENTAL ACTIVITIES The tables below and on the following page illustrate the City's various sources of revenue and expenditures per capita over a three year period in comparison to 2010 data for Minnesota cities ranked by various sizes. Governmental Funds Revenue Per Capita with State-Wide Averages by Population Class State-Wide* City of Eden Prairie Year December 31,2010 2009 2010 2011** Population 2,500-10,000 10,000-20,000 20,000-100,000 62,536 62,683 62,900 Property Taxes $ 386 $ 359 $ 407 $ 506 $ 506 $ 500 Tax Increments 45 52 56 52 55 50 Franchise Fees and Other Taxes 26 34 30 12 12 12 Special Assessments 74 61 65 26 21 21 Licenses and Permits 19 22 29 26 38 41 Intergovernmental Revenues 291 271 149 66 39 83 Charges for Services 89 83 76 56 63 67 Other 73 70 57 42 40 36 Total Revenue $ 1,003 $ 952 $ 869 $ 786 $ 773 $ 810 * State-wide data obtained from the Office of the State Auditor's 2010 Minnesota City Finances Report. ** Population is estimated as of January 1, 2011 from the Met Council population data study. The City receives little in intergovernmental revenues, including Local Government Aid and Market Value Credits and, thus, has consistently shown higher tax revenues per capita and lower intergovernmental revenues per capita compared to the state averages. Total governmental revenues increased$ 37 per capita from 2010. The most significant increase was in intergovernmental revenue, where the City received a significant amount of state MSA funding to cover the City's portion of costs for the Trunk Highway 169/494 interchange reconstruction project. Property taxes decreased $ 6 per capita as a result of a decrease in receipts for delinquent taxes from prior years. Tax increments also decreased per capital due to a refunding of TIF receipts resulting from a devaluation of property. 20 CITY OF EDEN PRAIRIE FINANCIAL ANALYSIS December 31, 2011 GOVERNMENTAL ACTIVITIES Governmental Funds Expenditures Per Capita with State-Wide Averages by Population Class State-Wide* City of Eden Prairie Year December 31,2010 2009 2010 2011** Population 2,500-10,000 10,000-20,000 20,000-100,000 62,536 62,683 62,900 Current: General Government $ 125 $ 102 $ 85 $ 88 $ 88 $ 87 Public Safety 227 223 235 259 268 267 Public Works 115 112 92 89 84 84 Parks and Recreation 75 93 87 139 142 140 Other 75 76 85 60 52 53 Total Current $ 617 $ 606 $ 584 $ 635 $ 634 $ 631 Capital Outlay and Construction $ 289 $ 312 $ 223 $ 131 $ 94 $ 138 Debt Service: Principal $ 180 $ 181 $ 111 $ 69 $ 62 $ 65 Interest and Fiscal 63 53 43 27 22 21 Total Debt Service $ 243 $ 234 $ 154 $ 96 $ 84 $ 86 * State-wide data obtained from the Office of the State Auditor's 2010 Minnesota City Finances Report. ** Population is estimated as of January 1, 2011 from the Met Council population data study. The City's current expenditures for 2011 were more than the state-wide average for a city of a comparable population. Overall, governmental expenditures increased approximately$ 2,916,000 from 2010 to 2011. The largest variances was observed in capital outlay, which increased$ 44 per capita in 2011 due to costs incurred for the City's portion of the construction costs on the Trunk Highway 169/494 interchange reconstruction project, as well as costs for the Flying Cloud Ballfield expansion. Despite additional projects in 2011, capital outlay per capita continues to stand below state-wide averages for all population categories. Debt service costs also remain well below state-wide averages for 2009-2011. 21 CITY OF EDEN PRAIRIE FINANCIAL ANALYSIS December 31, 2011 GOVERNMENTAL NET ASSETS Components of Net Assets I $250,000,000 — $56,235,986 $49,907,035 $50,954,497 $48,843,723 $225,000,000 $53,052,529 $200,000,0001.1 ■ M.$9,190,791 $175,000,000 M_$9,470,494 $8,882,954 m. S6,090,520 $6,231,872 $178,022,468 $150,000,000 $165,578,857 $169,874,219 $162,522,110 $125,000,000 $155,494,482 $100,000,000 $75,000,000 $50,000,000 $25,000,000 ■ $- 2007 2008 2009 2010 2011 ■Invested in Capital Assets,Net of Related Debt ❑Restricted •Unrestricted I The City's governmental net asset balance is comprised of the three categories listed in the above chart. Net assets invested in capital assets, net of related debt increased in 2011 as the City increased its assets more than it increased its debts. Restricted amounts are to be used on future debt payments. The unrestricted portion of net assets is the remaining balance that is not invested in capital assets or restricted for specific purposes. 22 CITY OF EDEN PRAIRIE Hennepin County,Minnesota SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND INDEPENDENT AUDITOR'S REPORTS For the Year Ended December 31,2011 CITY OF EDEN PRAIRIE TABLE OF CONTENTS SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS 1 NOTE TO THE SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS 2 REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS 3 REPORT ON COMPLIANCE WITH REQUIREMENTS THAT COULD HAVE A DIRECT AND MATERIAL EFFECT ON EACH MAJOR PROGRAM AND ON INTERNAL CONTROL OVER COMPLIANCE IN ACCORDANCE WITH OMB CIRCULAR A-133 5 SCHEDULE OF FINDINGS AND QUESTIONED COSTS IN ACCORDANCE WITH OMB CIRCULAR A-133 8 REPORT ON LEGAL COMPLIANCE 10 CITY OF EDEN PRAIRIE SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS For the Year Ended December 31,2011 Federal CFDA Federal Federal Agency/Pass Through Agency/Program Title Number Expenditures U.S.Department of Housing and Urban Development Direct: Community Development Block Grant 14.218 $ 422,102 U.S.Department of Transportation Passed through the Minnesota Department of Public Safety: Safe and Sober 20.600 32,459 Minimum Penalties for Repeat Offenders for Driving While Intoxicated 20.608 8,384 U.S.Department of Homeland Security Passed through the Minnesota.Commissioner of Public Safety: Homeland Security Grant Program 97.067 41,010 U.S.Department of Justice Direct: Bulletproof Vest Partnership Program 16.607 10,129 Passed through Hennepin County: Recovery Act Edward Byrne Memorial Justice Assistance Grant Program 16.804 27,320 U.S.Department of Energy Direct: Recovery Act Energy Efficiency and Conservation Block Grant 81.128 103,945 Total Federal Expenditures $ 645,349 The Note to the Schedule of Expenditures of Federal Awards is an integral part of this Schedule. 1 CITY OF EDEN PRAIRIE NOTE TO THE SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS December 31, 2011 NOTE 1 —BASIS OF PRESENTATION The accompanying Schedule of Expenditures of Federal Awards includes the federal grant activity of the City and is presented on the modified accrual basis of accounting. The information in this Schedule is presented in accordance with the requirements of U.S. Office of Management and Budget(OMB) Circular A-133, Audits of States, Local Governments and Nonprofit Organizations. Therefore, some amounts presented in this Schedule may differ from amounts presented in, or used in,the preparation of the basic financial statements. 2 �r KD Expert advice. When you need it.' REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Honorable Mayor and Members of the City Council City of Eden Prairie Eden Prairie, Minnesota We have audited the financial statements of the governmental activities, the business-type activities, each major fund and the aggregate remaining fund information of City of Eden Prairie, Minnesota, as of and for the year ended December 31, 2011, which collectively comprise the City's basic financial statements and have issued our report thereon dated May 8, 2012. We conducted our audit in accordance with U.S. generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. INTERNAL CONTROL OVER FINANCIAL REPORTING The management of the City is responsible for establishing and maintaining effective internal control over financial reporting. In planning and performing our audit, we considered the City's internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the City's internal control over financial reporting. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the financial statements will not be prevented or detected and corrected on a timely basis. Our consideration of the internal control over financial reporting was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in the internal control that might be deficiencies, significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses as defined above. 3 COMPLIANCE AND OTHER MATTERS As part of obtaining reasonable assurance about whether the City's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws,regulations, contracts and grant agreements,noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However,providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly,we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. This report is intended solely for the information and use of management, the City Council, federal awarding agencies and pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. KERN, DEWENTER, VIERS, LTD. St. Cloud, Minnesota May 8, 2012 4 1.(D\ Expert advice. When you need it."' REPORT ON COMPLIANCE WITH REQUIREMENTS THAT COULD HAVE A DIRECT AND MATERIAL EFFECT ON EACH MAJOR PROGRAM AND ON INTERNAL CONTROL OVER COMPLIANCE IN ACCORDANCE WITH OMB CIRCULAR A-133 Honorable Mayor and Members of the City Council City of Eden Prairie Eden Prairie, Minnesota COMPLIANCE We have audited the compliance of the City of Eden Prairie, Minnesota,with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) Circular A-133 Compliance Supplement that could have a direct and material effect on each of its major federal programs for the year ended December 31, 2011. The City's major federal programs are identified in the summary of auditor's results section of the accompanying Schedule of Findings and Questioned Costs in Accordance with OMB Circular A-133. Compliance with the requirements of laws,regulations, contracts and grants applicable to each of its major federal programs is the responsibility of the City's management. Our responsibility is to express an opinion on the City's compliance based on our audit. We conducted our audit of compliance in accordance with U.S. generally accepted auditing standards; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States and OMB Circular A-133, Audits of States, Local Governments and Nonprofit Organizations. Those Standards and OMB Circular A-133 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about the City's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination of the City's compliance with those requirements. In our opinion, the City of Eden Prairie,Minnesota, complied, in all material respects,with the requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended December 31, 2011. 5 KDV INTERNAL CONTROL OVER COMPLIANCE The management of the City is responsible for establishing and maintaining effective internal control over compliance with the requirements of laws,regulations, contracts and grants applicable to federal programs. In planning and performing our audit, we considered the City's internal control over compliance with the requirements that could have a direct and material effect on a major federal program to determine the auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with OMB Circular A-133,but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the City's internal control over compliance. A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and would not necessarily identify all deficiencies in internal control that might be deficiencies, significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above. SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS We have audited the financial statements of the governmental activities, the business-type activities, each major fund and the aggregate remaining fund information of the City of Eden Prairie, Minnesota, as of and for the year ended December 31, 2011, and have issued our report thereon dated May 8, 2012, which contained unqualified opinions on those financial statements. Our audit was performed for the purpose of forming opinions on the financial statements as a whole. The Schedule of Expenditures of Federal Awards is presented for purposes of additional analysis as required by OMB Circular A-133, Audits of States, Local Governments and Nonprofit Organizations, and is also not a required part of the financial statements. Such information is the responsibility of management and was derived from and relate directly to, the underlying accounting and other records used to prepare the financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other procedures in accordance with U.S. generally accepted auditing standards. In our opinion, the information is fairly stated, in all material respects in relation to the financial statements as a whole. 6 KD\T This report is intended solely for the information and use of the City Council,management and state and federal awarding agencies and pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. KERN, DEWENTER, VIERE, LTD. St. Cloud, Minnesota May 8, 2012 7 CITY OF EDEN PRAIRIE SCHEDULE OF FINDINGS AND QUESTIONED COSTS IN ACCORDANCE WITH OMB CIRCULAR A-133 December 31,2011 SECTION I—SUMMARY OF AUDITOR'S RESULTS Financial Statements Type of auditor's report issued: Unqualified Internal control over financial reporting: • Material weakness(es)identified? No • Significant deficiency(ies) identified that are not considered to be material weakness(es)? No Noncompliance material to financial statements noted? No Federal Awards Type of auditor's report issued on compliance for major programs: Unqualified Internal control over major programs: • Material weakness(es)identified? No • Significant deficiency(ies) identified that are not considered to be material weakness(es)? No Any audit findings disclosed that are required to be reported in accordance with Section 510(a) of OMB Circular A-133? No Identification of Major Programs CFDA No.: 81.128 Name of Federal Program or Cluster: Recovery Act Energy Efficiency and Conservation Block Grant Program 14.218 Community Development Block Grant Dollar threshold used to distinguish between type A and type B programs: $ 300,000 Auditee qualified as low risk auditee? Yes 8 CITY OF EDEN PRAIRIE SCHEDULE OF FINDINGS AND QUESTIONED COSTS IN ACCORDANCE WITH OMB CIRCULAR A-133 December 31,2011 SECTION II—FINANCIAL STATEMENT FINDINGS None SECTION III—FEDERAL AWARD FINDINGS AND QUESTIONED COSTS None 9 KD\hfr - Expert advice. When you need it.' REPORT ON LEGAL COMPLIANCE Honorable Mayor and Members of the City Council City of Eden Prairie Eden Prairie, Minnesota We have audited the financial statements of the governmental activities,the business-type activities, each major fund and the aggregate remaining fund information of the City of Eden Prairie, Minnesota, as of and for the year ended December 31, 2011,which collectively comprise the City's basic financial statements and have issued our report thereon dated May 8, 2012. We conducted our audit in accordance with U.S. generally accepted auditing standards and the provisions of the Minnesota Legal Compliance Audit Guide for Political Subdivisions, promulgated by the State Auditor pursuant to Minnesota Statutes Sec. 6.65. Accordingly, the audit included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. The Minnesota Legal Compliance Audit Guide for Political Subdivisions covers seven categories of compliance to be tested: contracting and bidding, deposits and investments, conflicts of interest, public indebtedness, claims and disbursements, miscellaneous provisions and Tax Increment Financing. Our study included all of the listed categories. The results of our tests indicate that for the items tested, the City complied with the material terms and conditions of applicable legal provisions. This report is intended solely for the information and use of the City Council, management and the Office of the State Auditor, and is not intended to be and should not be used by anyone other than these specified parties. U... 1, GAP KERN, DEWENTER, VIERE, LTD. St. Cloud,Minnesota May 8, 2012 10 ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MAY 1, 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 Council Member Nelson was absent. I. STRATEGIC PLAN FOR HOUSING & ECONOMIC DEVELOPMENT—PART III City Manager Rick Getschow said this workshop is the third in a series of three to update the City Council about housing and economic development initiatives and obtain input and direction from the Council for the new strategic plan. Community Development Director Janet Jeremiah reviewed timing, priority and funding for projects in four areas: Southwest LRT, MCA/Town Center, Economic Development and Housing. Jeremiah also reviewed balances and projections for TIF and Economic Development funds. Jeremiah said staff is specifically looking for input on the following questions: • MCA Streetscape/Wayfinding • Continue $400,000 per year maximum from Economic Development Fund? • Continue policy of public/private funding partnership at 80% contribution from businesses and 20% contribution from the City? • Pursue buy-in for larger special service districts or work with redevelopment only? • MCA Public Art(or TOD or City-Wide?) • Should staff pursue more aggressively? • Make part of development requirements or create incentives? • Town Center Land Use Regulations • Step back from policy to proactively rezone to match the comp plan? • Consider comp plan text to rezone most when redevelopment proposed? (Allow most to have additions under current zoning?) • Transportation Projects for Economic Development • Is the Shady Oak Bridge the priority for TIF Pooled Funds/project amendment? • Singletree Lane Phase II Reconstruction City Council Workshop Minutes May 1, 2012 Page 2 • Should the Singletree—W. 78th Street Realignment be considered in association with LRT alternatives? ■ Housing • Extend affordability of existing TIF housing projects? • Pursue acquisition from MNDOT/Grants/RFP for Scenic Heights Green Mid- Market Single-Family Neighborhood? • Consider rehab assistance and new affordability requirements for Chestnut Apartments? City Council Feedback Mayor Tyra-Lukens said $400,000 seems like a reasonable amount for the MCA streetscape/wayfinding, but does not want to see the City get boxed in by a particular number. Council Member Aho said the 80/20 private/public partnership seems reasonable. Jeremiah said feedback from the Chamber of Commerce and some businesses is that an 80 private contribution is too high. Tyra-Lukens said special service districts might make sense one LRT is in place. Aho said a special service district might be appropriate in conjunction with a redevelopment project. Council Member Butcher Wickstrom asked if the City has a public art policy. Parks and Recreation Director Jay Lotthammer said staff is currently looking at public art in conjunction with future LRT stations. Tyra-Lukens said she wants to pursue public art and water elements because they can help create a downtown feel; however, she does not favor an aggressive approach. She suggested using incentives, such as density increases or setbacks. Aho said he would expand the discussion of public art to include entrance monuments. Tyra-Lukens suggested looking at what policies other cities are using to encourage public art. Council Member Case suggested bringing the Heritage Preservation Commission into the public art discussion. He feels they could helpful in identifying the City's "icons." Jeremiah asked if the Council feels it makes sense to move forward on neighborhood commercial in southwest Eden Prairie. Council Member Case asked where it would be located. City Planner Mike Franzen said there are six or seven sites along Pioneer trail that might work; however there may be issues with established land uses. Jeremiah said current the current funding scenario has $2 million going toward construction of the Shady Oak Bridge, leaving only $500,000 for other transportation projects. She asked how Council feels about that. Aho said the Shady Oak Bridge is a critical project, and encouraged staff to look at how the City can support getting it done. Mayor Tyra-Lukens said she would like to see the Singletree Phase 2 Reconstruction Project put off until it can be done in conjunction with LRT. City Council Workshop Minutes May 1, 2012 Page 3 Jeremiah asked whether or not the Council is interested in extending TIF affordable housing districts. Tyra-Lukens said she would like to know how much it would cost and whether or not it would count toward our Met Council affordable housing goals. Jeremiah asked whether or not the Council wants staff to pursue acquisition of the Scenic Heights parcel from MNDOT for a green neighborhood development. Tyra-Lukens asked if there are grants available. Jeremiah said it may qualify for a Livable Communities grant. Aho said he prefers that the City not buy the parcel. He would rather use incentives to encourage an independent developer. Tyra-Lukens said she agrees that rehab assistance for Chestnut Apartments should remain a medium priority. Open Podium - Council Chamber II. OPEN PODIUM III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,MAY 1,2012 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. SENIOR AWARENESS PROCLAMATION Mayor Tyra-Lukens read a proclamation proclaiming May 2012 as Senior Awareness month. Jacque Tornoe, Senior Center Advisory Committee, reviewed the activities scheduled during Senior Awareness month. B. TOUR DE TONKA Tim Litfin, Minnetonka Community Education Director, gave a PowerPoint overview of the upcoming Tour de Tonka that will be held Saturday, August 4. He presented a plaque to Mayor Tyra-Lukens honoring Eden Prairie's support of the Tour de Tonka. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added Item XIV.A.1. MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES CITY COUNCIL MINUTES May 1,2012 Page 2 A. COUNCIL WORKSHOP HELD TUESDAY, APRIL 17, 2012 MOTION: Case moved, seconded by Nelson, to approve the minutes of the Council workshop held Tuesday, April 17, 2012 as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,APRIL 17, 2012 MOTION: Aho moved, seconded by Case, to approve the minutes of the City Council meeting held Tuesday, April 17, 2012 as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. APPROVE SECOND READING OF ORDINANCE NO. 9-2012 ADDING CITY CODE SECTION 5.74 RELATING TO REGULATING USE OF COAL TAR-BASED SEALER PRODUCTS AND ADOPT RESOLUTION NO. 2012-73 APPROVING SUMMARY ORDINANCE FOR PUBLICATION B. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR CONSTRUCTION PHASE SERVICES FOR PRAIRIE CENTER DRIVE WATERMAIN IMPROVEMENTS C. APPROVE PROPOSAL FROM ALLIED WASTE FOR CITY CLEANUP D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BARR ENGINEERING FOR REPAIRS OF TWO STORMWATER TREATMENT AREAS SOUTH OF RIVERVIEW ROAD E. APPROVE PLAN AND SPECS FOR FLYING CLOUD DRIVE SANTITARY SEWER REPLACEMENT PROJECT F. AWARD 2012 BITUMINOUS CRACKSEALING PROJECT G. AWARD PRAIRIE CENTER DRIVE WATERMAIN PROJECT TO PARROTT H. ADOPT RESOLUTION NO. 2012-74 GRANTING UNITED HEALTHCARE SERVICES INC. A VARIANCE FROM CITY CODE SECTION 12.50 SUBD.4B. FOR CITY WEST CORPORATE ADDITION I. ADOPT RESOLUTION NO. 2012-75 APPROVING CONSTRUCTION COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY AND THE CITY OF MINNETONKA FOR THE NORTHERN SEGEMENT OF SHADY OAK ROAD IMPROVEMENTS J. PROCLAMATION RECOGNIZING CENTRAL MIDDLE SCHOOL PARAPROFESSIONALS CITY COUNCIL MINUTES May 1,2012 Page 3 K. ADOPT RESOLUTION NO. 2012-76 AUTHORIZING ACQUISITION OF EASEMENTS FOR FLYING CLOUD DRIVE SANITARY SEWER REPLACEMENT PROJECT MOTION: Nelson moved, seconded by Case, to approve Items A-K on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. EDENDALE PARKING EXPANSION & SITE IMPROVEMENT by Edendale Residence Inc. Request for: Planned Unit Development Concept Amendment on 3.25 acres, Planned Unit District Review with waivers on 3.25 acres, Zoning District Amendment within the RM-2.5 Zoning District on 3.25 acres and Site Plan Review on 3.25 acres. Location: 16700 Main St. (Resolution for PUD Concept Review) Getschow said official notice of this public hearing was published in the April 19, 2012,Eden Prairie News and sent to 48 property owners. Edendale has 61 units, but only 40 existing parking spaces. Edendale wants to add 22 parking spaces and a 2 car garage. These are permitted uses in the RM-2.5 Zoning District. The parking and the garage meet the required setbacks. The proposed screening plan for the single family homes to the north is a 6 foot high fence and tree replacement. The Planning Commission first reviewed this project at the March 26, 2012 meeting and continued discussion to allow the applicant to meet with the neighbors to the north about the proposed screening plan. At the April 9, 2012 meeting the Planning Commission voted 7-0 to recommend approval of the plan which had been revised to include a 6 foot high fence, earth tone colors for the garage, and shorter light poles. Wade Johnson, Outland Builders, reviewed the project. He said the additional parking will be built on the eastern portion of the property. There will be a rain garden to control storm water runoff. In addition to the 6 foot high fence, they will place trees for screening along the fence. They also plan to clean up some issues that exist from the original construction and replace the berm with a retaining wall. Gerald Beauvais, 7735 Meadow Lane, said he owns the property directly to the north of the project. When Edendale first went up it was the highest building in Eden Prairie, and it looked straight down onto his home. At that time they asked for some sort of berming to help hide the building. Some shrubs and trees were put in by the builder; however, the trees died. There is now some growth filling in that area, but that will come out because of putting in the parking lot. He would like the parking lot to be placed as far away from his property as possible. He got a copy of the revised plan from the Planning Department, but he could not tell where the trees and shrubs will be placed. He would prefer this to be a single loaded parking lot that was moved further to the south away from his property. Tyra-Lukens said the plan looks tight for emergency vehicle access. Jeremiah said it isn't too late to consider other options. She suggested they could work with the CITY COUNCIL MINUTES May 1,2012 Page 4 developer on an alternative plan. She thought there is some purpose for a senior building to have a drop-off area. Staff believes it may be possible to configure the plan in a way to conserve more of the woods and move it back from the residential area. Tyra-Lukens asked if the tree mass would be removed for the parking lot. Johnson said it would. He said they did a number of studies trying to show a single loaded parking option further to the south; however, the area to the south is loaded with large trees so the tree replacement becomes insurmountable. He said the turn-around is non-negotiable because there are often deliveries made to the building. Parking to the west of the building is not a viable option. Basil Wissner, 8293 Mitchell Road, said a shopping bus that requires a large turn around makes regular stops at Edendale. The bus would not be able to serve the community if the turnaround is eliminated. There are also a lot of Metro Mobility buses that use the turnaround area. He recommended three or four of the parking spots in front of the building be moved to the north and east and that would get all the spots they need. Mr. Beauvais said the parking lot and the new garage will be right behind his bedroom. He also saw the garage as a possible food and beverage outlet for this building and he would like them to provide a written statement that would not occur. Barbara Kuhlman, Director of Operations for Edendale, said it would not be their intent to ever create a concession stand or to use the structure for storing food or beverages. Their events are held on the patio. She did not feel they would ever be bad neighbors, but to provide a written statement about the usage would be an unreasonable constraint. Mr. Beauvais said this is not a neighborhood, rather it is an apartment building that has 60 residents and is 20 feet away from the back lot line. He asked that they put some sort of shrubs and trees to help block the back of the garage. Nelson asked what use they envision for the two-car garage. Kuhlman said it will be used for storage and maintenance work because their building has no storage for seasonal decorations or maintenance equipment. It would mainly be used during business hours. MOTION: Case moved, seconded by Nelson, to close the public hearing. Motion carried 5-0. Another member of the audience stated their desire to speak on the project. MOTION: Case moved, seconded by Nelson, to reopen the public hearing. Motion carried 5-0. Mary Beth Rojina said she lives in the cul-de-sac next to Mr. Beauvais. She said the lights from seven of the parking spaces will be beaming into her living room if the parking lot is built along the north edge. She asked if the fence could be angled CITY COUNCIL MINUTES May 1,2012 Page 5 northwest so she does not get the light beams. Johnson replied the fence will be along the north edge. Tyra-Lukens asked if screening of the angled parking spaces would help. Ms Rojina said that would help. MOTION: Case moved, seconded by Aho, to close the public hearing. Motion carried 5-0. Case said this is the kind of transition between zoning areas that we try to avoid in the City. This has high density next to residential areas. Any time changes occur we need to honor the proponent, but we also owe it to the people that live here to mitigate the impact as much as possible. By taking out the tree mass he thought it falls into the proponent's lap to fix that situation. It is in our power to help protect the residents that are living there. He said he could not find any topography lines on the northern side on the drawing so he couldn't tell what the grades are. If it is flat, the lights will go right into Ms Rojina's living room as she has stated. He wanted to make sure the mitigations are helpful to the people who are impacted. Edendale needs a parking lot for the residents, and it seems the original project wasn't done adequately. It feels like there are too many problems with this project so he thought we should review the project again. Tyra-Lukens said she agreed. She asked if there were proof of parking requirements in place when the original proposal was brought forward. Jeremiah did not believe there was anything in place at the time. Nelson asked if they looked at a double row of parking spots immediately behind the long row next to the building. There would need to be an access road behind that but it might not have to go so far off to the side. The lights would then face the Edendale building. Jeremiah said she was not sure we have looked at that option,but staff can look at that before coming back for final approval. Butcher Wickstrom thought there are so many questions that we need to turn this back to staff to have them look at it again. The Council has talked about our concerns and we also received the public comment. MOTION: Aho moved, seconded by Nelson, to direct staff to investigate all options to accommodate some of the concerns voiced tonight by the residents and the Council and to bring back the project within the time period allowed. Motion carried 5-0. B. THE MEADOWS AT RILEY CREEK 2012 by Marsh Cove, LLC. Request for: Zoning District Change from Rural to R1-13.5 on 5.03 acres and Preliminary Plat of 5.03 acres into 12 lots and 1 outlot. Location: 9845 Sky Lane. (Resolution No. 2012-77 for Preliminary Plat) Getschow said official notice of this public hearing was published in the April 19, 2012,Eden Prairie News and sent to 23 property owners. This is a 12 lot single family subdivision that conforms to the requirements of the R1-13.5 Zoning CITY COUNCIL MINUTES May 1,2012 Page 6 District. The Planning Commission voted 7-0 to recommend approval of the project at the April 9, 2012 meeting. Steve Bona, JMS Custom Homes, said there have been many different iterations of this project. The current proposal is for 12 lots including the existing home. The proposed layout does not require any waivers. Robin Smith, 9765 Sky Lane, said there is an easement required that covers this property, the Driver property and his property. He said there was some debate as to whether that piece would be committed to an easement for a future roadway to develop the property to the north. Rosow said he has drafted and circulated documents to do what Mr. Smith is talking about. He said the attorney for Mr. Rempfer told him this afternoon that Mr. Rempfer was not willing to provide the easement ahead of his closing on the sale to the developer. The area of the easement would have covered the portion of his property included in the plat to be dedicated for roadway. Rosow said his understanding was that the transaction would consist of the three parties coming together at once. He said he had a call into the City Engineer to discuss that but hasn't heard back from him. Tyra-Lukens asked if there should be some wording in the motion to address the concern. Rosow said he did not believe this plat is dependent on that. Tyra-Lukens asked if the easement would go into effect at closing. Rosow said Mr. Rempfer did not want to grant the easements ahead of his development unless all three parties granted it at the same time. Mr. Bona said Mr. and Mrs. Rempfer were out of town when the plan to arrange for the easements was put together. The Planning Commission recommended approval of the plat stating that this triangular piece of property should be included as right- of-way for the future road. The Rempfer property is not landlocked from the public right of way. He is working with other property owners to coordinate the easement. He believes Mr. Smith and Mr. Driver will sign agreements and place them in the title company until all parties sign. He said they are dedicating that piece of property for public right of way. MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing; to approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to R1-13.5 on 5.03 acres; to adopt Resolution No. 2012-77 for Preliminary Plat on 5.03 acres into 12 lots; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Case said he thought we recently had some stipulation with Hennepin Village Site B that they would fix Eden Prairie Road if they damaged it during their construction. He noted this project is about 25% of the impact of that project, so he asked if there is anything in here similar to the agreement with Hennepin Site B. He also asked what the future plan is for redoing Eden Prairie Road. Ellis replied the development agreement for Hennepin Site B required inspection of Eden Prairie Road during their construction; however, there will be a lot more construction traffic with that CITY COUNCIL MINUTES May 1,2012 Page 7 development because of Prospect Road construction. He didn't think there is a need to add additional cost to future projects that come forward. The permanent assessments for improvements with Eden Prairie Road will be shared by all of the neighborhoods in the area. Case noted Hennepin Village Site B was 52 homes but this is 12 lots, so it has to be a significant chunk of what the impact of Hennepin Site B would be. We could be setting a precedent that says only Hennepin Site B has the burden of dealing with it. Ellis said the developer of Hennepin Village Site B is aware they have a burden of some additional costs because they were the first to develop the property. Nelson asked if the 12 properties will be done with wells and septic systems. Ellis said Sky Lane has City services available so the project will have City services. VOTE ON THE MOTION: Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Butcher Wickstrom moved, seconded by Case, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Butcher Wickstrom, Case,Nelson and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Town Hall Meetings--Mayor Tyra-Lukens Tyra-Lukens said we planned to have three town hall meetings this year. The second one will be held Thursday, May 24 at the Star Bank Community Room from 7:30 to 9:00 AM and will focus on business issues. She noted anyone in the community is welcome to attend. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Update on Traffic Related Issues CITY COUNCIL MINUTES May 1,2012 Page 8 Ellis said Council Members brought up a number of traffic related issues at the last meeting. Flashing yellow arrow signal intersections: Ellis said there are currently six intersections in Eden Prairie with the flashing yellow arrow signals. The City partnered with Hennepin County for five of the intersections. The County provided the labor needed to install the equipment while the City funded the equipment. He said staff will continue to work with MnDOT and Hennepin County on this. Four or five more retrofits are planned for 2012. He noted the expense to install them depends on the retrofit required. They are very popular, but not all intersections will be good candidates for the retrofit. Bottleneck at Hwy 5 and 212 merge area: Ellis said staff does not know the exact solution for this problem, but they do know it exists. It will take some detailed traffic modeling to analyze the situation, but they believe it should be studied along with the proposed SWLRT alignment. Staff will consider how best to pursue this issue. Interstate 494 at Flying Cloud Drive: Ellis said they asked MnDOT to examine the vehicle detectors to make sure they are working properly. This intersection is one of 30 other signalized intersections in the Major Center Area that are coordinated together. They will take a closer look at it. Preserve Boulevard and Anderson Lakes Parkway: Ellis said they have a project in the CIP for 2016 or 2017 to add a southbound lane on Preserve Boulevard and a possible second left turn receiving lane on Anderson Lakes Parkway. They believe the improvements underway on I-494 and Hwy 169 may change traffic patterns in this area, so they are waiting to review the situation once those improvements are completed. Nelson said that corner is very dangerous to the point where most of the neighborhood avoids that corner. She didn't think anyone would let a child cross to the school by themselves at that intersection because so few people stop. There is a lot more involved to this corner than just traffic backup. An extra lane wouldn't add to the safety at the intersection. Before any construction is started, we need to look into the situation at that corner. She urged staff to take a closer look and consider some signage at the intersection. Case said we should not wait until 2016. It is a badly backed up intersection at rush hour. Ellis said staff can take a look to see if there are intermediate measures to take. Spring Road and Prospect Road: Ellis said the traffic study showed this intersection does not meet signal warrants, nor is it even close to meeting those. It is a Hennepin County jurisdiction highway. There was one minor vehicle accident at the intersection in the past three years. There is a marked CITY COUNCIL MINUTES May 1,2012 Page 9 crosswalk, and it is adequately signed. Staff would like to wait to see what happens with the Prospect Road connection as it might be a little premature to put in anything like a flashing amber beacon or a traffic signal at this point. Future traffic signal needs: Ellis said we have 75 traffic signals in Eden Prairie now, and every intersection that warrants one has one in place. In the future there may be additional signals needed in the Golden Triangle area. At that point staff would do a traffic study with Hennepin County and MnDOT, but for now staff feels comfortable signals are in place where they are needed. Aho noted the signal at Valley View and Topview is one of the old style signals, and asked what it would take to get that updated. Ellis said they have talked about a possible jurisdictional swap with Hennepin County for Shady Oak Road and Valley View Road. The upgrade would cost $100,000- 200,000, so it is scheduled out a number of years. Nelson said she has heard complaints about the long wait times going out of Hennepin Technical College onto Flying Cloud Drive. She asked if there is anything that could be done to get more turn time there so students don't have to wait so long to leave the school. Ellis said staff could contact Hennepin Tech and see when their release times are scheduled. Nelson said that would be good. Tyra-Lukens thanked Mr. Ellis for his presentation. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Butcher Wickstrom, to adjourn the City Council Meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:23 PM. CITY COUNCIL AGENDA DATE: May 15, 2012 SECTION: Reports of Advisory Boards & Commissions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.A. Community Development/Planning Flying Cloud Airport Advisory Janet Jeremiah Commission 2011 Report and 2012 Scott Kipp Goals and Work Plan Requested Action Move to: Receive the Flying Cloud Airport Advisory Commission 2011 Report and Approve its 2012 Goals and Work Plan. Synopsis The Annual Report addresses activities of the Commission in 2011 which focused on education and information about Flying Cloud Airport to various constituent groups, to increase visibility of and communications from the Commission, and to continue to monitor the Final Agreement. The Commission proposes similar goals for 2012, which include working to reduce nighttime noise and work with the City and MAC to improve the appearance of the airport. The Flying Cloud Airport Advisory Commission will be meeting with the City Council at the May 15, 2012 City Council Workshop to present its 2011 Report and 2012 Goals and Work Plan. Some of the Commission's 2011 activities and areas of review included the following: • Focus on reducing nighttime noise and Helicopter complaints. • 2011 Update to the Flying Cloud Airport Security Guide. • MAC landscaping and aesthetic improvements on south side of airport. • Continue improvements to, and use of, the City's website on Flying Cloud Airport. • Tour of airport and control tower, and meetings with various businesses on the field. • Improvements to noise complaint letters. • MAC/Control Tower established helicopter hovering and pattern work on the airport. • Monitor the progress of the Flying Cloud Joint Airport Zoning Board. • 2010 Year End Report and 2011 Goals and Work Plan. • Students on Commission Representatives. • Mac/city police mtg on airport security and crime prevention. • Briefed on new airport watch program. • Monitoring MAC's Long Term Comprehensive Plan. • Monitoring the non-aeronautical development. • Attention to noise complaints. • Provide noise information on itinerant aircraft. • Noise complaints at commission meetings addressed. • Operator of the year. • Thunderbird Aviation construction. • Improving pilot education on noise abatement. • Website improvement. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 15, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Christy Weigel, Clerk's License Application List Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Amendment to Liquor License 2AM Closing Permit - Renewal Santorini Y Not, Inc. DBA: Santorini Raffle Organization: Starkey Hearing Foundation Place: Olympic Hills Golf Club 10625 Mount Curve Road Date: August 3, 2012 Organization: The Eden Prairie Crime Prevention and Criminal Apprehension Fund Place: Grace Church 9301 Eden Prairie Road Date: June 11, 2012 - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 15, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILB. Community Development/Planning Flying Cloud Landfill Subdivision Janet Jeremiah/Regina Rojas Requested Action Move to: Approve 2nd Reading of the Ordinance for Zoning District Change from Rural to 1-2 on 12.4 acres. Synopsis This is for second reading of the zoning change to rezone 12 acres of land for Allied Waste Services' business operations. Since no construction is proposed, a Development Agreement is not required. The final plat of 263.32 acres into one lot, and Outlots A and B, and road right of way that would allow ownership to be transferred to the MPCA, will occur at a subsequent City Council meeting. A condition of the release of the Final Plat is to provide the City with a cross access and maintenance agreement Lot 1 and Outlot A. This will allow the MPCA access to Flying Cloud Drive. The City is no longer requesting dedication of Outlot B due to the monitoring wells located in the proposed outlot. Background Information The 120-Day Review Period Expires on June 15, 2012. Attachments 1. Ordinance for Zoning Change 2. Summary Ordinance FLYING CLOUD LANDFILL SUBDIVISION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the I-2 District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the I-2 District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of April, 2012, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 15th day of May, 2012. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2012. EXHIBIT A LEGAL DESCRIPTION Proposed Land to be rezoned from Rural to I-2 (Industrial Park) Lot 1, Block 1, FLYING CLOUD ADDITION, according to the recorded plat thereof', Hennepin County, Minnesota, except those parts of said Lot 1 previously removed from the Rural District and included in the I-2 Park District. / / //�1 / Z- N ZONING SKETCH ,,,111 'J/NG 0 200 400 / PROPOSED LAND TO BE REZONED FROM / RURAL TO I-2 INDUSTRIAL PARK SCALE IN FEET /�• I-2 Zd✓fPE / 1 �hPPRO%IMAIE-PER MAP] Lot I.Block I.FLYING CLOUD ADDITION. Hen to thmy recorded plot thereof. / Hennepinrtsofold County.Minnesota,except those ports of said Lot previously removed 2m / the Rural clstrict and included in the1-2 ��J Pork District. n1I Note: The plot of FLYING CLOUD ADDITION 1. hos not been flied us of June 8.2011 ���G ///yy ��41G /�-f' 1. ZONING ll� / DENOTES LAND TO BE REZ DNED FROM 4IP •i RURAL TO I-2(INDUSTRIAL PARK} j' AREA, 540.000Y-sq,ft.or 12.4i-acres ------------------ 4 N • ADDITION- -- r I hereby certlty that this sketch,plan,or report wa s prepared.by me ar un tler my tllrect supervision antl that am a tluly,Licensed Land.Surveyor under the 11 laws of the State of Mln neota. j ALA7A RI• I Dated this 8th day of June,2011 Na SUNCE LAND SURVEYIN LLC. \ ,_ PRE• r BY ..,n,.... P k S.Honson,P.L.S. Minn.Llc, No, 154811 40\ - / 0,11 FYRAL ZONING 0 \vv/ RURAL WING ssSUNDE sm Mom 0FF: DWSIIXYSYfNG eez-eei-za'sin ern«Ieso-�a al 11B mio_ men3.is�°.g.n,mia.namip,,.,p or= r.a.m.. y,Perk.Minn.7ez-769-.1e FLYING CLOUD LANDFILL SUBDIVISION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 10-2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 9813 Flying Cloud Drive, from Rural to I-2 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2012. (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 15, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Community Development/Planning Hennepin Village Site B Toll 2012 Janet Jeremiah/Michael Franzen Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review and Zoning District Change from Rural to R1-13.5; and • Approve the Development Agreement for Hennepin Village Site B Toll 2012; and • Approve and Authorize Issuance of a Grading Permit for Hennepin Village Site B Toll 2012, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated March 20, 2012, as approved by the City Council. Synopsis This is final approval of a plan for 52 single family lots. Background Information The 120-Day Review Period Expires on May 19, 2012. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Development Agreement HENNEPIN VILLAGE SITE B TOLL 2012 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 11-2012-PUD-6-2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the R1-13.5 Zoning District 12-2012-PUD-6-2012 (hereinafter "PUD-6-20 1 2-R1-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of May 15, 2012 entered into between Toll, Inc, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-6-2012-R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-6-2012-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-6-2012-R1-13.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-6-2012-R1-13.5 are justified by the design of the development described therein. D. PUD-6-2012-R1-13.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and placed in the R1-13.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-6-2012-R1-13.5 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of March, 2012, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 15th day of May, 2012. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2012. EXHIBIT A Legal Description of Area to be Rezoned All of the following described Parcels 1,2,3,and 4: Parcel 1: Outlot A and Lot 3,Block 1,SPRING HEIGHTS,according to the recorded plat thereof,Hennepin County,Minnesota. Parcel 2: That part of the Northeast Quarter of the Southeast Quarter of Section 29,Township 116,Range 22, Hennepin County,Minnesota,lying Northwesterly of the centerline of Hennepin County State Aid Highway No.4. Excepting therefrom the following described tract:Commencing at the Northeast corner of said Northeast Quarter of the Southeast Quarter;thence on a assumed bearing of South, along the East line thereof,a distance of 522.70 feet to the actual point of beginning:thence continue South,along said East line,a distance of 383.94 feet;thence North 15 degrees,46 minutes, 19 seconds West,a distance of 358.33 feet;thence Northeasterly to the point of beginning. Parcel 3: Tracts A and B,Registered Land Survey No.465,Files of the Registrar of Titles,Hennepin County, Minnesota. Parcel 4: That part of the Southeast Quarter of the Northeast Quarter of Section 29,Township 116,Range 22, lying Easterly of the centerline of Village Road(now Eden Prairie Road), Northerly of Registered Land Survey No.465,and Southerly of line described as commencing at the Southeast corner of said Southeast Quarter of the Northeast Quarter;thence North,along the East line of said Southeast Quarter of the Northeast Quarter,a distance of 681.13 feet to the point of beginning of the line to be described;thence Westerly,deflecting to the left 87 degrees,43 minutes,44 seconds,a distance of 1316.94 feet,more or less,to the West line of said Southeast Quarter of the Northeast Quarter and there terminating. EXCEPT that part thereof described as lying southeasterly,easterly,and southerly of the following described line: Commencing at the southwest corner of said Outlot A,SPRING HEIGHTS;thence on an assumed bearing of South 89 degrees 00 minutes 39 seconds East,along the south line of said Outlot A,a distance of 249.68 feet to the point of beginning of the land to be described;thence North 32 degrees 36 minutes 40 seconds East a distance of 554.02 feet;thence North 29 degrees 10 minutes 34 seconds East a distance of 109.92 feet;thence North 15 degrees 48 minutes 48 seconds East a distance of 119.82 feet;thence North 03 degrees 36 minutes 35 seconds East a distance of 107.39 feet;thence North 04 degrees 57 minutes 46 seconds West a distance of 268.00 feet;thence on a bearing of North a distance of 479.07 feet;thence North 40 degrees 18 minutes 28 seconds West a distance of 141.48 feet;thence South 86 degrees 45 minutes 18 seconds East a distance of 101.61 feet;thence northeasterly a distance of 129.79 feet along a tangential curve concave to the northwest having a radius of 274.00 feet and a central angle of 27 degrees 08 minutes 24 seconds; thence North 66 degrees 06 minutes 17 seconds East,tangent to the last described curve,a distance of 130.48 feet;thence northeasterly a distance of 157.92 feet along a tangential curve concave to the northwest having a radius of 254.00 feet and a central angle of 35 degrees 37 minutes 24 seconds;thence northeasterly a distance of 122.28 feet along a reverse curve concave to the southeast having a radius of 196.00 feet and a central angle of 35 degrees 44 minutes 45 seconds; thence North 66 degrees 13 minutes 39 seconds East,tangent to the last described curve,a distance of 212.98 feet to the easterly line of the above-described Parcel 3,and said line there terminating. ALSO EXCEPT that part thereof described as follows: Beginning at the northeast corner of the above-described Parcel 4;thence on an assumed bearing of South 00 degrees 15 minutes 42 seconds West,along said east line of the southeast quarter of the northeast quarter,a distance of 263.91 feet;thence South 66 degrees 13 minutes 39 seconds West a distance of 237.06 feet;thence southwesterly a distance of 155.97 feet along a tangential curve concave to the southeast having a radius of 250.00 feet and a central angle of 35 degrees 44 minutes 45 seconds;thence southwesterly a distance of 124.35 feet along a reverse curve concave to the northwest having a radius of 200.00 and a central angle of 35 degrees 37 minutes 24 seconds; thence South 66 degrees 06 minutes 17 seconds West,tangent to the last described curve,a distance of 130.48 feet;thence southwesterly a distance of 104.21 feet along a tangential curve concave to the northwest having a radius of 220.00 feet and a central angle of 27 degrees 08 minutes 24 seconds;thence North 86 degrees 45 minutes 18 seconds West,tangent to the last described curve,a distance of 200.14 feet;thence northwesterly a distance of 114.42 feet along a tangential curve concave to the northeast having a radius of 220.00 feet and a central angle of 29 degrees 47 minutes 58 seconds;thence North 56 degrees 57 minutes 20 seconds East,tangent to the last described curve,a distance of 75.04 feet;thence northwesterly a distance of 53.68 feet along a tangential curve concave to the southwest having a radius of 280.00 feet and a central angle of 10 degrees 59 minutes 01 seconds;thence North 16 degrees 56 minutes 18 seconds East,not tangent to the last described curve,a distance of 68.25 feet;thence northeasterly a distance of 43.79 feet along a tangential curve concave to the southeast having a radius of 35.00 feet and a central angle of 71 degrees 41 minutes 02 seconds;thence North 86 degrees 37 minutes 20 seconds East,tangent to the last described curve,a distance of 64.95 feet;thence southeasterly a distance of 61.87 feet along a non-tangential curve concave to the northeast having a radius of 50.00 feet,a central angle of 70 degrees 54 minutes 03 seconds,and a chord of 58.00 feet which bears South 66 degrees 49 minutes 41 seconds East;thence South 12 degrees 16 minutes 43 seconds East,not tangent to the last described curve,a distance of 130.00 feet;thence North 66 degrees 13 minutes 42 seconds East a distance of 106.16 feet;thence North 34 degrees 10 minutes 04 seconds East a distance of 105.51 feet;thence North 00 degrees 54 minutes 27 seconds West a distance of 112.25 feet;thence North 37 degrees 06 minutes 17 seconds West a distance of 112.25 feet;thence North 66 degrees 58 minutes 35 seconds West a distance of 100.15 feet;thence South 81 degrees 44 minutes 22 seconds West a distance of 179.27 feet;thence South 68 degrees 24 minutes 18 seconds West a distance of 201.14 feet to the easterly right of way line of Eden Prairie Road per Document No.3617459;thence northerly,along said easterly right of way line to the northerly line of said Parcel 4;thence easterly along the northerly line of said Parcel 4 to the point of beginning. C;:\Uocurnenfs gad$crung,\AM:11211Nt1>cal Sci'ru^,-\1'canprttry lin:Inct}it.,.Cc,ucni.()uflool<\7i)ila/ixl\%m tDa.:crij.77cn [Of l mu -l .._ HENNEPIN VILLAGE SITE B TOLL 2012 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 11-2012-PUD-6-2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located east of Eden Prairie Road and south and west of Riley Creek from the Rural Zoning District to the R1-13.5 Zoning District on 71.5 acres. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2012. (A full copy of the text of this Ordinance is available from City Clerk.) DEVELOPMENT AGREEMENT HENNEPIN VILLAGE SITE B TOLL 2012 THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of May 15, 2012,by Toll MN. L.P.,a Minnesota limited partnership,hereinafter referred to as"Developer,"its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied for a Planned Unit Development Concept Review on 71.5 acres,Planned Unit Development District Review with waivers on 71.5 acres,Zoning District Change from Rural to R1-13.5 on 24.37 acres,Zoning District Change from Rural to R1-13.5 on 1.8 acres, and Preliminary Plat of 71.5 acres into 52 lots and 3 outlots, legally described on Exhibit A (the "Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to R1-13.5, and Resolution No. for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated March 20, 2012,reviewed and approved by the City Council on March 20. 2012, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow Developer to commence a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be reasonably determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 5. DEED OF PARK LAND: Developer shall deed to the City for park purposes proposed Outlots A and B. Developer shall submit a Warranty Deed for review and written approval by the City Attorney, for Outlots A and B. After approval by the City Attorney, Developer shall file the Warranty Deed with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the first building permit for the Property, Developer shall submit to the City Attorney proof that the Warranty Deed has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. 6. DISCLOSURE OF INFORMATION REGARDING FLYING CLOUD AIRPORT: No lot shall be sold or transferred to the first intended residential homeowner,nor an agreement entered into to construct a home on any lot within the development unless the Developer or its successors and/or assigns personally delivers prior to execution of a purchase agreement or an agreement to construct a home on the lot (whichever comes first), a disclosure statement in form and substance as attached as Exhibit D hereto regarding the Flying Cloud Airport. If the initial purchaser of a lot from the Developer is not the initial intended homeowner of a residence to be constructed on the lot,Developer shall require by contractual obligation with its initial purchaser the delivery of the disclosure statement to the initial intended residential homeowner prior to execution by the intended homeowner of any agreement to construct a home or agreement to purchase a lot (whichever comes first). 7. EDEN PRAIRIE ROAD CONSTRUCTION: The Developer shall grant,at no cost to the City,temporary construction easements necessary in City's judgment to construct the Eden Prairie Road Improvements with such temporary easements to be of reasonable scope and for a reasonable term. Developer shall convey,at no cost to the City,the temporary construction easements within 30 days of request by City. 8. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information, including wetland boundaries,wetland buffer strips and wetland buffer monument locations;all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan(SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition,the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins,retention basins, "Stormwater Infiltration"or"Filtration Systems" (defined to include such items as rainwater gardens, vegetated swales, infiltration basins,vegetated filters,filter strips,curbless parking lot islands,parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches)or"Underground Systems"(such as media filters,underground sand filters, underground vaults,sedimentation chambers,underground infiltration systems,pre- manufactured pipes, modular structures or hydrodynamic separators) shall be maintained by the Developer during construction and for a minimum of two(2)full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or accumulation of sediment are not occurring,and thereafter by the Owner of the Property.Planting and Maintenance Plans for the Stormwater Facilities (where appropriate)to ensure that the Stormwater Facilities continue to function as designed in perpetuity must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled"State of Minnesota Storm water Manual" dated November 2005, the approved final grading plan and the requirements listed herein. All inspections of underground systems shall be performed by personnel that have approved OSHA confined space training. Maintenance techniques must be used during construction to protect the infiltration capacity of all Stormwater Infiltration Systems by limiting soil compaction to the greatest extent possible. This must include delineation of the proposed infiltration system with erosion control fencing prior to construction; installation of the infiltration system using low-impact earth moving equipment; and not allowing equipment,vehicles, supplies or other materials to be stored or allowed in the areas designated for stormwater infiltration during construction. The Stormwater Infiltration Systems must be inspected prior to final grading to ensure that the area is infiltrating as proposed and to determine if corrective measures are required to allow infiltration as proposed. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of inch or greater after the Stormwater Infiltration Systems become operational. If infiltration rates are reduced, a plan to restore adequate infiltration must be provided within 90-days of the field verification test. The work required to bring the Stormwater Infiltration System back into compliance be implemented within 60 days of City approval of the plan. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. C. STORMWATER FACILITY INSPECTION AND MAINTENANCE A Stormwater Maintenance Plan must be provided for operation and maintenance of all Stormwater Facilities to ensure they continue to function as designed in perpetuity prior to issuance of the Land Alteration Permit. The Stormwater Maintenance Plan must identify and protect the design, capacity and functionality of all Stormwater Facilities. The Maintenance Plan must contain at a minimum: the name of the party(s) or homeowner's association responsible for maintenance, access plans, inspection frequency; methods used for field verification of infiltration for Stormwater Infiltration Systems; routine and non-routine inspection procedures; sweeping frequency for all parking and road surfaces;plans for restoration of reduced infiltration for Stormwater Infiltration Systems; and plans for replacement of failed systems, all pursuant to and in accordance with Eden Prairie City Code Section 11.55, Subd. 8. During construction and for two years following completion of construction, all Stormwater Facilities shall be inspected at a minimum of once annually to determine if the Stormwater Facility(s) is treating stormwater as designed and should occur within 72-hours after a rainfall event of one-inch or greater to verify infiltration. All Stormwater Facilities shall be kept free of debris,litter,invasive plants and sediment. Erosion impairing the function or integrity of the Stormwater Facilities,if any,must be corrected and any structural damage impairing or threatening to impair the function of the Stormwater Facilities must be repaired. The following criteria must be included in the inspection: • A storage treatment basin(including retention and detention basins)shall be considered inadequate if sediment has decreased the wet storage volume by 50 percent or dry storage volume by 25 percent of its original design volume. • A Stormwater Infiltration System shall be considered inadequate if sediment has accumulated that impairs or has the potential to impair infiltration of stormwater. • An underground storage chamber shall be considered inadequate if sediment has decreased the storage volume by 50 percent of its original design volume. Based on this inspection,if a Stormwater Facility requires cleanout,the Stormwater Facility shall be restored to its original design and/or the infiltration capacity of the underlying soils must be restored and any surface disturbance must be stabilized within one year of the inspection date. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity,leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. Parking lots and drive lanes that drain to any Stormwater Facility shall be swept at least once weekly during construction and more frequently as needed to minimize sediment accumulation within the Stormwater Facilities. After the two year period of maintenance,the Owner of the Property shall continue to be responsible for maintenance of the Stormwater Facilities. This shall include inspections at a minimum of once per every five years. Regular maintenance shall be conducted and must include regular sweeping of private streets,parking lots or drive aisles at a minimum of once per year; debris and litter removal;removal of noxious and invasive plants;removal of dead and diseased plants; maintenance of approved vegetation; re-mulching of void areas; replanting or reseeding areas where dead or diseased plants were removed;and removal of sediment build-up. Sediment build-up in above-ground Stormwater Infiltration or Filtration Systems shall be removed by hand. Areas above Underground Systems shall be kept free of structures that would limit access to the System for maintenance or replacement. D. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit,Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 9. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property, delineated on Exhibit B, Developer shall submit to the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to the issuance of any land alteration permit,Developer shall place a construction fence on the approved construction grading limits. Developer shall notify the City and watershed district 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer shall maintain the construction limit fence until written approval is granted by the City to remove the fence. 10. INTERIOR NOISE MITIGATION PLAN: Prior to issuance of each residential building permit for the Property,Developer shall submit to the City Building Official,and obtain the City Building Official's written approval of plans that establish that each residence is designed to meet the structural performance standards for residential interior sound levels, depicted in the Metropolitan Council's Transportation Policy Plan, Appendix H, (Metropolitan Council Land Use Compatibility Guidelines for Aircraft Noise) Table 4, adopted December 15, 2004. 11. MAINTENANCE OF EDEN PRAIRIE ROAD: Any road segment, as identified by the City Engineer, of Eden Prairie Road used for construction ingress and/or egress (including dirt hauling operations) south of Riley Creek shall be subject to the following conditions: • Prior to issuance of a permit by the City for Land Alteration or construction of streets and utilities for the Property,Developer and the Engineering Division shall perform an inspection of Eden Prairie Road to determine required maintenance necessary for Eden Prairie Road. The Developer shall perform all maintenance identified by the inspection for the construction entrance/exit off of Eden Prairie Road Northerly to the improved section of Eden Prairie Road prior to the issuance of any permit. • Developer shall repair any area of Eden Prairie Road south of Riley Creek subject to construction traffic that develops pavement distress as determined by the City Engineer. • Developer shall provide City with a maintenance bond in the amount of$80,000 per road mile. The Bond shall remain in full force and effect on each road segment for which reconstruction has not occurred to the satisfaction of the City Engineer, of Eden Prairie Road used by construction traffic unless the segment is reconstructed by City to current design standards or until 75% of the lots contain completed and occupied homes. • A 6-ton restriction shall remain in effect between March 1 and May 1, each year on all road segments. • All construction ingress and egress on Eden Prairie Road shall be to and from the north.No construction traffic shall utilize Eden Prairie Road south of Prospect Road until final completion of Eden Prairie Road Improvements by the City. • The Developer's engineer shall provide to the City Engineer a sight line analysis for that portion of Eden Prairie Road used for construction access. Areas that are determined by the City Engineer as deficient in sight lines as a result of obstruction due to trees, brush, etc. shall be remedied by removal of those obstructions within public right of way. The analysis and remediation shall occur prior to issuance of any grading permit where Eden Prairie Road is used for construction access. 12. PROSPECT ROAD CONSTRUCTION: The Developer shall complete construction of Prospect Road base course/first lift prior to September 1,2013 or prior to the issuance by the City of any occupancy permits within the Property or whichever occurs first. Prior to issuance by the City of any permit for the construction of Prospect Road,Developer shall submit to the City Engineer,and obtain the City Engineer's written approval of plans for the construction of Prospect Road including grading,street,storm sewer and watermain. All plans for Prospect Road shall be in accordance with the requirements of Paragraph 20. 13. EXISTING PROSPECT ROAD: The Developer is responsible for implementing the sight line improvements along existing Prospect Road in substantial conformance with the improvements shown in Exhibit E and subject to final approval by the City Engineer. The City and Developer acknowledge that this work will also require the approval of the Hennepin Village Homeowner's Association(hereinafter referred to as HOA)and the City and Developer agree to work in good faith with the HOA to obtain its approval. The Developer shall perform the improvements within a reasonable time after obtaining approval. The Developer shall complete the improvements prior to the opening of Prospect Road and the issuance by the City of any occupancy permits unless the HOA has not provided its approval within 120 days of execution of this Agreement at which time the Developer shall notify the City of the lack of approval and the City may undertake the work. In such case Developer shall reimburse City for all project expenses including but not limited to property acquisition, costs of capitalized interest, legal expenses, engineering services, inspection, testing, City administrative fees and bond placement costs, and remediation of hazardous waste or contamination. If Developer fails to reimburse City within 30 days of a written request for payment, City may draw on or make a claim against the bond or other surety provided as required above. 14. PROPERTY EVALUATION FOR ACTIVE EROSION: The Property shall be evaluated regarding existing active areas of erosion by a geotechnical engineer retained by the Developer and approved by the City. Any areas that are experiencing active erosion should be repaired according to recommendations by the geotechnical engineer and as approved by the City Engineer and incorporated into the final project grading plan. The repair of these areas shall occur concurrent with the grading of the Property. 15. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the R1-13.5 District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): • Lot size less than 13,500 sf. Lots 11-17, 21-23, Block 1. Lots 4, 5, 9, 11, Block 2 • Lot frontage at the right of way less than 85 feet. Lot 9, 10, 19, 25, 26, Block 1. • Lot frontage at the right of way less than 55 feet on a cul de sac. Lot 6,Block 1;Lots 7, 8, Block 2 • Front yard setback from 30 feet to 20 feet. (all lots) • Side yard setback from 10 and 15 feet to 8 and 8 feet. (all lots) 16. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property, Developer shall submit to the Chief Building Official and obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells on the Property, and restoration of the Property. Prior to issuance by City of any permit for grading or building on the Property, Developer shall complete the demolition and removal of existing septic systems and wells on the Property and restore the Property. Prior to such demolition or removal, Developer shall provide to the City a deposit in the amount of$ 1,000 to guarantee that Developer completes implementation of the approved plan. The city shall return to Developer the $ 1,000 deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 17 RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 18. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Prior to release of any portion of the final plat,Developer shall convey to the city easements for such sidewalks and trails in such locations as determined by the Director of Parks and Recreation Services. Easements will not be required where sidewalks and trails are located in the Right of Way as determined by the City Engineer. Sidewalks and trails shall be constructed in the following locations: A. The Developer is responsible for the construction of a five-foot wide concrete sidewalk to be located along Street A,Street B, Street C, Street D, Street D,Prospect Road as depicted in the Plans. B. The Developer is responsible for the costs for construction of a five-foot concrete sidewalk to be located along Eden Prairie Road from Prospect Road to Street B. This sidewalk shall be constructed in conjunction with the future Eden Prairie Road Improvements. The Special Assessment Agreement for the Property will include costs for this sidewalk. C. Developer is responsible for the construction of an eight-foot wide bituminous trail to be located along Prospect Road and Eden Prairie Road as depicted in the Plans. After approval by the City, Developer shall file the sidewalk and trail easements with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. 19. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property, an assessment agreement, in the form and substance as attached in Exhibit F,with the City for trunk sewer and water assessments on an assessable area of 28.65 acres in the amount of$181,978.25 and for Eden Prairie Road street,trail,sidewalk, storm sewer,utility and water quality improvements in the amount of$1,144,000.00 The City shall reduce trunk assessments to the property by an amount to be determined by the City Engineer representing the difference in construction cost of 8 inch watermain, valves and fittings and 12 inch watermain, valves and fittings for all 12 inch watermain. 20. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer,and obtain the City Engineer's written approval of plans for public streets,sanitary sewer, water and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. Prior to release of the final plat for the Property,Developer shall furnish to the City Engineer and receive the City Engineer's written approval of a surety equal to 125%of the cost of said improvements. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 21. TREE LOSS-TREE REPLACEMENT: There are 15,491 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 5,197 diameter inches. Tree replacement required is 2,350 caliper inches. Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 2,350 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of any grading permit for the Property,Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. 22. WETLAND/ENVIRONMENTAL PLAN: Prior to release of the Land Alteration Permit for any portion of the Property, Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan. The approved Wetland Plan shall be consistent with the materials and requirements shown on the Plans and as required by City Code. The Plan shall include the following elements. A. Wetland Buffer Strip Vegetation Evaluation: Developer shall submit to the City a Wetland Buffer Strip Evaluation Report ("Buffer Report") in accordance with the Wetland Plan and City Code requirements. If the Buffer Report identifies any unacceptable vegetation or other conditions, the wetland(s) and/or wetland buffer strip(s) shall be graded, treated, reseeded and/or replanted (thereon known as "Landscaping",or"Landscaped")by the Developer within 90 days of submission of the Buffer Report. If the Wetland Plan is submitted after September 15th, the Landscaping must be completed by June 30th of the following year. If Landscaping of the wetland(s)or wetland buffer strip(s)is required,the Developer shall submit a signed statement by a qualified wetland consultant, as determined by the City Manager,stating that the wetland(s)and wetland buffer strip(s)comply with all City requirements within 30 days of completion of the Landscaping of the wetland(s)and wetland buffer strip(s). B. Annual Wetland and Wetland Buffer Strip Evaluation: Developer shall submit a signed contract with a qualified wetland consultant, as determined by the City Manager and/or designee,for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation Report(Annual Buffer Report) that evaluates the condition of the wetland(s)and wetland buffer strip(s)to determine if they are in compliance with all City and State requirements. The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified within the wetland(s) and/or wetland buffer strip(s). The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which construction of the wetland and/or wetland buffer strip is commenced. Thereafter, this report shall be submitted annually until two full growing seasons following completion of the development have passed, at which point a final Annual Report shall be submitted. The final Annual Buffer Report shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the wetland(s) and/or wetland buffer strip(s) remain in compliance with all City and State requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or final Annual Buffer Report, the Developer shall correct the area(s) identified within 90 days of submission of the Annual Buffer Report. C. Endangered Species:As part of the Annual Buffer Report,Developer shall evaluate the Property to determine the presence and location of and evaluate the condition of any endangered,threatened or special concern species to determine that the Property complies with all City and State requirements. If any requirements are not met, Developer shall correct the violation within 90 days of the submission for the Annual Buffer Report. D. Wetland Buffer Strip Monuments: Developer shall submit a plan sheet showing the proposed locations for the wetland buffer strip monuments for review and written approval by the Environmental Coordinator. Prior to release of the first building permit for any portion of the Property,Developer shall install all wetland buffer strip monuments for the property. The Security referred to in paragraph F below shall include the cost for location,including surveying,and installation of the monuments. Wetland buffer strip monument locations shall be shown on the final grading plan and final plat. The post shall be a 1.12 to 2.0 pounds per foot(1.12 pounds per foot is preferred)green steel channel post or other material pre-approved in writing by the City Manager or his designee. The post shall be a minimum of 2.25 inches wide and 6 feet 6 inches long(2.25"x 6.5').The sign shall have a minimum size of 3 inch by 8 inch (3" x 8"). The sign shall be mounted flush with the top of the post and shall include the statement"City Property Boundary,City of Eden Prairie". The post shall be mounted to a height of four feet above grade and set at least 2.5 feet in the ground. Removal of the wetland buffer strip monuments is prohibited. Removal of the wetland buffer strip monuments is prohibited. E. Wetland Plan Security: Developer shall furnish to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan performance bond,cash escrow,or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager(hereinafter referred to as the"Security")equal to 150%of the cost,as estimated by the City Manager,of completing said Wetland Plan requirements and/or Landscaping as depicted on the Plans and as required by City Code. Said Security shall cover costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development. If the Developer fails to implement the Wetland Plan in accordance with its terms, the City may draw upon the Security in whole or in part to pay the cost of implementation. 23. MODEL HOMES:Notwithstanding any other provision of this Agreement to the contrary, the City will issue a building permit for one (1) model home and a temporary parking lot upon Developer's compliance with the following requirements: • Approval of building plan by chief building inspector; • Approval of survey for model home and parking lot by , • Presence of a paved road within 300 feet of the model home and presence on said paved road of a fire hydrant within 1000 feet of the model home; and • Approval by Fire Chief. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE By By Its Nancy Tyra-Lukens Its Mayor By By Its Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2012, by Nancy Tyra-Lukens and Rick Getschow,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012,by ,the , of Toll MN,L.P., on behalf of the limited partnership. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT - HENNEPIN VILLAGE SITE B TOLL 2012 Legal Description Before Final Plat Outlot A and Lot 3, Block 1, Spring Heights, according to the recorded plat thereof, Hennepin County, Minnesota. That part of the Northeast Quarter of the Southeast Quarter of Section 29,Township 116,Range 22, Hennepin County Minnesota, lying northwesterly of the centerline of Hennepin County State Aid Highway No 4. Excepting therefrom the following described tract: Commencing at the northeast corner of said Northeast of the Southeast Quarter,thence on a assumed bearing of South, along the east line thereof,a distance of 522.70 to the actual point of beginning:thence continue South,along said east line, a distance of 383.94 feet; thence North15 degrees 46 minutes 19 seconds West, a distance of 358.33 feet; thence Northeasterly of the point of beginning. Tracts A&B, Registered Land Survey No. 465,Files of the Registrar of Titles,Hennepin County, Minnesota. That part of the Southeast Quarter of the Northeast Quarter of Section 29,Township 116,Range 22, lying easterly of the centerline of Village Road(now Eden Prairie Road),northerly of the Registered Land Survey No 465,and southerly of line described as commencing at the southeast corner of said Southeast Quarter of the Northeast Quarter,a distance of 681.13 feet to the point of beginning of the line to be described ; thence westerly, deflecting to the left 87 degrees 43 minutes 44 seconds, a distance of 1316.94 feet, more or less, to the west line of said Southeast Quarter of the Northeast Quarter and there terminating. That part of the South 225 feet of the Southeast Quarter of the Northeast Quarter of Section 29, Township 116, Range 22, lying westerly of Tract B, Registered Land Survey No. 465. The South 225 feet of the East 350 feet of the Southwest Quarter of the Northeast of Section 29, Township 116, Range 22. Legal Description After Final Plat EXHIBIT B DEVELOPMENT AGREEMENT - HENNEPIN VILLAGE SITE B TOLL 2012 EXHIBIT C DEVELOPMENT AGREEMENT - HENNEPIN VILLAGE SITE B TOLL 2012 I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat., Sec. 115B.01,et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That,to the Developer's actual knowledge,no previous owner,operator or possessor of the Property deposited, stored, disposed of,placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been,used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12, Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of any one or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge(SAC),City SAC and City water access charge(WAC),and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,Developer shall provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building,structure,or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term,condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of Outlots A and B on each lot property line or corner with registered land survey pins. XIX. Within 10 days of the approval of the Development Agreement, the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten(10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security,as appropriate,upon five (5)business days notice to the Developer,for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Security and if the Security has not then been renewed,replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person,including the public at large,so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. EXHIBIT D DEVELOPMENT AGREEMENT - HENNEPIN VILLAGE SITE B TOLL 2012 DISCLOSURE OF INFORMATION Developer shall cause the following notice to be given, either from Developer itself or Developer's successors in interest to any portion of the Property,to all residential home purchasers of lots within the Property who intend to occupy a residence on such lot, prior to the execution of a purchase agreement or agreement to construct a residence on a lot within the Property,whichever occurs first: The Property is located near Flying Cloud Airport, a public use airport owned and operated by the Metropolitan Airports Commission. The Airport is available 24 hrs a day, year round. The Airport operates two parallel east/west runways,and a north/south crosswind runway,all of which are lighted. An FAA control tower manages air traffic near the airport from 7:00 am— 10:00 pm. The Airport accommodates aircraft operations from single and multi-engine propeller aircraft; corporate jet aircraft; helicopters; and pilot training facilities; which may affect the Property. Further information regarding the airport can be obtained from the Office of the Airside Project Manager, Telephone No.: 612-725-8371. The following statement is taken from the Metropolitan Airports Commission letter to the City dated February 24, 2012: "The Hennepin Village— Site B development is located in an area the receives regular overflights from Flying Cloud Airport(FCM). The flight tracks in the vicinity of the proposed development have been previously reviewed by the City and evaluated as part of an Environmental Assessment process. Although this development is beyond the federally defined noise area, the proposed development will receive overflights from FCM and residents should expect to see and hear aircraft. Since this is a potential new development, there should be no expectations now, or in the future, that the MAC will provide noise mitigation for this new residential development area. Given the proximity of this development to the airport and the regular overflights that occur in the area, MAC has concerns with the development on the site. However, if it is determined that the development will move forward, it is important that the residents are aware of their new homes proximity to the airport and the existence of regular overflights prior to purchase. Additionally, adherence to the Metropolitans Councils Building Performance Standards for Aircraft Noise should be a requirement of building construction." EXHIBIT E EXISTING PROSPECT ROAD SITE LINE IMPROVEMENTS I I • ' \, .. . \ D\ n g .... 2g oyy -' m N �$y�w % \ fi .. CO �o Nut ,r,. gp rnG rr tHi a ill i •* _ 1:1r.., . AriT w • .. A ..... u _, .j F "i i i• F § APF .111.-_. --i x F m 0 ti _ � . -—0 p v�N 1- ,-, _ 1 A a y R cmo ., `n Ato �J. _r '1 h m N o .3 ;11; s�a 1f r k i -i g A n 7 Y 1 F EXHIBIT F DEVELOPMENT AGREEMENT - HENNEPIN VILLAGE SITE B TOLL 2012 AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of , 2012,between the City of Eden Prairie, a municipal corporation, (the "City") and , a Minnesota (the "Owner"). A. The Owner holds legal and equitable title to property described as_ ,Hennepin County,Minnesota,which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owner desires to develop the property in such a manner that relies upon and requires the construction of the following public improvements: (1) The City's trunk utility system, including trunk sanitary sewers,trunk watermains,wells, elevated storage facilities and a water treatment plant(all of which is hereafter referred to as the "Trunk Improvements"). (2) Street and utility improvements adjacent to the Property(which is hereafter referred to as "Eden Prairie Road Improvements"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Trunk Improvements and the Eden Prairie Road Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property for the construction, and maintenance of the Trunk Improvements and Eden Prairie Road Improvements as follows: a). The Property will be assessed for Trunk Improvements on 28.65 acres in an amount not to exceed$181,978.25. b). The Property will be assessed for Eden Prairie Road Improvements in an amount not to exceed$1,144,000 in accordance with the Feasibility Study pursuant to Minnesota Statutes Chapter 429. 2. The City will prepare a Feasibility Report that shows proposed costs to be assessed against the Property and additional amounts to be assessed against other lands for the Eden Prairie Road Improvements. The actual cost to be assessed against the Property for the Eden Prairie Road Improvements may differ from the amount in the Feasibility Report. Actual cost to be assessed against the Property for the Eden Prairie Road Improvements shall be determined in the same manner as reported in the Feasibility Report prepared with respect to these improvements. 3. For purposes of determining the amount of the assessments,the costs of the Eden Prairie Road Improvements shall include, in addition to actual construction costs, administrative, interest and engineering costs and fees incurred or paid by the City in relationship to construction of the Eden Prairie Road Improvements and costs incurred for acquisition of easements and or right-of- way including attorney fees. 4. The City's assessment records for the Property will show the assessments as a "pending assessment"until levied. 5. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 6. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 7. This agreement shall be effective immediately. 8. This Agreement may not be terminated or amended except in writing executed by both parties hereto,provided however upon the levying of the special assessments contemplated by Paragraph 1 hereof the City may upon request of the owner of the property affected,without the necessity of further City Council approval,unilaterally prepare and provide to the owner for recording a document releasing any property so levied from this Agreement. 9. This Agreement constitutes a lien upon the Property in the amount of$1,325,978.20 until such time as the assessments referred to above are levied.If the assessments are not levied within 5 years from date of this agreement,Developer may request that the city council,in its sole and absolute discretion,release the lien of this paragraph,provided however the remainder of this Agreement shall remain in full force and effect. Upon the recording of the final plat for the Property as provided in the Development Agreement between the parties dated May 15,2012,the lien shall be deemed to be pro- rata against each residential lot($1,325,978.20 divided by 52 lots equals $25,499.58 per lot). IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNERS CITY OF EDEN PRAIRIE By By Its Nancy Tyra-Lukens Its Mayor By By Its Rick Getschow, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012, by , the of , a Minnesota , on behalf of the corporation. Notary Public OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT,made and entered into as of ,2012,by and between Hennepin Village Limited partnership, a Minnesota corporation, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For,and in consideration of,and to induce City to adopt Resolution No. for Planned Unit Development Concept Review,Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to R 1-13.5,and Resolution No. for Preliminary Plat,as more fully described in that certain Development Agreement entered into as of ,2012,by and between ,a Minnesota ,and City("Development Agreement")pertaining to that certain Property described on Exhibit A hereto, Owner agrees with City as follows: 1 If , fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to R1-13.5, and Resolution No. for Preliminary Plat, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of"Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. (The remainder of this page is intentionally left blank.) IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNERS CITY OF EDEN PRAIRIE By By Its Nancy Tyra-Lukens Its Mayor By By Its Rick Getschow, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012, by , the of , a Minnesota , on behalf of the corporation. Notary Public EXHIBIT A - OWNERS SUPPLEMENT Legal Description Before Final Plat Outlot A and Lot 3, Block 1, Spring Heights, according to the recorded plat thereof, Hennepin County, Minnesota. That part of the Northeast Quarter of the Southeast Quarter of Section 29,Township 116,Range 22, Hennepin County Minnesota, lying northwesterly of the centerline of Hennepin County State Aid Highway No 4. Excepting therefrom the following described tract: Commencing at the northeast corner of said Northeast of the Southeast Quarter,thence on a assumed bearing of South, along the east line thereof,a distance of 522.70 to the actual point of beginning:thence continue South,along said east line, a distance of 383.94 feet; thence North15 degrees 46 minutes 19 seconds West, a distance of 358.33 feet; thence Northeasterly to the point of beginning. Tracts A&B, Registered Land Survey No. 465,Files of the Registrar of Titles,Hennepin County, Minnesota. That part of the Southeast Quarter of the Northeast Quarter of Section 29,Township 116,Range 22, lying easterly of the centerline of Village Road(now Eden Prairie Road),northerly of the Registered Land Survey No 465,and southerly of line described as commencing at the southeast corner of said Southeast Quarter of the Northeast Quarter,a distance of 681.13 feet to the point of beginning of the line to be described ; thence westerly, deflecting to the left 87 degrees 43 minutes 44 seconds, a distance of 1316.94 feet, more or less, to the west line of said Southeast Quarter of the Northeast Quarter and there terminating. That part of the South 225 feet of the Southeast Quarter of the Northeast Quarter of Section 29, Township 116, Range 22, lying westerly of Tract B, Registered Land Survey No. 465. The South 225 feet of the East 350 feet of the Southwest Quarter of the Northeast of Section 29, Township 116, Range 22. Legal Description After Final Plat CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 15, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Randy L. Slick Final Plat Report of Eden Prairie Woods Public Works /Engineering Requested Action Move to: Adopt the Resolution approving the final plat of Eden Prairie Woods. Synopsis This proposal is for the plat located south of Flying Cloud Airport, east of Eden Prairie Road and north of CSAH#61. The plat consists of 71.5 acres to be platted into 53 single family lots, 4 outlots and right of way dedication for street purposes. The preliminary plat was approved by the City Council on March 20, 2012. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement will be completed on May 15, 2012. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$3,445.00. • Receipt of street lighting fee in the amount of$13,899.00. • Receipt of street sign fee in the amount of$3,626.00. • The requirements as set forth in the Developer's Agreement. • Prior to the release of the final plat, Developer shall execute the Special Assessment Agreement for trunk utility improvements in the amount of$181,978.25 and for Eden Prairie Road improvements in the amount of$1,144,000.00. • Prior to release of the final plat, Developer shall provide a warranty deed to the City for Outlots A and B. • Prior to release of the final plat, Developer shall record and provide proof of filing the Development Agreement at the County Recorder and/or Registrar of Titles. • Prior to release of the final plat, Developer shall provide to the City a current title insurance policy. • Satisfaction of bonding requirements for the installation of public improvements. • Revisions to plat shall include street name changes to Parkview Terrace, Woodland Cove and Highview Court. • Revisions to plat shall include a 20 foot strip of drainage and utility easement over proposed storm sewer on Lots 2, 3, 4, and 5, Block 1. • Revisions to plat shall include proposed retaining walls excluded from the drainage and utility easement on Lots 11 through 14, 18 through 20 and 24, Block 1. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- A RESOLUTION APPROVING FINAL PLAT OF EDEN PRAIRIE WOODS WHEREAS, the plat of Eden Prairie Woods has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Eden Prairie Woods is approved upon compliance with the recommendation of the Final Plat Report on this plat dated May 15,2012. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on May 15, 2012. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk DRAFT EDEN PRAIRIE WOODS C.R.DOC.NO. R.T.DOC.NO. PRESENTS:That Toll MN,Limited Partnership,a Minnesota limited partnership,Me owner,of EDEN PRAIRIE,MINNESOTA tthe following described property situated in the County of Hennepin,State of Mimes.,to wit This PAY of EDEN PRAIRIE WOODS was approved and accepted by the City Council of Eden Prairie,Minnesota,at a Parcel 1, regular meeting thereof hem this_day of 20_If applicable the written comments and OmAt A and La 3.Block 1.SPRING HEIGHTS,according to the recorded plat thereof,Hennepin County,Minnesota. recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by Abstract and Torten Land the City or the prescribed 30day period has elapsed without receipt of such comments and recommendations,as provided by Minnesota Statutes,Section 505.03,Subdivision 2. Parcel 2, Mat artathe Northeast Quarter of Me Southeast Quarter ofSection z9,Township 116,Range',Hennepin County, Minnesota,lying Northwesterly of the centerline of Hennepin County State Aid Highway No.A.Excepting therefrom the City Council,Eden Prairie,Minnesota following ast Quarter of the Southeast Quarter;thence on assumed bear gtlof South,aa gthegFast line thereof,adistance of 522.70 feet to Me actual point of beginning:thence continue South,along said EMI line,a distance of 383.94 Aeti thence distance of 25833 feet,thence Northeasterly Lot.pomto beginning.North IS degrees,.minutes,l9 seconds wen,a y Mayor y City Manager Abrtract Land. Parcel A TAXPAYERS SERVICES DEPARTMENT,Hennepin County,Minnesota Tracts A and B,Registered Land Survey No.e6S,Files of Me Registrar of Titles,He pCounty,Minnesota. Torten Land !hereby certify that taxes payable in 20_antl prior years have been paid for land described on this plat,dated this day of Parcel a, That part of Me Southeast Quarter oft he Northeastetuarter ofSection 29,Township 116,Range 22,Iying Easterly of the Mark Chapin,County Auditor r Road(now Men Prairie Road).Northerly of Registered Land Survey No.665.and Southerly of line centerline as ommendng at Southeast comer a said Southeast quarter oft he Northeast Quarter;thence North,along the fast line of sart Southeast Quarter of the Northeast Quarter,a distance of 681.13 feet to Me point of beginning e line obe By: ,Deputy descrart thence Weshdy,deflervng to Me left BE s, seconds,a distance less,the Wert line of said southeast Quarter of Me Northheast Quarter and there terminating. 1316.96hm,more or ating, Tonenz tans SURVEY DIVISION,Hennepin County,Minnesota Has used the same to be surveyed and platted as EDEN PRAIRIE WOODS,and does hereby donate and dedicate to the public for public use forever the public ways,and does also dedicate the easements as shown on this plat Mr Pursuant to MinnesotaStatutes Section 383B.565(1969),this plat has been approved this day of drainage and utility purposes only. 0 William P.Brown,County Surveyor In witness whereof said Toll MN,Limited Partnership,has caused these presents to be signed by its proper officer this day of Toll MN,LIMITED PARTNERSHIP REGISTRAR OF TOMES,Hennepin County,Minnesota SIGNED: Alex Martin,Vice President Ihereby certify that the within plat of EDEN PRAIRIE WOODS was filed in this office this day of _o'clock_ . y ,as Martin McCormick,Acting Reglttar of Titles STATE OF MINNESOTA By: ,Deputy COUNTY OF The foregoing instrument was acknowledged before me this day of 20_,by Alex Martin,as Vice President of Toll Brothers.Inc,on behalf of the corporation. COUNTY RECORDER,Hennepin County,Minnesota I hereby certify that the within plat of EDEN PRAIRIE WOODS was recorded in this office this day of 20_,at_o'clock_.M. Notary Public, County,Minnesota Notary Printed Name My Commission Expires Martin McCormick,Acting County Recorder I Marcus F.Hampton do hereby certify that this plat was prepared bVme or under MY directsupervisAn,Matlama By: ,Deputy duly Licensed Land Surveyor in the State of Minnesota;that this plat is a correct representation of the boundary survey;that all mathematical data and labels are correctly designated on this plat;that all monuments depicted on this plat have been,or will be correctly set within one year;that all water boundaries and wet lands,as defined In Minnesota Statutes, Subd.3,as of the date of this certlfirate are shown and labeled on this Plat;and all public Section ways are shown and labeled on this plat. Dated this day of ,20 Marcus F.Hampton,Licensed Land Surveyor, Minnesota License No.67081 STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this day of Eby Marcus F.Hampton,a Licensed Land Surveyor. Notary Public, County,Minnesota Notary Printed Name My Commission Expires MFRA,INC. ENGINEERING,PLANNING AND LAND SURVEYING SHEET 1 OF 4 SHEETS DRAFT EDEN PRAIRIE WOODS C.R.DOC.NO. R.T.DOC.NO. CORNER.SEC.RR. TAP.Ile. Oa Exx Ca 0111 I __ __ dux-L -- � w , II •� •' N87.28'02•W 1248.77 gs'" - ri in i 'rrg N d / F� 04,E . / le to // r \i w \ \ \ \ I( ram( I g b w IQ I &g ne1•aT'ss;170.30 'ree8i, \ \ \\ 1? I I' J s --I r- \ N , Ig = ne5%� - g1111 I'14 .' ,'.� \\\ � K / �. 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MFRA,WC. sesmzvr ssasa - ENGINEERING,PLANNING AND LAND SURVEYING SHEET 4 OF 4 SHEETS CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 15, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Leslie Stovring Hennepin County Residential Recycling Public Works/Environmental Grant Application Requested Action Move to: Adopt a Resolution authorizing renewal of the Residential Recycling Grant Application for 2012 through 2015. Synopsis The City of Eden Prairie submits an annual report to Hennepin County. This information is used to determine the amount of recycling grant funds distributed to the City. The majority of these funds are distributed to residents as a rebate on their utility bills. The funding is expected to be $152,614 in 2012, which compares to $154,302 in 2011 and resulted in a$6.70 credit to each residential account with individual refuse collection service. Hennepin County has requested a Resolution in order to process the Recycling Grant. A copy of the Resolution must be on file with Hennepin County prior to distribution of the Recycling Grant funds to the City. Background Information Hennepin County has renewed their recycling grant program for an additional three (3) years. The grant funds are distributed to cities to manage their recycling program. As the City has an open hauling system, the majority of the funds are distributed to residents who are able to recycle individually. Residents who have communal recycling bins (such as the dumpster-sized containers at apartments) do not qualify for the rebate. Remaining funds are used for the cleanup day and to administer education programs on recycling. Attachments • Grant Agreement • Recycling Resolution Contract No: A120104 RESIDENTIAL RECYCLING GRANT AGREEMENT This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government Center, Minneapolis, Minnesota 55487 (the "COUNTY"), on behalf of the Hennepin County Department of Environmental Services, 701 Fourth Avenue South, Minneapolis, Minnesota 55415-1600 ("DEPARTMENT") and the CITY OF EDEN PRAIRIE, 8080 Mitchell Road, Eden Prairie, Minnesota 55344-2230 ("CITY"). WITNESSETH: WHEREAS, the County Board, by Resolution No. 11-0476S1, adopted on November 29, 2011, approved the Hennepin County Residential Recycling Funding Policy ("Funding Policy") for the period January 1, 2012, through December 31, 2015, and authorized grant funding for municipal recycling programs consistent with the Funding Policy; and WHEREAS, the CITY operates a municipal curbside residential recycling program and other waste reduction and recycling activities (the "Recycling Program") as described in the grant application (the "Grant Application") referred to in Section 2 below; and WHEREAS, the Recycling Program is consistent with Minnesota Statutes, Chapter 115A; the Minnesota Pollution Control Agency's Metropolitan Solid Waste Management Policy Plan; Hennepin County's Solid Waste Management Master Plan; and Hennepin County's Residential Recycling Funding Policy. NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the COUNTY, on behalf of the DEPARTMENT, and the CITY agree as follows: 1. TERM AND COST OF THE AGREEMENT a. This Agreement shall commence upon execution and terminate on December 31, 2015. b. The total grant payment for the year 2012 shall be equal to one hundred fifty-two thousand six hundred fourteen dollars ($152,614). Grant payments for subsequent years shall be calculated as set forth in Section 3. 2. SERVICES TO BE PROVIDED a. The CITY shall operate the Recycling Program as more fully described in the Funding Policy and the Grant Application. The CITY agrees to submit an updated Grant Application by February 15 of each year of the term of this Agreement in order to be eligible for grant funds. The application consists of the Re-TRAC web-based report and a planning document submitted to the COUNTY describing the programs or activities the CITY will implement to increase recycling and make progress toward COUNTY goals. The terms of the Grant Application, as updated each year, are incorporated herein by reference. b. In addition to the services referred to above, the CITY agrees as follows: 1) Requests for Proposals and Contracts. a.) If contracting for curbside recycling services, the CITY shall require a breakout of the following expenses when renewing or soliciting new proposals or bids for recycling services: • Containers—if provided by the hauler; • Collection service; • Processing cost per ton; • Revenue sharing. b.) The COUNTY recommends the CITY request the following information in the Request for Proposal/Bid or contract: • Destination of recyclable materials, including the facility name, location, and end market; • Monthly prices for recyclable materials by material type; • Residue rates at the Materials Recovery Facility (MRF); • Composition of residue. 2) Materials to be Collected. At a minimum, the CITY shall collect the following materials curbside: a.) Newspaper and inserts; b.) Cardboard boxes; c.) Glass food and beverage containers; d.) Metal food and beverage cans; e.) All plastic containers and lids, #1 —Polyethylene Terephthalate (PET, PETE),#2 High Density Polyethylene (HDPE),#3 —Vinyl Polyvinyl Chloride (PVC), #4—Low Density Polyethylene (LDPE) and#5 — Polypropylene (PP)plastic bottles, except those that previously contained hazardous materials or motor oil; f.) Magazines and catalogs; g.) Cereal, cracker, pasta, cake mix, shoe, gift, and electronics boxes; h.) Boxes from toothpaste, medications and other toiletries; i.) Aseptic and gable-topped containers; and j.) Mail, office and school papers. 3) Collection Methods. The CITY shall use one of the following systems to collect materials at the curb: a.) Single sort system- all materials combined in one container; or b.) Dual sort system - glass, metal and plastic together with paper separate. If one of these two systems is not currently in place, the CITY must submit a plan with their 2012 Grant Application for converting to a single or dual sort system by December 31, 2012. If the CITY is unable to meet this deadline, an alternative implementation plan must be negotiated with and approved by the 2 COUNTY. The implementation plan will include the reasons why an extension is needed, the projected timeline, and details about each step of the process. The CITY will also provide the COUNTY with updates to the plan as implementation progresses. 4) Education and Outreach. The CITY shall: a.) Use COUNTY terminology when describing recycling guidelines (i.e. description of materials accepted and not accepted, preparation guidelines, etc.) b.) Use images provided by the COUNTY or the Solid Waste Management Coordinating Board (SWMCB) if using images of recyclables. c.) Use the COUNTY's terminology, preparation guidelines and images on the CITY's website. d.) Mail a recycling guide once a year to residents using a template developed jointly through a communications committee and produced and printed by the COUNTY at the COUNTY's expense. If the CITY does not want to use the template produced by the COUNTY, the CITY may develop its own guide at the municipality's expense, but it must be approved by the COUNTY. If the CITY relies on the hauler to provide the recycling guide, this guide would also require approval by the COUNTY. e.) Complete two additional education activities from a menu of options developed by the communications committee to support the priority message campaign. Templates will be provided by the COUNTY. Any print material that communicates residential recycling guidelines that were not provided by the COUNTY template will require COUNTY approval. This does not apply to waste reduction and reuse, articles on recycling that do not include guidelines, and social media posts. The COUNTY will respond within five business days to any communication piece submitted. 5) Use of Grant Funds. a.) Grant funds can be used for all Recycling Program expenses including capital and operating costs. Expenses associated with residential collection of organics are considered eligible Recycling Program expenses. However, yard waste expenses are not eligible Recycling Program expenses. If organics and yard waste are commingled, the organics expenses must be tracked separately. b.) All grant funds accepted from the COUNTY must be used for Recycling Program capital and operating expenses in the year granted. c.) The CITY may not charge its residents through property tax, utility fees or any other method for that portion of the costs of its Recycling Program funded by COUNTY grant funds. d.) The CITY shall establish a separate accounting mechanism, such as a project number, activity number, or fund that will separate recycling and waste reduction revenues and expenditures from other municipal activities, including solid waste and yard waste activities. 3 e.) Recycling and waste reduction activities, revenues, and expenditures are subject to audit by the COUNTY. f.) The CITY shall not retain any grant funds in excess of actual Recycling Program expenses. g.) If the CITY does not contract for curbside recycling services, the CITY will receive grant funds provided that at least ninety percent (90%) of the grant funds are credited back to residents and the CITY meets all minimum program requirements. The additional ten percent (10%) may be used for CITY administrative and promotional expenses. 6) Reporting Requirements. a.) The CITY shall submit an annual recycling report to the COUNTY utilizing the Re-TRAC web-based reporting system by February 15 of each year. If the CITY is unable to access the Re-TRAC system, the COUNTY must be contacted by February 1 to make arrangements for alternative filing of the required report. b.) The CITY will not report residue as a part of recycling tonnages. The CITY will make arrangements with its hauler to report residue separately. c.) The CITY shall annually measure the participation rate in the curbside Recycling Program during the month of October. The rate will be calculated by dividing the number of households setting out recycling by the total number of households (accounts) with recycling service. The participation rate will be reported in Re-TRAC. d.) The CITY shall submit an annual planning document to the COUNTY describing the programs or activities the CITY will implement to increase recycling and make progress toward COUNTY goals. e.) To help monitor progress, the CITY shall provide an update on recycling tonnages and program activities to the COUNTY upon request. The CITY shall then provide the quarterly tonnage report received from its haulers or make arrangements with the haulers to send the information directly to the COUNTY. 7) Recycling Performance. On an annual basis, the CITY shall demonstrate that a reasonable effort has been made to maintain and increase the average amount of recyclables collected from their residential Recycling Program to at least 725 pounds per household or achieve a minimum recovery rate of 80% by December 31, 2015. Alternatively, if the CITY has a method in place to accurately measure total waste generation (garbage and recycling), then the CITY may choose a 35% recycling rate as the performance standard. To ensure the accuracy of data for these metrics the CITY will be required, upon request, to provide documentation on the methodology used to calculate performance. To the extent practicable, the results should rely on actual data rather than estimates. Failure by the CITY to demonstrate measureable progress towards one of these goals will result in the requirement that a Recycling Improvement Plan be submitted by the CITY within 90 days of being notified by the COUNTY. The Recycling Improvement Plan must be negotiated with and approved by 4 the COUNTY. The Recycling Improvement Plan will include actions the CITY will take to improve the performance of its Recycling Program to achieve the 2015 goals. The plan will focus on program changes and additional activities in the following areas: materials collected, sort method, type of container, frequency of collection, education and outreach, performance measurement, contract management, and incentives. Funding will be withheld until the CITY's Recycling Improvement Plan is approved by the COUNTY. In cooperation with the COUNTY, the CITY may be required to participate in waste and recycling sorts to identify recovery levels of various recyclables in their community. Based on the results of the study, the COUNTY and the CITY will collaborate to increase the recovery of select recyclable materials being discarded in significant quantities. 8) Public Entity Recycling. Pursuant to Minnesota Statutes, Section §115A.151, the CITY shall ensure that facilities under its control, from which mixed municipal solid waste is collected, have containers for at least three recyclable materials, such as, but not limited to, paper, glass, plastic, and metal, and transfer all recyclable materials collected to a recycler. 3. METHOD OF PAYMENT a. The COUNTY will annually distribute to Hennepin County municipalities grant funds only to the extent the COUNTY receives SCORE funds from the State of Minnesota. SCORE funds are based on revenue received by the State of Minnesota from a sales tax on garbage collection and disposal fees. SCORE funds are subject to change based on actual revenue received by the State and funds allocated by the legislature. The following formula will be utilized to determine the CITY's SCORE grant for each year: #of Households Served Curbside by CITY X Total SCORE Revenue _ Grant Funds Received by COUNTY Distributed to Total#of Households Served from State of Minnesota CITY Curbside in COUNTY b. Under no circumstances will the COUNTY's distribution of grant funds exceed the CITY's proportion of SCORE fund revenues received by the COUNTY. c. The initial grant fund payment will be forwarded after the County Board receives and approves this Agreement signed by an authorized official of the CITY. Provided the CITY is otherwise in compliance with the terms of this Agreement, future grant fund payments will be made after submittal by the CITY and approval by the COUNTY of the updated Grant Application as described in Section 2 and receipt by the COUNTY of SCORE funds from the State of Minnesota. d. Annual grant payments will be made to the CITY in two equal payments. One payment will be made after the COUNTY receives the Grant Application, which consists of the Re-TRAC report and a planning document. A second payment will 5 be made after the report has been approved, measurable progress toward the 2015 goal has been confirmed, and, if necessary, a Recycling Improvement Plan has been approved by the COUNTY. If the CITY meets the COUNTY requirements, both payments will be made during the same calendar year. 4. PROFESSIONAL CREDENTIALS INTENTIONALLY OMITTED 5. INDEPENDENT CONTRACTOR CITY shall select the means, method, and manner of performing the services. Nothing is intended or should be construed as creating or establishing the relationship of a partnership or a joint venture between the parties or as constituting CITY as the agent, representative, or employee of the COUNTY for any purpose. CITY is and shall remain an independent contractor for all services performed under this Agreement. CITY shall secure at its own expense all personnel required in performing services under this Agreement. Any personnel of CITY or other persons while engaged in the performance of any work or services required by CITY will have no contractual relationship with the COUNTY and will not be considered employees of the COUNTY. The COUNTY shall not be responsible for any claims that arise out of employment or alleged employment under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of any personnel, including, without limitation, claims of discrimination against CITY, its officers, agents, contractors, or employees. CITY shall defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers, and employees from all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind from the COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re-employment Compensation, disability, severance pay, and retirement benefits. 7. INDEMNIFICATION CITY agrees to defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of CITY, a subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of CITY to perform any obligation under this Agreement. 8. INSURANCE A. With respect to the services provided pursuant to this Agreement, CITY agrees at all times during the term of this Agreement, and beyond such term when so required, to have and keep in force the following insurance coverages, either under a self-insurance program or purchased insurance: 6 Limits 1. Commercial General Liability on an occurrence basis with contractual liability coverage: General Aggregate $2,000,000 Products—Completed Operations Aggregate 2,000,000 Personal and Advertising Injury 1,500,000 Each Occurrence—Combined Bodily Injury and Property Damage 1,500,000 2. Workers' Compensation and Employer's Liability: Workers' Compensation Statutory Employer's Liability. Bodily injury by: Accident—Each Accident 500,000 Disease—Policy Limit 500,000 Disease—Each Employee 500,000 3. Professional Liability—Per Claim 1,500,000 Aggregate 2,000,000 The professional liability insurance must be maintained continuously for a period of two years after the termination of this Agreement. B. An umbrella or excess policy over primary liability insurance coverages is an acceptable method to provide the required insurance limits. The above establishes minimum insurance requirements. It is the sole responsibility of CITY to determine the need for and to procure additional insurance which may be needed in connection with this Agreement. Upon written request, CITY shall promptly submit copies of insurance policies to the COUNTY. CITY shall not commence work until it has obtained required insurance and filed with the COUNTY, a properly executed Certificate of Insurance establishing compliance. The certificate(s) must name Hennepin County as the certificate holder and as an additional insured for the liability coverage(s) for all operations covered under the Agreement. If the certificate form contains a certificate holder notification provision, the certificate shall state that the insurer will endeavor to mail the COUNTY 30 day prior written notice in the event of cancellation of any described policies. If CITY receives notice of cancellation from an insurer, CITY shall fax or email a copy of the cancellation notice to the COUNTY within two business days. CITY shall furnish to the COUNTY updated certificates during the term of this Agreement as insurance policies expire. If CITY fails to furnish proof of insurance coverages, the COUNTY may withhold payments and/or pursue any other right or remedy allowed under the contract, law, equity, and/or statute. The 7 COUNTY does not waive any rights or assume any obligations by not strictly enforcing the requirements set forth in this section. C. Duty to Notify. CITY shall promptly notify the COUNTY of any claim, action, cause of action or litigation brought against CITY, its employees, officers, agents or subcontractors, which arises out of the services contained in this Agreement. CITY shall also notify the COUNTY whenever CITY has a reasonable basis for believing that CITY and/or its employees, officers, agents or subcontractors, and/or the COUNTY, might become the subject of a claim, action, cause of action, criminal arrest, criminal charge or litigation arising out of and/or related to the services contained in this Agreement. Failure to provide the notices required by this section is a material violation of the terms and conditions of this Agreement. 9. DATA PRACTICES CITY, its officers, agents, owners, partners, employees, volunteers and subcontractors shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA), the Health Insurance Portability and Accountability Act (HIPAA) and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality. CITY agrees to defend, indemnify and hold harmless the COUNTY, its officials, officers, agents, employees, and volunteers from any claims resulting from CITY's officers', agents', owners', partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of such protected data, or other noncompliance with the requirements of this section. CITY agrees to promptly notify the COUNTY if it becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA. The terms of this section shall survive the cancellation or termination of this Agreement. 10. RECORDS —AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5, CITY agrees that the COUNTY, the State Auditor, or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of CITY and involve transactions relating to this Agreement. CITY shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its termination or cancellation. 11. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS A. CITY binds itself, its partners, successors, assigns and legal representatives to the COUNTY for all covenants, agreements and obligations contained in the contract documents. B. CITY shall not assign, transfer or pledge this Agreement and/or the services to be performed, whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of the COUNTY. A consent to assign shall be subject to such conditions and provisions as the COUNTY may deem 8 necessary, accomplished by execution of a form prepared by the COUNTY and signed by CITY, the assignee and the COUNTY. Permission to assign, however, shall under no circumstances relieve CITY of its liabilities and obligations under the Agreement. C. CITY shall not subcontract this Agreement and/or the services to be performed, whether in whole or in part, without the prior written consent of the COUNTY. Permission to subcontract, however, shall under no circumstances relieve CITY of its liabilities and obligations under the Agreement. Further, CITY shall be fully responsible for the acts, omissions, and failure of its subcontractors in the performance of the specified contractual services, and of person(s) directly or indirectly employed by subcontractors. Contracts between CITY and each subcontractor shall require that the subcontractor's services be performed in accordance with the terms and conditions specified. CITY shall make contracts between CITY and subcontractors available upon request. 12. MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. 13. DEFAULT AND CANCELLATION A. If CITY fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, it shall be in default. Unless CITY's default is excused by the COUNTY, the COUNTY may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for the COUNTY to delay payment until CITY's compliance. In the event of a decision to withhold payment, the COUNTY shall furnish prior written notice to CITY. B. Notwithstanding any provision of this Agreement to the contrary, CITY shall remain liable to the COUNTY for damages sustained by the COUNTY by virtue of any breach of this Agreement by CITY. C. The above remedies shall be in addition to any other right or remedy available to the COUNTY under this Agreement, law, statute, rule, and/or equity. D. The COUNTY's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not 9 constitute a general waiver or relinquishment throughout the entire term of the Agreement. E. This Agreement may be canceled with or without cause by either party upon thirty(30) day written notice. F. Upon early termination or cancellation of this Agreement, the CITY shall itemize any and all grant funds expenditures up to the date of termination or cancellation and return such grant funds not yet expended. G. Upon written notice, COUNTY may immediately suspend or cancel this Agreement in the event any of the following occur: (i) COUNTY does not obtain anticipated funding from an outside source for this project; (ii) funding for this project from an outside source is withdrawn, frozen, shut-down, is otherwise made unavailable or COUNTY loses the outside funding for any other reason; or (iii) COUNTY determines, in its sole discretion, that funding is, or has become, insufficient. COUNTY is not obligated to pay for any services that are provided after notice and effective date of termination. In the event COUNTY cancels this Agreement pursuant to the terms in this paragraph 13(G), COUNTY shall pay any amount due and payable prior to the notice of suspension or cancellation pursuant to the terms herein except that COUNTY shall not be obligated to pay any amount as or for penalties, early termination fees, charges, time and materials for services not then performed, costs, expenses or profits on work done. 14. SURVIVAL OF PROVISIONS Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement include but are not limited to: INDEPENDENT CONTRACTOR; INDEMNIFICATION; INSURANCE; DATA PRACTICES; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION; PROMOTIONAL LITERATURE; and MINNESOTA LAW GOVERNS. 15. CONTRACT ADMINISTRATION In order to coordinate the services of the CITY with the activities of the Department of Environmental Services so as to accomplish the purposes of this contract, Dave McNary, Solid Waste Division Manager, or his or her successor, shall manage this contract on behalf of the COUNTY and serve as liaison between the COUNTY and the CITY. 16. COMPLIANCE AND NON-DEBARMENT CERTIFICATION A. CITY shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances currently in force or later enacted. B. CITY shall comply with all applicable conditions of the specific referenced grant. 17. SUBCONTRACTOR PAYMENT As required by Minnesota Statutes Section 471.425, Subd. 4a, CITY shall pay any subcontractor within ten (10) days of CITY's receipt of payment from the COUNTY for undisputed services provided by the subcontractor. CITY shall pay interest of 11/percent 10 per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is $10.00. For an unpaid balance of less than $100.00, CITY shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including any attorney's fees, incurred in bringing the action. 18. PAPER RECYCLING The COUNTY encourages CITY to develop and implement an office paper and newsprint recycling program. 19. NOTICES Any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the County Administrator with a copy to the originating Department at the address given in the opening paragraph of the Agreement. Notice to CITY shall be sent to the address stated in the opening paragraph of the Agreement. 20. CONFLICT OF INTEREST CITY affirms that to the best of CITY's knowledge, CITY's involvement in this Agreement does not result in a conflict of interest with any party or entity which may be affected by the terms of this Agreement. CITY agrees that, should any conflict or potential conflict of interest become known to CITY, CITY will immediately notify the COUNTY of the conflict or potential conflict, specifying the part of this Agreement giving rise to the conflict or potential conflict, and will advise the COUNTY whether CITY will or will not resign from the other engagement or representation. 21. PROMOTIONAL LITERATURE CITY agrees, to the extent applicable, to abide by the current Hennepin County Communications Policy(available upon request). This obligation includes, but is not limited to, CITY not using the term"Hennepin County" or any derivative in any promotional literature, advertisements of any type or form or client lists without the express prior written consent of a COUNTY Department Director or equivalent. 22. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 11 COUNTY BOARD AUTHORIZATION Reviewed by the County Attorney's COUNTY OF HENNEPIN Office STATE OF MINNESOTA By: Assistant County Attorney Chair of Its County Board Date: ATTEST: Deputy/Clerk of County Board Date: By: Richard P. Johnson, County Administrator Date: By: Assistant County Administrator, Public Works Recommended for Approval Date: By: Director, Department of Environmental Services Date: MUNICIPALITY CITY warrants that the person who executed this Agreement is authorized to do so on behalf of CITY as required by applicable articles, bylaws, resolutions or ordinances.* Signature: Name (Printed): Title: Date: *CITY shall submit applicable documentation(articles,bylaws,resolutions or ordinances)that confirms the signatory's delegation of authority. This documentation shall be submitted at the time CITY returns the Agreement to the COUNTY. Documentation is not required for a sole proprietorship. 12 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION FOR THE HENNEPIN COUNTY MUNICIPAL RECYCLING GRANT APPLICATION WHEREAS, pursuant to Minnesota Statute 115A.551, each county must develop and implement or require political subdivisions within the county to develop and implement programs, practices, or methods designed to meet its recycling goal; and WHEREAS, Hennepin County Ordinance 13 requires each city to implement a recycling program to enable the County to meet its recycling goals; and WHEREAS, the County has adopted a Hennepin County Residential Recycling Funding Policy for Source-Separated Recyclables to distribute funds to cities for the development and implementation of waste reduction and recycling programs from January 1, 2012 through December 31, 2015; and WHEREAS, to be eligible to receive these County funds, cities must meet the conditions set forth in the "funding policy." NOW, THEREFORE, BE IT RESOLVED, that the City Council authorizes the submittal of Municipal Recycling Grant Applications for 2012 through 2015 for the Hennepin County Residential Recycling Programs. BE IT FURTHER RESOLVED, that as a condition to receive funds under the Hennepin County Residential Recycling Funding Policy the City agrees to implement recycling programs as committed to by its submission of the Hennepin County Municipal Residential Recycling Grant Application. ADOPTED by the Eden Prairie City Council on May 15, 2012. Nancy Tyra-Lukens, Mayor SEAL ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 15, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. #12-5815 ITEM NO.: VIII.F. Leslie Stovring Approve Joint Powers Agreement with Public Works/Environmental the MN Department of Natural Resources Requested Action Move to: Approve the Joint Powers Agreement with the Minnesota Department of Natural Resources for Aquatic Invasive Species Prevention and Management Synopsis Riley-Purgatory-Bluff Creek Watershed District(RPBCWD)has requested that the City of Eden Prairie establish a municipal aquatic invasive species inspection program. To aid in this effort,the City has hired an intern to manage the watercraft inspector program for the summer. In order for City staff to receive training for the program, a Joint Powers Agreement(JPA)with the Dept. of Natural Resources (DNR) is required. Background Information On March 14, 2012,RPBCWD sent a letter acknowledging the City's efforts in establishing an aquatic invasive species (AIS)program. A proposed inspection program was approved on May 1, 2012 by the City Council that targets Riley, Red Rock, Mitchell and Round Lakes. The hope is that implementation of the inspection program will help in stopping the spread of invasive species such as zebra mussels. As part of the program, the City agreed to hire an intern to supplement the inspection hours and manage the program with our consultant. In order for the DNR to provide the training required for AIS detection and prevention,they require that the City sign a JPA. The JPA will be effective through December 31, 2012. All internship hours would be paid out of the City's water quality education program. Any other expenses would be paid out of the stormwater utility. The JPA includes the following provisions: • The DNR will provide training of individuals or contractors employed by the City and will certify them as authorized inspectors. • The DNR will provide training of licensed peace officers to enforce state invasive species law. • The City will ensure there is adequate law enforcement staffing to support the inspectors. • The City will ensure that individuals employed by the City and/or their contractors have completed the training and certification program. • The City will ensure that inspections are conducted in accordance with current DNR procedures. • The City will support education and outreach programs to help increase public awareness about the risks AIS pose and their ability to contribute to preventing or managing the spread of AIS. • The City and DNR will regularly meet to develop the AIS program. Attachments • Joint Powers Agreement JOINT POWERS AGREEMENT Between the Department of Natural Resources and the City of Eden Prairie for Aquatic Invasive Species Prevention and Management This Agreement is made by and between the Department of Natural Resources (DNR), an administrative agency of the State of Minnesota and the City of Eden Prairie, a local government unit with purposes and powers as set forth in Minnesota Statutes Chapters 412 (referred to generally as the Party or Parties). This Agreement is entered into pursuant to authority granted to DNR pursuant to Minnesota Statutes section 84.026 and to the Parties by Minnesota Statutes section 471.59. WHEREAS AQUATIC INVASIVE SPECIES (AIS) are nonnative species that cause or may cause economic or environmental harm or harm to human health or threatens or may threaten natural resources or the use of natural resources in the state; WHEREAS DNR has been authorized and charged with responsibility by the state legislature to establish a statewide program to prevent and manage the spread of AIS in coordination with other governmental entities; DNR has in its employ conservation officers trained and authorized to enforce the state invasive species laws; and DNR has developed AIS inspection protocols; WHEREAS Governmental Unit has authority under Minnesota Statutes, Section 412.221, to regulate and police public facilities within the boundaries of the Governmental Unit; and WHEREAS DNR and Governmental Unit are committed to three core principles: • Coordination of their authority and resources to develop a reasonable and effective water- related equipment inspection requirement to stop the spread of AIS in the state and prevent the introduction of new AIS; • a collaborative, cooperative approach to AIS management and prevention; • ensuring continued access to public waters. NOW, THEREFORE it is mutually agreed by and between the Parties as follows: 1. PURPOSE. The purpose of this agreement is to enhance Minnesota's capacity to prevent the spread of AIS by enabling local governmental units to perform AIS inspections and manage access to water resources in keeping with the three principles stated above. 2.TASKS AND RESPONSIBILITIES. A. DNR or its delegee will provide training of individuals and/or contractors employed by the Governmental Unit as inspectors and, on successful completion of training and testing requirements, will certify individuals as authorized inspectors in accordance with Minnesota Statutes section 84D.105, subd. 2(a). B. DNR will provide training of licensed peace officers identified by Governmental Unit to enforce the state invasive species law, as it pertains to the transport,possession and use of water-related equipment. C. Governmental Unit will ensure that there is adequate law enforcement staffing to support Governmental Unit inspectors when inspection stations are being operated. D. Governmental Unit will design and implement an AIS inspection program, approved by DNR, utilizing existing authorities and the authority granted to inspectors under Minnesota Statutes sections 84D.105, subd. 2(b) and 84D.10, subd. 3(a), clauses 1, 3, and 4 (the Program). E. Governmental Unit will designate individuals employed by the Governmental Unit and/or individuals working for contractors employed by Governmental Unit to serve as inspectors for the Program and ensure that these individuals complete the required training and certification in paragraph 2A of this agreement prior to performing inspections. Governmental Unit will help coordinate training of licensed peace officers as provided under paragraph 2B of this agreement. F. Governmental Unit will provide staffing for one or more inspection stations established under the Program with trained and certified inspectors, who will exercise inspection authorities in accordance with current DNR procedures and manuals. General inspection procedures include: i. Visually and tactilely inspecting water-related equipment to determine whether aquatic invasive species, aquatic macrophytes, or water is present; ii. Instructing persons on how to comply with AIS laws by removing AIS, draining, decontaminating, or treating AIS and water-related equipment to prevent the transportation and spread of aquatic invasive species, aquatic macrophytes, and water; iii. With owner's consent, assisting with the removal of AIS and decontamination of water-related equipment; iv. Issuing verbal orders to prohibit placing water-related equipment, that has AIS attached or water that has not been drained, into waters of the state; and v. Contacting Conservation Officers or licensed peace officers if a person transporting watercraft or water-related equipment refuses to take corrective actions to remove AIS or fails to comply with requirements to drain water prior to leaving the water access. G. Governmental Unit will support education and outreach projects and programs designed to increase public awareness and knowledge of the risks AIS pose to water resources and public capacity to contribute to the effort to prevent and manage the spread of AIS. H. Governmental Unit will bear all costs incurred in completing the tasks and responsibilities herein, except that DNR will provide, at its sole expense, staff and/or contracted professionals to coordinate and conduct the training described herein. I. Governmental Unit and DNR will regularly meet to collaboratively develop the above- described elements of Governmental Unit AIS Program and potential models that could be used by other local governments to help the prevent the spread of AIS, guided by the three core principles stated above. 2 3. INDEMNIFICATION. Each party to this agreement shall be liable for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its agents, volunteers or employees. It is understood and agreed that liability and damages arising from the parties' acts and omissions are governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, the Minnesota Tort Claims Act, Minnesota Statutes section 3.736, and other applicable laws. 4. TERM AND TERMINATION. The agreement becomes effective on March 15, 2012, or when fully executed, whichever occurs later. This agreement expires on December 31, 2012. The agreement may be terminated with or without cause by 30-day written notice to the other Party. 5. ENTIRE AGREEMENT. This agreement supersedes any prior or contemporaneous representations or agreements, whether written or oral, between DNR and Governmental Unit, and contains the entire agreement with regard to the subject matter herein. 6. AMENDMENTS. This agreement may be amended only by a writing signed by each of the Parties. 7. NOTICE. Any written communication required under this agreement will be addressed to the other party as follows, except that any party may change its address for notice by so notifying the other party in writing: To DNR: Ecosystem Management and Protection Section Manager Minnesota Depai tiiient of Natural Resources 500 Lafayette Road St. Paul MN 55155-4025 To Governmental Unit: City of Eden Prairie City Center 8080 Mitchell Road Eden Prairie, MN 55344 8. GOVERNING LAW AND VENUE. This agreement will be governed by and interpreted in accordance with the laws of the State of Minnesota. Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 9.WAIVERS. The waiver by DNR or Governmental Unit of any breach or failure to comply with any provision of this agreement by the other Party will not be construed as nor will it constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this agreement. 10. STATE AUDITS. Under Minnesota Statutes section 16C.05, subd. 5, Governmental Unit books, records, documents, and accounting procedures and practices relevant to this agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement. 3 11. GOVERNMENT DATA PRACTICES. Governmental Unit and DNR must comply with the Minnesota Government Data Practices Act, Minnesota Statute section 13, as it applies to all data provided by DNR under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by Governmental Unit under this agreement. The civil remedies of Minnesota Statute section 13.08 apply to the release of the data referred to in this clause by either Governmental Unit or DNR. If Governmental Unit receives a request to release the data referred to in this Clause, Governmental Unit must immediately notify DNR. DNR will give Governmental Unit instructions concerning the release of the data to the requesting party before the data is released. IN WITNESS WHEREOF, intending to be legally bound, the parties hereto execute and deliver this agreement. DEPARTMENT OF NATURAL RESOURCES By: Title: Date: COMMISSIONER OF ADMINISTRATION By: Title: Date: CITY OF EDEN PRAIRE By: Title: Date: By: Title: Date: 4 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 15, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC# 12-5812 ITEM NO.: VIII.G. Leslie Stovring Phase III Pond Inventory Program Public Works /Environmental Requested Action Move to: Approve the Professional Services Agreement with Wenck Associates in the amount of $114,815 for the Phase III Pond Inventory Program. Synopsis The proposal from Wenck is to provide an inventory of the stormwater ponding system within watersheds for Duck and Red Rock Lake. The inventory will be used to select projects for completion after 2013. This project is the third step towards completing the city-wide stormwater treatment inventory required in the Schedule of Compliance (SOC) set by the Minnesota Pollution Control Agency. The cost of pond inventory will be paid out of the stormwater utility. Background Information The City has been working on inventorying our stormwater system since 2003. The current inspection program includes visual inspection of stormwater treatment areas (including lakes, ponds, wetlands, ditches, raingardens, drainage swales and creek segments) to identify problems that require repair. However, the SOC requires additional inspections to determine stormwater treatment volume and effectiveness for each stormwater treatment area. The scope of work that will be used to complete the inventory was approved by the MPCA on April 18, 2011. The City has identified approximately 90 stormwater treatment areas within the study area. The services Wenck will provide include items such as the following: • Survey current pond depth and bathymetric contours for each selected water body. • Compare existing conditions with as-built information. • Calculate the removal efficiency(%) for phosphorus and sediment for each pond. • Determine which ponds need sediment removal. • Develop a model to evaluate the watershed runoff entering each lake from the study areas; this will include collecting sediment cores from each lake. • Determine whether opportunities exist to upgrade functionality of the ponds in areas where additional treatment may benefit the lakes. The estimated cost for 2012 is $114,815 based on analysis of 90 stormwater treatment areas within the study area. Stormwater treatment areas that receive no public drainage do not need to be included in the inventory. Costs will be paid from the storm water utility fund. Attachments • Proposal • Professional Services Agreement ,n '4: `_- R `'- ''' PROPOSAL FOR - ,,, - - PHASE III ` POND INVENTORY, 4 t . - MAINTENANCE PROGRAM 'evil. EVALUATION w 474 . 'i Prepared for: } 111 sa4 41004 i:i DCMA 4 4e : F,,1% `i r .,� +Patel, Ot t 14:'L ed:6,l.J. r. -. ,. iia ` ,` ' '• CITY OF EDEN PRAIRIE 8080 Mitchell Road ., — __ �, Eden Prairie, Minnesota 55344 It I, • , ti' , { - Prepared by: i Fs r. • - a Add Wend< Mr w.,;'miners - Scientists .- = '*.-� 's Wenck Associates, Inc. r 1800 Pioneer Creek Ctr. P.O. Box 249 O Maple Plain, MN 55359-0249 = T' �^ May 4, 2012 aF l cetf. s .. d Wenck Associates,Inc. 1800 Pioneer Creek Ctr. P.O,Box 249 1n' Maple Plain,MN 55359-0249 11 F encl< (763)479-4200 Fax(763)479-4242 Engineers • Scientists E-mail:wenckmp@wenck.com May 4, 2012 Ms. Leslie A. Stovring Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Proposal for Phase Ill Pond Inventory, Maintenance Program Evaluation Dear Ms. Stovring: Thank you for the opportunity to submit this proposal to assist the City of Eden Prairie with the Phase III Subwatershed Pond Inventory, Maintenance Program Evaluation and Lake Modeling. Our proposal will demonstrate that the Wenck approach is the best choice for the City both now and for future maintenance evaluations. We have assembled the same team of engineers and scientists that completed the Phase II effort. Our team has considerable experience in providing the GIS, inspection, modeling, and reporting services necessary to build upon the success of the Phase I and Phase II projects for the City. Our team is enthusiastic about continuing to serve the City, and we trust you will find Wenck to be well-qualified and responsive to your needs. Our employee-owners pride themselves on providing unmatched service, sound strategic advice, and technical excellence that fosters good decision-making and helps realize on- the-ground improvements. Thanks for the opportunity to work with you again. Sincerely, WENCK ASSOCIATES Joe Bischoff Ed Matthiesen, P.E. Project Manager Principal (763)-479-4229 (763) 479-4208 jbischoff@wenck.com ematthiesen@wenck.com Table of Contents Why Wenck? 1 Project Approach 2 Tasks, Schedule, and Budget 9 Wencl< Engineers•Scientists Why Wenck? Wenck Associates, Inc. is a full-service environmental and civil engineering firm with experience in planning, design, construction, and maintenance of water resource and storm drainage facilities. We have worked with municipal, county, watershed, and private clients to inventory and evaluate their infrastructure and maintenance plans to assure compliance with federal, state, and local regulations as well as to meet engineering and good housekeeping standards. We understand and are experienced with the Minnesota Pollution Control Agency's NPDES stormwater general permit and industrial stormwater standards. Wenck completed the City of Eden Prairie's Local Water Management Plan, the Plan Update, Nondegradation Plan, and Phase I of the Pond Inventory, Maintenance Program Evaluation and brings to the City skills and experience that expand on those previous projects. Presently, we are wrapping up Phase II of the Pond Inventory project(Eden Lake and Neill Lake subwatersheds pond inventory). The proposed 3th phase of the study will apply approaches similar to those applied in Phase I and Phase II. As applicable, Wenck will take the Nondegradation Assessment and Local Water Management planning documents a step further to evaluate whether current conditions satisfy goals outlined in the plans. Throughout this proposal, we intend to demonstrate the following benefits the Wenck team offers the City. • Easy-to-Use Technical Information Wenck engineers and scientists pride themselves on technical excellence. More important, however, Wenck staff is focused on conveying the meaning of this technical information to the client and how it will impact their business or operation. Just recently, Wenck staff presented Staring Lake subwatershed study results to the MPCA meeting in tabular and graphic formats. The MPCA used terms like "impressed" and"great job" during Wenck's presentation. Wenck's presentation of the 122 ponds inventoried was easy to digest, concise yet instructive. • Established Working Relationships The Wenck team is very familiar with surface water resources in the City. We wrote your Nondegradation Assessment and Local Water Management Plan and Plan Update. We have worked with City staff, files, and models in the past. This familiarity will save the City time and money in not having to re-educate us on how you execute projects. • Looking to the Future Wenck intends to build upon the success of the Staring Lake subwatershed by adding to the electronic, GIS-based approach will enable easy transfer and display of information to City staff, residents and policy-makers. 1 -iWendk Engineers-Scientists Project Approach The Wenck team proposes to provide the City of Eden Prairie with the third phase of engineering consultant services expanding the existing inventory and analysis of stormwater facility performance and maintenance needs. As shown in Figure 1, the Phase III study will include subwatersheds tributary to Duck Lake and Red Rock Lake. Wenck's approach will build upon the Phase I and II efforts, and continue use of an all-electronic method of evaluating, collecting and processing the pond inventory and maintenance needs. This method will allow for easy transfer of data to City staff and application to other subwatersheds in the City and add to the Phase I and II database. Task 1 — Stormwater System Analysis This task consists of identifying basins where the City is responsible for maintenance and selecting basins for further field evaluation. (Throughout this proposal, we will refer to constructed stormwater ponds and stormwater wetlands collectively as "basins.") Basin identification will be coordinated with City staff to determine which basins are located on City property, within City right-of-way, or under a drainage and utility easement. We expect to locate basins on City property and within City right-of-way using GIS-based parcel information from the City. We will continue collaborating with City staff in determining which basins may be under drainage and utility easements. There appear to be between 75 to 100 basins located in the Phase III subwatersheds based on Figure 1. We will verify that number using the Local Drainage Plan Update, Local Water Management Plan, and GIS files with 2-foot contour data. Task 1 also includes two important meetings. The first is the kick-off meeting with City staff to further discuss project goals and refine the scope of work as necessary to ensure it satisfies the items noted in the "Schedule of Compliance" issued by the MPCA and MS4 requirements. We suggest inviting MPCA to this meeting to ensure that they buy into the approach and agree to proposed reductions in field data collected. We understand that a second meeting may be necessary to ensure that all relevant data has been collected from the City for Wenck to start the project. After completion of Task 1, the Wenck Project Manager will meet with City staff a third time to determine which basins will be selected to undergo additional analysis in Tasks 2 and 3. Task 1 Deliverable: ■ Spreadsheet or database listing the water bodies identified for inclusion in the project. Task 2— Sedimentation Survey For Task 2, Wenck will visually inspect and perform a bathymetric survey for each basin identified in Task 1. This information will be used to determine if maintenance is required and assess the basin pollutant removal performance (Task 3). 2 -. Wendk Engineers•Scientists Project Approach (cont.) Wenck will review or collect the following by visual inspection: • Review storm sewer, grading, and utility plans available for each basin prior to field evaluation. If possible, these plans will be taken into the field with the inspector to allow for easy comparison between the proposed and constructed facilities. • Photograph basin features. • Identify and report plain-sight maintenance needs (i.e., erosion, accumulation of debris on trash racks, repairs to damaged structures)using the "Stormwater System Follow-Up Checklist"provided in the Request for Proposals. This information will be entered into our hand-held GPS unit such that it can be easily downloaded into the City Water Body Inventory database or a spreadsheet back in the office. • Estimate the percentage of the pond's permanent pool surface regularly covered by aquatic vegetation. • Measure the basin length and width. We will conduct the sedimentation survey using a survey-grade sub-centimeter GPS unit. The survey will include a bathymetric survey of the basin, estimation of accumulated sediment depth, water surface elevation, and basin outlet/overflow data. Cross-sections will be surveyed throughout each basin to determine the bathymetry, and we will estimate the depth of sediment using a metal probing rod. We do not believe that soil borings and subsequent soil analysis are warranted to determine the original bottom of the basin. Similar to work we have done in County Ditches and at Albert Lea Lake (18 feet of accumulated sediment), the probe is advanced into the basin muck until resistance is felt(the original basin bottom). We will record that depth and compare it to the design, if available. After completing Task 2, Wenck will meet with City staff to review the results of Task 2 and the scope of work for Task 3. Task 2 Deliverable: • Expand the spreadsheet or database from Task 1 to include the measured parameters from Task 2. Task 3 — Basin Analysis Task 3 analyzes the data collected from Task 2 to determine the sedimentation level, pollutant removal effectiveness of the basin, and,ultimately, which basins need sediment removal. Wenck will use ArcMap software to import the GPS survey data from the field evaluation to determine the degree of sediment deposition in each basin. The ArcMap software will allow Wenck to calculate the volume of the basin below any elevation. Therefore, we can quickly calculate the basin surface area, permanent pool volume, and live storage volume. From this information, we will then estimate the degree of sedimentation by comparing the volume to the design or as-built plans for each basin. Where design or as-built plans are not available, we will determine the degree of sedimentation using the probing rod results for those cases. 3 ddWenckk Engineers-Scientists Project Approach (cont.) Using the spreadsheet from Task 2, Wenck will calculate the water quality volume draining to the basin and the permanent pool volume within the basin. Flood elevations will be obtained from design plans, or estimated using the top elevation of the basin. Following guidance from the Minnesota Stormwater Manual, map the path of stormwater flow, and calculate the length to width and ratios of permanent and temporary storage area to the drainage area. Wenck will determine the load-based removal efficiency of each basin using a numerical relationship developed from the computer model P8. We will run the P8 model with a"dummy" subwatershed and variety of pond permanent pool volumes to determine the total suspended solids (TSS) and total phosphorus (TP)removal efficiencies. These removal efficiencies will then be compared to those for a basin designed to NURP standards. This will produce a simple relationship with which to compare each basin evaluated in the field. Wenck will prioritize basin maintenance based on the degree of sedimentation found in each pond, its hydrologic proximity to public waters, and the potential water quality benefits of increasing permanent pool volumes. We will discuss with City staff whether the plain-sight maintenance needs identified during the field evaluation should be included in our prioritization. The City may wish to exclude and evaluate these items on a case-by-case basis and incorporate them into ongoing maintenance programs. Wenck and City staff will meet at the completion of Task 3 to discuss the priority rankings and determine which basins will be selected for the NURP Criteria Analysis in Task 4. Task 3 Deliverable: ■ Expand the spreadsheet or database from Task 2 to include the calculated parameters from Task 3. The data will be in a format compatible with the City's GIS system. Task 4 — NURP Criteria Analysis The purpose of Task 4 is to quantify the water quality improvement of dredging or expansion of the priority basins with the goal of satisfying NURP standards. The rankings developed in Task 3 will indicate which basins require dredging or could be expanded. We do not anticipate that all basins included in the field inventory will be selected for analysis in Task 4 because of physical (site restraints) or ownership limitations. NURP standards require that stormwater ponds have a permanent pool volume that is at least equal to the runoff from a 2.5-inch, 24-hour storm event. For the priority basins, Wenck will estimate the amount of dredging or expansion that is practical and re-evaluate the load-based removal efficiency. Task 4 Deliverable: • Expand the spreadsheet or database from Task 3 to include the revised load-based removal efficiency from Task 4. 4 AddWencl< Engineers-Scientists Project Approach (cont.) Task 5- P8 and Bathtub Analysis The purpose of Task 5 is to provide the City with an expanded assessment of City pond performance in the Red Rock Lake and Duck Lake watersheds. Wenck proposes the following additional tasks to provide the City with updating the Phase I P8 and lake-response models for Duck Lake and Red Rock Lake. P8 is an industry-standard model developed to assess pollutant loading in urban watersheds. Similarly, BATHTUB is widely-used model used to assess in-lake pollutant concentrations as a result of external and internal loads. P8 will be used to generate and predict external loads for the BATHTUB model. We will complete the following tasks to accomplish the scope of work: Task 5A. Data Analysis Task A entails the collection and processing of data through GIS for developing watershed inputs for the P8 Model. The same process for developing model inputs will be used for this analysis as was used to create the models for the Nondegradation Plan. Input data includes subwatershed area, the watershed impervious fraction, and the pervious area curve number. Task 5B. P8 Modeling Wenck developed a P8 model for Phase I that was an expansion of the Staring Lake Watershed P8 model for the City of Eden Prairie's Nondegradation Plan. We will expand on this model to include the Phase II basins identified for field evaluation in Pond Inventory Project. Watershed information will be determined from the land use analysis and basin data will be taken directly from the field evaluation. The model will be validated using water quality monitoring data where available. Task 5C. Evaluate P8 Model Results P8 will be used to calculate watershed runoff loads for TSS and TP. Inserting basin data obtained from Pond Inventory Project will allow us to calculate the approximate amount of TSS and TP removed by the basins. These values, in turn, will serve as input for the BATHTUB analysis. Task 5D. Obtain Sediment Cores from Duck Lake and Red Rock Lake Bottom Sediments. To assess the role of watershed loads in affecting Duck Lake and Red Rock Lake water quality, it is important to know the level of internal loading in the lakes. To assess the internal load, Wenck will collect sediment cores from the deepest part of the lake and measure the anoxic release of phosphorus from the sediments. These results will be combined with dissolved oxygen and temperature profiles from Duck Lake and Red Rock Lake to develop annualized phosphorus loads from the sediments. Task 5E. BATHTUB Modeling and Analysis. Once the watershed load and internal load has been determined using a similar methodology as completed in Phase I for Staring Lake and Phase II for Eden Lake and 5 AdidWencl< Engineers-Scientists Project Approach (cont.) Neill Lake, Wenck will expand the spreadsheet version of BATHTUB to assess in-lake water quality response. This model will be conducted for up to 10 years depending on the availability of the data. The lake response model will then be used to determine the required level of effort in pond maintenance to meet established lake water quality goals such as state eutrophication standards. Task 5F.Draft Technical Memorandum to Summarize Results. Wenck will draft a technical memorandum to describe the modeling methods, results, and conclusions. We will evaluate the results of the Pond Inventory Project and discuss the implication on Duck Lake and Red Rock Lake. For example, the Pond Inventory Project may show that significant maintenance of stormwater ponds is necessary; however, the P8 and BATHTUB assessment may show that Duck Lake and Red Rock Lake are still protected, and perhaps being improved, although pond maintenance is needed. Task 6— Report Requirements Upon completion of the analysis, Wenck will complete a final report to summarize the methods and results of the study. The report will detail the methods of the field evaluation and analysis from Tasks 2-5, and highlight critical maintenance activities including individual basin sediment volumes. Plain-sight maintenance activities will be summarized using tables and figures rather than a detailed explanation for each individual basin visited during the field evaluation. We will also discuss easement needs for the City to consider. The report will present cost considerations for the recommended maintenance activities. Among these, dredging and disposal of sediment is likely the most costly. Therefore, our planning-level cost estimates will include costs for sediment characterization, mobilization, site preparation, dredging, sediment disposal, minor storm sewer work, site restoration, and erosion control. We will also discuss cost impacts if contamination is identified in any dredged material. The report will also identify whether proposed improvements will require a permit. Local, state and federal permits for construction may be required. Most importantly, though, is that the Minnesota Wetland Conservation Act(WCA)may apply to any proposed work in stormwater wetlands. The report will address what actions by the City do and do not require a WCA permit. Wenck will submit a draft report to City staff for review and approval prior to finalizing the report. We expect one meeting with City staff and one meeting with the Conservation Commission to present the results and recommendations of the study. Task 6 Deliverables: • Final spreadsheet or database from Task 4. • All GIS files. • Project report to include all office, field and modeling analyses conducted by the project team. 6 +didWenckk Engineers-Scientists Project Approach (cont.) Task 7— Meetings, Project Management & Project Summaries Task 7 includes attendance at the seven meetings noted in Tasks 1-6 above, mileage, and project coordination time. The task also includes drafting of a project summary to be attached to each invoice. The project summary will detail the amount billed to date, tasks which need to be completed, the estimated cost to complete these tasks, and the projected timeline for completion of the project. Task 7 Deliverables: ■ Attendance at meetings specified in Tasks 1-6 above. ■ A project summary report with each monthly invoice. 7 Wencl< Engineers-Scientists Tasks, Schedule, and Budget There are six primary tasks to complete the Phase III project. As we identified in the Project Approach, Wenck has added Task 7 to account for meeting time, project management, and project summaries. We are ready to begin Task 1 as soon as the City issues the notice to proceed. Our proposed schedule (Table 1) is flexible and can be adjusted to meet the specific needs of the City. Table 1. Tasks and schedule to complete Phase III of Eden Prairie's Pond Inventory and Maintenance Evaluation and P8 and BATHTUB models. 2012 2013 May Jun Jul Aug Sep Oct Nov Dec Jan Phase 3412341234512341234512341234123451234 0 Notice to Proceed 1 Stormwater S stem Anal sis 2 Sedimentation Survey 3 Basin Analysis 4 NURP Criteria Analysis 5 P8 and Bathtub Analysis 6 Report 1111.111-11 The proposed budget has been estimated on a time and materials basis and includes expenses (mileage,printing, etc.). The tasks and cost per task are identified in Table 2. Table 2. Budget to complete the Eden Prairie Pond Inventory and Maintenance Evaluation. Task ID Description Not-to-Exceed Amount TASK 1 Stormwater System Analyses $7,370 TASK 2 Sedimentation Survey $360 / pond TASK 3 Pond Analysis $165 / pond TASK 4 NURP Criteria Analysis $105 / pond TASK 5 P8 or BATHTUB meetings 5A Data Analysis $3,522 5B P8 Modeling $81 / pond 5C Evaluate P8 Model Results $4,125 5D Obtain Sediment Cores from Neill Lake and Eden $7,000 Lake 5E BATHTUB Modeling and Analysis $6,683 5F Draft Technical Memorandum $5,190 TASK 6 Report Requirements $137 / pond TASK 7 Meetings, Project Management & Project Summaries $8,700 8 Tasks, Schedule, and Budget The cost to complete the project is presented in Table 2 on a per task basis. In discussion with City staff, the total number of basins to be considered for the inventory during Phase III is 90. The total cost of the proposed project, assuming 90 basins is $114,815. 9 Rev. 3-29-12 Standard Agreement for Professional Services This Agreement is made on the Fourth day of May, 2012, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Wenck Associates Inc., a Minnesota Environmental Consultant (hereinafter "Consultant") whose business address is 1800 Pioneer Creek Center, P.O. Box 249. Maple Plain, MN 55359. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Phase III Pond Inventory, Maintenance Program Evaluation hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit "A" (Proposal for Phase III Pond Inventory, Maintenance Program Evaluation) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions including proposals and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from May 15, 2012 through December 31, 2013 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $114,815 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 1 Rev. 3-29-12 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Joe Bischoff and Ed Matthiesen to serve on the Project. They shall be assisted by other staff members as 2 Rev. 3-29-12 necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 3 Rev. 3-29-12 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that ail qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services 4 Rev. 3-29-12 provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products— Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. 5 Rev. 3-29-12 c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. i. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. Ail policies, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. 6 Rev. 3-29-12 A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 7 Rev. 3-29-12 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 26. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME By: 7i/a' Its: U e Pelesdpka 8 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 15, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 12-5809 ITEM NO.: VIII.H. Mary Krause Award Contract to Pearson Brothers, Public Works/Engineering Inc. for the 2012 Sealcoating Project Requested Action Move to: Award Contract for 2012 Street Sealcoating to Pearson Brothers, Inc., in the amount of$584,265.36. Synopsis Bids were received on Thursday, April 26, 2012 for the 2012 Sealcoating project. Three bids were received and are tabulated as follows: Pearson Brothers, Inc. $584,265.36 Allied Blacktop Company $599,974.12 ASTECH $691,580.35 Background Information Street sealcoating is an annual street maintenance project. Bid prices increased above 2011 bid prices; however prices for the 2011 project had actually decreased. Unit prices for this years' project are similar to prices of the 2010 unit prices. The 2012 Operating and Maintenance budget for sealcoating is $210,000. The balance of approximately $375,000 between the actual project costs and the budgeted amount will be taken from the a combination of CIP pavement maintenance fund for street sealcoating and the Parks and Recreation Division trail and parking lot maintenance funds. Attachment • Bid Tabulation 2012 Seal Coating City of Eden Prairie I.C. #12-5809 Pearson Brothers,Inc. Allied Blacktop Co. ASTECH Corp. EST. UNIT UNIT UNIT NO DESCRIPTION QTY. UNIT PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 FA-3,C1.A 215,117 Sq.Yd. $1.26 $271,047.42 $1.40 $301,163.80 $1.49 $320,524.33 (0.34 gal/sq.yd.CRS-2P) Bit. Seal Coat gray or black only 20 lbs/sq.yd.FA-3,CL.A 2 Streets 173,179 Sq.Yd. $1.22 $211,278.38 $1.22 $211,278.38 $1.38 $238,987.02 FA-2,Modified (0.24 gal/sq.yd/CRS-2) C1.A(1/8"Trap Rock) (20 lbs/sq.yd.FA-2 Mod) Bituminous Seal Coat 3 Trails 22,866 Sq.Yd. $1.50 $34,299.00 $1.29 $29,497.14 $2.10 $48,018.60 FA-2,Modified C1.A(1/8"Trap Rock) (0.24 gal/sq.yd/CRS-2) Bituminous Seal Coat (16 lbs/sq.yd.FA-2 Mod) 4 Parking Lots 40,024 Sq. Yd. $1.69 $67,640.56 $1.45 $58,034.80 $2.10 $84,050.40 FA-2,Modified (0.28 gal/sq.yd/CRS-2P) CI.A(1/8"trap rock) (16 lbs/sq.yd.FA-2 Mod.) TOTAL BASE BID $584,265.36 $599,974.12 $691,580.35 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 15, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 12-5811 ITEM NO.: VIII.I. Mary Krause Award Contract to GMH Asphalt Public Works/Engineering Corporation for the 2012 Bituminous Overlay Project Requested Action Move to: Award Contract for 2012 Street Bituminous Overlay project to GMH Asphalt Corporation in the amount of$1,323,980. Synopsis Bids were received on Thursday, April 26, 2012 for the 2012 Bituminous Overlay project. Six bids were received and are tabulated as follows: GMH Asphalt Corporation $1,323,980 Midwest Asphalt Corporation $1,396,125 Hardrives, Inc. $1,396,750 Bituminous Roadways, Inc. $1,438,500 Northwest Asphalt, Inc. $1,468,925 William Mueller& Sons, Inc. $1,574,550 Background Information The Bituminous Overlay is an annual street maintenance project. The bituminous prices for this year's overlay project are about 15% more than the 2011 overlay bituminous prices. The 2012 Operating and Maintenance budget for milling and overlay is $217,000. The Pavement Management CIP fund for 2012 has allocated an additional $1,740,000 for pavement maintenance. In addition to the overlay project, the pavement maintenance CIP fund also finances seal coating and cracksealing projects. Attachment • Bid Tabulation 2012 Bituminous Overlay City of Eden Prairie I.C. #12-5811 GMH Asphalt Corp. Midwest Asphalt Corp. Hardrives,Inc. Bituminous Roadways,Inc. Northwest Asphalt Inc. Wm.Mueller&Sons EST. UNIT UNIT UNIT UNIT UNIT UNIT NO. DESCRIPTION QTY. UNIT PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL MnDOT Mix 1 (SPWEB240B) 19,500 Tons $54.66 $1,065,870.00 $54.75 $1,067,625.00 $55.00 $1,072,500.00 $54.60 $1,064,700.00 $56.75 $1,106,625.00 $55.90 $1,090,050.00 2 MnDOT Mix (SPWEB340B) 3,000 Tons $55.87 $167,610.00 $55.00 $165,000.00 $56.00 $168,000.00 $54.60 $163,800.00 $57.35 $172,050.00 $59.65 $178,950.00 3 Bituminous Edge Milling 5,000 Lin.Ft. $0.55 $2,750.00 $1.50 $7,500.00 $2.00 $10,000.00 $1.05 $5,250.00 $1.00 $5,000.00 $3.00 $15,000.00 Bituminous Full Depth 4 Milling 195,000 Sq.Yds. $0.45 $87,750.00 $0.80 $156,000.00 $0.75 $146,250.00 $1.05 $204,750.00 $0.95 $185,250.00 $1.49 $290,550.00 TOTAL BASE BID $1,323,980.00 $1,396,125.00 $1,396,750.00 $1,438,500.00 $1,468,925.00 $1,574,550.00 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 15, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC# 08-5717 ITEM NO.: VIII.J. Leslie Stovring Erosion Stabilization Design Analysis Public Works/Environmental Project for Lower Riley Creek Requested Action Move to: Approve the proposal from Short Elliot Hendrickson for completion of a Design Analysis and Preparation of Plans and Specifications for stabilization and restoration of an erosion site within Lower Riley Creek at an estimated cost of$49,659. Synopsis The Riley-Purgatory-Bluff Creek Watershed has completed an analysis of Lower Riley Creek to locate areas that require bluff stabilization. Riley Creek is listed as impaired by the State impaired for turbidity(sediment) and stabilization of these bluff areas is required to delist the creek. This project will stabilize and restore a significantly eroded section of Lower Riley Creek that lies between Prospect Road and Spring Road. The construction would be completed concurrently with the construction of Prospect Road to minimize project costs and impacts to residents who adjoin the project area. The costs for this project will be paid out of the stormwater utility fund. Background Information A design analysis and creek stabilization project is proposed for a section of Riley Creek south of Prospect Road. The plan is to restore this reach by making alterations to the creek channel and banks that are resilient and self-maintaining while minimizing disturbance to the surrounding area. The project will include removal of excess trees and brush from the project area to allow native vegetation to re-establish along the banks to provide long-term stability to the area. Methods such as incorporation of rock vanes or log control structures would be used to slow creek flow and focus the flow into the center of the channel. The scope of work will include: • Collection of hydrologic and hydraulic information for the creek • Analysis and modeling of the channel and flow conditions • Floodplain assessment • Wetland and seep identification • Coordination of plans and permitting requirements with the technical agencies, including the Dept. of Natural Resources, U.S. Army Corps of Engineers and the Riley-Purgatory-Bluff Creek Watershed District • Construction administration, including preparation of plans and specifications, staking of construction limits and field inspections The estimated cost for the design services, preparation of the plan and specifications, and construction administration is $49,659. Attachment SEH Professional Services Agreement/ Proposal Rev. 3-29-12 Standard Agreement for Professional Services This Agreement is made on the 15th day of May, 2012, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Short Elliot Hendrickson, Inc, a Minnesota consulting firm (hereinafter "Consultant") whose business address is 10901 Red Circle Drive, Suite 300 Minnetonka, MN 55343. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Lower Riley Creek Reach H2-H3 Stabilization Project Design, Bidding and Construction Phase Services hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit "A" (RE: Lower Riley Creek Reach H2-H3 Stabilization Project) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions including proposals and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from May 15, 2012 through December 31, 2013 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 49,659.00 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. 1 Rev. 3-29-12 Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method_ of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 2 Rev. 3-29-12 6. Project Manager and Staffing. The Consultant has designated Carter Schulze and Justin Klabo to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq.; the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 3 Rev. 3-29-12 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services 4 Rev. 3-29-12 provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products —Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident(shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. 5 Rev. 3-29-12 c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. i. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All policies, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty(30) days prior written notice to the City. 6 Rev. 3-29-12 A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant falls to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City(including sole negligence)and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 7 Rev. 3-29-12 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 26. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME By: Its: i / 8 SEH EXHIBIT A May 2,2012 RE: City of Eden Prairie Lower Riley Creek Reach H2-H3 Stabilization Project SEH No.P-EDENP 120302 Leslie A. Stovring Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Dear Ms. Stowing: Building off our past experience working with the City on stream restoration and infrastructure projects,the City can be confident that SEH team members have the necessary knowledge and experience to successfully complete this project in an efficient,cost effective and overall successful manner. Our proposal includes a brief background of the project,our approach,our proposed work plan,our project team and estimated fees. We have also enclosed several examples of related work. For this project we have assembled a team of highly qualified water resources,geotechnical and natural resources professionals.Our team members have diverse experience,but at the same time specialize in key areas including geomorphology and stream restoration,hydrology and hydraulics,erosion control and sediment transport, soil mechanics,slope stability,plant ecology and aquatic biology. Short Elliott Hendrickson Inc.(SEH®) is pleased to provide the City of Eden Prairie with our proposal for professional engineering services for the erosion stabilization project along Riley Creek. SEH will provide a solution that restores and provides stability to the eroded bank. Background The Riley Creek Erosion Stabilization project includes two t-l � , n ;_ critical areas of erosion along Riley Creek(Site H2 and H3). The two sites are located within the Lower Valley of Riley Creek g:~ between River Station 190+00 and 194+00. Site H2 and H3 are classified as High Priority erosion areas. At both sites,the bank located along the easterly side of the channel is degrading. Based on our field observations,the eroded bank at Site H2 is approximately 15-20 feet high(see Figure 1)and at Site H3 is 15-25 feet in height(see Figure 2)and nearly vertical in both instances. The erosion at these sites is caused by two Figure 1-Site H2 Bank Erosion Short Elliott Hendrickson Inc., 10901 Red Circle Drive,Suite 300,Minnetonka,MN 55343-9302 SEH is an equal opportunity employer I www.sehinc.com 1952.912.2600 1800.734.6757 I 952.912 2601 fax Leslie A. Stowing May 2,2012 Page 2 fundamental factors: fluvial erosion;and steep slopes with limited vegetative cover causing instability on the face of the bank. In addition, observed ground water seeps in the area lead to increased instability and additional erosion on the channel banks. The erosion sites are located within a heavily wooded reach of Riley Creek. In fact,the tree roots and limited vegetated growth along the channel banks are potentially the only things preventing the erosion from being far worse than it is today. The heavy canopy created by the dense trees and brush allows only a limited amount of sunlight to pass through limiting the amount of vegetation that can be established along the channel leaving the toe of the bank unprotected and highly susceptible to erosion. As a result,the natural forces in the channel continue to degrade the toe of the bank,leading to the instability of the bank and the degraded state that currently exists. Based on our observations during a recent site visit,the banks continue to degrade at a rapid rate. Rapid degradation is evident when comparing the picture provided by the City in the RFP showing a large Oak tree at the top of the bank at Site H3,to our photograph where the tree was toppled over across the channel(see Figure 2). The toppled tree is also partially obstructing high flows within the floodplain and would be removed as part of the construction. Figure 2-Site H3 Bank Erosion Project Approach The City proposes to abate the erosion problem and provide long term stability to the channel reach. Our approach will focus on making alterations to the channel and bank that are resilient,self-maintaining,and incorporate primarily natural elements that provide both aesthetic and environmental benefits as well as minimize disturbance of the site and surrounding area during and after construction. This approach will utilize natural elements found throughout the project area as much as possible and incorporate them into the design to maintain the natural aesthetics of the area as well as provide cost savings for the project. After walking the creek,we believe there are two primary alternatives to consider for stabilizing the channel and the eroded banks. The first option includes stabilizing the toe of the bank along the channel and reinforcing the slope. Techniques used for this alternative include utilizing coir rolls to provide toe protection and installing a Vegetated Reinforced Soil Slope(VRSS)to stabilize the bank erosion. A conceptual rendering of Site H3 has been included showing the integration of coir rolls and a VRSS. A VRSS combines the mechanically stabilized earth systems of typical retaining wall construction with the principals of soil bioengineering to create an environmentally responsible solution to slope instability. Overall,the VRSS walls are very effective bank stabilization solutions that enable riparian areas to be reestablished. This alternative also presents the least amount of disturbance to the natural habitat along Riley Creek. Potential construction access points were identified during our site visit which will allow minimized overall disturbance to the sites. Leslie A. Stowing May 2,2012 Page 3 The second option includes realigning the channel to a central location with the floodway,allowing the eroded bank to be stabilized through more traditional practices such as grading to reduce the overall slope of the bank. The realigned channel would be located away from the eroded bank far enough to allow the slope to be graded with limited potential for erosion. The channel would be stabilized using coir rolls,erosion control blanket and other measures to ensure the newly constructed channel would be stable and unable to replicate the extent of erosion that currently exists. Drawbacks to this alternative include a much larger overall disturbance to the area. A newly constructed channel and slope grading create a large construction footprint within the sensitive area. It is anticipated that a vegetation management program will need to be implemented within the study area, regardless of which alternative is selected. This critical step will remove excess trees and brush from the project area and allow native vegetation to be established ensuring the long-term stability of the area. In addition to the previously mentioned stabilization techniques and practices, grade-control measures may be necessary for the channel depending on the findings during the preliminary analysis. The grade-control techniques could potentially include measures such as rock vanes and log control structures to control the velocities within the stream and focus the thalweg to the center of the channel, away from the stream banks. Based on our site visit and initial observations,we believe the best solution for these sites is to implement a VRSS,coir rolls and a vegetation management program. This approach will stabilize the erosion sites, minimize the disturbance to the stream ecosystem and be the most cost effective. Our work plan has been tailored based on this approach.We will however evaluate other options during the preliminary design phase to determine their feasibility,provide a relative cost comparison and make a final recommendation thereafter. We recognize the erosion sites are located adjacent to an existing development along the eastern extents of the Riley Creek bank. In addition, a new development along the Riley Creek westerly bank is also being proposed. These developments will be reviewed to determine if any potential impacts are associated based on the preferred alternative. Work Plan We will provide the services to the City as outlined in the enclosed Task Hour Budget(THB)within the project area for a not-to-exceed fee of$49,659. Our THB and its footnotes contain our key assumptions regarding the scope of our work. Our not-to-exceed fee includes reimbursable expenses.We will bill you monthly on an hourly basis for our labor and reimbursable expenses.We will only proceed with additional work following your authorization. Work shall be done in accordance with the City's Standard Agreement for Professional Services (Agreement).This proposal letter is an exhibit to that Agreement. Project Schedule We will be available to begin work as soon as a contract is approved. The schedule is based on late fall and early winter construction in order to take advantage of drier conditions. We plan to have the Preliminary Design Report completed by the end of June 2012,provided that we receive written authorization to proceed by mid May 2012. Final design will commence in July 2012 with bid documents ready for advertisement in Leslie A. Stovring May 2,2012 Page 4 August 2012. Construction is anticipated to start in September 2012 with substantial completion by middle of November 2012. Final restoration is anticipated to be completed in the Spring of 2013. The Agreement,Exhibit A, and the THB represent the entire understanding between the City and us with regards to the project. We look forward to working with you,your staff and the City of Eden Prairie on this project. Thank you for the opportunity to continue to work with the City of Eden Prairie. If you have any questions don't hesitate to contact Carter Schulze at 952.912.2610 or Justin Klabo for any technical questions at 651.765.2933. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Carter A. Schulze,PE Project Manager Enclosures fi J S EH Task Hour Budget City of Eden Prairie Lower Riley Creek Reach H2-H3 Stabilization Project Design, Bidding and Construction Phase Services May 2, 2012 ESTIMATED COST PROJECT TASKS 1.0 Data Collection 1.1 Data Collection(1) 1.2 Project Team Kick off Meeting with City Subtotal Hours., 110 Subtotal Labor Cost , $ 42 2.p Preliminary Design 2.1 Project Charrette Meeting(12) 2.2 Channel Analysis(2)(4)(5)(16) 2.2.1 Stream Dynamic and Channel Sinuosity 2.2.2 Sediment Transport 2.2.3 Deposition Areas 2.2.4 Off-channel storage areas 2.2.5 Site Survey 2.4 Geotechnical Investigation(6)(7)(8) 2.5 Hydraulic Modeling(15)(18-20) 2.6 Wetland Delineation/Seep Identification/Report(13) Subtotal,Hours 104 0 Subtotal La. or Cost 1,2 ' b Report. 3.1 Preliminary Report(10)(11) Sbtota ��urs 32 Subtoal,Laior Cost, S3,48i 4.1 Construction Plans 4.1.1 Construction Details 4.1.2 Grading Plan 4.1.3 Restoration 4.1.4 Erosion control Page 1 of 4 ESTIMATED COST PROJECT TASKS 4.1.5 Cross Sections 4 1 6 City Plan Review Meeting 9$0 Subtota Labor Cost, $, 0,203 ,. 4.2 Project Manual(3) 4.2.1 Front end 4.2.2 Special Conditions 4.2.3 Proposal Form 4.2.4 Form of Contract 4.2.5 Performance Bond 4.2.6 Payment Bond 4.2.7 Soil Borings 4.2.8 Appendix Subtotal Hourrs 150 Subtotal Labor Cost1,73 4.3 Opinion of Probable Cost 4.3.1 Quantity Calculations Subtotal Hours 1� 0„. Subtotal Lab:or Cost $:1,443r 4.4 Permits(14) 4.4.1 Agency coordination 4.4.2 Riley-Purgatory-Bluff Creek Watershed District 4.4.3 WCA-Wetland Delineation and Final Technical Review 4.4.4 Dept.of Natural Resources 4.4.5 NPDES Permit and SWPPP Subtotal Hours 2� 0 Subtotal Labor Cost., , ,320, , , , 4.5 Bidding Assistance 4.5.1 Ad for Bids 4.5.2 Prepare Tabulation of Bids 4.5.3 Prepare and Send Bid Documents to Bidders 4.5.4 Respond to Bid Inquiries 4.5.5 Addendums 4 5 6 Bid Opening Subtotal Hours Subtotal tr*411(itEgPriaaIPEIPgigPISIPPIERM 60 ; $693 5 onstruction tii stratiiou 4. , , 5.1 Construction Administration and Observation(22) 5.2 Construction Staking 5.3 As-builts(21) Igen Subtotal Hourrs 56.0 ginteSubtotal Labor Cost M,..,`,.,,. 1"" . ...S1b1910`.,,, " Page 2 of 4 ESTIMATED COST PROJECT COST SUMMARY Subtotal Hours 455.0 Subtotal Labor Cost $48,523 Subtotal Expenses(9) $1,136 TOTAL COST ASSOCIATED WITH THIS PROPOSAL: $49,659 P:\AE\E\Edenp\120302\1-genl\10-contracts\Proposal\[THB RilCrk Stab_H2H3_5.2.12 Council.xls]Hours-Cost NOTES: 1 Background data includes past drainage studies, as-builts within study area, aerial photography, seep location diagram and wetland delineation report for the proposed development(Hennepin Village Site B), Environmental Assessment Worksheet(for Oak Park at Hennepin Village),wetland boundaries and NWI information,2'contour mapping within project reach, floodplain topography, other utility information as available,pervious/impervious cover areas within the subwatersheds and insurance information.This data will be collected from various sources as necessary including; City of Eden Prairie,Riley-Purgatory-Bluff Creek Watershed District,Hennepin County,FEMA,NRCS,Minnesota DNR and the University of Minnesota. 2 Includes time for a two person survey crew to collect topographic survey including existing channel thalweg profile, cross section survey of the erosion areas,channel geometry and geotagged photographs for a minimum area of 5-10 meanders upstream and 3-5 meanders downstream of the study area. 3 The project manual will be developed in accordance with the City of Eden Prairie's standard construction plans and specifications. 4 The geomorphic assessment will take into account all of the background data collection and all of the field reconnaissance,topographic survey, geotechnical investigation,hydraulic analysis,wetland delineation and seep identification.The channel analysis will include the evaluation of cross sections and channel bottom profile to look at bankfull depth, bankfull width, width to depth ratio and slopes of the stable reference reach. Additional information to collect includes sediment transport, deposition areas and off-channel storage areas. 5 Stream dynamic and sinuosity will be evaluated for 5-10 meanders upstream and 3-5 meanders downstream of the study area. 6 SEH will conduct four soil borings by hand auger. A qualitative geotechnical analysis will be completed to determine appropriate soil characteristics. The soil borings will extend to a depth of 7 feet or refusal. 7 Additional geotechnical investigation work may be necessary based on the preferred alternative. If additional soil borings are necessary, SEH will prepare a scope of work for a drilling and testing firm to complete the additional soil borings. The cost for any additional drilling and testing is not included within this proposal. It is anticipated the drilling and testing firm will contract directly with the City for their services. 8 SEH will stake borings in the field,coordinate drilling and testing,perform review of soil samples, and assign laboratory testing for any additional soil borings. 9 Reimbursable expenses include printing, auto allowances, mileage, and survey equipment. Page 3 of 4 10 Includes existing condition details, discussion of the need for the project, hydraulic modeling results, results and analysis of soil borings, analysis of the causes of erosion,discussion of potential stabilization alternatives, concept plans for the alternative(s) selected for correction of the problem, conceptual details for stabilization and grade-control options(if selected), determination of the permitting requirements and jurisdictional agencies, cost estimates for each alternative and potential funding outside of the City and/or Watershed District. 11 Deliverable includes two hard copies, one digital(MS Word) copy on CD for review, Six(6)original bound copies delivered to the City, and one pdf copy of the completed final study report emailed to the City. 12 A charrette meeting will be held on site with a member of each technical discipline to discuss the project and formulate potential alternatives for the erosion issues. The Charrett meeting will be used to streamline the design process by involving all technical areas within one coordinated approach, ensuring aspects of each alternative are analyzed and accounted for. 13 The project area will be inspected for potential creek,wetland and seepage impacts. A Wetland Delineation Report, including identification of all significant seeps within the project and will be the basis for determining project alternative and wetland impact avoidance and minimization,will be provided to the City. The report will be compatible with ArcView 9.3 and AutoCAD 14 Includes one coordination meeting will all agency stakeholders as well as adequate time for submittal to agencies for review and comment and for making any plan changes based on their comments. 15 The RPBCWD XPSWMM model will be utilized to analyze existing and proposed conditions for the project area. Additional detail will be incorporated into the model based on topographical information and any additional survey obtained. SEH will utilize XPSWMM 2-dimensional capabilities to analyze varying flow depths, velocities, shear stresses throughout the project area as well as possible temporary diversion alternatives. 16 Sediment transport,deposition areas and off-channel storage areas will be identified by field inspection, 17 Not used 18 Hydrologic information including design flows, discharge and corresponding frequency information (specifically for the 1.5-, 10-and 100-year events)will be obtained from the RPBCWD comprehensive XPSWMM model. Bank full and discharge conditions will be determined. 19 The geometry will be based on the existing 2' contour mapping provided by the City and the new topographic survey information previously collected. 20 The model will be a combination XPSWMM 1-dimensional/2-dimensional model. The 2-dimensional component will be utilized along the study area to determine varying flow depths,velocities and shear stress for the respective design storm events. The XPSWMM 1D/2D model allows disposition areas and off- channel storage areas to be readily identified using XPSWMM to analyze the system dynamically. Stabilization measures,the need for temporary diversion of the creek, and long-term impacts of the proposed stabilization methods on the creek upstream and downstream of the study area will be evaluated. 21 Task includes time for preparation of as-built documents, including an as-built survey. 22 Inspection is based on an estimated six(6)week construction period for 2 hours per day of construction observation. Page 4 of 4 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 15, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.K. Paul Sticha, Office of the City Rink 2 Roofing Project Manager, Facilities Requested Action Move to: Award the contract to replace the Rink 2 roof at the Community Center to Peterson Brothers Roofing& Construction. Synopsis: Base Bid Alternate G-1 Total Peterson Brothers $405,000 $77,500 $482,500 John A. Dalsin& Sons $411,952 $71,453 $483,405 McPhillips Received Plans & Specs but did not submit a Bid Total Budgeted $400,000 • The Rink 2 roof has exceeded its theoretical useful life and is beyond the point of economical repair. Each year new leaks occur, costing thousands of dollars to repair the roof and to repair the water damage inside the building. • Additional insulation will be installed to improve the energy performance of the new roof. • An ad for bids was placed in the Eden Prairie News on April 12. • A pre-bid meeting was held on April 17. • Bids were received May 3. • McPhillips requested plans and specifications but then did not submit a bid. • Staff recommends that the contract be awarded to Peterson Brothers for the Base Bid only, in order to remain near the budgeted amount. • The Team Room roof(Alternate G-1)will be budgeted for 2015 and done with the Pool roof. Attachment Recommendation letter by Environmental Process Inc. (EPI) Environmental Process, Inc. 715 Florida Avenue South,Suite 111,Golden Valley,MN 55426-1700 Phone: 763-398-3040•Fax: 763-398-0121 •email: epimpls@go-epi.com•www.go-epi.com ept May 4, 2012 Mr. Paul Sticha Facilities Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: City of Eden Prairie Community Center 2012 Rink#2 Roof Replacement EPI Project No. 12-315 Dear Mr. Sticha: Environmental Process, Inc. (EPI) reviewed the City of Eden Prairie Community Center — 2012 Rink #2 Roof Replacement project work scope with Mr. Rich Gannon with Peterson Bros. Roofing and Construction, Inc. and there were no questions. Rich Gannon indicated that they will be ready to start work per the tentative schedule. A detailed work schedule will be discussed in the preconstruction meeting. The Project Superintendent will be Al Schuna and the On-Site Foreman will be Chad Taylor. Peterson Bros. Roofing and Construction, Inc. is based in St. Paul, Minnesota. EPI has worked with Peterson Bros. Roofing and Construction, Inc. in the past. Peterson Bros. Roofing and Construction, Inc. recently successfully completed the City of Eden Prairie City Center — Garden Room / City Hall 2009 Roof Replacement project in which their work was performed in a very professional manner. Peterson Bros. Roofing and Construction, Inc. received a rating of twenty (20) points out of a maximum of twenty (20) points as in the bidder's qualifications rating system per the specifications. A minimum of twelve (12) points is required to qualify all bidders. Based on the review of project work scope with Peterson Bros. Roofing and Construction, Inc., review of qualifying project references, and the fact that they are the low bidder and meet the requirements of contractor qualifications per the specifications we recommend awarding the project to them. EPI recommends that the base bid cost of $405,000.00 for the City of Eden Prairie Community Center - 2012 Rink #2 Roof Replacement Project be accepted from Peterson Bros. Roofing and Construction, Inc. Please contact us if you need any additional information. City of Eden Prairie Community Center—2012 Rink#2 Roof Replacement EPI No. 12-315 Page 2 of 2 Sincerely: ENVIRONMENTAL PROCESS, INC. VA—s- e „0 4.,._... Denny R. Langer, PE Senior Engineer/Project Manager Copy: Charles A. Lane, EPI Michael Berreau, EPI EPI File No. 12-315 Attachments: Recap of Bids Contractor Qualification Points Summary and Tables CITY COUNCIL AGENDA DATE: May 15, 2012 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: VIII.L. Cliff Cracauer 2012 Surplus Vehicles/Equipment Public Works/Fleet Services Requested Action Move to: Approve disposal of surplus vehicles and equipment. Synopsis Fleet Services provides retirement of surplus property (equipment/vehicles). The equipment and vehicles are auctioned in accordance with City Code 2.86 Subd. 3. Disposal of excess property. The City of Eden Prairie has a contract Agreement with Hennepin County Cooperative Purchasing for auction of equipment&vehicles. Minneapolis Auto Auction has the current contract for vehicle auctions that meets our code requirements. Fred W. Radde & Sons has the Hennepin County contract for equipment auctions and is in compliance with City code. Attachments • 2012 Vehicle /Equipment Auction List TO: Robert Ellis FROM: Cliff Cracauer DATE: May 2, 2012 SUBJECT: 2012 Auction Vehicles As per our previous conversation, I am requesting authority to dispose of vehicles and equipment on the attached list. All excess property listed to be sold at Public auction held at and run by Minneapolis Auto Auction. The City will pay a set fee of$150/vehicle. Unit Year Unit Serial Number Vehicle Make Vehicle Model 125 2002 1GCEC14W92Z311135 Chevrolet C1500 904 2002 2G1WF52E929296684 Chevrolet Impala 906 1998 1FAFP52U5WG137864 Ford Taurus 267 2007 3GNFK16377G264907 Chevrolet Suburban 129 2002 1GCHK24U42Z271938 Chevrolet CK2500 130 2002 1GCHK24UO2Z274075 Chevrolet CK2500 201 2006 2FAHP71W86X159844 Ford Crown Victoria _ 202 2006 2FAHP71W66X159843 Ford Crown Victoria 204 2006 2B3LA43HX6H407400 Dodge Charger 209 2007 2B3KA43H57H843892 Dodge Charger 212 2007 2B3KA43H77H843893 Dodge Charger 215 2008 2B3KA43H58H299279 Dodge Charger 258 2005 2FAHP71W75X157176 Ford Crown Victoria 272 2005 1FAFP53U95A275830 Ford Taurus 273 2005 1FAFP53U95A285435 Ford Taurus 275 2006 1FTPW14V16FB09307 Ford F150 353 2004 1FMZU72K14ZB10085 _ Ford Explorer 376 1999 1GKGK26R4XJ770852 GMC Suburban 440 2002 1GCEC14W12Z307886 Chevrolet C1500 445 2003 1GTHK24G03E272930 Chevrolet 2500 446 2003 1GTHK24G03E272488 GMC 2500 457 1995 1FDZUOOL8SVA57350 Ford 512 2002 1GCEC14W02Z308592 Chevrolet C1500 718 1996 1FDZU90X4TVA27508 Ford L 9000 733 2001 1FDXF47S61EC67378 Ford F 350 739 203 1GTHK29G53E263245 Chevrolet 2500HD CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions May 12, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.M. Community Development/ Oak Creek at Hennepin Village 6th Addition Planning Rescinding Approvals Janet Jeremiah/Michael Franzen Requested Action Move to: • Adopt a Resolution Rescinding Resolution 2007-94 which approved a Comprehensive Guide Plan Change from Public Open Space to Medium Density Residential on 1.2 acres and from Medium Density Residential to Public Open Space on 1.6 acres, approved by the City Council on September 4, 2007; and • Adopt a Resolution Rescinding Resolution 2007-95 which approved a Planned Unit Development Concept Review on 73.8 acres, approved by the City Council on September 4, 2007; and • Adopt the Resolution rescinding Resolution No. 2007-96 which approved the Preliminary Plat of Oak Creek at Hennepin Village 6th Addition for 109 lots, approved by the City Council on September 4, 2007. Synopsis Hennepin Village Limited Partnership is withdrawing the application for a 12 lot single family subdivision. Attachments 1. Resolution Rescinding the Comprehensive Guide Plan Change. 2. Resolution Rescinding the PUD Concept 3. Resolution Rescinding the Preliminary Plat 4. Letter from Hennepin Village Limited Partnership 5. Original Attachments a. Resolution 2007-94 Comprehensive Guide Plan Change b. Resolution 2007-95 Planned Unit Development Concept c. Resolution No. 2007-96 Preliminary Plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- RESOLUTION RESCINDING RESOLUTION 2007-94 WHICH APPROVED THE COMPREHENSIVE GUIDE PLAN CHANGE FROM PUBLIC OPEN SPACE TO MEDIUM DENSITY RESIDENTIAL ON 1.2 ACRES AND FROM MEDIUM DENSITY RESIDENTIAL TO PUBLIC OPEN SPACE ON 1.6 ACRES BE IT RESOLVED, by the Eden Prairie City Council as follows: WHEREAS, the Comprehensive Guide Plan Change from Public Open Space to Medium Density Residential on 1.2 acres and from Medium Density Residential to Public Open Space on 1.6 acres was approved by City Council, Resolution No. 2007-94 on September 4, 2007; and WHEREAS, the Property owner requests that the Comprehensive Guide Plan Change from Public Open Space to Medium Density Residential on 1.2 acres and from Medium Density Residential to Public Open Space on 1.6 acres be rescinded; and WHEREAS,the City Council did consider the request on May 15, 2012. NOW, THEREFORE BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: Resolution 2007-94, approved by the City Council on September 4, 2007 is hereby rescinded, thus restoring the Property to its status before the preliminary plat approval was granted by the City. ADOPTED by the Eden Prairie City Council on the 15th day of May, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk OAK CREEK AT HENNEPIN VILLAGE 6TH ADDITION RESCINDING GUIDE PLAN CHANGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- RESOLUTION RESCINDING RESOLUTION 2007-94 WHICH APPROVED THE COMPREHENSIVE GUIDE PLAN CHANGE FROM PUBLIC OPEN SPACE TO MEDIUM DENSITY RESIDENTIAL ON 1.2 ACRES AND FROM MEDIUM DENSITY RESIDENTIAL TO PUBLIC OPEN SPACE ON 1.6 ACRES BE IT RESOLVED, by the Eden Prairie City Council as follows: WHEREAS,the Comprehensive Guide Plan Change from Public Open Space to Medium Density Residential on 1.2 acres and from Medium Density Residential to Public Open Space on 1.6 acres was approved by City Council, Resolution No. 2007-94 on September 4, 2007; WHEREAS,the Property owner requests that the Comprehensive Guide Plan Change from Public Open Space to Medium Density Residential on 1.2 acres and from Medium Density Residential to Public Open Space on 1.6 acres be rescinded; WHEREAS,the City Council did consider the request on May 15, 2012. NOW,THEREFORE BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: Resolution 2007-94,approved by the City Council on September 4,2007 is hereby rescinded, thus restoring the Property to its status before the preliminary plat approval was granted by the City. ADOPTED by the Eden Prairie City Council on the 15th day of May, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- A RESOLUTION RESCINDING RESOLUTION 2007-95 WHICH APPROVED THE PLANNED UNIT DEVELOPMENT CONCEPT OF OAK CREEK AT HENNEPIN VILLAGE 6TH ADDITION BE IT RESOLVED,by the Eden Prairie City Council as follows: WHEREAS,the Planned Unit Development Concept of Oak Creek at Hennepin Village 6th Addition for 109 single-family lots was approved by City Council Resolution No. 2007-95 on September 4, 2007; and WHEREAS, the Property owner requests that the Planned Unit Development Concept of Oak Creek at Hennepin Village 6th Addition be rescinded; and WHEREAS,the City Council did consider the request on May 15, 2012. NOW,THEREFORE BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: Resolution No. 2007-95, approved by the City Council on September 4, 2007 is hereby rescinded thus restoring the Property to its status before the Planned Unit Development Concept approval was granted by the City. ADOPTED by the Eden Prairie City Council on the 15th day of May, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- RESOLUTION RESCINDING RESOLUTION 2007-96 WHICH APPROVED THE PRELIMINARY PLAT OF OAK CREEK AT HENNEPIN VILLAGE 6TH ADDITION BE IT RESOLVED,by the Eden Prairie City Council as follows: WHEREAS, the preliminary plat of Oak Creek at Hennepin Village 6th Addition for 109 single family lots was approved by City Council,Resolution No.2007-96 on September 4,2007;and WHEREAS,the Property owner requests that the preliminary plat of Oak Creek at Hennepin Village 6th Addition be rescinded; and WHEREAS,the City Council did consider the request on May 15, 2012. NOW,THEREFORE BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: Resolution 2007-96, approved by the City Council on September 4, 2007 is hereby rescinded,thus restoring the Property to its status before the preliminary plat approval was granted by the City. ADOPTED by the Eden Prairie City Council on the 15th day of May, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk The Pemtom Land Company 7697ANAGRAM DRIVE EDEN PRAIRIE,MINNESOTA 55344 (952)937-0716 ^FAX(952) 937-8635 January 16, 2012 City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344-4485 RE: Hennepin Village Site B—Toll Brothers 2012 Hennepin Village Limited Partnership hereby withdraws its application for Oak Creek at Hennepin Village. The withdrawal is subject to the City of Eden Prairie completing the review and approval of all aspects of the Toll Brothers submission and the successful closing of the Property between Hennepin Village and Toll Brothers. In the event the application is not approved by the City or Toll Brothers does not close on Site B, we hereby respectively request that the existing application for Oak Creek be reinstated. Sincerely, HENNEPIN VILLAGE LIMITED PARTERNSHIP By The Pemtom Land Company (() Margaret C.Buell Treasurer of The Pemtom Land Company OAK CREEK AT HENNEPIN VILLAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007-94 A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and WHEREAS,the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of Oak Creek at Hennepin Village,by Hennepin Village Limited Partnership is for 109 single family homes; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan subject to Metropolitan Council approval as follows: Guide Plan Change from Public Open Space to Medium Density Residential on 1.2 acres and from Medium Density Residential to Public Open Space on 1.6 acres. ADOPTED by the City Council of the City of Eden rairie this 4th day of September, 2007. P Y ng, ayor ATTEST: geiO4)/Ae ' t-' Kat een Porta, City Clerk OAK CREEK AT HENNEPIN VILLAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007-95 A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF OAK CREEK AT HENNEPIN VILLAGE FOR HENNEPIN VILLAGE LIMITED PARTNERSHIP 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 August 13, 2007, on Oak Creek at Hennepin Village by Hennepin Village Limited Partnership 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 September 4, 2007. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Oak Creek at Hennepin Village, 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 September 4, 2007. 3. That the PUD Concept meets the recommendations of the Planning Commission August 13, 2007. ADOPTED by the City Council of the City of Eden Prairie this 4th day of September, 2007. it Young, Ma ATTEST: Kat een Porta, City Clerk EXHIBIT A PUD Concept- (Oak Creek at Hennepin Village) Legal Description: Outlot A and Lot 3,Block 1,Spring Heights,according to eh recorded plat thereof,Hennepin County, Minnesota. That part of the Northeast Quarter of the Southeast Quarter of Section 29, Township 116, Range 22, Hennepin County Minnesota, lying northwesterly of the centerline of Hennepin County State Aid Highway No 4. Excepting therefrom the following described tract: Commencing at the northeast corner of said Northeast of the Southeast Quarter,thence on a assumed bearing of South,along the east line thereof,a distance of 522.70 to the actual point of beginning: thence continue South, along said east line, a distance of 383.94 feet; thence North15 degrees 46 minutes 19 seconds West,a distance of 358.33 feet;thence Northeasterly of the point of beginning. Tracts A & B, Registered Land Survey No. 465, Files of the Registrar of Titles, Hennepin County, Minnesota. That part of the Southeast Quarter of the Northeast Quarter of Section 29, Township 116, Range 22,lying easterly of the centerline of Village Road(now Eden Prairie Road),northerly of the Registered Land Survey No 465, and southerly of line described as commencing at the southeast corner of said Southeast Quarter of the Northeast Quarter,a distance of 681.13 feet to the point of beginning of the line to be described ; thence westerly,deflecting to the left 87 degrees 43 minutes 44 seconds, a distance of 1316.94 feet,more or less,to the west line of said Southeast Quarter of the Northeast Quarter and there terminating. That part of the South 225 feet of the Southeast Quarter of the Northeast Quarter of Section 29, Township 116,Range 22, lying westerly of Tract B, Registered Land Survey No.465. The South 225 feet of the East 350 feet of the Southwest Quarter of the Northeast of Section 29, Township 116, Range 22. OAK CREEK AT HENNEPIN VILLAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007-96 RESOLUTION APPROVING THE PRELIMINARY PLAT OF OAK CREEK AT HENNEPIN VILLAGE FOR HENNEPIN VILLAGE LIMITED PARTNERSHIP BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Oak Creek at Hennepin Village for Hennepin Village Limited Partnership stamp dated September 4, 2007, and consisting of 73.8 acres into 109 lots and six outlots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 4th day of September, 2007. P ung, ayor ATTEST: , .iti3,a -)ii4YL Ka leen Porta, City Clerk CITY COUNCIL AGENDA DATE: May 15, 2012 SECTION: Ordinances and Resolutions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.N. Community Development/ Rescinding Approvals for The Meadows Planning 2012 Janet Jeremiah Requested Action Move to: • Adopt the Resolution rescinding Resolution No. 2012 -77 which approved the Preliminary Plat of The Meadows for 12 lots, approved by the City Council on May 1, 2012. Synopsis The Meadows LLC (JMS Custom Homes) is withdrawing the application for preliminary plat and rezoning. Background Information The 120-Day Review Period Expires on July 12, 2012. Attachments 1. Resolution Rescinding Resolution 2012-77 2. Withdrawal letter from JMS 3. Resolution 2012-77 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- RESOLUTION RESCINDING RESOLUTION 2012-77 WHICH APPROVED THE PRELIMINARY PLAT OF THE MEADOWS 2012 BE IT RESOLVED, by the Eden Prairie City Council as follows: WHEREAS, the preliminary plat of The Meadows 2012 for 12 single family lot was approved by City Council, Resolution No. 2012 -77 on May 1, 2012; and WHEREAS, the Property owner requests that the preliminary plat of The Meadows 2012 be rescinded; and WHEREAS,the City Council did consider the request on May 15, 2012. NOW, THEREFORE BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: Resolution 2012-77, approved by the City Council on May 1, 2012 is hereby rescinded, thus restoring the Property to its status before the preliminary plat approval was granted by the City. ADOPTED by the Eden Prairie City Council on the 1st day of May, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk marsh Cove, CCC 5250 West 74tn Street, Suite 8 Edina. MN 55439 Phone: 952-949-3634 Fax 952-949-3730 May 9,2012 City of Eden Prairie 8080 Mitchell Rd Eden Prairie, MN 55344 Attn: Mike Franzen Per your email to me on Monday morning, I am writing this letter to withdraw our current application on the Rempfer property(12 single family lots including the existing home). I plan to move forward with the revised preliminary plat, submitted last Friday, which combines the Rempfer&Driver properties. Please let me know if you have any questions. Sincerely, Stephen A. Bona Marsh Cove, LLC CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012-77 RESOLUTION APPROVING THE PRELIMINARY PLAT OF MEADOWS 2012 FOR MARSH COVE LLC (JMS CUSTOMS HOMES) BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Meadows 2012 for Marsh Cove LLC (JMS Custom Homes)stamp dated May 1, 2012, and consisting of 5.03 acres into 12 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 15L day of May, 2012. ancy ra-Lu ns, ayo ATTEST: P Kat een Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Public Hearings May 15, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Development/ Prairie Oaks Corporate Center Planning Janet Jeremiah/Regina Rojas Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 8.4 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the I-5 Zoning District on 8.4 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis The plan is to change the interior of the building from 75% to 90 % office and construct 48 new parking spaces. Background Information The 1-5 zoning district allows up to 50% office. In 2000, the property was granted a waiver for 75% office use. The proposed waiver is from 75%to 90% office use. From 1982 to present, the city has granted 15 variances/PUD waivers from city code to allow for greater than 75% office use within an industrial zoning district. The proposed plan meets parking requirements based on 90% office use. The 120-Day Review Period Expires on July 25, 2012. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the project at the April 23, 2012 meeting. Attachments 1. Resolution 2. Staff Report 3. Location Map 4. Land Use Map 5. Zoning Map 6. Aerial photo 7. Planning Commission Minutes PRAIRIE OAKS CORPORATE CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF PRAIRIE OAKS CORPORATE CENTER FOR CSM CORPORATION 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 April 23, 2012 on Prairie Oaks Corporate Center by CSM Corporation 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 May 15, 2012. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Prairie Oaks Corporate Center,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 April 5, 2012. 3. That the PUD Concept meets the recommendations of the Planning Commission April 23, 2012. ADOPTED by the City Council of the City of Eden Prairie this 15th day of May 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk EXHIBIT A PUD Concept- Prairie Oaks Corporate Center Legal Description: Lot 1, Block 1 Research 2nd Addition STAFF REPORT TO: Planning Commission FROM: Regina Rojas, Planner II DATE: April 20, 2012 SUBJECT: Prairie Oaks Corporate Center OWNER/ CSM Corporation APPLICANT: LOCATION: 6455 Flying Cloud Drive 120 DAY REVIEW: Expires July 25, 2012 • Planned Unit Development Concept Amendment on 8.4 acres • Planned Unit Development District Review with waivers on 8.4 acres. • Zoning District Amendment within the I-5 Zoning District on 8.4 acres. • Site Plan Review on 8.4 acres. BACKGROUND The Comprehensive Guide Plan shows the site as Industrial. Surrounding land uses are Office and Industrial. The property is zoned I-5. Surrounding zoning is I-2, I-5 and Office. The approved(2000)plan was an 83,000 square foot building. SITE PLAN The plan is to change the interior of the building from 75%to 90 % office and construct 48 new parking spaces. PLANNED UNIT DEVELOPMENT WAIVER The 1-5 zoning district allows up to 50% office. In 2000, the property was granted a waiver for 75% office use. The proposed waiver is from 75% to 90% office use. From 1982 to present, the city has granted 15 variances/PUD waivers from city code to allow for greater than 75% office use within an industrial zoning districts. The proposed plan meets parking requirements based for 90% office use. Staff Report—Prairie Oaks Corporate Center April 20, 2012 Page 2 WETLANDS There are exiting wetlands on the property that are located within conservation easements based on a wetland delineation in 1999. A new wetland delineation shows a different configuration to the existing wetland and a retaining wall in the existing conservation easement. The conservation easement needs to be revised based on the current wetland delineation and exclude the existing retaining wall. SPECIAL ASSESSMENTS The Comprehensive Guide plan shows future improvements to both Flying Cloud Drive and the Highway 212 / Shady Oak Road interchange. The city anticipates reconstruction of Flying Cloud Drive adjacent to the property within the next five to ten years. This property will be assessed for these improvements if the project is ordered. Based on a conceptual estimate, this property could expect a special assessment of about$300,000. The city will forgo a Special Assessment Agreement at this time but would encourage and recommend that the property owner petition for these improvements. STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept Amendment on 8.4 acres • Planned Unit Development District Review with waivers on 8.4 acres • Zoning District Amendment within the I-5 Zoning District on 8.4 acres. • Site Plan Review on 8.4 acres. This is based on plans stamp dated April 5, 2012; the Staff Report dated April 20, 2012 and the following conditions: 1. Planned Unit Development waiver is granted for increase in office use to 75%to 90%. 2. Receive watershed district and city approval of the wetland delineation/buffers/conservation easements prior to grading permit issuance. 2 Area Location Map - Prairie Oaks Corporate Center Address: 6455 Flying Cloud Drive, Eden Prairie, MN _, 0 n\ ,s -ti os T 62 _ Z212 62 169 Crosstown Circle Hying Cloud Drive Ail .... tr 4 ** . ow SITE z Z / 169 (4 GY3 , ',YO AKRD Shady Oak Road rr il allalkailli 0 3 0 741 1,481 Feet I i I ` i i I 1 I W 69TH;T Guide Plan Map Prairie Oaks Corporate Center 6455 Flying Cloud Drive, Eden Prairie, MN // / Crosstown Circle Flying Cloud Drivel 7 PP" , _,_ pli J1 At! Shady Oak Road ii tip- - - ._, , , \ \ \ Ili I , ,. . ity of Eden " rairi : La ' • - uide Pa ► i . p ' ,00-20 ' 0 \ I 7 Legend Rural Residential 0.10 Units/Acre Neighborhood Commercial Streams N Low Density Residential 0-2.5 Units/Acre - Community Commercial Principal Arterial 1772 Low Density/Public/Open Space - Regional Commercial —A Minor Arterial B Minor Arterial ' ' + 'l Medium Density residential 2.5-10 Units/Acre®Town Center DATE Approved 03-19-03 DATE Revised 12-06-06 Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 EDEN n Medium Density Residential/Office - Park/Open Space DATE Revised 11-07-05 DATE Revised 06-01-07 Minor Collector DATE Revised 02-23-06 DATE Revised 10-01-07 - High Density Residential 10-40 Units/Acre W Public/Quasi-Public DATE Revised 03-23-06 DATE Revised 03-01-08 DATE Revised 06-23-06 DATE Revised 03-01-09 _Airport Golf Course PRAIRIE Office - Church/Cemetary V/A, Office/Industrial Open Water EL:m.... .o— ®�..a„ . .a.®u®Y„ 1e,0® iiVE•wOx[•pAEAM r7j Office/Public/Open Space =Right-Of-Way 0.125 0 - Industrial I I Miles Zoning Map Prairie Oaks Corporate Center 6455 Flying Cloud Drive, Eden Prairie MN 7/ 7.------„_ / \ Crosstown Circle c Flying Cloud Drive \/ I rill!" . I / •,f4/ pp!' -\\.1 --.. \ I\-4, I ' I. ‘,.../ Shady Oak Road C:\_\ • / .----1 City of Eden ` airie Zoning Map7/ Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. I-1 TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. n TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. an TC-MU I GD I General Development Waters(Creeks Only) t . I R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. a7 Industrial Park- 5 Acre Min. EDEN Up dated through approved Ordinances#26-2008 -RM-2.5 Multi-Family-17.4 U.P.A.max. General Industrial-5 Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office J Public Date:March 1,2009 Neighborhood Commercial I Golf Course In case ofdiscrepencyreatedtoazoningclassitmaeononthiszoningmap,theOrdinance e•wo.=.r.DREAM and attached legal description on file at Eden Paine Ciry Center will prevail. -Community Commercial Water -Highway Commercial Right of Way 0 0.125 0.25 -Regional Service Commercial ,op....,��mo..,...,ti4.. Miles -6- o..o.a., ..._..1..m ,..,,m„ Aerial Map Prairie Oaks Corporate Center 6455 Flying Cloud Drive, Eden Prairie, MN �.. • r . PIIPP'.. r Crosstown Circle • • . ° Flying Cloud Drive .e • 414 . , ., 0 .. ,.. ., .: 101. • :.,,:;,,,. : ., 4 _ *::.',101,..t,4,$4 .,..: ... . • . : , OP ' ;�'~ SITE . 44,44, ,,,,,,J) . 1 I. '-' -.4. .•4:44414 ..:::: II 4, _ - =r a�ryur�ay ,,., y ,R' _ qM►f� i^NWT.:.:A + - i _ - - .max• '�-_- -_ • _ ,....;: �. - jti . 1 • ! rt Shady Oak Road.r.'")\ .. • Yf • ', . '.:1 N 2 V • . Ii11104.. :• . , ....,..,. .m., - - 111 - •i .,r„: lOilliffr - - - F• y Fh _� �. FY it if UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,APRIL 23, 2012 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Steve Frank, Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Regina Rojas, City Planner Rod Rue, City Engineer Stu Fox, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Vice Chair Fyten called the meeting to order at 7:00 p.m. Kirk and Stoltz were absent. II. APPROVAL OF AGENDA MOTION by Schultz, seconded by Wuttke, to approve the agenda. Motion carried 7-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON APRIL 9, 2012 MOTION by Wuttke, seconded by Schultz, to approve the minutes. Motion carried 5-0. Lechelt and Lee abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. PRAIRIE OAKS CORPORATE CENTER by CSM Corporation Location: 6455 Flying Cloud Drive Request for: • Planned Unit Development Concept Amendment on 8.4 acres • Planned Unit Development District Review with waivers on 8.4 acres • Zoning District Amendment in the I-5 Zoning District on 8.4 acres EDEN PRAIRIE PLANNING COMMISSION MINUTES April 23, 2012 Page 2 • Site Plan Review on 8.4 acres John Ferrier, representing CSM Corporation, who is the owner and applicant of the building, presented the proposal. He stated their new potential tenant, Starkey, would like to occupy the building and because of that they need to change the interior of the building from 75% to 90% office. He stated they would also be paving an area on site to supply more parking spaces. Starkey is a business located in Eden Prairie with their main office building close to this location. Mr. Ferrier said they would like to have them as a tenant and agree with the staff report. Vice Chair Fyten asked Rojas to review the staff report. Rojas stated staff recommends approval based on the conditions on page 2 of the staff report. Vice Chair Fyten opened the meeting up for public input. There was no input. MOTION by Pitzrick, seconded by Wuttke, to close the public hearing. Motion carried 7-0. MOTION by Pitzrick, seconded by Schultz,to recommend approval of the Planned Unit Development Concept Amendment on 8.4 acres, Planned Unit Development District Review with waivers 8.4 acres, Zoning District Amendment in the I-5 Zoning District on 8.4 acres, and Site Plan Review on 8.4 acres based on plans stamped dated April 5, 2012 and the staff report dated April 20. Motion carried 7-0. VII. PLANNERS' REPORT Rojas asked the Planning Commission members who have not RSVP'd for the Board and Commissions Banquet on May 9th, to please do so by May 2nd Rojas stated there will be one item, possibly two, on the agenda for the May 14, 2012 Planning Commission Meeting. There will be no meeting on May 28, in observance of Memorial Day. The next meeting after that will be June 11, 2012. VII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Kirk, seconded by Schultz, to adjourn the meeting. Motion carried 7-0. EDEN PRAIRIE PLANNING COMMISSION MINUTES April 23, 2012 Page 3 There being no further business, the meeting was adjourned at 7:08 p.m. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims May 15, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 218152—218490 Wire Transfers 1000702 - 1000789 Wire Transfers 4455 4469 Purchasing Card 4466 April 20th payment City of Eden Prairie Council Check Summary 5/15/2012 Division Amount Division Amount General 62,688 601 Prairie Village Liquor 111,842 100 City Manager 1,044 602 Den Road Liquor 139,473 101 Legislative 896 603 Prairie View Liquor 90,652 102 Legal Counsel 40,013 605 Den Road Building 868 110 City Clerk 980 701 Water Fund 67,638 111 Customer Service 4,569 702 Sewer Fund 321,034 112 Human Resources 180 703 Storm Drainage Fund 22,127 113 Communications 7,478 Total Enterprise Funds 753,633 114 Benefits&Training 38,582 130 Assessing 48 803 Escrow Fund 1,694 131 Finance 425 806 SAC Agency Fund 42,570 132 Housing and Community Services 13,750 807 Benefits Fund 629,682 133 Planning 1,115 809 Investment Fund 6,556 136 Public Safety Communications 5 811 Property Insurance 1,410 137 Economic Development 229 812 Fleet Internal Service 153,784 138 Community Development Admin. 323 813 IT Internal Service 30,746 151 Park Maintenance 16,465 815 Facilities Operating ISF 36,344 152 Parks Capital Outlay 2,654 816 Facilities City Center ISF 48,853 153 Organized Athletics 13,347 817 Facilities Comm.Center ISF 64,694 154 Community Center 13,128 Total Internal Service Funds 1,016,332 156 Youth Programs 102 158 Senior Center 1,858 159 Recreation Administration 1,382 Report Totals 2,139,539 160 Therapeutic Recreation 95 161 Oak Point Pool 90 162 Arts 7,809 163 Outdoor Center 1,692 166 CC-Therapeutic Recreation 90 167 CC-Youth Programs 1,846 168 Arts Center 1,278 169 SC-Therapeutic Recreation 63 180 Police 11,883 183 Emergency Preparedness 67 184 Fire 56,619 186 Inspections 609 200 Engineering 620 201 Street Maintenance 7,408 Total General Funds 311,427 301 CDBG 36,581 303 Cemetery Operation 550 304 Senior Board 112 308 E-911 794 309 DWI Forfeiture 182 Total Special Revenue Funds 38,219 444 Shady Oak Rd-CR 61 South 1,950 Total Debt Service Funds 1,950 502 Park Development 2,700 509 CIP Fund 7,318 512 CIP Trails 1,575 522 Improvement Projects 2006 6,385 Total Capital Project Funds 17,979 City of Eden Prairie Council Check Register 5/15/2012 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 218266 314,449 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility-General Monthly MCES Fee 218345 278,577 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits May Health/Dental Premium 4458 187,216 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld 4456 128,976 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 218365 103,399 BOYER TRUCKS Autos Park and Recreation Tree Loader Chassis 4455 46,544 US BANK Interest Fire 4466 46,036 US BANK Purchasing Cards Various 218423 42,144 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 218244 36,414 JOHNSON BROTHERS LIQUOR CO Transportation Prairie Village Liquor Store 218432 33,972 MINNESOTA UI FUND Unemployment Compensation Organizational Services 218341 29,894 WIRTZ BEVERAGE MINNESOTA Transportation Prairie Village Liquor Store 1000723 27,767 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council 218407 27,158 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 1000789 24,378 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 4460 23,771 ING Deferred Compensation General Fund 1000730 23,402 LOGIS Network Support IT Operating 218313 23,331 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie Village Liquor Store 1000715 22,665 DIVERSE BUILDING MAINTENANCE Janitor Service Senior Center 1000788 21,736 WALL TRENDS INC Contract Svcs-General Bldg Fire Station#3 1000758 21,016 WENCK ASSOCIATES INC Design&Engineering Storm Drainage 218160 19,572 ABM JANITORIALSERVICES-NORTH C Janitor Service City Hall-CAM 1000751 19,506 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 1000709 19,212 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant 4459 16,825 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 218342 16,617 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store 218296 16,297 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 218484 16,170 WIRTZ BEVERAGE MINNESOTA Transportation Prairie Village Liquor Store 218347 15,350 ARTISAN PLUMBING&REMODELING Other Contracted Services Rehab 218310 15,322 SOUTH METRO PUBLIC SAFETY TRAI Other Contracted Services Public Safety Training Facilit 218411 15,265 LANDMARK REMODELING LLC Other Contracted Services Rehab 218240 14,567 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store 1000707 14,108 BRAUER& ASSOCIATES LTD Improvements to Land Capital Impr/Maint Fixed 4462 14,097 CERIDIAN State Taxes Withheld Health and Benefits 218292 14,027 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store 218180 13,325 BONNER&BORHART LLP Legal Legal Criminal Prosecution 4465 13,165 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 218275 12,666 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 1000785 12,652 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 218485 11,839 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store 218265 10,879 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 218463 9,354 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie Village Liquor Store 1000713 8,864 DAY DISTRIBUTING Misc Taxable Prairie Village Liquor Store 218444 8,741 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 1000767 7,818 DAY DISTRIBUTING Misc Taxable Prairie Village Liquor Store 218225 7,591 HANSEN THORP PELLINEN OLSON Design&Engineering Improvement Projects 2006 1000781 7,500 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service 218401 7,350 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 218339 6,900 WINE MERCHANTS INC Transportation Prairie Village Liquor Store 218391 6,690 GRAYMONT Treatment Chemicals Water Treatment Plant 218280 6,556 NORTHSHORE ADVISORS LLC Interest Investment Fund 1000726 6,554 HAWKINS INC Treatment Chemicals Water Treatment Plant 218461 6,250 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing and Community Service 218302 6,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications 218360 5,889 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 1000780 5,878 R&R SPECIALTIES OF WISCONSIN Repair&Maint-Ice Rink Ice Arena Maintenance 218257 5,000 LUEDTKE,ALLISON Other Contracted Services Arts 218314 4,691 SOUTHWEST SUBURBAN PUBLISHING- Legal Notices Publishing City Clerk 218325 4,404 TECH SALES CO Capital Under$10,000 Water Storage 1000787 4,271 VINOCOPIA Transportation Prairie Village Liquor Store 218252 4,192 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Public Works/Parks 218188 4,160 CIVIC SYSTEMS LLC Other Contracted Services IT Operating 218455 3,988 RIVERS EDGE CONCRETE Asphalt Overlay Street Maintenance 1000705 3,985 BELLBOY CORPORATION Transportation Prairie Village Liquor Store 218184 3,984 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Park Maintenance 1000702 3,964 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#3 218442 3,729 PAUSTIS&SONS COMPANY Transportation Prairie Village Liquor Store 218349 3,686 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 218482 3,657 WINE MERCHANTS INC Transportation Prairie View Liquor Store 1000722 3,591 GREENSIDE INC Contract Svcs-Lawn Maint. Fire Station#1 1000710 3,328 CERIDIAN Ceridian IT Operating 218220 3,285 GRAYMONT Treatment Chemicals Water Treatment Plant 218210 3,140 FLOOR CENTER Other Contracted Services Rehab 218353 3,124 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 FF&E-Furn,Fixtures&Equip. 218388 3,122 GARDEN ROOM FRATELLI'S GARDEN Contract Svcs-Garden Romm Wine Club 218464 3,121 SPECIALTY TURF&AG INC Chemicals Park Maintenance 1000737 3,061 NORTHERN SAFETY TECHNOLOGY INC Machinery&Equipment Police 218163 3,017 ADVANCED ENGINEERING&ENVIRON Process Control Services Process Control 218395 3,011 HOHENSTEINS INC Beer Prairie Village Liquor Store 218481 2,902 WINE COMPANY,THE Transportation Prairie Village Liquor Store 218446 2,872 PRAIRIE LAWN AND GARDEN Machinery&Equipment Capital Outlay Parks 1000760 2,777 BELLBOY CORPORATION Misc Non-Taxable Prairie Village Liquor Store 218182 2,700 BRAUN INTERTEC CORPORATION Other Contracted Services Park Acquisition&Development 218327 2,688 TITAN ENERGY SYSTEMS Contract Svcs-HVAC Fitness/Conference-Cmty Ctr 218413 2,688 LAVAN FLOOR COVERING Capital Under$10,000 FF&E-Furn,Fixtures&Equip. 218279 2,675 NORTHERN AIR CORPORATION Contract Svcs-Electrical Park Shelters 218264 2,649 MENARDS Building Materials Street Maintenance 1000769 2,396 GENUINE PARTS COMPANY Equipment Parts Fleet Operating 218289 2,347 PAUSTIS&SONS COMPANY Transportation Prairie Village Liquor Store 1000786 2,342 VAN PAPER COMPANY Cleaning Supplies Senior Center 218326 2,325 TEMPCO SYSTEMS Contract Svcs-HVAC 3rd Sheet of Ice 1000741 2,270 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Garden Room Repairs 218232 2,041 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 218315 1,950 SRF CONSULTING GROUP INC Design&Engineering Shady Oak Rd-CR 61 South 218338 1,949 WINE COMPANY,THE Transportation Prairie Village Liquor Store 218471 1,933 TITAN ENERGY SYSTEMS Contract Svcs-Fire/Life/Safe Police City Center 4463 1,889 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 4469 1,881 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 218392 1,839 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Sewer System Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 218399 1,824 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 1000711 1,723 COMPAR INC I.T.User Charge Recreation Admin 218186 1,710 BUREAU OF CRIMINAL APPREHENSIO Software Maintenance IT Operating 218222 1,700 GYM WORKS Equipment Repair&Maint Fitness Center 1000768 1,673 FASTENAL COMPANY Clothing&Uniforms Sewer System Maintenance 218431 1,656 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 218316 1,645 ST PAUL,CITY OF Patching Asphalt Street Maintenance 218258 1,622 MAACO Equipment Repair&Maint Fleet Operating 218261 1,550 MARTIN-MCALLISTER Employment Support Test Organizational Services 218324 1,508 SURLY BREWING CO Beer Prairie Village Liquor Store 1000784 1,501 STATE SUPPLY COMPANY Supplies-Plumbing Fire Station#1 218328 1,500 TOTAL MECHANICAL SERVICES Other Contracted Services Water Capital 1000732 1,425 LYNDALE PLANT SERVICES Contract Svcs-Garden Rm/Caf. City Hall-CAM 218319 1,425 STAR TRIBUNE MEDIA COMPANY LLC Employment Advertising Organizational Services 218489 1,410 XCEL ENERGY Insurance Property Insurance 218403 1,390 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Park Maintenance 1000703 1,389 ANCHOR PAPER COMPANY Office Supplies Customer Service 218281 1,381 NORTHSTAR MUDJACKING SPECIALIS Mudjacking Curbs Drainage 218172 1,380 BEACON ATHLETICS Operating Supplies Park Maintenance 218267 1,356 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store 218332 1,351 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire 218344 1,337 XCEL ENERGY Electric Prairie Village Liquor Store 218247 1,329 KEEPERS Clothing&Uniforms Police 218228 1,300 HENNEPIN COUNTY FIRE CHIEF ASS Training Supplies Fire 218256 1,282 LOCKER GUY,THE Operating Supplies Water Treatment Plant 218284 1,235 OLSEN'S EMBROIDERY/COMPANY Safety Supplies Fleet Operating 218218 1,212 GRAND PERE WINES INC Transportation Prairie Village Liquor Store 218417 1,164 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 1000765 1,137 CHEMSEARCH Supplies-HVAC City Hall-CAM 218355 1,090 AMERICAN RED CROSS Licenses,Permits,Fees Oak Point Lessons 218336 1,050 WELLS FARGO BANK MINNESOTA NA Paying Agent Water Capital 1000755 1,038 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM 218165 1,031 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 FF&E-Furn,Fixtures&Equip. 218230 1,019 HENNEPIN COUNTY TREASURER Board of Prisoner Police 218311 1,000 SOUTHDALE YMCA-CHILD CARE Refunds CDBG-Public Service 218329 1,000 TRIPLE STAR REHAB Repair&Maint.Supplies Sewer System Maintenance 218322 991 STREICHERS Clothing&Uniforms Police 1000747 981 SCHARBER&SONS Equipment Parts Park Maintenance 218171 976 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 218337 950 WEST SIDE PLUMBING INC Building Repair&Maint. Water Treatment Plant 1000770 950 GRAINGER Supplies-Electrical Park Shelters 218330 943 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store 218473 943 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store 218204 922 E H RENNER&SONS Other Contracted Services Water Capital 218390 902 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 218375 896 COSTCO Merchandise for Resale Concessions 1000729 895 KIDS TEAM TENNIS LLC Instructor Service CC-Tennis 218422 884 MENARDS Building Materials Street Maintenance 218195 879 CONTINENTAL SAFETY EQUIPMENT Supplies-HVAC Ice Arena Maintenance 218205 870 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 1000779 852 NORTHERN SAFETY TECHNOLOGY INC Machinery&Equipment Police Check# Amount Vendor/Explanation Account Description Business Unit Explanation 218367 832 CENTURYLINK Process Control Services Water Treatment Plant 218250 799 KRISS PREMIUM PRODUCTS INC Supplies-HVAC Fitness/Conference-Cmty Ctr 218169 750 ASSOCIATION OF TRAINING OFFICE Tuition Reimbursement/School Police 218424 750 MICHAELSON,ELIZABETH H Other Contracted Services Staring Lake Concert 218162 748 ACTIVE NETWORK INC,THE Operating Supplies Athletic Programs Admin 218193 746 COMMUNITY ACTION PARTNERSHIP Refunds CDBG-Public Service 218309 729 SKY FOOD CATERING INC Supplies-Garden Room Garden Room Repairs 4457 704 CERIDIAN Garnishment Withheld General Fund 218269 696 MINNESOTA ELEVATOR INC Contract Svcs-Elevator Public Works/Parks 1000778 695 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 218217 688 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 218270 685 MINNESOTA TROPHIES&GIFTS Operating Supplies Fire 1000725 684 HACH COMPANY Laboratory Chemicals Water Treatment Plant 218438 674 OENO'S DISTRIBUTION Wine Domestic Prairie Village Liquor Store 1000746 674 R&R SPECIALTIES OF WISCONSIN Repair&Maint-Ice Rink Ice Arena Maintenance 1000756 674 VINOCOPIA Misc Taxable Den Road Liquor Store 1000739 666 PETERSON BROS ROOFING AND CONS Contract Svcs-Roof Fire Station#1 218185 658 BUCK,NATHAN Other Contracted Services Volleyball 218418 650 MAECK,TOM Other Contracted Services Summer Theatre 218380 649 DOMACE VINO Transportation Prairie View Liquor Store 218480 646 WATER HEATERS ONLY LLC Supplies-HVAC Riley House 218234 646 HOHENSTEINS INC Beer Den Road Liquor Store 1000763 642 CANNON RIVER WINERY Wine Domestic Den Road Liquor Store 218448 640 PRINT SOURCE MINNESOTA Printing Police 218469 625 SURLY BREWING CO Beer Den Road Liquor Store 1000753 624 TWIN CITY FILTER SERVICE INC Operating Supplies Water Treatment Plant 218290 620 PETERBILT NORTH Equipment Parts Fleet Operating 218378 616 DALE GREEN COMPANY,THE Improvement Contracts CIP Trails 218358 609 AZTECH EMBROIDERY SERVICES Clothing&Uniforms Inspections-Administration 218368 600 CENTURYLINK Maintenance Contracts E-911 Program 218441 600 PARLEY LAKE WINERY Wine Domestic Prairie View Liquor Store 218176 599 BIFFS INC Waste Disposal Park Maintenance 218386 588 FRAGALE,ANNETTE Instructor Service Senior Center Programs 218419 587 MATSON,TOM Software Fleet Operating 218433 572 MINNETONKA,CITY OF Other Contracted Services Community Center Admin 218157 570 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 218173 565 BERNICK'S WINE Misc Non-Taxable Den Road Liquor Store 218318 563 STAPLES ADVANTAGE Office Supplies Customer Service 1000772 558 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 1000721 557 GRAINGER Supplies-Electrical Park Shelters 1000704 551 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 218201 550 DH EXCAVATING Other Contracted Services Pleasant Hill Cemetery 1000720 540 GOVDELIVERY Software Maintenance IT Operating 218321 523 STOPTECH LTD Operating Supplies Police 1000716 496 DMX MUSIC Other Contracted Services Den Road Liquor Store 1000712 494 CONNEY SAFETY PRODUCTS Office Supplies Customer Service 1000766 492 COMPAR INC Other Hardware IT Operating 218288 492 OXYGEN SERVICE COMPANY Operating Supplies Fire 218453 486 RAY,LEE Other Contracted Services Softball 218263 485 MEADOW GREEN LAWNS INC Other Contracted Services Storm Drainage 218268 470 MINNESOTA CLAY CO.USA Operating Supplies Arts Center Check# Amount Vendor/Explanation Account Description Business Unit Explanation 218472 465 TKO WINES,INC Wine Imported Prairie Village Liquor Store 218206 464 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions Police 1000775 458 LANDS END CORPORATE SALES Clothing&Uniforms Police 218260 450 MARCO INC Operating Supplies IT Telephone 218346 446 HOME DEPOT CREDIT SERVICES Supplies-General Bldg City Hall-CAM 218486 445 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 218211 441 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 218214 440 GE CAPITAL Other Rentals IT Operating 218238 440 IND SCHOOL DIST 272 Gym Rental Basketball 218396 432 HOUSTON,CHRISTOPHER W Instructor Service Ice Rink#1 218303 428 RIVERS EDGE CONCRETE Improvement Contracts Capital Maint.&Reinvestment 218246 420 KAISER,DAVID S Repair&Maint.Supplies Facilities Staff 218255 420 LIFT BRIDGE BREWERY Beer Prairie Village Liquor Store 218449 409 PROP United Way Withheld General Fund 218181 406 BOURGET IMPORTS Transportation Prairie View Liquor Store 218187 405 CENTURYLINK Telephone IT Telephone 1000738 402 OFFICE DEPOT CREDIT PLAN Office Supplies Planning 218223 402 HALDEMANN HOMME INC Cleaning Supplies Fitness/Conference-Cmty Ctr 218152 400 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow 218155 400 HENNEPIN COUNTY CHIEF OF POLIC Dues&Subscriptions Police 218300 400 REMARKABLE REPTILES,THE Operating Supplies Outdoor Center 1000724 395 GUNDERSON,CONSTANCE L. Instructor Service Arts Center 218366 394 CALIFORNIA CONTRACTORS SUPPLIE Operating Supplies Water Treatment Plant 1000777 393 METROPOLITAN FORD Equipment Parts Fleet Operating 218468 372 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 218335 364 WAYTEK INC Operating Supplies Park Maintenance 1000727 351 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 218439 350 OLSON,JOCELYN Other Contracted Services Staring Lake Concert 218385 346 FORENSIC IMAGING,INC Operating Supplies Police 218374 339 CONSTRUCTION MATERIALS INC Repair&Maint.Supplies Storm Drainage 218215 333 GERTENS Chemicals Park Maintenance 218382 332 EARL F ANDERSEN INC Signs Traffic Signs 218235 329 HOLMES,TOM Other Contracted Services Volleyball 218301 320 RICK,ELIZABETH DEE Instructor Service Outdoor Center 218454 320 RICK,ELIZABETH DEE Instructor Service Outdoor Center 1000714 317 DELL Other Hardware IT Operating 218478 317 VINOANDES Transportation Den Road Liquor Store 218297 315 PREMIUM WATERS INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 218199 308 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance 218370 307 CLAREYS INC Safety Supplies Sewer System Maintenance 218415 303 LIGHTNING PRINTING INC Operating Supplies City Council 218369 303 CHISAGO LAKES DISTRIBUTING Beer Prairie Village Liquor Store 218158 300 WASHINGTON COUNTY COURT ADMIN Deposits Escrow 218278 300 NEIDT,JEFF Deposits-P&R Refunds Community Center Admin 218376 300 CREATURE ENCOUNTERS INC Operating Supplies Outdoor Center 1000740 298 POMP'S TIRE SERVICE INC Equipment Parts Fleet Operating 1000733 298 MATHESON TRI-GAS INC Repair&Maint.Supplies Storm Drainage 218379 297 DELEGARD TOOL CO Small Tools Fleet Operating 218393 296 HENNEPIN COUNTY MEDICAL CENTER Training Supplies Police 218200 296 DELEGARD TOOL CO Small Tools Fleet Operating 218460 288 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1000735 288 METRO SALES INCORPORATED* Other Rentals IT Operating 218474 287 UNIFORMS UNLIMITED Clothing&Uniforms Police 218398 286 IND SCHOOL DIST 272 Printing Recreation Admin 1000761 285 BOUNDLESS NETWORK Operating Supplies Ice Rink#1 218164 284 AERO DRAPERY AND BLIND Capital Under$10,000 FF&E-Furn,Fixtures&Equip. 218445 281 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store 1000717 280 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 218229 274 HENNEPIN COUNTY PUBLIC RECORDS Software Maintenance IT Operating 218286 270 ONCE UPON A STAR Instructor Service CC-Preschool Events 1000742 270 PRINTERS SERVICE INC Repair&Maint-Ice Rink Ice Arena Maintenance 218364 269 BOURGET IMPORTS Transportation Prairie View Liquor Store 1000719 267 GOODWAY TECHNOLOGIES CORP Equipment Parts Water Treatment Plant 218306 252 SGC HORIZON LLC Dues&Subscriptions Water Capital 218248 250 KNOWLEDGE MARKETING,LLC Other Contracted Services Communications 1000744 248 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr 218198 242 CUSHMAN MOTOR COMPANY INC. Equipment Parts Fleet Operating 218426 238 MILIO'S SANDWICHES Merchandise for Resale Concessions 218459 231 SGC HORIZON LLC Legal Notices Publishing Street Maintenance 218208 229 FINANCE AND COMMERCE Dues&Subscriptions Economic Development 218475 222 UNITED WAY United Way Withheld General Fund 218372 221 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 218274 217 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance 218373 217 CONCRETE CUTTING&CORING INC Repair&Maint.Supplies Storm Drainage 218425 215 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 218237 215 HYDRO-VAC INC Equipment Repair&Maint Storm Drainage 218323 215 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1000734 213 MCQUAY INTERNATIONAL Contract Svcs-HVAC Den Road Liquor Store 1000752 210 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Prairie Village Liquor Store 218276 200 MRPA Employment Advertising Organizational Services 218343 200 WRAGGE,KARI Refunds Environmental Education 218348 200 SIBLEY COUNTY SHERIFF'S DEPART Deposits Escrow 218221 199 GS DIRECT Operating Supplies Engineering 1000708 197 CATCO PARTS SERVICE Equipment Parts Fleet Operating 218293 190 POSTMASTER Postage Customer Service 218177 188 BIGGAR,JERRAD Travel Expense Police 218196 188 COX,KIM Travel Expense Fire 218216 188 GOOD,JAMIE Travel Expense Police 218224 188 HAMMERSCHMIDT,RICK Travel Expense Fire 218272 188 MITCHELL,SANDY Travel Expense Police 218159 186 AARP DRIVER SAFETY PROGRAM Other Contracted Services Senior Center Programs 218231 182 HENNEPIN COUNTY TREASURER Software Maintenance IT Operating 218262 182 MATSON,TOM Small Tools Fleet Operating 1000773 182 INTOXIMETERS Miscellaneous DWI Forfeiture 4461 179 CERIDIAN Garnishment Withheld General Fund 218299 176 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1000718 172 FASTENAL COMPANY Equipment Parts Fleet Operating 218465 170 STAPLES ADVANTAGE Office Supplies Customer Service 1000706 170 BOUNDLESS NETWORK Clothing&Uniforms Facilities Staff 218487 170 WORLD WIDE CELLARS INC Transportation Prairie View Liquor Store 218166 169 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 218354 168 AMERICAN BOTTLING COMPANY,THE Misc Taxable Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1000759 163 AMERICAN TIME&SIGNAL CO Supplies-General Bldg Fitness/Conference-Cmty Ctr 1000748 160 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating 218412 160 LAND EQUIPMENT INC Equipment Parts Fleet Operating 218400 158 J&R RADIATOR CORP Equipment Parts Fleet Operating 218287 150 ORION SYSTEMS Other Contracted Services Police 218389 150 GOMELSKY,VLADIMIR Refunds Environmental Education 218202 147 DIRECTV Cable TV Community Center Admin 218168 147 ASPEN MILLS Protective Clothing Fire 218183 147 BROWNING,RYAN Travel Expense IT Operating 218245 147 KAEHLER,BILL Travel Expense IT Operating 218383 146 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 218320 145 STERLING FENCE INC Improvement Contracts Capital Maint.&Reinvestment 218434 145 MINNICH,JOHN Refunds Environmental Education 218387 143 FRONTIER PRECISION INC Equipment Repair&Maint IT Operating 218356 141 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 218437 138 MUSSELL,KATELIN Other Contracted Services Volleyball 218361 134 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 218273 132 MN BOARD OF AELSLAGID Licenses&Taxes Engineering 218334 132 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 218457 131 RUE,RODNEY Mileage&Parking Engineering 218178 129 BOBBY&STEVE'S AUTO WORLD EDE Equipment Repair&Maint Police 1000757 128 W P&R S MARS CO Equipment Parts Fleet Operating 1000728 125 JASON'S DELI Operating Supplies Police 4467 124 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits 1000764 120 CERIDIAN Ceridian IT Operating 218490 120 EMERY-BOCK,JENNIFER R Events/Admission Fee Ice Show 1000776 117 METRO SALES INCORPORATED* Equipment Repair&Maint IT Operating 218467 115 STREICHERS Clothing&Uniforms Police 218197 115 CUB FOODS EDEN PRAIRIE Training Supplies Police 218359 110 BANK BEER CO Beer Prairie Village Liquor Store 218251 107 LACROIX,MICHAEL Supply-Playing Cards Senior Board 218466 107 STERLING FENCE INC Improvement Contracts Capital Maint.&Reinvestment 218241 107 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Park Maintenance 218153 105 DEPARTMENT OF NATURAL RESOURCE Licenses&Taxes Park Maintenance 218307 102 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 218154 100 DEPT OF NATURAL RESOURCES Other Rentals Park Maintenance 218212 100 FRASER,GORDON Refunds Environmental Education 218304 100 RUSSO,WENDI Refunds Environmental Education 218317 100 STANSBURY,ARLENE Refunds Environmental Education 218408 100 JOHNSON,MARGARET Refunds Environmental Education 218452 100 RAMSEY,DAWAYNE Refunds Environmental Education 218476 100 US HEALTH WORKS MEDICAL GRP MN Employment Support Test Organizational Services 1000736 100 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 218282 99 O'BYRNE,ELLEN College Memberships Community Center Admin 218350 99 STATE OF MINNESOTA Licenses&Taxes Fleet Operating 218440 98 OXYGEN SERVICE COMPANY Operating Supplies Fire 218384 96 FALCK,TIMOTHY R Other Contracted Services Softball 218458 95 SEVENICH,WENDY Mileage&Parking Community Center Admin 218352 94 AARP DRIVER SAFETY PROGRAM Other Contracted Services Senior Center Programs 218450 93 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 4468 92 VANCO SERVICES Miscellaneous Community Center Admin Check# Amount Vendor/Explanation Account Description Business Unit Explanation 218219 90 GRAPE BEGINNINGS Transportation Prairie View Liquor Store 218227 89 HEFFERAN,CINDI Operating Supplies Day Care 218421 88 MEIERS,NICHOLAS J Instructor Service Outdoor Center 218436 87 MPX GROUP,THE Printing Police 1000774 83 JASON'S DELI Operating Supplies Police 218226 81 HARTZELL,PAUL Operating Supplies Staring Lake Concert 218161 81 ACME TOOLS Equipment Repair&Maint Senior Center Admin 1000745 81 QUICKSILVER EXPRESS COURIER Other Contracted Services Communications 218213 80 FUSCO,PAUL J Instructor Service Outdoor Center 218362 77 BEST BUY Equipment Repair&Maint IT Operating 1000750 77 ST CROIX RECREATION CO INC Repair&Maint.Supplies Park Maintenance 218377 75 CUSHMAN MOTOR COMPANY INC. Equipment Parts Fleet Operating 218294 75 POWERS,RICHARD Deposits-P&R Refunds Community Center Admin 218179 75 BOLD,PAULINE Instructor Service Outdoor Center 1000782 75 SHRED-IT USA INC Other Contracted Services Police 218203 73 DISPLAY SALES Supplies-General Bldg City Hall-CAM 218351 72 440400-NCPERS MINNESOTA PERA Health and Benefits 218381 68 DONALD SALVERDA&ASSOCIATES Conference Expense Community Development Admin. 1000749 66 SPRINT Telephone Engineering 218409 65 KOCHER,SUSAN Instructor Service Outdoor Center 218456 64 ROUFS,DANIEL Refunds Environmental Education 218271 64 MINNESOTA WANNER COMPANY Equipment Parts Fleet Operating 218416 60 LUCID BREWING Beer Den Road Liquor Store 1000771 58 GUNDERSON,CONSTANCE L. Instructor Service Arts Center 218331 58 UNIFORMS UNLIMITED Operating Supplies Police 218239 58 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 218451 56 QUALLEY,ANN Deposits-P&R Refunds Community Center Admin 218428 54 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 218295 53 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 218427 52 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 218371 51 COMCAST Dues&Subscriptions City Council 218233 50 HERDA,BEN Refunds Environmental Education 218305 50 SCHUH,JEFFREY Refunds Environmental Education 218394 50 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 218397 50 HUNKER,LINNEA Refunds Environmental Education 218420 50 MCDONALD,PAUL Refunds Environmental Education 218430 50 MINNESOTA DEPT OF LABOR AND IN Licenses&Taxes Water Treatment Plant 218470 50 TAYLOR,EMILY Instructor Service Arts Center 218253 50 LANO EQUIPMENT INC Equipment Parts Fleet Operating 218175 49 BERTHOLD,MAUREEN Refunds Environmental Education 218167 48 APPRAISAL INSTITUTE Dues&Subscriptions Assessing 1000783 47 ST CROIX RECREATION CO INC Repair&Maint.Supplies Park Maintenance 1000762 41 BOYER TRUCKS Equipment Parts Fleet Operating 218402 41 JOE,ALLAN Refunds Environmental Education 218363 41 BLOOMINGTON SECURITY SOLUTIONS Supplies-General Bldg Park Shelters 218357 40 AT&T Other Contracted Services Police 1000731 39 LUBRICATION TECHNOLOGIES INC Equipment Parts Fleet Operating 218259 38 MALANEY,MARY KATHERINE Deposits-P&R Refunds Community Center Admin 218488 37 XCEL ENERGY Electric Traffic Signals 218249 35 KRAEMERS HARDWARE INC Repair&Maint.Supplies Water Metering 218308 32 SHOLD,DAVE&GLENNA Deposits-P&R Refunds Community Center Admin Check# Amount Vendor/Explanation Account Description Business Unit Explanation 218410 31 KRAEMERS HARDWARE INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 218207 31 EDEN PRAIRIE WINLECTRIC Repair&Maint.Supplies Park Maintenance 218191 30 COMCAST Cable TV Fire 1000743 29 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Operating 4464 29 VANCO SERVICES Bank and Service Charges Sewer Utility-General 218298 29 PRENTICE,DIANNE Deposits-P&R Refunds Community Center Admin 218283 29 OLSEN COMPANIES Equipment Parts Fleet Operating 218447 28 PRIME SOURCE ONE LLC Other Revenue General Fund 218170 24 AT&T MOBILITY Pager&Cell Phone Park Maintenance 218254 23 LASINKER,EDWARD Refunds Environmental Education 218429 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water System Maintenance 218435 23 MIRAU,ANTHONY Program Fee Day Care 218414 20 LEAGUE OF MINNESOTA CITIES Office Supplies Customer Service 218236 20 HOOVERSON,ORIN M Building Permits General Fund 218277 17 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 218285 14 OLSON,PAUL Other Revenue General Fund 218477 14 VANCE BROTHERS INC Patching Asphalt Street Maintenance 218189 13 COMCAST Operating Supplies Fire 218156 13 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 218479 12 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 218174 10 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Water Treatment Plant 218190 9 COMCAST Operating Supplies Fire 218192 9 COMCAST Operating Supplies Fire 218209 5 FISCHER,MARLENE Deposits-P&R Refunds Community Center Admin 218333 5 WALKER,MARTHA Deposits-P&R Refunds Community Center Admin 1000754 4 UPS Postage Water System Maintenance 2,139,539 Grand Total City of Eden Prairie Purchasing Card Payment Report 4/20/2012 Payment Amount Explanation Vendor Account Description Business Unit 54 US-Irrigation Tools MENARDS Small Tools Park Maintenance 24 US-Irrigation Tools MENARDS Small Tools Park Maintenance 574 US-H20 Sery Freeze kit Repair RIDGE TOOL COMPANY Equipment Repair&Maint Water System Maintenance 460 US-Concrete RIVERS EDGE CONCRETE Improvement Contracts Capital Maint.&Reinvestment 504 US-Concrete RIVERS EDGE CONCRETE Improvement Contracts Capital Maint.&Reinvestment 34 US-Water Tanks MENARDS Operating Supplies Park Maintenance 67 US-WaterTanks HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 19 US-Water Tanks MENARDS Small Tools Park Maintenance 15 US-Safety Net MENARDS Operating Supplies Park Maintenance 24 US-Ball Fields HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 976 US-Website Post-It Notes 4IMPRINT Printing Communications 551 US-Armrest LUND INDUSTRIES Machinery&Equipment Police (21) US-Refund-Sr Ctr Supplies WALMART COMMUNITY Operating Supplies Senior Center Admin 886 US-Recognition Lunch SANTORINIS Miscellaneous Internal Events 4 US-SC Supplies DOLLAR TREE STORES,INC. Operating Supplies Senior Center Admin 9 US-St Patricks lunch PARTY CITY Special Event Fees Senior Center Programs 14 US-Woodshop supplies MENARDS Equipment Repair&Maint Senior Center Admin 432 US-St Patricks lunch ANNIE'S CAFE Special Event Fees Senior Center Programs 136 US-Home N Garden show MARKETPLACE EVENTS Special Event Fees Trips 25 US-St Patricks lunch CUB FOODS EDEN PRAIRIE Special Event Fees Senior Center Programs 17 US-St Patricks lunch CUB FOODS EDEN PRAIRIE Special Event Fees Senior Center Programs 5 US-Supplies EDEN PRAIRIE COMMUNITY CENTER Operating Supplies Senior Board 23 US-Woodshop supplies MENARDS Equipment Repair&Maint Senior Center Admin 59 US-St Patricks lunch ANNIE'S CAFE Special Event Fees Senior Center Programs 5 US-Internal Events RAINBOW FOODS INC. Operating Supplies Internal Events 77 US-Gardening Class TONKADALE GREENHOUSE Operating Supplies Senior Center Programs 65 US-Gardening Class WALMART COMMUNITY Operating Supplies Senior Center Programs 18 US-Gardening Class DOLLAR TREE STORES,INC. Operating Supplies Senior Center Programs 4 US-Pot o Luck Award RAINBOW FOODS INC. Employee Award Internal Events 14 US-O-Rings/Parts POWER SYSTEMS Equipment Parts Water Treatment Plant 41 US-Parts BRAAS CO Equipment Parts Water Treatment Plant 43 US-Parts QUEST ENGINEERING INC Equipment Parts Water Treatment Plant 21 US-O-Rings DICHTOMATIC Equipment Parts Water Treatment Plant 13 US-Tennis Nets MENARDS Operating Supplies Park Maintenance 129 US-Dinner GRANITE CITY FOOD&BREWERY Travel Expense Water System Maintenance 31 US-Breakfast PERKINS Travel Expense Water System Maintenance 260 US-Water School HOLIDAY INN Travel Expense Water System Maintenance 204 US-Water School HOLIDAY INN Travel Expense Water System Maintenance 204 US-Water School HOLIDAY INN Travel Expense Water System Maintenance 204 US-Water School HOLIDAY INN Travel Expense Water System Maintenance 144 US-Meeting GINA MARIAS INC Conference Expense Utility Operations-General 426 US-Shelving E-RACKONLINE.COM Office Supplies Utility Operations-General 125 US-Duster Refill BISSELL.COM Cleaning Supplies Utility Operations-General 562 US-Watermain Locator Repair METROTECH CORPORATION Equipment Repair&Maint Water System Maintenance 95 US-Repairs FEDEX Postage Water System Maintenance 109 US-Supplies CLEVELAND BOTTLE&SUPPLY CO Repair&Maint.Supplies Water Treatment Plant 892 US-Water Tanks INDELCO PLASTICS CORP Landscape Materials/Supp Reforestation Amount Explanation Vendor Account Description Business Unit 5 US-Stand By Crew Lunch FIVE GUYS Operating Supplies Fire 222 US-Supplies S&S WORLDWIDE Operating Supplies Birthday Parties 66 US-Supplies S&S WORLDWIDE Operating Supplies Day Care 72 US-Supplies S&S WORLDWIDE Operating Supplies Fit Kids Club 20 US-Tot Time Supplies PROSOURCE SUPPLY Operating Supplies Birthday Parties 59 US-Tot Time Supplies PROSOURCE SUPPLY Operating Supplies Gymnasium(CC) 118 US-Operational Supplies PALOS SPORTS INC Operating Supplies Birthday Parties 7 US-Birthday Party Supplies TARGET Operating Supplies Birthday Parties 1,148 US-Cutter MIDWEST PRODUCTS COMPANY Small Tools Fleet Operating 20 US-Supplies MENARDS Operating Supplies Street Maintenance 112 US-eConnect Test EDEN PRAIRIE COMMUNITY CENTER Operating Supplies Community Center Admin (112) US-eConnect Test EDEN PRAIRIE COMMUNITY CENTER Operating Supplies Community Center Admin 19 US-Recertification ARC HENNEPIN-CARVER Licenses,Permits,Taxes Pool Lessons 6 US-Facilities Clocks UPS STORE,THE Repair&Maint.Supplies Fitness/Conference-Cmty Ctr 12 US-Facilities Clocks UPS STORE,THE Repair&Maint.Supplies Fitness/Conference-Cmty Ctr 12 US-Facilities Clocks UPS STORE,THE Repair&Maint.Supplies Fitness/Conference-Cmty Ctr 5,341 US-Pontoon boat A-1 MARINE Capital Under$10,000 Capital Maint.&Reinvestment 417 US-Airfare DELTA AIR Operating Supplies Fire 14 US-Lunch MILIO'S SANDWICHES Operating Supplies Fire 109 US-Lamination FEDEX Miscellaneous Planning 275 US-Dues AMERICAN PLANNING ASSN Dues&Subscriptions Planning 210 US-Dues AMERICAN PLANNING ASSN Dues&Subscriptions Planning 375 US-dues AMERICAN PLANNING ASSN Dues&Subscriptions Planning (15) US-Unauthorized charge US BANK Deposits Escrow (15) US-Unauthorized charge US BANK Deposits Escrow 15 US-Unauthorized charge US BANK Deposits Escrow (15) US-Unauthorized charge US BANK Deposits Escrow 76 US-Booking Room Supplies AMAZON.COM Operating Supplies Police 73 US-Booking Room Supplies AMAZON.COM Operating Supplies Police 27 US-USB Thumb Drive MICRO CENTER AIR Miscellaneous IT Operating 360 US-License Renewal PARABEN CORPORATION Miscellaneous IT Operating 42 US-Irrigation/EPCC HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance 28 US-Submersible Pump Cord STA-RITE INDUSTRIES Equipment Repair&Maint Park Maintenance 50 US-Drinking Fountains,tools GLOBAL INDUSTRIAL.COM Small Tools Park Maintenance 19 US-Shop Supplies MENARDS Operating Supplies Park Maintenance 490 US-Boiler Exam training SPRUNG TRAINING SYSTEM/SERVICE Conference Expense Utility Operations-General 249 US-Absorbant Pads NEW PIG CORPORATION Cleaning Supplies Utility Operations-General 11 US-Ballfield Signs MENARDS Operating Supplies Park Maintenance 10 US-SWLRT Meeting BEAN GOOD CAFE Miscellaneous Community Development Admin. 9 US-Pics for Council Wkshop CVS PHARMACY Video&Photo Supplies Community Development Admin. 4 US-Parking for Meeting MPLSPARKING.COM Mileage&Parking Community Development Admin. 182 US-Laptop Truck Mounts LAPTOP TRAVEL Equipment Parts Fleet Operating 182 US-Laptop Truck Mounts LAPTOP TRAVEL Equipment Parts Fleet Operating 21 US-Parts PRAIRIE LAWN AND GARDEN Building Repair&Maint. Park Maintenance 368 US-Power Pruner PRAIRIE LAWN AND GARDEN Machinery&Equipment Capital Outlay Parks 30 US-Dept Meeting CUB FOODS EDEN PRAIRIE Miscellaneous Recreation Admin 93 US-Spring Recognition WALMART COMMUNITY Operating Supplies Internal Events 8 US-Spring Recognition DOLLAR TREE STORES,INC. Operating Supplies Internal Events 373 US-Easter Supplies ORIENTAL TRADING Operating Supplies Special Events(CC) 32 US-Easter Supplies DOLLAR TREE STORES,INC. Operating Supplies Special Events(CC) 4 US-Easter Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Special Events(CC) Amount Explanation Vendor Account Description Business Unit 19 US-Easter Supplies TARGET Operating Supplies Special Events(CC) 12 US-Bunny Supplies WALGREEN'S#5080 Operating Supplies Special Events(CC) 68 US-Bunny Supplies ORIENTAL TRADING Operating Supplies Special Events(CC) 48 US-Bunny Supplies TARGET Operating Supplies Special Events(CC) 74 US-Bunny Supplies RHODE ISLAND NOVELTY Operating Supplies Special Events(CC) 14 US-Bunny Supplies CUB FOODS EDEN PRAIRIE Operating Supplies Special Events(CC) 69 US-Bunny Supplies PARTY CITY Operating Supplies Special Events(CC) 29 US-Bunny Supplies DOLLAR TREE STORES,INC. Operating Supplies Special Events(CC) 20 US-Bunny Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Special Events(CC) 31 US-Flowers HOME DEPOT CREDIT SERVICES Operating Supplies Community Center Admin 180 US-Membership-A Rose SOCIETY FOR HUMAN RESOURCE MAN Dues&Subscriptions Human Resources 7 US-Water Glasses TARGET Training Supplies Organizational Services 146 US-New Hire Gifts POSITIVE PROMOTIONS Employee Award Organizational Services 87 US-Safety Glasses SAFETY SMART GEAR Office Supplies Customer Service 10 US-Water Plant Supervisor NATIONAL STUDENT CLEARINGHOUSE Other Contracted Services Organizational Services 318 US-Officers Leadership Trng BUCA Operating Supplies Fire 69 US-New World Lunch CARLOS OKELLYS Operating Supplies Fire 625 US-FDIC Conference Fees FDIC Conference Expense Fire 27 US-Captains Meetings KOWALSKI'S MARKET Operating Supplies Fire 21 US-SW Joint Ops Mtg CULVER'S Operating Supplies Fire 286 US-Officers Meeting BUCA Operating Supplies Fire 40 US-UB Online Processing PAYPAL INC Bank and Service Charges Utility Operations-General 40 US-UB Recurring Credit Card PAYPAL INC Bank and Service Charges Utility Operations-General 13 US-UB Credit Cards PAYPAL INC Bank and Service Charges Utility Operations-General 20 US-ePermit Web Security PAYPAL INC Equipment Repair&Maint IT Operating 2,400 US-Feb2012 Bldg Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 719 US-Feb2012 Bldg Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 491 US-Feb2012 Bldg Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund (72) US-Feb2012 Bldg Surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund 425 US-GFOA Meeting GOVERNMENT FINANCE OFFICERS AS Awards Finance 200 US-Annual Plan SURVEYMONKEY.COM Dues&Subscriptions Organizational Services 268 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 47 US-Café Food FRESH SEASONS MARKET Merchandise for Resale Concessions 71 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 26 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 958 US-Ice Show Sound/Lighting EMI REPAIRS Other Rentals Ice Show 20 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 104 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 105 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 46 US-Café Food KOWALSKI'S MARKET Merchandise for Resale Concessions 38 US-Hand Stamps OFFICEMAX CREDIT PLAN Operating Supplies Ice Rink#1 39 US-Café Food RAINBOW FOODS INC. Merchandise for Resale Concessions 112 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 14 US-Café Food RAINBOW FOODS INC. Merchandise for Resale Concessions 21 US-Battery for Lift Station BATTERIES PLUS Repair&Maint.Supplies Sewer Liftstation 98 US-Trailer MENARDS Repair&Maint.Supplies Water System Maintenance 84 US-Website Launch Gift Cards HALLMARK INSIGHTS Miscellaneous Communications 135 US-Northern Llights Award Entr MAGC Awards Communications 116 US-Chargers BEST BUY Operating Supplies Fire 107 US-Supplies APPLE.COM Operating Supplies Fire 161 US-Supplies APPLE.COM Operating Supplies Fire Amount Explanation Vendor Account Description Business Unit 122 US-Supplies APPLE.COM Operating Supplies Fire 67 US-Sunshine Fund-J Claeys BACHMANS CREDIT DEPT Deposits Escrow 212 US-Council Workshop food DAVANNI'S PIZZA Miscellaneous City Council 60 US-Sunshine fund V Rudolph BACHMANS CREDIT DEPT Deposits Escrow 60 US-Sunshine Fund R Geis BACHMANS CREDIT DEPT Deposits Escrow 292 US-Council Workshop food QDOBA MEXICAN GRILL Miscellaneous City Council 67 US-Sunshine Fund T Johnson BACHMANS CREDIT DEPT Deposits Escrow 38 US-Luncheon-N Tyra-Lukens SENSIBLE LAND USE COALITION Miscellaneous City Council 32 US-Council Kitchen AMAZON.COM Miscellaneous Administration 17 US-Council Kitchen WALMART COMMUNITY Miscellaneous Administration 165 US-Retirement Gift HALLMARK INSIGHTS Employee Award Organizational Services 13 US-Squad Car Wash CAR WASH Equipment Repair&Maint Police 45 US-Gas 7-ELEVEN Motor Fuels Fleet Operating 46 US-Gas SHEETZ Motor Fuels Fleet Operating 35 US-Gas SHELL OIL Motor Fuels Fleet Operating 43 US-Gas ATLAS OIL Motor Fuels Fleet Operating 87 US-Hotel COURTYARD MARRIOTT Tuition Reimbursement/School Police 27 US-Gas MARATHON OIL Motor Fuels Fleet Operating 38 US-Gas HOLIDAY STATION STORES INC Motor Fuels Fleet Operating 23 US-Paint for Cabinet HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Utility Operations-General 32 US-Tripod for shop MENARDS Repair&Maint.Supplies Sewer System Maintenance 739 US-Water Main Locator Repair METROTECH CORPORATION Equipment Repair&Maint Water System Maintenance 464 US-Utilities Map Books XPEDX PAPER&GRAPHICS Office Supplies Utility Operations-General 35 US-Shop Supplies MENARDS Repair&Maint.Supplies Water System Maintenance 58 US-City/School Annual Meeting CRUMB GOURMET DELI Miscellaneous Recreation Admin 33 US-Class Training CRUMB GOURMET DELI Miscellaneous Recreation Admin 473 US-FDIC Conference Fees UNITED AIR Conference Expense Fire 473 US-FDIC Conference Fees UNITED AIR Conference Expense Fire 74 US-FDIC Conference Fees CARLSON WAGONLIT TRAVEL Conference Expense Fire 42 US-Supplies MENARDS Repair&Maint.Supplies Water System Maintenance 112 US-Trailer Supplies MENARDS Repair&Maint.Supplies Water System Maintenance 16 US-Shop Supplies-Trailer NAPA AUTO PARTS Repair&Maint.Supplies Water System Maintenance 61 US-Shop Supplies-Trailer NAPA AUTO PARTS Repair&Maint.Supplies Water System Maintenance 17 US-Shop Supplies-Trailer NAPA AUTO PARTS Repair&Maint.Supplies Water System Maintenance 72 US-Shop Supplies-Trailer BATTERIES PLUS Repair&Maint.Supplies Water System Maintenance 10 US-Shop Supplies-Trailer FASTENAL COMPANY Repair&Maint.Supplies Water System Maintenance 184 US-Shop Supplies-Trailer MENARDS Repair&Maint.Supplies Water System Maintenance 34 US-Shop Supplies-Trailer OLSEN CHAIN&CABLE Repair&Maint.Supplies Water System Maintenance 208 US-Shop Supplies-Trailer FASTENAL COMPANY Repair&Maint.Supplies Water System Maintenance 141 US-Shop Supplies-Trailer NAPA AUTO PARTS Repair&Maint.Supplies Water System Maintenance 79 US-Garbage Bags and Pickers HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Street Maintenance 427 US-Airfare DELTA AIR Travel Expense City Clerk 8 US-MCFOA Annual Conference QDOBA MEXICAN GRILL Conference Expense City Clerk 287 US-MCFOA Annual Conference BEST WESTERN KELLY INN,THE Conference Expense City Clerk 64 US-Slow Moving Vehicle MENARDS Repair&Maint.Supplies Sewer Liftstation 83 US-Squad 293 WALSER BLOOMINGTON TOYOTA Equipment Repair&Maint Police 72 US-Conservation NIAGARA CONSERVATION Operating Supplies Environmental Education 85 US-Equipment AM LEONARD Small Tools Park Maintenance 3 US-Mower Maint. MENARDS Small Tools Park Maintenance 64 US-Mower Equip. HOME DEPOT CREDIT SERVICES Small Tools Park Maintenance 97 US-Stork Pins PUBLIC SAFETY TRAINING CONSULT Operating Supplies Police Amount Explanation Vendor Account Description Business Unit 138 US-Child Safety Seat Inspectio AMAZON.COM Operating Supplies Police 130 US-Child Safety Seat Inspectio AMAZON.COM Operating Supplies Police 140 US-Child Safety Seat Inspectio AMAZON.COM Operating Supplies Police 14 US-Reserve Calendar CALENDAR WIZ Operating Supplies Reserves 210 US-White-Uniforms BACKDEFENSESYSTEMS.COM Clothing&Uniforms Police 160 US-Crime Scene Tech Training PAYPAL INC Tuition Reimbursement/School Police 15 US-Cab Cards for Dump Trucks OFFICEMAX CREDIT PLAN Operating Supplies Street Maintenance (86) US-School HOLIDAY INN Tuition Reimbursement/School Fire 70 US-School NATIONAL REGISTRY OF EMTS Tuition Reimbursement/School Fire (12) US-Credit ADVANTAGE KITCHEN&BATH Repair&Maint.Supplies City Hall-CAM 177 US-HVAC Supplies TMS JOHNSON Repair&Maint.Supplies Public Works/Parks 1,378 US-HVAC Supplies TMS JOHNSON Repair&Maint.Supplies Public Works/Parks 354 US-City HVAC Supplies TMS JOHNSON Repair&Maint.Supplies City Hall-CAM 155 US-Shop#711 MENARDS Repair&Maint.Supplies Sewer System Maintenance 51 US-Shop#711 NAPA AUTO PARTS Repair&Maint.Supplies Sewer System Maintenance (16) US-Return MENARDS Repair&Maint.Supplies Sewer System Maintenance 9 US-Cake for Meeting RAINBOW FOODS INC. Operating Supplies Arts 347 US-Summer Musical MUSIC THEATRE INTERNATIONAL Operating Supplies Summer Theatre 35 US-Birthday Party Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 21 US-Lock for Sound System TARGET Operating Supplies Recreation Admin 22 US-WILS Meeting PAYPAL INC Operating Supplies Arts Center 44 US-Birthday Parties/Summer Cam JO-ANN FABRICS Operating Supplies Arts Center 12 US-Script for Winter Play DRAMATISTS PLAY SERVICE INC Operating Supplies Winter Theatre 33 US-Volunteer Software VOLGISTICS Other Contracted Services Recreation Admin 109 US-Clay Tool Kits AMAZON.COM Operating Supplies Arts Center 84 US-Audio Equip for Concert Ser PROAUDIO.COM Operating Supplies Staring Lake Concert 526 US-Audio Equip for Concert Ser SWEETWATER MUSIC TECHNOLOGY DI Operating Supplies Staring Lake Concert 25 US-Art Camp Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 17 US-Art Camp Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 11 US-Birthday Party Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Arts Center 16 US-Art Camp Supplies RAINBOW FOODS INC. Operating Supplies Arts Center 13 US-Art Camp Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 612 US-Pickelball Stands and Nets USAPA Capital Under$10,000 Gymnasium(CC) 160 US-Pickelball Replacement Nets USAPA Operating Supplies Gymnasium(CC) 37 US-Hand Spreader/Fertilizer HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 31 US-Polar Plunge Safety Net MENARDS Operating Supplies Park Maintenance 14 US-Senior Center Shop THOMAS TOOL&SUPPLY Equipment Repair&Maint Senior Center Admin 5 US-Rope for Tennis nets MENARDS Operating Supplies Park Maintenance 6 US-Critter Food PETCO Operating Supplies Outdoor Center 36 US-Critter Food PETCO Operating Supplies Outdoor Center 53 US-Tape Measure MENARDS Small Tools Park Maintenance 5 US-Parts MERLINS ACE HARDWARE Equipment Repair&Maint Public Safety Communications 46 US-Stand By Crew Lunch FIVE GUYS Operating Supplies Fire 5 US-Cotton Swabs WALGREEN'S#5080 Training Supplies Police 8 US-Black Tape SPORTS WORLD USA INC Training Supplies Police 7 US-Supplies US BANK Operating Supplies Police 356 US-Travel Expense SUN COUNTRY Tuition Reimbursement/School Police 138 US-Travel Expense AMERICAN AIRLINES Tuition Reimbursement/School Police 138 US-Travel Expense AMERICAN AIRLINES Tuition Reimbursement/School Police 138 US-Travel Expense AMERICAN AIRLINES Tuition Reimbursement/School Police 70 US-Basic EMT NATIONAL REGISTRY OF EMTS Tuition Reimbursement/School Police Amount Explanation Vendor Account Description Business Unit 364 US-Supplies BROWNELLS INC. Training Supplies Police 150 US-For cleaning Basins GANDER MOUNTAIN Clothing&Uniforms Water Treatment Plant 77 US-Spring Break Programs ORIENTAL TRADING Operating Supplies CC-Special Events&Trips 96 US-Family Bingo TARGET Operating Supplies CC-Special Events&Trips 114 US-Bingo Prizes WALGREEN'S#5080 Operating Supplies CC-Special Events&Trips 62 US-Rec Supplies Programs PARTY CITY Operating Supplies Youth Programs Admin 4 US-Socks for Participants EDEN PRAIRIE COMMUNITY CENTER Operating Supplies CC-Special Events&Trips 160 US-Spring Break Programs CHUCK-E-CHEESE Operating Supplies CC-Special Events&Trips 229 US-Spring Break Programs MINNESOTA ZOO Operating Supplies CC-Special Events&Trips 90 US-DOT License DAKOTA COUNTY TECHNICAL COLLEG Conference Expense Fleet Operating 9 US-Supplies-Around Town Progra TARGET Special Event Fees CC-Around Town 51 US-Around Town Program DAVANNI'S PIZZA Operating Supplies CC-Around Town 10 US-Everyone Can Dance supplies KOWALSKI'S MARKET Operating Supplies CC-Leisure Education 63 US-Saturday Night Out Supplies TARGET Operating Supplies SC-Saturday Night Out 21 US-Young Athletes Supplies KOWALSKI'S MARKET Operating Supplies CC-New Adaptive 95 US-Around Town Program STAGES THEATRE COMPANY Special Event Fees Around Town 288 US-Supplies GAIAM Operating Supplies Fitness Classes 69 US-Fitness Floor Supplies GAIAM Operating Supplies Fitness Center 482 US-Safety Ed Supplies MCRMEDICAL SUPPLY Operating Supplies Pool Lessons 51 US-CPR Training AED SUPERSTORE Safety Supplies Pool Lessons 49 US-Training KOWALSKI'S MARKET Operating Supplies Community Center Admin 249 US-Apparel ADOLPH KIEFER&ASSOCIATES Clothing&Uniforms Pool Operations 195 US-Storage for Fitness TARGET Operating Supplies Fitness Classes 304 US-Personal Training Supplies GAIAM Operating Supplies Fitness Center 12 US-Training Supplies MENARDS Training Supplies Police 104 US-Weapon Repair FEDEX Training Supplies Police 489 US-Training Supplies ERBERT&GERBERT'S Training Supplies Police 138 US-Conference R Browning AMERICAN AIRLINES Conference Expense IT Operating 138 US-Conference B Kaehler AMERICAN AIRLINES Conference Expense IT Operating 4 US-Conference R Browning AMERICAN AIRLINES Conference Expense IT Operating 4 US-Conference B Kaehler AMERICAN AIRLINES Conference Expense IT Operating 21 US-Cables AMAZON.COM Computers IT Operating 31 US-iPad Adapter APPLE.COM Computers IT Operating 535 US-Storage Room Rocking ACCENT STORE FIXTURES Office Supplies Utility Operations-General 13 US-Ice Melt MENARDS Repair&Maint.Supplies Water System Maintenance 51 US-Wheels to repair Cart HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Utility Operations-General 26 US-Storage Room Shelves MENARDS Office Supplies Utility Operations-General 7 US-Storage Room Shelves MENARDS Office Supplies Utility Operations-General 14 US-Shop Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 136 US-Racks for Storage Room ACCENT STORE FIXTURES Office Supplies Utility Operations-General 14 US-Shop Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 11 US-Shop Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 55 US-Cleaning Supplies-shop HOME DEPOT CREDIT SERVICES Operating Supplies Utility Operations-General 29 US-Tools MENARDS Repair&Maint.Supplies Utility Operations-General 2 US-Flushing Hose NAPA AUTO PARTS Repair&Maint.Supplies Water System Maintenance 46,036 Report Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions May 15, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 02-5585 ITEM NO.: XI.A. Leslie Stovring Approve First Reading of an Ordinance Public Works/Environmental Adding City Code Section 5.75 Requested Action Move to: Approve First Reading of an Ordinance adding City Code Section 5.75 relating to illicit discharge detection and enforcement. Synopsis In 2011 the Minnesota Pollution Control Agency (MPCA) stated that the Illicit Discharge and Detection Enforcement(IDDE)provisions required in our Phase II NPDES stormwater permit were not met by our existing city code. The MPCA requested that the city provide an illicit discharge detection and enforcement ordinance that specifically references non-stormwater discharges to the city's stormwater system or risk being seen as not in compliance with our permit. This ordinance was based on a model ordinance provided by the MPCA. Background Information In June 2011 the MPCA requested a copy of what the City was using to regulate our IDDE program as part of the Annual Report. The MPCA stated that the IDDE provisions that we provided did not specifically address stormwater discharges to the municipal stormwater system. The regulatory mechanism was required to be in place by June 30, 2010. In response, the city has completed the attached ordinance to meet these requirements. Preliminary review by the MPCA indicates that the draft ordinance does meet their requirements. Attachment • Ordinance - City Code Section 5.75 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 5 BY ADDING SECTION 5.75 RELATING TO STORMWATER ILLICIT DISCHARGE AND CONNECTIONS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 5 is amended by adding Section 5.75 to read as follows: SECTION 5.75—STORMWATER ILLICIT DISCHARGE AND CONNECTIONS Subd. 1. Declaration of Policy and Purpose. The purpose of this section is to set forth minimum requirements for stormwater management that will diminish threats to public health, safety, public and private property, and natural resources of the community by establishing standards that protect the city's lakes, ponds, wetlands, and streams from pollutants carried in urban runoff. This ordinance establishes methods for controlling the introduction of pollutants into the Municipal Separate Storm Sewer System (MS4) in order to comply with the requirements of the National Pollutant Discharge Elimination System(NPDES)permit process. Subd. 2. Definitions. For the purposes of this Section, the following terms, phrases, and words shall have the meanings stated below. A. "Illicit discharge". Any direct or indirect non-stormwater discharge to the storm sewer system except as exempted in Subd. 4 of this ordinance. B. "Illicit connection". Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any non-stormwater discharge such as sewage, process wastewater, and wash water, and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency. C. "Municipal Separate Storm Sewer System(MS4)". A stormwater conveyance or unified stormwater conveyance system(including without limitation roads with drainage systems, municipal streets, catch basins, stormwater detention facilities, curbs, gutters, ditches, natural or man-made channels or storm drains that are located within the corporate limits of Eden Prairie, MN and are owned or operated by the City, State, County or other public body. Illicit Discharge Regulations City of Eden Prairie City Code Chapter 5.75 Page 1 of 7 D. "MPCA". The Minnesota Pollution Control Agency. E. "NPDES". The National Pollutant Discharge Elimination System (NPDES) permit program which controls water pollution by regulating sources that discharge pollutants into waters of the United States. F. "Pollutant". Any man-made or man-induced alteration of the chemical, physical, biological, thermal and/or radiological integrity of the water which has the potential to harm human life, aquatic life, terrestrial plant life and/or wildlife. G. "Stormwater". Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation. H. "Stormwater System". A Stormwater System includes any stormwater facility, drainage work or improvement that is designed to transport, convey or control the flow of stormwater or that improves or controls the water quality of stormwater. This shall include but is not limited to, outfalls, inlets, outlets, conduits, pipes, curbs, municipal streets, catch basins, gutters, ditches, pumping stations, manholes, structures, channels, retention or detention basins, infiltration areas, filtration systems and other structural components and equipment that are used for managing storm drainage or surface water. Stormwater Systems include both Public and Private Systems. i. Public Stormwater Systems are those Stormwater Systems that are under the control and/or ownership of the city, county, state or federal government. Public Stormwater Systems includes all Waters of the State located within the City that are used for managing the surface water system. ii. Private Stormwater Systems are those Stormwater Systems that are not under the control or ownership of the city, county, state and/or federal government. I. "Surface water or waters". All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, or irrigation systems, whether natural or artificial, public or private. J. "Wastewater". Any water or other liquid waste, other than uncontaminated stormwater, that has been used, such as for washing, flushing, or in a manufacturing process, and so contains waste products, discharged from a facility and collected in a sewer system and conveyed to a sewage treatment plant for processing. Subd. 3. Stormwater and urban runoff control. All water entering the stormwater system will be protected from illegal disposal/dumping and illicit discharges and connections. Illicit Discharge Regulations City of Eden Prairie City Code Chapter 5.75 Page 2 of 7 A. Illegal disposal/dumping. No person shall throw, drain or otherwise discharge, cause or allow others under its control to throw, drain or otherwise discharge into a Stormwater System any pollutants or waters containing any pollutants other than stormwater. B. Illicit discharges and connections. 1. No person shall cause any illicit discharge to enter a Stormwater System. 2. No person shall use any illicit connection to intentionally convey non-stormwater to a Stormwater System. 3. The construction, use, maintenance or continued existence of illicit connections to a Stormwater System is prohibited. This prohibition includes, without limitation; illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. Subd. 4. Exemptions. The following activities shall be exempt from Subd. 3. A. Discharge of non-stormwater discharge that is authorized by an NPDES permit, Notice of Intent, waiver, or wastewater discharge order issued to the discharger and administered under the authority of the U.S. Environmental Protection Agency(EPA) or MPCA, B. Firefighting activities or other activities necessary to protect public health and safety, C. Dye testing, but such testing requires written notification to the City Engineering Department prior to the time of the test, D. Water line flushing or flushing of other potable water sources, E. Landscape irrigation or lawn watering, F. Residential car washing, G. Diverted stream flows that have a Permit from the Minnesota Depailinent of Natural Resources (DNR) or MPCA, H. Uncontaminated ground water infiltration, I. Foundation or footing drains that discharge uncontaminated groundwater, J. Crawl space pumps, K. Air conditioning condensation, L. Noncommercial washing of vehicles, Illicit Discharge Regulations City of Eden Prairie City Code Chapter 5.75 Page 3 of 7 M. Natural wetland flows, N. Dechlorinated swimming pool water, O. Street wash water discharged that is necessary for health or safety purposes and not in violation of any other provisions of city code, P. Flows from riparian habitats and wetlands, and Q. Any other water source not containing a pollutant. Subd. 5. Good Housekeeping Provisions. Any owner or occupant of property within the City shall comply with the following good housekeeping requirements. A. No person shall leave, deposit, discharge, dump or otherwise introduce pollutants in an area where discharge to streets or the storm drain system occurs. B. For pools greater than 1,000 gallons in size, water shall sit a minimum of seven (7) days without the addition of chlorine to allow for chlorine to evaporate before discharge. C. Any facility subject to a MPCA General Stormwater Permit for Industrial or Construction Activity shall comply with all provisions of such permit including the creation of a Stormwater Pollution Prevention Plan (SWPPP). The Proof of Coverage from the MPCA of the Stormwater Permit must be submitted to the City before any discharge occurs under the permit. Proof of compliance with said permit shall be provided in a form acceptable to the city upon the City's request. D. As soon as any person responsible for a facility or operation has information of any known or suspected release of materials that are resulting or may result in illegal discharges or pollutants discharging into a Stormwater System, said person shall take steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the City in person or by phone or facsimile no later than the next business day. Subd. 6. Public Waters Protection. Every person owning property through which Public Waters pass, as defined in Minn. Stat. §103G.005, Subd. 15, or such person's lessee, shall keep and maintain that part of the public waters within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water Illicit Discharge Regulations City of Eden Prairie City Code Chapter 5.75 Page 4 of 7 through the public waters. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to public waters, so that such structures will not become a hazard to the use, function, or physical integrity of the public waters. Subd. 7. Inspection,Monitoring and Testing. A. The city shall be permitted to enter and inspect all Stormwater Systems as necessary to determine compliance with this ordinance. If security measures are in force which require proper identification and clearance before entry into its premises, the discharger shall make necessary arrangements to allow access to representatives of the City. B. Facility operators shall allow the city ready access to all parts of its Stormwater System for the purposes of inspection, sampling, testing, examination and copying of records that must be kept under the conditions of a NPDES Permit to discharge stormwater. C. The city shall have the right to set up at any Stormwater System devices necessary in the opinion of the City to conduct monitoring, sampling and/or dye testing of the facility's stormwater discharge. D. The city has the right to require the discharger to install monitoring equipment as the City deems necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy. E. If the city has been refused reasonable access to any Stormwater System and the City is able to demonstrate probable cause to believe that there may be a violation of this section, or that there is a need to inspect and/or sample to verify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the city may seek issuance of a search warrant from any court of competent jurisdiction. Subd. 8. Violations and Penalties. It shall be unlawful to violate any provision or fail to comply with any of the requirements of this ordinance. A. The city may, without prior notice, suspend Stormwater System access to any building/site when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the storm sewer system or surface waters. Illicit Discharge Regulations City of Eden Prairie City Code Chapter 5.75 Page 5 of 7 B. In the event the violation constitutes an immediate danger to public health or safety, the City is authorized to enter upon the subject property without giving prior notice to take any and all measures necessary to abate the violation and/or restore the property. C. Failure to comply with a suspension order issued in an emergency will result in any process deemed necessary to prevent or minimize damage to the storm sewer system or surface waters, or to minimize danger to persons. Subd. 9. Violation deemed a Public Nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this ordinance is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. Subd. 10. Cost of Abatement of the Violation. Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within 7 days. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the City may assess the charges against the property. Any person violating any of the provisions of this article shall become liable to the city by reason of such violation. Subd. 11. Remedies not Exclusive. The remedies listed in this ordinance are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the city to seek cumulative remedies. The City may recover all attorney's fees court costs and other expenses associated with enforcement of this ordinance, including sampling and monitoring expenses. Subd. 12. Compatibility with Other Regulations. This ordinance is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. Subd. 13. Severability. If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. Subd. 14. Ultimate Responsibility. The standards set forth herein and promulgated pursuant to this ordinance are minimum standards; therefore this ordinance does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants. Illicit Discharge Regulations City of Eden Prairie City Code Chapter 5.75 Page 6 of 7 Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2012, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2012. City Clerk Mayor Published in the Eden Prairie News on the day of , 2012. Illicit Discharge Regulations City of Eden Prairie City Code Chapter 5.75 Page 7 of 7 CITY COUNCIL AGENDA DATE: SECTION: Reports of Council Members May 15, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.A.1. City Council Budget Advisory Commission Report on Mayor and Council Salary Requested Action Synopsis At the request of the City Council, the BAC conducted a review of Mayoral and Council salary to provide rationale for making any changes. The BAC reviewed Mayor and Council salary of other cities, the history of salary, and other information that is included in the report. After an analysis of the data and discussion among the commission members the BAC report concluded as follows: The BAC believes there is adequate data to support a salary increase. In the future, the BAC recommends blending the technology stipend and salary components together. Some pros and cons of the potential salary increase follow: PROS • Balance to other cities • Discontinuance of special meeting pay in 2010 • Adjustment for inflation CONS • Difficult economy • Citizen perception/public opinion Attachments • Mayor and Council Salary Report EDEN PRAIRIE To: Mayor and City Council LivE•woRK•oREnM Rick Getschow, City Manager From: Budget Advisory Commission Date: May 2012 Re: Report on Mayor and Council Salary At the request of the City Council, the BAC conducted a review of mayoral and council pay at its March 1, 2012 meeting. With the aid of comparison data, prepared by City Staff, the Commission reviewed the compensation of Eden Prairie's Mayor and Council in contrast to the remuneration granted to Council Members in roughly thirty other metropolitan areas surrounding the Twin Cities. Background data indicates that Council Members last received pay raises in 2004 and 1992 respectively. Currently, the Mayor receives an annual salary of $9,900 plus $60 per month as a technology stipend, resulting in an adjusted gross salary of $10,620 per year. Each council member receives $7,500 in annual salary, resulting in an adjusted gross salary of $8,220 per year after factoring in the monthly technology stipend. A technology stipend of $60 per month is given to each Council Member for costs incurred by them for equipment such as a computer or cell phone necessary to conduct City business. Ultimately, the City reports the technology stipend as personal income, rather than expense reimbursement to the Council Members. Council Members can also request reimbursement for Internet service. Further, the October 2010 discontinuance of special meeting pay ($35 per meeting) effectively reduced Council Members' compensation from 2010 to the present. A total of $5,530 for 158 special meetings and $2,100 for 60 special meetings was paid respectively in 2009 and 2010. Council Members attend a workshop that precedes each City Council meeting. Increasing the ancillary time commitment required of their positions, the Mayor and Council Members also sit on various boards. In response to citizens' emails and phone calls, a considerable amount of ad hoc time is an inherent demand on the Councils' time. However, Council Members do not document the time spent on city business. Therefore, without data, an effective comparison of pay per hour worked is not an option when reviewing the Councils' past, or current, rates of pay. However, if calculating an hourly equivalent was feasible, the BAC assumes that the result would be quite low and that, rather, Council salaries serve to offset personal costs and expenses incurred by the Council Members in the course of their civic duties. 1 Although the rationale used to determine the initial level of the Council's pay is unknown, review of the current metropolitan pay data indicates that council pay ranges from an adjusted high of $12,996 per annum in Bloomington (population 84,701), to a low of $5,880 in Hastings (population 22,491). Concurrently, mayoral pay ranged from an adjusted high of$27,000 per annum in Bloomington, to a low of$7,740 in Shakopee. Contemplating that population might act as an appropriate cost driver and provide a meaningful comparison, the BAC viewed the data again, filtered to display only metropolitan cities comprised of comparable population. The tables below illustrate the data for metropolitan cities with populations of greater than 60,000 and less than 70,000. Adjusted City Population Mayoral Mayoral Salary Salary Burnsville 61,042 $12,000 $12,000 Coon Rapids 63,162 $14,000 $14,000 Eagan 64,206 $13,625 $13,625 Eden Prairie 62,536 $9,900 $10,620 Maple Grove 62,660 $14,500 $14,500 Adjusted City Population Council Member Council Member Salary Salary Burnsville 61,042 $8,400 $8,400 $12,250(at large),$10,500 Coon Rapids 63,162 (ward) $12,250 Eagan 64,206 $10,000 $10,000 Eden Prairie 62,536 $7,500 $8,220 Maple Grove 62,660 $12,500 $12,500 The BAC notes that this comparison places both Eden Prairie's council and mayoral pay as the lowest in each of these statistical samples. Viewed as an independent variable, balancing Council pay to that of other cities would support a recommendation to consider an increase in pay for the Mayor and City Council Members. However, when council and mayoral pay is compared based on the GDP deflator, the results indicate that council pay is slightly below the 20-year average while mayoral pay is slightly above the 20-year average as illustrated in the following chart: 2 Council Mayor Inflation Inflation Salary Technology Total GDP Deflator% 2005 Dollars adjusted Salary Technology Total GDP Deflator% 2005 Dollars adjusted 1993 6,000.00 6,000 78.29 7,663.81 7,200 7,200 78.29 9,196.58 1994 6,000.00 6,000 79.94 7,505.63 7,200 7,200 79.94 9,006.76 1995 6,000.00 6,000 81.61 7,352.40 7,200 7,200 81.61 8,822.88 1996 6,000.00 6,000 83.16 7,215.09 7,200 7,200 83.16 8,658.11 1997 6,000.00 6,000 84.63 7,089.85 7,200 7,200 84.63 8,507.82 1998 6,000.00 6,000 85.58 7,010.66 7,200 7,200 85.58 8,412.79 1999 6,000.00 6,000 86.84 6,909.10 7,200 7,200 86.84 8,290.92 2000 6,000.00 120 6,120 88.72 6,897.87 7,200 120 7,320 88.72 8,250.40 2001 6,000.00 720 6,720 90.73 7,406.84 7,200 720 7,920 90.73 8,729.49 2002 6,000.00 720 6,720 92.20 7,288.82 7,200 720 7,920 92.20 8,590.39 2003 6,000.00 720 6,720 94.14 7,138.68 7,200 720 7,920 94.14 8,413.45 2004 6,000.00 720 6,720 96.79 6,943.15 7,200 720 7,920 96.79 8,183.00 2005 7,500.00 720 8,220 100.00 8,220.00 9,900 720 10,620 100.00 10,620.00 2006 7,500.00 720 8,220 103.23 7,962.72 9,900 720 10,620 103.23 10,287.61 2007 7,500.00 720 8,220 106.23 7,738.15 9,900 720 10,620 106.23 9,997.46 2008 7,500.00 720 8,220 108.58 7,570.32 9,900 720 10,620 108.58 9,780.63 2009 7,500.00 720 8,220 109.73 7,491.18 9,900 720 10,620 109.73 9,678.39 2010 7,500.00 720 8,220 110.99 7,405.94 9,900 720 10,620 110.99 9,568.26 2011 7,500.00 720 8,220 113.36 7,251.17 9,900 720 10,620 113.36 9,368.30 2012 7,500.00 720 8,220 116.31 7,067.42 9,900 720 10,620 116.31 9,130.90 Average 7,356.44 9,074.71 2013* 118.64 6,928.64 9,752.04 10,620 118.64 8,951.60 12,599.36 *-2013 figures projected based on average GDP adjustment for 2005-2012 The chart above shows the history of Mayor and Council salary, the amount of the technology stipend which began in 2000, and a total salary amount. The 2005 dollars column shows the purchasing power of the salary based on 2005 dollars, the last time the salary was increased. The inflation adjusted amount reflects the amount of salary adjusted by the GDP deflator since 2005. While some cities such as Eagan and Burnsville offer a health insurance benefit, Eden Prairie Council members can opt in to the health care benefit but they are required to pay the full premium for their coverage. Cities are prohibited from including provisions for vacation or sick leave in the compensation plan for council members. Cities are also prohibited from reducing the salaries of council members because of absences from official duties because of vacation or illness. Minnesota statutes dictate that no increase in salary shall take effect until after the next succeeding regular city election. Therefore, if the Council decides to adjust pay during 2012 the pay adjustment would be implemented in 2013 or 2015. The BAC believes there is adequate data to support a salary increase. In the future, the BAC recommends blending the technology stipend and salary components together. Some pros and cons of the potential salary increase follow: PROS • Balance to other cities • Discontinuance of special meeting pay in 2010 • Adjustment for inflation 3 CONS • Difficult economy • Citizen perception/public opinion Respectfully submitted, The Budget Advisory Commission 4 CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director May 15, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.1. Jay Lotthammer, Director, Accept the E.P. Community Foundation Parks and Recreation Grant for Audio/Visual Equipment at the Senior Center Requested Action Move to: Adopt resolution accepting the grant in the amount of$3,000 from the Eden Prairie Community Foundation to be used toward the purchase of new audio/visual equipment; projector and screen for the Eden Prairie Senior Center. Synopsis The grant in the amount of$3,000 will be used in combination with matching funds from the Eden Prairie Senior Advisory Council ($2,645), and a memorial donation in memory of Ruth Dover who was an active volunteer and regular participant at the Senior Center($700) for a total project cost of$6,345. The grant will be used to purchase audio/visual equipment for the Senior Center. The equipment includes a projector and screen which will be used for presentations during classes, events, meetings and rentals. The proposed audio/visual equipment will include a portable projector and screen that can be used in any room in the building. Background The Senior Center provides a wide variety of social, recreational and educational opportunities for adults and seniors, including special events, educational classes, trips and social activities. In addition, the Senior Center is also used as a rental facility for meetings, classes and gatherings. This new audio/visual equipment will be used for both City programs, meetings and functions as well as for outside rental groups. Attachments Resolution Letter from the Eden Prairie Community Foundation CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of$3,000 Grant from the Eden Prairie Community Foundation to be used toward the purchase of new audio/visual equipment; projector and screen for the Eden Prairie Senior Center, is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 15th day of May 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk April 26, 2012 City of Eden Prairie Senior Center EDENPRAIRIE Sue Bohnsack FOUNDATION 8950'Eden Prairie Road Eden Prairie, MN 55347 8080 Mitchell Road Eden Prairie, MN 55344 ' Dear Sue and Board, Mission: We are pleased to inform you that on April 19, 2012 the Board of Enriching our community Directors of The Eden Prairie Community Foundation approved a grant through philanthropy, in the amount of$3,000 to Senior Center for the purpose as described collaboration and in your grant request. leadership. Purchase of Audio/Visual equipment Board of Directors: Our Grant Committee worked diligently and put much thought and consideration into the selection of the proposals to fund. Although the Patrick Bernal Community Foundation cannot always grant the full request, we are Dan Boeckermann happy to be able to play a role in the success of worthwhile programs Carol Bomben such as yours. Katie Castro Bruce Hutchins Please read the enclosed Grant Acceptance Letter carefully as it covers David Lindahl the terms and conditions of this grant. Please sign and return one copy Doug Loon to our office and keep the other for your files. No grant payment can be Nancy Tyra Lukens made until the signed contract is returned. Mary Mackmiller We invite you to attend our Grant Breakfast on Thursday May 17, 2012 Peggy Muller at Biaggi's Ristorante ltaliano (8251 Flying Cloud Dr EP)at 7:30am. Kathy Nelson Please RSVP by May 14'h Scott Otis Sara Ulschmid Congratulations on being awarded the above grant. We wish you every Dick Ward success in accomplishing the goals of this program. If you have any questions, please feel free to give me a call. Phone: Sincerely, 952-949-8499j Abe4A-7/- E-mail Address: ExecDirna tepcf.orq Laura Hookom Executive Director Web Address: execdir(aftepcf.orq www.edenprairiefoundation.orq (c) 952-210-2798 Enclose: Grant Acceptance Letter CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director May 15, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.2. Jay Lotthammer, Director, Hennepin Youth Sports Grant Sports Parks and Recreation Equipment Recipient Requested Action Move to: Adopt resolution accepting the $9,500 Sports Equipment Grant from the Hennepin Youth Sports Program to purchase a John Deere Utility Vehicle for the Miller Park Softball Complex. Synopsis The City of Eden Prairie partnered with the Eden Prairie Fastpitch Softball Association on a sports equipment grant application earlier this spring for a new utility vehicle which could be used by the Eden Prairie Fastpitch Association, the City of Eden Prairie and other Eden Prairie Youth Athletic Associations. The new gator, a John Deer utility vehicle, will be used at the Miller Park pinwheel complex. It will be used primarily to drag aglime infields, haul equipment, collect trash and assist with other special event projects. This utility vehicle will directly benefit the Eden Prairie Fastpitch Association league play, clinics, tournaments, including the Eden Prairie High School Fastpitch teams. This utility vehicle will also benefit other youth athletic associations, including the Eden Prairie Baseball Association and Eden Prairie Soccer Club who also use outdoor athletic facilities at Miller Park. In addition, the utility vehicle can be used for community events such as the 4th of July Celebration, Safety Camp and the City-wide Open House. Background The City of Eden Prairie has a close working relationship with the various Eden Prairie Youth Athletic Associations. These organizations offer Eden Prairie youth the opportunity to learn a sport and participate in leagues, clinics and tournaments. Each organization is operated independently. Many of these organizations use city and school facilities; however,they organize and manage their own registration,tryouts, scheduling and operations. There are 16 youth athletic associations in Eden Prairie. The City of Eden Prairie provides each association with a designated City staff liaison who provides support and assistance as required when using City outdoor athletic facilities (i.e. scheduling, maintenance, improvement projects, etc.). In addition,the Eden Prairie Youth Athletic Associations are provided meeting space for their monthly board meetings. Attachments Resolution Email from Hennepin Youth Sports Program CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of$9,500 Sports Equipment Grant from the Hennepin Youth Sports Program to purchase a John Deere Utility Vehicle for the Miller Park Softball Complex, is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 15th day of May 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk Original Message From: Jan.Craig@co.hennepin.mn.us [mailto:Jan.Craig@co.hennepin.mn.us] Sent: Tuesday, April 10, 2012 3:46 PM To: Jay Lotthammer Cc: Lynda Lynch; Cara.Lee@co.hennepin.mn.us; Randy.Johnson@co.hennepin.mn.us Subject: Hennepin Youth Sports Equipment Grant Award - City of Eden Prairie Congratulations! Today, Tuesday, April 10, 2012, the Hennepin County Board of Commissioners approved the list of recipients for the Spring 2012 Hennepin Youth Sports Equipment Program. Your application for a John Deere Gator for Miller Park in the amount of $9,500 has been approved. In the next few weeks, you will receive some information from the Minnesota Amateur Sports Commission (MASC) as to how to proceed. MASC will be your contact for the project until it is completed. If you have any questions or need more information please contact Stephen Olson, Program Director at MASC at 763-782- 3639 or solson@nscsports.org. Here is the agreement for the above mentioned equipment as part of the Hennepin Youth Sports Grants Program. Please review and print at least two copies, get them signed and return to me at the address shown below. Once they are signed here at the County, I will return a fully executed copy to you. The agreement states in Section 2, use of funds: The LGU agrees that the Equipment will display a plaque, decal or sticker, as agreed to by the LGU and COUNTY, identifying that the Equipment was purchased with funds provided by the Hennepin Youth Sports Program. Cara Lee, in Hennepin County Public Affairs, will work with you on determining which form of display will be used and will provide the display. Please contact her at 612--348-6883 or cara.lee@co.hennepin.mn.us. If you have any questions, please let me know. (See attached file: EP John Deere for Miller Park A120518.pdf) Jan Craig Svidron Senior Administrative Assistant Hennepin County Administration A-2303 Government Center Minneapolis, MN 55487-0233 612-348-4112 (Mail Code 233)