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HomeMy WebLinkAboutCity Council - 01/08/2013 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JANUARY 8, 2013 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. 2013 SCHEDULE & APPOINTMENTS II. FARMERS MARKET Open Podium - Council Chamber III. OPEN PODIUM A. REED SCHULKE — COMMUNITY THEATER SPACE IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 8, 2013 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner Michael Franzen, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. SWEARING IN OF COUNCIL MEMBERS BRAD AHO AND RON CASE IV. COUNCIL FORUM INVITATION V. PROCLAMATIONS/PRESENTATIONS A. DONATION OF HISTORIC FLYING RED HORSE SIGN (Resolution) B. SENIOR CENTER DONATION FROM GORDON WILLIAMS (Resolution) VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VII. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 4, 2012 B. CITY COUNCIL MEETING HELD TUESDAY,DECEMBER 4, 2012 VIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS IX. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. INTERNATIONAL SCHOOL OF MN RESIDENCE HALL ADDITION by Harriss Architects. Second Reading of the Ordinance for Planned Unit Development District Review on 58.29 acres and Zoning District Amendment within the Public Zoning District on 58.29 acres ; Resolution for Site Plan Review on 58.29 acres. Location: 6385Beach Road. (Ordinance for PUD District Review and Zoning District Amendment; Resolution for Site Plan Review) CITY COUNCIL AGENDA January 8, 2013 Page 2 C. RILEY VIEWS by Hunter Emerson, LLC. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 13.4 acres and Zoning District Change from Rural to R1-9.5 on 13.4 acres. Location: 9400 Lake Riley Road; 18600 & 18700 Pioneer Trail. (Ordinance for PUD District Review with waivers and Zoning District Change) D. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO CREATION OF AIRPORT COMMERCIAL AND AIRPORT OFFICE ZONING DISTRICTS AND ADOPT RESOLUTION APPROVING SUMMARY PUBLICATION E. APPROVE AGREEMENT WITH MATT'S AUTO SERVICE FOR TOWING SERVICES FOR 2013 F. ADOPT RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS G. ADOPT RESOLUTION DESIGNATING DEPOSITORIES H. ADOPT RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS I. ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS J. ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE K. ADOPT RESOLUTION AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL L. ADOPT RESOLUTION ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2013 M. ADOPT RESOLUTION APPROVING EXTENSION OF CONDITIONAL USE LICENSE AGREEMENT WITH HENNEPIN COUNTY FOR PROVISION OF ELECTRONIC DATA FOR MAPPING N. APPROVE GRANT AGREEMENT WITH MDH FOR SOURCE WATER PROTECTION PROGRAM UPDATE O. ADOPT POLICY FOR MANAGEMENT OF NUISANCE DRAINAGE ISSUES ON PRIVATE PROPERTY P. AWARD CONTRACT FOR 2013 LIME RESIDUAL HAULING& DISPOSAL Q. AWARD CONTRACT FOR 2013 WATER TREATMENT CHEMICALS CITY COUNCIL AGENDA January 8, 2013 Page 3 R. APPROVE RELEASE & SETTLEMENT OF CLAIM AGREEMENT FOR WATER TREATMENT PLANT DAMAGES S. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL STUDY & ARC FLASH ASSESSMENT X. PUBLIC HEARINGS/MEETINGS XI. PAYMENT OF CLAIMS XII. ORDINANCES AND RESOLUTIONS A. RESOLUTION DECLARING THE BUDGET ADVISORY COMMISSION INACTIVE B. FIRST AND SECOND READINGS OF ORDINANCE AMENDING CITY CODE CHAPTER 5 BY ADDING SECTION 5.46 RELATING TO THERAPEUTIC MASSAGE ENTERPRISES AND THERAPISTS REGULATION AND ADOPT RESOLUTION APPROVING SUMMARY FOR PUBLICATION XIII. PETITIONS, REQUESTS AND COMMUNICATIONS XIV. APPOINTMENTS A. RESOLUTION DESIGNATING OFFICIAL CITY NEWSPAPER B. RESOLUTION DESIGNATING OFFICIAL MEETING DATES, TIME AND PLACE FOR THE EDEN PRAIRIE CITY COUNCIL IN 2013 AND APPOINTING ACTING MAYOR C. RESOLUTION APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY D. RESOLUTION APPOINTING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 2013 E. APPOINTMENT OF MAYOR TYRA-LUKENS AS DELEGATE AND COUNCIL MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF CITIES F. APPOINTMENT OF MAYOR TYRA-LUKENS TO MUNICIPAL LEGISLATIVE COMMISSION G. APPOINTMENT TO SOUTHWEST CABLE COMMISSION H. APPOINTMENT TO EDEN PRAIRIE FOUNDATION CITY COUNCIL AGENDA January 8, 2013 Page 4 I. APPOINTMENT TO I-494 CORRIDOR COMMISSION J. APPOINTMENT TO CITY AND SCHOOL FACILITIES USE TASK FORCE K. APPOINTMENT OF ASSISTANT WEED INSPECTOR L. APPOINTMENT OF MAYOR TYRA-LUKENS AS CITY COUNCIL REPRESENTATIVE TO SOUTHWEST METRO TRANSIT COMMISSION M. RESOLUTION APPOINTING MUNICIPAL REPRESENTATIVES TO THE FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES N. APPOINTMENT OF CITY ATTORNEY XV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Twins Community Fund Grant Award E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT ANNOTATED AGENDA DATE: January 4, 2013 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, January 8, 2012 TUESDAY,JANUARY 8, 2012 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANC III. SWEARING IN OF COUNCIL MEMBERS BRAD AHO AND RON CASE The City Attorney will swear in Council Members Brad Aho and Ron Case. IV. 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. V. PROCLAMATIONS/PRESENTATIONS A. DONATION OF HISTORIC FLYING RED HORSE SIGN (Resolution) Synopsis: Staff has been approached by members of the Schwartz Family with the proposal to donate the Historic Flying Red Horse Monument Sign and locate it within a city facility or park. Katie Schwartz and members of her family are present and will offer a brief history and the basis for their proposal. If accepted by the Council, staff would recommend initially storing/displaying the sign at one end of the Riley Barn. An interpretive sign could be placed near the sign to help convey the history. It is estimated that the cost to restore the sign and make it operational is between $5,000-$7,000. In the future, there is a potential to integrate the sign as a part of a park design so that it could be placed in a more visible outdoor location. MOTION: Move to adopt the resolution accepting the donation of the Historic Flying Red Horse Monument Sign. B. SENIOR CENTER DONATION FROM GORDON WILLIAMS (Resolution) Synopsis: Gordon Williams serves on the Senior Center Advisory Council. He is also an active Senior Center volunteer and participates in various programs and activities, including trips and special events. ANNOTATED AGENDA January 8, 2013 Page 2 The State Farm Companies Foundation Good Neighbor Grant Program; Matching Gift Program gives out matching monies, matching the amount of volunteer hours an individual submits to their volunteer location. Gordon Williams submitted volunteer hours to State Farm Companies in the amount that qualified his volunteer service hours for the donation of$500 to be used towards the annual Senior Center volunteer recognition event in April, 2012 as requested by Gordon Williams. MOTION: Move to adopt the resolution accepting the donation in the amount of $500 from State Farm Companies Foundation on behalf of Gordon Williams for his volunteer service at the Eden Prairie Senior Center to be used toward the 2013 Senior Center volunteer recognition event. VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VII. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 4, 2012 B. CITY COUNCIL MEETING HELD TUESDAY,DECEMBER 4, 2012 VIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS IX. CONSENT CALENDAR MOTION: Move approval of items A-S on the Consent Calendar. A. CLERK'S LICENSE LIST B. INTERNATIONAL SCHOOL OF MN RESIDENCE HALL ADDITION by Harriss Architects. Second Reading of the Ordinance for Planned Unit Development District Review on 58.29 acres and Zoning District Amendment within the Public Zoning District on 58.29 acres ; Resolution for Site Plan Review on 58.29 acres. Location: 6385Beach Road. (Ordinance for PUD District Review and Zoning District Amendment; Resolution for Site Plan Review) C. RILEY VIEWS by Hunter Emerson, LLC. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 13.4 acres and Zoning District Change from Rural to R1-9.5 on 13.4 acres. Location: 9400 Lake Riley Road; 18600 & 18700 Pioneer Trail. (Ordinance for PUD District Review with waivers and Zoning District Change) ANNOTATED AGENDA January 8, 2013 Page 3 D. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO CREATION OF AIRPORT COMMERCIAL AND AIRPORT OFFICE ZONING DISTRICTS AND ADOPT RESOLUTION APPROVING SUMMARY PUBLICATION E. APPROVE AGREEMENT WITH MATT'S AUTO SERVICE FOR TOWING SERVICES FOR 2013 F. ADOPT RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS G. ADOPT RESOLUTION DESIGNATING DEPOSITORIES H. ADOPT RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS I. ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS J. ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE K. ADOPT RESOLUTION AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL L. ADOPT RESOLUTION ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2013 M. ADOPT RESOLUTION APPROVING EXTENSION OF CONDITIONAL USE LICENSE AGREEMENT WITH HENNEPIN COUNTY FOR PROVISION OF ELECTRONIC DATA FOR MAPPING N. APPROVE GRANT AGREEMENT WITH MDH FOR SOURCE WATER PROTECTION PROGRAM UPDATE O. ADOPT POLICY FOR MANAGEMENT OF NUISANCE DRAINAGE ISSUES ON PRIVATE PROPERTY P. AWARD CONTRACT FOR 2013 LIME RESIDUAL HAULING& DISPOSAL Q. AWARD CONTRACT FOR 2013 WATER TREATMENT CHEMICALS R. APPROVE RELEASE & SETTLEMENT OF CLAIM AGREEMENT FOR WATER TREATMENT PLANT DAMAGES S. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL STUDY & ARC FLASH ASSESSMENT ANNOTATED AGENDA January 8, 2013 Page 4 X. PUBLIC HEARINGS/MEETINGS XI. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XII. ORDINANCES AND RESOLUTIONS A. RESOLUTION DECLARING THE BUDGET ADVISORY COMMISSION INACTIVE Synopsis: This Resolution inactivates the Budget Advisory Commission. City Code § 2.23 Subd. 6 authorizes the City Council by resolution to make a Commission inactive by choosing not to appoint members to such Commission. It is the intent of city staff to utilize remaining Commission members and other interested residents for special projects or assignments as deemed appropriate by the City Council. The Council may subsequently by resolution activate an inactivated Commission and thereafter appoint members pursuant to the process set forth in the City Code. MOTION: Move to adopt a Resolution inactivating the Budget Advisory Commission. B. FIRST AND SECOND READINGS OF ORDINANCE AMENDING CITY CODE CHAPTER 5 BY ADDING SECTION 5.46 RELATING TO THERAPEUTIC MASSAGE ENTERPRISES AND THERAPISTS REGULATION AND ADOPT RESOLUTION APPROVING SUMMARY FOR PUBLICATION Synopsis: Note: If the motion to adopt First and Second Reading is approved by less than a unanimous vote, the first reading has been approved, but a second reading at a subsequent City Council meeting is necessary for adoption. Recently the Police Department started to proactively investigate prostitution- related criminal activity in Eden Prairie. The department has learned that some prostitution-related businesses advertise themselves as "massage"businesses, using key words in their advertisements that are code for prostitution. The methods the department uses to make arrests for prostitution cases have made the integrity and safety of police staff a primary concern. To effectively investigate suspicious massage practices, the department and its staff may be placed in potentially unsafe situations. Staff believes a safer and more efficient way to manage these businesses is to regulate them before conducting proactive investigations into their activities. Staff wrote the attached draft ordinance regulating businesses providing massage therapy services. The ordinance exempts individuals and businesses that already hold a cosmetology license, allowing legitimate salons to continue their operations without additional licensing limitations. ANNOTATED AGENDA January 8, 2013 Page 5 As part of the ordinance enactment, the city will need to set fees associated with the investigation of applicants and granting of annual licenses. Based on the city's recently updated User Fee Policy, staff recommends the following fees: • Therapeutic Massage Enterprise: Investigation Fee- $500.00; Annual License Fee - $300.00 per year • Individual Massage Therapist: Investigation Fee - $100.00; Annual License Fee - $50.00 per year The "cost recovery" dollar amount for these fees were set by having the licensing clerk estimate the amount of time she would need to conduct an investigation and process the application. Staff also conducted a market comparison of other cities that currently regulate massage businesses and our recommended fees are within the market average. Staff believes that having a massage ordinance and licensure process in place will discourage prostitution-related businesses from locating in Eden Prairie and will make it easier to investigate and eliminate those businesses that are already here while allowing legitimate businesses to continue to prosper in Eden Prairie. MOTION: Move to approve first and second reading of an ordinance amending City Code Chapter 5 by adding Section 5.46 relating to therapeutic massage enterprises and therapists regulation and adopt Resolution approving Summary for Publication. XIII. PETITIONS, REQUESTS AND COMMUNICATIONS XIV. APPOINTMENTS A. RESOLUTION DESIGNATING OFFICIAL CITY NEWSPAPER Synopsis: This designation is required on an annual basis. The City Attorney determined both newspapers appear qualified under the statue. The Eden Prairie News has been the official newspaper since 2008 and for 27 years prior to 2003. The Sun-Current had been the official newspaper from 2003 through 2007. MOTION: Move to adopt Resolution designating the Eden Prairie as the official City newspaper for the year 2013. B. RESOLUTION DESIGNATING OFFICIAL MEETING DATES, TIME AND PLACE FOR THE EDEN PRAIRIE CITY COUNCIL IN 2013 AND APPOINTING ACTING MAYOR Synopsis: This resolution requires approval on an annual basis. MOTION: Move to adopt Resolution designating official meeting dates, time and place for the City of Eden Prairie Council in 2013 and appointing Councilmember Acting Mayor. ANNOTATED AGENDA January 8, 2013 Page 6 C. RESOLUTION APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY Synopsis: This appointment requires approval on an annual basis. MOTION: Move to adopt the resolution appointing City Council Members to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority; and appointing Nancy Tyra-Lukens as Chair; Rick Getschow as Executive Director and _ as Secretary for calendar year 2013. D. RESOLUTION APPOINTING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 2013 Synopsis: This resolution requires approval on an annual basis. Council Member Case served as the Director and Public Works Director Robert Ellis served as the Alternate Director to the Suburban Rate Authority in 2012. MOTION: Move to adopt the Resolution designating as the Director and as the Alternate Director to the Suburban Rate Authority. E. APPOINTMENT OF MAYOR TYRA-LUKENS AS DELEGATE AND COUNCIL MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF CITIES Synopsis: This appointment is approved on an annual basis. MOTION: Move to approve appointment of the Mayor as Delegate and Council Members as Alternates to the National League of Cities. F. APPOINTMENT OF MAYOR TYRA-LUKENS TO MUNICIPAL LEGISLATIVE COMMISSION Synopsis: This appointment is approved on an annual basis. MOTION: Move to approve appointment of the Mayor to the Municipal Legislative Commission. G. APPOINTMENT TO SOUTHWEST CABLE COMMISSION Synopsis: This appointment is approved on an annual basis. Council Member Case served on the Southwest Cable Commission in 2012. MOTION: Move to approve appointment of to the Southwest Cable Commission. ANNOTATED AGENDA January 8, 2013 Page 7 H. APPOINTMENT TO EDEN PRAIRIE FOUNDATION Synopsis: This appointment is approved on an annual basis. Council Member Nelson has served on the Eden Prairie Foundation since 2008. MOTION: Move to approve appointment of to the Eden Prairie Foundation. I. APPOINTMENT TO I-494 CORRIDOR COMMISSION Synopsis: This appointment is approved on an annual basis. Councilmember Aho has served on the I-494 Corridor Commission from 2005 to 2012. MOTION: Move to approve appointment of to the 1-494 Corridor Commission. J. APPOINTMENT TO CITY AND SCHOOL FACILITIES USE TASK FORCE Synopsis: Council Member Butcher Wickstrom served on the City and School Facilities Use Task Force in 2012. MOTION: Move to approve appointment of to the City and School Facilities Use Task Force. K. APPOINTMENT OF ASSISTANT WEED INSPECTOR Synopsis: Each year the City of Eden Prairie is requested to appoint an Assistant Weed Inspector for the City under the requirements of Minnesota Statutes, Chapter 18.80 and 18.81. The responsibility of the Assistant Weed Inspector is to enforce the local and state weed ordinances. Jeff Cordes has been doing this inspection work for the past several years, and he is familiar with the City ordinance and state law. Under State Statute, the Mayor is the City Weed Inspector and appointment of an Assistant Weed Inspector thereby relieves the Mayor or City Council of those duties as required by Minnesota State Statute. MOTION: Move to appoint Jeff Cordes as Assistant Weed Inspector for the City of Eden Prairie. L. APPOINTMENT OF MAYOR TYRA-LUKENS AS CITY COUNCIL REPRESENTATIVE TO SOUTHWEST METRO TRANSIT COMMISSION Synopsis: It is necessary for the City Council to appoint a Council Representative for a three-year term to end December 31, 2015. Mayor Tyra- Lukens has served as the Council Representative for 2012. ANNOTATED AGENDA January 8, 2013 Page 8 MOTION: Move to appoint Mayor Tyra-Lukens to Southwest Transit Board as the Eden Prairie City Council Representative for a three-year term to end December 31 , 2015. M. RESOLUTION APPOINTING MUNICIPAL REPRESENTATIVES TO THE FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES Synopsis: State statute states that three municipal trustees are to be appointed to the fire relief association. They must be: • One elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually • The chief of the municipal fire department Council Member Ron Case and Finance Manager Sue Kotchevar served on the Fire Relief Association in 2012. The appointment of the Fire Chief is automatic according to statute. MOTION: Move to adopt the resolution appointing and to the Eden Prairie Fire Relief Association. N. APPOINTMENT OF CITY ATTORNEY Synopsis: In October, 2009, the City Council appointed Mr. Ric Rosow as Eden Prairie City Attorney for a period of three years from 2010 through 2012. Action needs to be taken at the first meeting in 2013 to appoint a civil services attorney. In a Plan B City, it is the responsibility of the City Manager to recommend a competent professional for the duty of City Attorney. The City Council has the discretion to approve or decline the City Manager's recommendation. Mr. Rosow's firm has represented the City as its City Attorney for over three decades. Mr. Rosow has provided the City with wise legal counsel during his tenure as the City Attorney. City staff is extremely pleased with the work of Mr. Rosow and his associates. Mr. Rosow has frozen his legal fees since 2008. He proposes a modest increase for his 2013 hourly fees related to general legal services and proposes no increase for litigation services. He does not make a fee commitment for subsequent years, but does commit to seek City approval before adjusting fees in future years of his contract. I recommend the City Council reappoint Mr. Ric Rosow as City Attorney beginning January 1, 2013. MOTION: Move to reappoint Mr. Ric Rosow as Eden Prairie City Attorney beginning January 1 , 2013. XV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER ANNOTATED AGENDA January 8, 2013 Page 9 C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Twins Community Fund Grant Award Synopsis: Staff worked with representatives of the Eden Prairie Baseball Association to submit a grant request to the Hennepin Youth Sports Fund. Although the project was not selected for funding under this program, it was resubmitted to the Twins Community Fund for consideration. Staff was recently notified that$29,700 was approved to help support the project. Construction activities will be initiated and supervised by city staff and additional funds of$39,300 will be contributed by the Eden Prairie Baseball Association. MOTION: Move to accept Grant Funding from the Twins Community Fund to Construct Fenced and Covered Players Benches. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: V.A. Jay Lotthammer, Director, Donation of Historic Flying Red Horse Parks and Recreation Monument Sign Motion Move to: Adopt resolution accepting the donation of the Historic Flying Red Horse Monument Sign. Synopsis Staff has been approached by members of the Schwartz Family with the proposal to donate the Historic Flying Red Horse Monument Sign and locate it within a city facility or park. Katie Schwartz and members of her family will attend the council meeting and present a brief history and the basis for their proposal. If accepted by the Council, staff would recommend initially storing/displaying the sign at one end of the Riley Barn. An interpretive sign could be placed near the sign to help convey the history. It is estimated that the cost to restore the sign and make it operational is between $5,000 - $7,000. In the future, there is a potential to integrate the sign as a part of a park design so that it could be placed in a more visible outdoor location. Background The following information was provided by Katie Schwartz. "The station was established in the early 1920's and my grandfather started delivering fuel oil for them at that time. Then in 1936 the station was transformed into a Mobil station and the Flying Red Horse was born. The sign was placed on the rooftop at that time and was only removed once before its final removal on March 22, 2008. The time prior was in the late 1970's so our company could expand for the entrance of Country Kitchen. Before the remodel the building was known as "The Wye Café". My grandmother worked as a waitress for many years and this is how she met my grandfather Jesse Schwartz, Sr. It was known as the Wye because of how 212 and W. 78th Street came together at that corner. The Flying Red Horse is a historical landmark for the City of Eden Prairie and its residents. Everyone who knows of it has a story about it. Whether it was the indicator you were almost to Minneapolis, an indicator for pilots, or just a good place to meet a friend. There were always reasons to meet at the "Horse". At one point in 1998 the Smithsonian Institute was interested in the sign. We were not ready to give it up. Now is the time to let go and give the City of Eden Prairie back a piece of its history and culture. It is time to bring the Horse home." Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of the Historical Flying Red Horse Monument Sign to be used in a City Park is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 8th day of January, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: V.B. Jay Lotthammer, Director, State Farm Companies Foundation Donation Parks and Recreation on Behalf of Gordon Williams; Eden Prairie Senior Center Volunteer Requested Action Move to: Adopt the resolution accepting the donation in the amount of$500 from State Farm Companies Foundation on behalf of Gordon Williams for his volunteer service at the Eden Prairie Senior Center to be used toward the 2013 Senior Center volunteer recognition event. Synopsis The Senior Center provides a wide variety of social, recreational and educational opportunities for adults and seniors, including special events, educational classes, trips and social activities. Gordon Williams serves on the Senior Center Advisory Council. He is also an active Senior Center volunteer and participates in various programs and activities, including trips and special events. The State Farm Companies Foundation Good Neighbor Grant Program; Matching Gift Program gives out matching monies, matching the amount of volunteer hours an individual submits to their volunteer location. Gordon Williams submitted volunteer hours to State Farm Companies in the amount that qualified his volunteer service hours for the donation of$500 to be used towards the annual Senior Center volunteer recognition event in April, 2012 as requested by Gordon Williams. Background In 2011, 4,566 volunteer hours were served by local seniors at the Eden Prairie Senior Center at a value of$95,201, based on$20.85 value for volunteer time (from Independent Sector). Over 50 senior volunteers are recognized each spring at the annual volunteer recognition event for their dedicated time and commitment to the Senior Center programs, facilities and services. Attachments Resolution Check from State Farm Companies Foundation CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $500 to be used for the Senior Center Volunteer Recognition event at the Eden Prairie Senior Center from State Farm Companies Foundation on behalf of Gordon Williams for his volunteer service at the Eden Prairie Senior Center to is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 8th day of January, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk 62090 CDState Farm BankofAmerica.P.O.BOX 8559 �° CDTCD Companies PRINCETON,NJ 08543-8559 1-866-604-5480 55-33-212 Foundation' Date: 11/27/2012 Amount:$500.00 PAY Five Hundred Dollars and No Cents TO THE ORDER CITY OF EDEN PRAIRIE- EDEN PRAIRIE SENIOR CENTER x 0 OF o Endorsement certifies receipt of a charitable contribution in the amount w of this check.No goods or services were provided by the recipient. m 0 Mrs.Sue Bohnsack,CTRS VOID AFTER 180 DAYS Program Coordinator r Eden Prairie Senior Center 1-4— c 8950 Eden Prairie Road Eden Prairie,MN 55347 United States v06209011° I:02L200339i: 00945044047911° State Farm Companies Foundation 62090 State Farm Companies Foundation Good Neighbor Grant Program 11/27/2012 ITEM NO.: VII.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,DECEMBER 4, 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 Butcher Wickstrom was absent. I. CITY CENTER City Manager Rick Getschow introduced John McCarthy of Cushman &Wakefield. McCarthy was appointed by the City Council to act as its broker for the City Center space that will be vacated by C.H. Robinson next year. McCarthy introduced Larissa Champeau, a member of his project team, and presented a PowerPoint on their plans for marketing the space. McCarthy said Cushman and Wakefield have a dominant presence in the south suburban market, and a solid track record marketing corporate headquarters. He listed a number of similar listings in Eden Prairie his firm has handled. He said in the current market, landlords are still dealing with"concession-aggressive"tenants, and that large tenants are driving the market. He noted that market-wide vacancy rate has dropped slightly, from 17.9 percent to 17.4 percent. McCarthy said the City Center space that will be vacated by C.H. Robinson has some notable selling points, including: • A desirable location • Strong local ownership • Good regional accessibility • Fiber optic connectivity • Above average parking ratio • Amenities, including an on-site cafeteria and an exercise area Challenges associated with the space include: • Condition of current finishes • Improvement costs • A challenging floor plan • Limitations associated with multi-tenant space City Council Workshop Minutes December 4, 2012 Page 2 • Lack of executive parking • Number of competing properties McCarthy said he believes the City can reasonably expect to achieve a lease rate of$19- $20 per sf. Tenant-paid tax/operating expenses are estimated at $9.75 per sf, for an achievable net rental rate of$9.25 to $10.25 per sf. McCarthy also said that sale of the City Center building could bring in around $12 million. City Manager Getschow noted that it would likely cost between $15 and$17 million to build a new city hall. McCarthy said they plan to use a number of marketing strategies, including • Promoting the property locally and nationally • Leveraging the fact that Eden Prairie is a premier community in which to live and do business • Promoting within the brokerage and business communities McCarthy said they have purchased the domain name EPCityCenter.com to use as a one- stop site for everything related to marketing the City Center space. He said they will also make extensive use of electronic mailings, create a project video that can be distributed via e-mail, and conduct broker lunches/tours. Nelson asked if the cafeteria would remain. McCarthy said the cafeteria is an amenity that will appeal to many potential renters. Economic Development Manager David Lindahl asked about the likelihood of leasing the entire available space. McCarthy said he will encourage potential tenants to take the entire space, and may recommend the use of incentives to achieve that. McCarthy said he is aware that there has been some discussion of locating a business incubator in the building. He recommended the City not to give away prime space for such a use, since it is not required for that type of operation. Council Member Case said the Council needs to give McCarthy direction on what path to pursue—sale or lease. Council Member Aho said it sounds as if leasing makes more sense than selling,but he does not want to close the door completely on the sale option. Case said he and Aho attended a seminar on business incubators at the National League of Cities Conference in Boston and both are interested in exploring whether or not the concept could work for Eden Prairie. Case suggested directing staff to carve out 7,000 sf for a small business incubator. He said it could be basement space, but he feels the City really should try out this concept. Nelson asked if the School District intends to stay in their space. Getschow said they have indicated they want to stay, so a new lease agreement will have to be negotiated early in 2013. Nelson said she would like to the C.H. Robinson training room located near Parks & Recreation to be converted into an accessible meeting room for City use. Mayor Tyra-Lukens said she does not have the strong impression that the City is in need of additional meeting space. Tyra-Lukens asked McCarthy to provide quarterly updates to the Council. Open Podium - Council Chamber City Council Workshop Minutes December 4, 2012 Page 3 II. OPEN PODIUM III. ADJOURNMENT ITEM NO.: VII.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,DECEMBER 4, 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, Finance Director Sue Kotchevar, 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. Council Member Butcher Wickstrom was absent. II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. HENNEPIN COUNTY COMMISSIONER JAN CALLISON Hennepin County Commissioner Jan Callison gave a PowerPoint presentation on the Hennepin County budget and other items. She reviewed the County's revenue by source and described the growth in need for the service areas. She said the County's budget will increase by 1.2% in 2013, and the tax levy will increase by 0.9%. She reviewed the progress of the Southwest LRT, commenting they hope to begin construction in 2016. Tyra-Lukens thanked Ms Callison. She noted the comment period for the DEIS for the Southwest LRT has been pushed out to the end of December. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.1. MOTION: Aho moved, seconded by Case, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES CITY COUNCIL MINUTES December 4,2012 Page 2 A. SPECIAL COUNCIL MEETING HELD TUESDAY,NOVEMBER 13, 2012 MOTION: Case moved, seconded by Aho, to approve the minutes of the Special Council meeting held Tuesday,November 13, 2012 as published. Motion carried 2- 0-2,with Nelson and Tyra-Lukens abstaining. B. COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 20, 2012 MOTION: Case moved, seconded by Aho, to approve the minutes of the Council workshop held Tuesday,November 20, 2012 as published. Motion carried 4-0. C. CITY COUNCIL MEETING HELD TUESDAY,NOVEMBER 20, 2012 MOTION: Nelson moved, seconded by Case, to approve the minutes of the City Council meeting held Tuesday,November 20, 2012 as published. Motion carried 4- 0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. MITCHELL CROSSING APARTMENTS 2012 by Eden Prairie Development. Second Reading of Ordinance No. 36-2012-PUD-14-2012 for Planned Unit Development District Review with waivers and Zoning District Change from Community Commercial to RM-2.5 Zoning District on 3.098 and Site Plan Review on 3.098 acres. Location: Mitchell Road& Cochrane Lane. (Ordinance No.36- 2012-PUD-14-2012 for PUD District Review with waivers and Zoning District Change; ResolutionNo. 2012-163 for Site Plan Review) C. ADOPT RESOLUTION NO. 2012-164 APPROVING FINAL PLAT OF FIVE MITCHELL CROSSING D. AWARD CONTRACT FOR STABILIZATION OF A SECTION OF PURGATORY CREEK TO CARL BOLANDER& SONS E. APPROVE ADDITIONAL FINAL DESIGN SERVICES BUDGET WITH SRF CONSULTING GROUP FOR THE NORTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS F. AWARD CONTRACT FOR 5-YEAR CHLORINE SCRUBBER MAINTENANCE TO SEIMENS, INC. G. APPROVE LETTER OF CREDIT AS COLLATERAL FOR THE CITY'S PAYROLL ACCOUNT CITY COUNCIL MINUTES December 4,2012 Page 3 H. APPROVE PLANS AND AUTHORIZE BIDS FOR REPAIR OF MINNESOTA RIVER FLOODPLAIN POND SOUTH OF RIVERVIEW ROAD MOTION: Aho moved, seconded by Case, to approve Items A-H on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS A. 2013 BUDGET Getschow said the City has a two-year budgeting process. He said on September 4, 2012, the City Council adopted a resolution certifying the proposed 2013 City budget and property tax levy. There are two things occurring tonight: a public meeting on the proposed budget and levy; and Council action on next year's budget after the other public hearings scheduled for this evening. Kotchevar gave a PowerPoint overview of the 2013 budget. She noted market values in the City have been declining since 2010 with a 1.8% decrease in 2012; however, staff expects market values to level out or increase slightly in 2013. There is a 2.5% increase proposed in the General Fund in order to maintain City services at the current level. She reviewed General Fund revenue and expenditures and summarized the debt levies. There will be a 0.9% increase in the City's 2013 property taxes, but a median value residential property will see a 1.6% decrease in City property tax. She noted Eden Prairie ranked fourth in the comparison of city taxes for 12 Municipal Legislative Commission cities in 2012. Getschow said we have seen an increase in revenues, but we have also adjusted the budget conservatively. He noted the deficit has been reduced to the $300,000 range, and we are weaning ourselves off use of reserves or the budget stabilization fund. He reviewed the savings that will occur because of current and upcoming efficiencies and innovations. There were no comments from the audience. MOTION: Nelson moved, seconded by Aho, to close the public meeting. Motion carried 4-0. At 7:35 PM Mayor Tyra-Lukens opened the HRA meeting. B. RESOLUTION NO. 2012-165 APPROVING AMENDMENT OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 12 Rosow noted there are changes on goldenrod paper for both the HRA and the Council resolutions. The City and the owner are still discussing the exact terms of the Project Management agreement, and that will be brought back to the Council at the January meeting. He said we need to have the extension of the tax increment financing plan in place before the end of the year. CITY COUNCIL MINUTES December 4,2012 Page 4 There were no comments from the audience. MOTION: Case moved, seconded by Aho, to close the public hearing. Motion carried 4-0. MOTION: Nelson moved, seconded by Aho, to adopt Resolution 2012-165 approving amendment of the Tax Increment Financing Plan for Tax Increment Financing District No. 12. Motion carried 4-0. C. 1sT READING OF ORDINANCE UPDATING THE FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS D. RESOLUTION NO. 2012-166 UPDATING THE FEE SCHEDULE FOR CITY SERVICES Getschow said Item C is first reading of an ordinance updating the fee schedule for the administration of official controls. Item D is a resolution updating the fee schedule for all other City fees. While we do not need to hold a public meeting for any fees, the Council's practice has been to hold a public meeting for any change in the fees. Tyra-Lukens noted our tax levy is in the lower portion of MLC cities and asked if our fees are similarly positioned. Getschow said some of the fees are related to policies in place to recover our costs. We also look at the market to see how we compare on fees. Our utility fees have remained in the lower third when compared to other cities. There were no comments from the audience on either Item C or Item D. MOTION: Case moved, seconded by Nelson, to close the public hearing and to approve 1st reading of the ordinance updating the Fee Schedule for Administration of Official Controls. Motion carried 4-0. MOTION: Aho moved, seconded by Nelson, to close the public hearing and to adopt the 2013 Fee Resolution, Resolution No. 2012-166. Motion carried 4-0. E. RILEY VIEWS by Hunter Emerson, LLC. Request for: Planned Unit Development Concept Review on 13.4 acres, Planned Unit Development District Review with waivers on 13.4 acres, Zoning District Change from Rural to R1-9.5 on 13.4 acres, Preliminary Plat of 13.4 acres into 28 lots, 2 outlots and road right of way. Location: 9400 Lake Riley Road; 18600 & 18700 Pioneer Trail. (Resolution No. 2012-167 for PUD Concept Review; Resolution No. 2012-168 for Preliminary Plat) Getschow said official notice of this public hearing was published in the November 22, 2012,Eden Prairie News and sent to 59 property owners. This is a 28 lot single family subdivision with waivers for lot dimension, setbacks, and cul-de-sac length. The Planning Commission voted 5-0 to recommend approval of the project at the November 26, 2012, meeting. CITY COUNCIL MINUTES December 4,2012 Page 5 Scott Carlson, representing Hunter Emerson, reviewed the proposal and noted it is similar to other projects they have done in the City. He said the neighborhood meeting was well attended. The Schoenecker family had concerns about privacy along the trail, but they determined that both sides of the trail will stay essentially the same as it is today. He reviewed the PUD waivers they are requesting. He said the original plan included a second access point on Pioneer Trail across from Crestwood Terrace; however such an access would have required sight line and turn lane improvements on Pioneer Trail that were too significant for the development to undertake at this time. They will provide sufficient right of way to allow for construction of the second access when Pioneer Trail is upgraded. Tyra-Lukens said she is concerned about the need to make known the fact the stubbed-in road may go through eventually. Mr. Carlson replied there will be a 12- foot trail coming in at that point,but they could also put in signage as needed to show a future road location. There were no comments from the audience. MOTION: Case moved, seconded by Aho, to close the public hearing; to adopt Resolution No. 2012-167 for Planned Unit Development Concept Review on 13.4 acres; to approve 1st reading of the ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to R1.9.5 on 13.4 acres; to adopt Resolution No. 2012-168 for Preliminary Plat on 13.4 acres into 28 lots, 2 outlots and road right of way lots; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions regarding signage of the future road connection. Case asked if the future road connection will happen. Ellis said that connection is not in the approval; however, the developer would have to post surety for the connection. Case asked if a future Council could change this if there were neighborhood concerns. Ellis said Hennepin County might have to weigh in. We want to preserve the potential for a road,but the Council is not approving the road tonight. Nelson suggested there should be signs on both ends of the road access so people could see where the road will go through. VOTE ON THE MOTION: Motion carried 4-0. Tyra-Lukens noted it is nice to see developers coming in and investing in the community for the last year or so. She thought it shows we took the right course. X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Case, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Case, Nelson and Tyra- Lukens voting "aye." CITY COUNCIL MINUTES December 4,2012 Page 6 XI. ORDINANCES AND RESOLUTIONS A. APPROVE 2ND READING OF ORDINANCE NO. 37-2012 UPDATING THE FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND ADOPT RESOLUTION NO. 2012-169 APPROVING SUMMARY PUBLICATION Getschow noted first reading of this ordinance was approved earlier in tonight's meeting. MOTION: Aho moved, seconded by Case, to approve 2nd reading of Ordinance No. 37-2012 updating the Fee Schedule for Administration of Official Controls and to adopt Resolution No. 2012-169 approving summary publication. Motion carried 4-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. 2012 Election--Council Member Case Case said he wanted to commend City Clerk Kathleen Porta, Lorene McWaters and other staff members for the stellar job running the recent election. Getschow noted there was an 86% turnout for this year's election. Tyra-Lukens thanked Council Member Nelson for representing the City at the ribbon-cutting for the new Hwy 494-169 interchange. She noted she will be working with Council Member Aho on our City Manager's performance review. They will bring that back to the Council in February. B. REPORT OF CITY MANAGER 1. Resolution No. 2012-170 Certifying the 2013 Property Tax Levy, Adopting the 2013 Budget, and Consenting and Approving the 2013 HRA Tax Levy Getschow said on September 4, 2012, the Eden Prairie City Council adopted a resolution certifying the proposed 2013 City budget and property tax levy. According to state statute, the final levy amount must be certified to the county auditor by December 28, 2012. City Council adoption of the final levy and budget will complete this process. Case noted this is the end of a long process that included many hours of preparation. He thanked staff for the great job they did. CITY COUNCIL MINUTES December 4,2012 Page 7 MOTION: Case moved, seconded by Nelson, to adopt Resolution No. 2012-170 certifying the 2013 Property Tax levy to be $ 32,549,320, and to approve the 2013 Budget of$42,785,579 as reviewed by the Council; and to consent and approve the HRA tax levy and budget of$200,000. Nelson said staff has worked with the Council for a very long time this year. She approved of the earlier start because we were able to get lots of input. VOTE ON THE MOTION: Motion carried 4-0. 2. Resolution No. 2012-171 Approving 2013 To 2022 Capital Improvement Plan Getschow noted the 2013-2022 Capital Improvement Plan(CIP)was another item that we spent a lot of time on this year. We moved from a five- year to a ten-year plan. Kotchevar gave a PowerPoint overview of the CIP, noting there are approximately $254,000,000 in planned projects. She reviewed the projects by department and gave a funding summary. Getschow noted the actual CIP document is very large and will be available on the City website soon. It shows details of the projects, how each fund operates, and the funding source for each. Tyra-Lukens noted this is a process we have been going through during the year with several meetings and presentations. Nelson asked to receive an emailed version of the document. MOTION: Aho moved, seconded by Case, to adopt Resolution No. 2012- 171 approving the 2013 to 2022 Capital Improvement Plan. Motion carried 4-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS CITY COUNCIL MINUTES December 4,2012 Page 8 XVI. ADJOURNMENT MOTION: Case moved, seconded by Nelson, to adjourn the City Council meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 8:08 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. 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 Raffle Kingdale Kennels, Inc Organization: St. Hubert Catholic Community DBA: Kingdale Kennels, Inc Place: Bearpath Golf& Country Club 18100 Bearpath Trail PetSmart, Inc #458 Date: April 19, 2013 DBA: PetsHotel Wag `n Woofs, LLC New Liquor License—Licensee Name Change DBA: Wag `n Woofs Licensee name: Pei Wei Asian Diner, LLC (Formerly Pei Wei Asian Diner, Inc) DBA: Pei Wei Asian Diner Private Kennel Mary Lou Carlson 2013 Renewal Licenses Kimberly Donahue Precious Metal Dealer Barb & Jim Gabbert Marquis Jewelers, Inc Reid Mandel DBA: Wedding Day Diamonds James W. McCoy Gold Money Express LLC James & Carrie Neiburg DBA: Gold Money Express Nancy Parker Jamie Stoia Commercial Kennel Debra Wegler Anderson Lakes Animal Hospital DBA: Anderson Lakes Animal Hospital Deborah Winter Hound Dog Pet Hotel DBA: Hound Dog Pet Hotel - 1 - CITY COUNCIL AGENDA DATE: January 8, 2013 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community Development/Planning The International School of Janet Jeremiah/Regina Rojas Minnesota Residence Hall Addition 2012 Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Public Zoning District on 58.29 acres; and • Adopt Resolution for Site Plan Review on 58.29 acres; and • Approve the Development Agreement for International School Residence Hall Addition; and • Approve and Authorize Issuance of a Grading Permit for International School Residence Hall Addition, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated November 13, 2012, as approved by the City Council. Synopsis This is final approval for a residence hall with three future phases and administration offices. Background Information The 120-Day Review Period Expires on January 28, 2013. Attachments • Ordinance for PUD District Review and Zoning District Amendment • Summary Ordinance • Resolution for Site Plan Review • Development Agreement THE INTERNATIONAL SCHOOL OF MINNESOTA RESIDENCE HALL ADDITION 2012 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 1-2013-PUD-1-2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof Section 2. That action was duly initiated proposing that the land be amended within the Public Zoning District 1-2013-PUD-1-2013 (hereinafter"PUD-1-2013-Public). Section 3. The City Council hereby makes the following findings: A. PUD-1-2013- Public is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-1-2013- Public 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-1-2013- Public are justified by the design of the development described therein. D. PUD-1-2013- Public is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of January 8, 2013, entered into between The International School of Minnesota LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-1-2013- Public, and are hereby made a part hereof Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Public District and shall be included hereafter in the Planned Unit Development_-2013-Public, 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 November, 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 8th day of January, 2013. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2013. EXHIBIT A PUD Legal Description — Lot 1, Block 1 International School THE INTERNATIONAL SCHOOL OF MINNESOTA RESIDENCE HALL ADDITION 2012 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 1-2013-PUD-1-2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 6385 Beach Road within the Public 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 , 2013. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR THE INTERNATIONAL SCHOOL OF MINNESOTA RESIDENCE HALL ADDITION 2012 BY THE INTERNATIONAL SCHOOL OF MINNESOTA LLC WHEREAS, The International School of Minnesota LLC, has applied for Site Plan approval of The International School of Minnesota Residence Hall Addition 2012 to construct a residence hall with three future phases and administration offices, by an Ordinance approved by the City Council on January 8, 2013; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its October 22, 2012 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its November 20, 2012 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to The International School of Minnesota Residence Hall Addition 2012 based on the Development Agreement between The International School of Minnesota LLC and the City of Eden Prairie, reviewed and approved by the City Council on January 8, 2013. ADOPTED by the City Council of the City of Eden Prairie this 8th day of January 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk 4th SUPPLEMENT TO DEVELOPER'S AGREEMENT THE INTERNATIONAL SCHOOL OF MINNESOTA RESIDENCE HALL ADDITION 2012 THIS 4th SUPPLEMENT TO DEVELOPER'S AGREEMENT, (hereinafter referred to as the "4th Supplement-Residence Hall Addition") made and entered into as of January 8 , 2013, by The International School of Minnesota LLC, a Minnesota Limited Liability Company hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City"; WITNESSETH: WHEREAS, the parties entered into: (i) that certain Developer's Agreement International School of Minnesota, dated April 30, 1987, (hereinafter the "Developer's Agreement) attached as Exhibit D hereto; (ii) that certain Supplement to Developer's Agreement International School Phase II, dated August 15, 1990, (hereinafter the "Phase II Supplement") attached as Exhibit E hereto; (iii) that certain Supplement to Developer's Agreement International School Parking Lot and Running Track, dated August 2, 1994, (hereinafter the "Parking Lot and Running Track Supplement") attached as Exhibit F hereto; and(iv) that certain Supplement to Developer's Agreement International School Phase 3, dated May 18, 1999, (hereinafter the "Supplement Phase 3) attached as Exhibit G hereto for the Property. The Developer's Agreement, Phase II Supplement, Parking Lot and Running Track Supplement, and Phase 3 Supplement are collectively referred to herein as the "Amended Developer's Agreement." WHEREAS, Developer desires to construct a residence hall addition. WHEREAS, Developer has applied to City for Planned Unit Development Concept Review on 58.29 acres, Planned Unit Development District Review with waivers on 58.29 acres, Zoning District Amendment within the Public Zoning District on 58.29 acres, Site Plan Review on 58.29 acres, 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 Amendment within the Public Zoning District on 58.29 acres, Resolution No. for Site Plan Review, Developer agrees to construct, develop and maintain the Property as follows: 1. Developer shall develop the Property in conformance with the materials revised and dated November 19, 2012, reviewed and approved by the City Council on November 20, 2012, and listed on attached Exhibit B (the "Plans"), 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. REAFFIRMING CONDITIONS OF AMENDED DEVELOPER AGREEMENT: Developer agrees to all of the terms, conditions and obligations of"Developer" under the Amended Developer's Agreement. The Amended Developer's Agreement shall remain in full force and effect as amended by this 4t' Supplement-The International School Residence Hall Addition 2012. 4. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 250 caliper inches. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's written approval of a security per phase of development (64 inches for Phase 1 and 186 inches for the Master Plan) in the form of a bond, cash escrow, or letter of credit, equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 5. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Public Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD f ): • Building Height from 30 feet to 42 feet for the residence halls. 6. DELETION OF ACCESS ROAD REQUIREMENT: Paragraphs 6, A, B and C of the Developer's Agreement are hereby deleted. Upon application by the Developer, City shall notice and conduct a public hearing to consider vacation of that certain easement established by the Grant of School Emergency Access Easement, dated May 30, 1987 and recorded August 17, 1987 as Document No. 5312669 with the office of the Hennepin County Recorder. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens Its Mayor By Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2013, 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 THE INTERNATIONAL SCHOOL OF MINNESOTA LLC By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2013, by , the of The International School of Minnesota LLC, a Minnesota Limited Liability Company on behalf of the Company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A 4th SUPPLEMENT TO DEVELOPER'S AGREEMENT—THE INTERNATIONAL SCHOOL OF MINNESOTA RESIDENCE HALL ADDITION Legal Description: Legal Description: Lot 1, Block 1 International School EXHIBIT B 4th SUPPLEMENT TO DEVELOPER'S AGREEMENT—THE INTERNATIONAL SCHOOL OF MINNESOTA RESIDENCE HALL ADDITION PLANS: 1.1—Title Sheet dated 09/28/12 by James R. Hill, Inc 1.2—Site Information dated 09/28/12 by James R. Hill, Inc 1.3—Proposed Drainage dated 09/28/12 by James R. Hill, Inc 1.4—Existing Conditions dated 09/28/12 by James R. Hill, Inc 2.1—Erosion& Sediment Control Details dated 09/28/12 by James R. Hill, Inc 3.1—Final Grading & Erosion Control Plan dated 09/28/12 by James R. Hill, Inc 4.1—Final Utility Plan dated 09/28/12 by James R. Hill, Inc 5.1—Tree Inventory Plan dated 09/28/12 by James R. Hill, Inc 6.1—Final Landscape Plan dated 11/18/12 by Calyx Design Group, LLC 6.2—Master Plan Tree Layout dated 11/14/12 by Calyx Design Group, LLC 7.1—Final Paving, Dimensioning &Removal Plan dated 09/28/12 by James R. Hill, Inc 8.1—Detail Sheet dated 09/28/12 by James R. Hill, Inc. 8.2—Detail Sheet dated 09/28/12 by James R. Hill, Inc. A1-0—Site Plan dated 09/18/12 by Harriss Architects Al-1—Future Site Plan dated 09/18/12 by Harriss Architects A2-0—Floor Plans dated 09/18/12 by Harriss Architects A2-1—Floor Plans dated 09/18/12 by Harriss Architects A3-0—Exterior Elevations dated 09/18/12 by Harriss Architects EXHIBIT C 4th SUPPLEMENT TO DEVELOPER'S AGREEMENT—THE INTERNATIONAL SCHOOL OF MINNESOTA RESIDENCE HALL ADDITION 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. NOT APPLICABLE 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 Developer 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. VII. Developer represents that it has marketable fee title to the Property, except: XX XXXXXXX 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 except as set forth above. 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 best of Developer's 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. NOT APPLICABLE X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall, prior to the commencement of any improvements, provide written notice to Comcast of the development contemplated by this Developer Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance, provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent posts that measure four-feet tall aboveground. A 3 inch by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie" or "Wetland Buffer: No Mowing Allowed", will be affixed to the top of the post. XIX. Within 10 days of the approval of the Supplement, the Developer shall record the Supplement with the Original Developer Agreement as a referenced attachment, at the Hennepin County Registrar of Titles, provided that the Registrar of Titles will accept the Supplement for recording and memorializing on the current certificate of title. The final plat shall not be released until proof of filing of the Supplement 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 4th SUPPLEMENT TO DEVELOPER'S AGREEMENT—THE INTERNATIONAL SCHOOL OF MINNESOTA RESIDENCE HALL ADDITION Copy of Developer's Agreement International School of Minnesota, dated April 30, 1987. (attached) EXHIBIT E 4th SUPPLEMENT TO DEVELOPER'S AGREEMENT—INTERNATIONAL SCHOOL OF MINNESOTA RESIDENCE HALL ADDITION Copy of Supplement to Developer's Agreement International School Phase II, dated August 15, 1990 (attached) EXHIBIT F 4th SUPPLEMENT TO DEVELOPER'S AGREEMENT—INTERNATIONAL SCHOOL OF MINNESOTA RESIDENCE HALL ADDITION Copy of Supplement to Developer's Agreement International School Parking Lot and Running Track, dated August 2, 1994. (attached) EXHIBIT G 4th SUPPLEMENT TO DEVELOPER'S AGREEMENT—INTERNATIONAL SCHOOL OF MINNESOTA RESIDENCE HALL ADDITION Copy of Supplement to Developer's Agreement International School Phase 3, dated May 18, 1999. (attached) CITY COUNCIL AGENDA DATE: January 8, 2013 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C. Community Development/Planning Riley Views Janet Jeremiah/Regina Rojas Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to R1-9.5 on 13.4 acres; and • Approve the Development Agreement for Riley Views; and • Approve and Authorize Issuance of a Grading Permit for Riley Views, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated November 28, 2012, as approved by the City Council. Synopsis The following condition is included in the Development Agreement: • Developer shall also be responsible for providing signing at Pioneer Trail and Aubrie Court indicating the future street extension. Plans for the proposed future street connection must be disclosed to all prospective buyers and included in all marketing materials for the Property This is final approval of the development agreement and plans for a 28 single family lot subdivision. Background Information The 120-Day Review Period Expires on March 6, 2013. Attachments • Ordinance for PUD District Review • Summary Ordinance • Development Agreement RILEY VIEWS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 2-2013-PUD-2-2013 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 R1-9.5 Zoning District 2-2013-PUD-2-2013 (hereinafter "PUD-2-20 13-R 1-9.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of January 8, 2013 entered into between D.R. Horton, Inc.- Minnesota, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-2-2013- R1-9.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-2-2013-R1-9.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-2-2013- R1-9.5 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-2-2013- R1-9.5 are justified by the design of the development described therein. D. PUD-2-2013- R1-9.5 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 R1-9.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-2-2013- R1-9.5 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 4th day of December, 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 8th day of January, 2013. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2013. EXHIBIT A DEVELOPMENT AGREEMENT — PARCEL 1 - 9400 Riley Lake Road, Eden Prairie, MN 55347 That part of Government Lot 1, Section 30, Township 118, Range 22 lying Northerly of the centerline of County Road No. 1 and Northeasterly of a line and its extensions described as follows: Beginning at the intersection of the North line of said Government Lot 1 and the Southeasterly right of way of the Chicago and Northwestern Railroad; thence South 39 degrees 46 minutes 18 seconds East(assuming the North line of Government lot 1 has a bearing of South 89 degrees 59 minutes 26 seconds East) a distance of 330.85 feet to the centerline of County Road No. 1 and thee terminating, according to the Government Survey thereof. and That part of Government Lot 3, Section 19, Township 118, Range 22, described as beginning at the intersection of the South line of said Government Lot 3 with the Southeasterly right of way line of the Chicago and Northwestern Railroad; thence on an assumed bearing of South 89 degrees 59 minutes 26 seconds East along the South lne of said Government Lot 3 a distance of 667.89 feet to the South quarter-corner of said Section 19; thence North 38 degrees 52 minutes 07 seconds West a distance of 469.75 feet; thence Northwesterly along a tangent curve concave to the Northeast having a radius of 156.60 feet, central angle of 5 degrees 23 minutes, a distance of 14.71 feet, to the intersection with the Southeasterly right of way of said railroad; thence Southwesterly along said railroad right of way line a distance of 524.70 feet to the point of beginning, according to the Government Survey thereof. PARCEL 2 - 18600 Pioneer Trail, Eden Prairie, MN 55347 That part of Government Lot 1, Section 30, Township 116, Range 22, described as beginning at the Northeat corner of said Government Lot 1; thence on an assumed bearing of North 89 degrees 59 minutes 26 seconds West along the North line of said Government Lot 1 a distance of 667.89 feet to the intersection with the Southeasterly right of way line of the Chicago and Northwestern Railroad; thence South 43 degrees 59 minutes 20 seconds West along said railroad right-of-way a distance of 577.92 feet; thence South 45 degrees 45 minutes 53 seconds East a distance of 269.78 feet to the center line of County Road No. 1; thence North along said East line a distance of 66.14 feet to the point of beginning, lying southwesterly of a line described as follows; Beginning at the intersection of the North line of said Government Lot 1, and the Southeasterly right-of-way of the Chicago and Northwestern Railroad; thence South 39 degrees 46 minutes 18 seconds East(assuming the North line of Government Lot 1,has a bearing of South 89 degrees 59 minutes 26 seconds East) a distance of 330.85 feet to the centerline of County Road No. 1, and there terminating. PARCEL 3 - 18700 Pioneer Trail, Eden Prairie, MN 55347 That part of Government Lot 1 and 2 and that part of the Southeast Quarter of the Northwest Quarter, all in Section 30, Township 116, Range 22 described as: Commencing at the intersection of the North line of said Government Lotl with the center line of the Chicago & Northwestern Railway right-of-way as described in Book 554 of Deeds, page 293, Document No. 351456; thence on an assumed bearing of South 43 degrees 59 minutes 20 seconds West along the center line of said railway right-of-way line a distance of 1383.65 feet; thence South 62 degrees 05 minutes 26 seconds East a distance of 78.06 feet to the intersection with a line 75 feet Southeasterly of, measured at a right angle to and parallel with the above described centerline, said intersection being the point of beginning of the land to be described; thence continuing South 62 degrees 05 minutes 26 seconds East a distance of 425.05 feet to the northwesterly right- of-way line of County Road No. 1 as shown on Hennepin County Highway Plat No. 6 recorded in Book 70 of Hennepin County Record,page 3837760; thence Northeasterly along the Northwesterly right-of-way line of said road to the intersection with a line which bears South 45 degrees 45 minutes 53 seconds East from a point on the Southeasterly right-of-way line of said railway distant 577.92 feet Southwesterly from the North line of said Government Lot 1 as measured along said Southeasterly right-of-way line; thence North 45 degrees 45 minutes 53 seconds West a distance of 211.6 fee to the intersection with a line 75 feet Southeasterly of, measured at right angles to and parallel with the center line of said railway; thence Southwesterly along said parallel line to the point of beginning. RILEY VIEWS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 2-2013-PUD-2-2013 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 9400 Lake Riley Road and 18600 & 18700 Pioneer Trail from the Rural Zoning District to the R1-9.5 Zoning District on 13.4 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 , 2013. (A full copy of the text of this Ordinance is available from City Clerk.) DEVELOPMENT AGREEMENT RILEY VIEWS THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of January 8, 2013, by D.R. Horton, Inc.-Minnesota, a Delaware corporation, 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, the predecessor in interest to Developer applied to City for Planned Unit Development Concept Review on 13.4 acres, Planned Unit Development District Review with waivers on 13.4 acres, Zoning District Change from Rural to R1-9.5 Zoning District on 13.4 acres, and Preliminary Plat of 13.4 acres into 28 lots and 2 outlots and road right of way, 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 R1-9.5 on 13.4 acres 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 November 28, 2012, reviewed and approved by the City Council on December 4, 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. EMERGENCY VEHICLE ACCESS: 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 a 12 foot wide emergency vehicle access between Aubrie Court and Pioneer Trail as depicted on the plans. The emergency vehicle access must be constructed to the standard residential street structural section concurrent with construction of Aubrie Court. 4. DEED FOR OUTLOTS A AND B: Prior to release of the final plat for the Property, Developer shall tender a warranty deed for proposed Outlots A and B for review and written approval by the Director of Parks and Recreation Services. After approval by the City, 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 Engineer proof that the warranty deed has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. 5. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land or construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 6. 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. 7. FUTURE STREET CONNECTION TO PIONEER TRAIL: On the final plat Developer shall provide dedicated right-of-way for a future street connection from Aubrie Court to Pioneer Trail as indicated on the preliminary plat. The Developer shall design and construct and obtain the City Engineer's approval of the public infrastructure to accommodate the future connection to Pioneer Trail. 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 these improvements. The surety shall remain in place extending through the warranty period for the other public infrastructure improvements for the Property. Developer shall also be responsible for providing signing at Pioneer Trail and Aubrey Court indicating the future street extension. Plans for the proposed future street connection must be disclosed to all prospective buyers and included in all marketing materials for the Property. 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" (such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) 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. In areas of structural infiltration Developer shall prior to construction of the infiltration system provide a plan that addresses: (i) construction management practices to assure the infiltration system will be functional; (ii), erosion control measures; (iii) infiltration capacity; (iv) performance specifications that the completed infiltration system must meet to be considered functional by City and (v) corrective actions that will be taken if the infiltration system does not meet the performance specification. All 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 1/2 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. Stormwater Infiltration Systems that are constructed under a building shall be designed for maintenance access and installed in conformance with the standards outlined in The Minnesota Stormwater Manual (November 2005) and/or the Plans. The System shall be kept off-line until construction is complete. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of one-half inch or greater following the Storm Water Infiltration Systems becoming operational. If the infiltration rates are reduced by construction, a plan to restore adequate infiltration must be provided within 90-days of the field test 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 party(s) 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. 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 inspections, 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. LETTER OF MAP AMENDMENT: The Developer shall be responsible to obtain a letter of Map Amendment (LOMA) from Federal Emergency Management Agency (FEMA)which removes Lots 18-24, Block 2 as indicated on the Plans from Zone A. 10. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the R1-9.5 Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD( ): • Cul-de-sac length from 500 feet to 1,650 feet. • Corner Lot Frontage Less than 90 feet for Lot 1, Block 1 —88.1ft. • Front Yard Setback from 30 feet to 25 feet for all 28 lots • Lot Depth Less than 150 feet for properties which abut the railroad for lots 5-14, Block 2 11. 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. 12. 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 D, shall be signed by the owner(s) of the Property with the City for trunk sewer and water assessments on an assessable area of 11.9 acres in the amount of$84,228.20. In lieu of this, the Developer has the option to pay the full assessments in cash prior to release of the final plat for the Property. 13. 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 or 22 x 34 plan sheets designed to City standards and specifications. 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. 14. TREE LOSS - TREE REPLACEMENT: There are 1,329 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 648 diameter inches. Tree replacement required is 420 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 420 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. 15. WETLAND 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 Delineation and Wetland Buffer Strip Evaluation: If the Wetland Delineation or Wetland Buffer Strip Report(s) identified any unacceptable vegetation or other conditions, the wetland and/or wetland buffer strip 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 or within 90 days after receipt of a wetland permit for wetland alteration. If the Wetland Plan is submitted after September 30th, the Landscaping must be completed by June 30th of the following year. If Landscaping of the wetland and/or wetland buffer strip is required, the Developer shall submit a signed statement by a qualified wetland consultant, as determined by the City Manager, stating that the wetland and/or wetland buffer strip vegetation complies with all City requirements within 30 days of completion of the Landscaping of the wetland and/or wetland buffer strip. 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) and to determine if they are in compliance with all City 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 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. Wetland Buffer Strip Monuments: The Wetland Plan shall include a plan to install all wetland buffer strip monuments for the property prior to release of the first building permit for any portion of the Property. The Security referred to in paragraph D 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 monument shall consist of a post and a wetland buffer strip sign. 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. 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 "Conservation Easement: No Mowing Allowed" or "Conservation Easement: Vegetation Clearing Limit". 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. D. Wetland Performance Bond: 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. 16. 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 a building plan by Chief Building Inspector; • Approval of survey for model home and parking lot by City Planner; • Presence of a paved road within 300 feet of the model home and presence of 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. CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens Its Mayor By Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2013, 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 D.R. Horton, Inc.-Minnesota By James R. Slaikeu Its Vice President STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012, by James R. Slaikeu, the Vice President, of D.R. Horton, Inc.-Minnesota, a Delaware corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT -RILEY VIEWS Legal Description Before Final Plat PARCEL 1 - 9400 Riley Lake Road, Eden Prairie, MN 55347 That part of Government Lot 1, Section 30, Township 118, Range 22 lying Northerly of the centerline of County Road No. 1 and Northeasterly of a line and its extensions described as follows: Beginning at the intersection of the North line of said Government Lot 1 and the Southeasterly right of way of the Chicago and Northwestern Railroad; thence South 39 degrees 46 minutes 18 seconds East(assuming the North line of Government lot 1 has a bearing of South 89 degrees 59 minutes 26 seconds East) a distance of 330.85 feet to the centerline of County Road No. 1 and thee terminating, according to the Government Survey thereof. and That part of Government Lot 3, Section 19, Township 118, Range 22, described as beginning at the intersection of the South line of said Government Lot 3 with the Southeasterly right of way line of the Chicago and Northwestern Railroad; thence on an assumed bearing of South 89 degrees 59 minutes 26 seconds East along the South lne of said Government Lot 3 a distance of 667.89 feet to the South quarter-corner of said Section 19; thence North 38 degrees 52 minutes 07 seconds West a distance of 469.75 feet; thence Northwesterly along a tangent curve concave to the Northeast having a radius of 156.60 feet, central angle of 5 degrees 23 minutes, a distance of 14.71 feet, to the intersection with the Southeasterly right of way of said railroad; thence Southwesterly along said railroad right of way line a distance of 524.70 feet to the point of beginning, according to the Government Survey thereof. PARCEL 2 - 18600 Pioneer Trail, Eden Prairie, MN 55347 That part of Government Lot 1, Section 30, Township 116, Range 22, described as beginning at the Northeat corner of said Government Lot 1; thence on an assumed bearing of North 89 degrees 59 minutes 26 seconds West along the North line of said Government Lot 1 a distance of 667.89 feet to the intersection with the Southeasterly right of way line of the Chicago and Northwestern Railroad; thence South 43 degrees 59 minutes 20 seconds West along said railroad right-of-way a distance of 577.92 feet; thence South 45 degrees 45 minutes 53 seconds East a distance of 269.78 feet to the center line of County Road No. 1; thence North along said East line a distance of 66.14 feet to the point of beginning, lying southwesterly of a line described as follows; Beginning at the intersection of the North line of said Government Lot 1, and the Southeasterly right-of-way of the Chicago and Northwestern Railroad; thence South 39 degrees 46 minutes 18 seconds East(assuming the North line of Government Lot 1, has a bearing of South 89 degrees 59 minutes 26 seconds East) a distance of 330.85 feet to the centerline of County Road No. 1, and there terminating. PARCEL 3 - 18700 Pioneer Trail, Eden Prairie, MN 55347 That part of Government Lot 1 and 2 and that part of the Southeast Quarter of the Northwest Quarter, all in Section 30, Township 116, Range 22 described as: Commencing at the intersection of the North line of said Government Lotl with the center line of the Chicago & Northwestern Railway right-of-way as described in Book 554 of Deeds,page 293, Document No. 351456; thence on an assumed bearing of South 43 degrees 59 minutes 20 seconds West along the center line of said railway right-of-way line a distance of 1383.65 feet; thence South 62 degrees 05 minutes 26 seconds East a distance of 78.06 feet to the intersection with a line 75 feet Southeasterly of, measured at a right angle to and parallel with the above described centerline, said intersection being the point of beginning of the land to be described; thence continuing South 62 degrees 05 minutes 26 seconds East a distance of 425.05 feet to the northwesterly right- of-way line of County Road No. 1 as shown on Hennepin County Highway Plat No. 6 recorded in Book 70 of Hennepin County Record,page 3837760; thence Northeasterly along the Northwesterly right-of-way line of said road to the intersection with a line which bears South 45 degrees 45 minutes 53 seconds East from a point on the Southeasterly right-of-way line of said railway distant 577.92 feet Southwesterly from the North line of said Government Lot 1 as measured along said Southeasterly right-of-way line; thence North 45 degrees 45 minutes 53 seconds West a distance of 211.6 fee to the intersection with a line 75 feet Southeasterly of, measured at right angles to and parallel with the center line of said railway; thence Southwesterly along said parallel line to the point of beginning. Legal Description After Final Plat Lots 1-4, Block 1; Lots 1-24, Block 2; and Outlots A and B, Riley Views, Hennepin County, Minnesota EXHIBIT B Site Plan dated 11/27/12 by Sathre-Berquist, Inc. Location map dated 11/27/12 by Sathre-Berquist, Inc. Alta/ACSM Land Title Survey Sheet 1 of 2 dated 11/27/12 by Sathre-Berquist, Inc. Alta/ACSM Land Title Survey Sheet 2 of 2 by dated 11/27/12 by Sathre-Berquist, Inc. Preliminary Plat Sheet 1 of 2 dated 11/27/12 by Sathre-Berquist, Inc. Preliminary Plat Sheet 2 of 2 dated 11/27/12 by Sathre-Berquist, Inc. Preliminary Grading & Drainage Plan Sheet 1 of 2 dated 11/27/12 by Sathre-Berquist, Inc. Preliminary Grading & Drainage Plan Sheet 2 of 2 dated 11/27/12 by Sathre-Berquist, Inc. Preliminary Erosion Control & Removals Plan dated 11/27/12 by Sathre-Berquist, Inc. Preliminary Utility Plan Sheet 1 of 2 dated 11/27/12 by Sathre-Berquist, Inc. Preliminary Utility Plan Sheet 2 of 2 dated 11/27/12 by Sathre-Berquist, Inc. Tree Survey Sheet 1 of 2 dated 11/27/12 by Sathre-Berquist, Inc. Tree Survey Sheet 2 of 2 dated 11/27/12 by Sathre-Berquist, Inc. Tree Replacement Plan Sheet 1 of 3 dated 11/27/12 by Norby&Associates Landscape Architects, Inc Tree Replacement Plan Sheet 2 of 3 dated 11/27/12 by Norby&Associates Landscape Architects, Inc Tree Replacement Plan Sheet 3 of 3 dated 11/27/12 by Norby&Associates Landscape Architects, Inc Exhibit"A" dated 11/19/12 by Sathre-Berquist, Inc. EXHIBIT C DEVELOPMENT AGREEMENT—RILEY VIEWS 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) NONE 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 best of Developer's knowledge after due inquiry no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years' street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall, prior to the commencement of any improvements, provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance, provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. Except for a building permit for one model home pursuant to Section 16 of this Agreement, 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. Except for a building permit for one model home pursuant to Section 16 of this Agreement, prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 1/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie", will be affixed to the top of the post. XIX. Within 10 days of the approval of the 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. XXIII. Except as specifically authorized by the Director of Public Works, no permit shall be issued for the Property until the Developer has recorded the final plat with Hennepin County Recorder's Office/Registrar of Titles' Office. EXHIBIT D DEVELOPMENT AGREEMENT —RILEY VIEWS AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of , 2013, 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 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 "Improvement"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the 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 in the amount of$ for the Improvements. 2. The City's assessment records for the Property will show the assessments as a "pending assessment" until levied. 3. 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. 4. 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. 5. This Agreement shall be effective immediately. 6. 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. 7. This Agreement constitutes a lien on the Property in the amount of $ until such time as the assessments referred to above are levied. OWNER CITY OF EDEN PRAIRIE A Minnesota A Minnesota Municipal Corporation By: NOT TO BE SIGNED By: NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor By: NOT TO BE SIGNED Rick Getschow, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2013, by Nancy Tyra-Lukens, the Mayor, and Rick Getschow, the City Manager, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2013,by the , a Minnesota , on behalf of the Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.D. Community Development/Planning MAC Development Parcels Janet Jeremiah Requested Action Move to: Approve 2nd Reading of an Ordinance amending City Code Chapter 11 relating to creation of Airport Commercial and Airport Office Zoning Districts and adopt Resolution approving Summary Publication. Synopsis This is final approval of an ordinance creating Airport Commercial and Airport Office Zoning District Standards. On October 16, 2012, the City Council approved the text amendment to Chapters 3 and 5 of the Comprehensive Guide Plan and gave 1st reading the ordinance for text amendments to Chapter 11 creating the Airport Commercial and Airport Office Zoning District Standards. The Metropolitan Council waived further review of the text amendments to Chapter 3 and 5 of the Comprehensive Plan and the City may place the amendment into affect. Background Information The 120-Day Review Period Expires on January 17, 2013. Attachments 1. Ordinance 2. Summary Ordinance & Resolution 3. Met Council letter dated November 28, 2012 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 1-2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11 BY ADDING SECTION 11.28 RELATING TO THE CREATION OF AN AIRPORT — COMMERCIAL DISTRICT; ADDING SECTION 11.29 RELATING TO THE CREATION OF AN AIRPORT - OFFICE ZONING DISTRICT; AMENDING CITY CODE SECTION 11.03, SUBDIVISION 1.A. TO ADD THE AIRPORT DISTRICTS TO THE TABLE OF DISTRICTS; AMENDING CITY CODE SECTION 11.03, SUBDIVSION 2.A. TO ADD CRITERIA FOR CERTAIN USES IN THE AIRPORT COMMERCIAL AND AIRPORT- OFFICE ZONING DISTRICTS; AMENDING CITY CODE SECTION 11.03, SUBDIVSION 3.K.2 TO ADD A-C AND A-OFC TO THE LIST OF DISTRICTS IDENTIFIED 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. City Code Chapter 11, Section 11.03, Subd. 1.A. is amended by adding the following districts to the table: DISTRICT TITLE ABBREVIATION Airport—Office A- OFC Airport—Commercial A - C Section 2. City Code Chapter 11, Section 11.03, Subd. 2.A. is amended by adding 11.03 Subd. 2.A.14. as follows: In the A-C District, in the case of a gasoline/convenience store, the following criteria shall apply: (a) All buildings and pump canopies should have peaked roofs and relate architecturally in scale, proportion, materials and detail, and color with the building. (b) Pump canopies shall be connected with the primary store structure. Pump canopies shall be located behind the store and oriented away from adjoining residential areas. Canopy ceiling should be textured or have a flat finish. (c) All site walls, screen walls and pump island canopies should be architecturally integrated with the building with similar materials, colors, and detailing. (d) Average horizontal luminance at grade shall not exceed 10 foot-candles, with individual lamps not to exceed 250 watts. The fascias of the canopy should extend at least 12 inches below the lens of the fixture to block the direct view of the light sources and lenses from property lines. Recessed non glare lighting shall be used under the canopy. Average horizontal luminance at grade at the property line shall not exceed 0.5 foot-candles. (e) Service areas, storage areas and refuse enclosures shall be screened from public view, adjacent streets and residential areas (f) A landscape buffer shall be required to provide screening from adjacent residential uses. Section 3. City Code Chapter 11, Section 11.03, Subd 3 K. 2. is amended by adding after "Pub," the following "A-C, A-OFC," Section 4. City Code Chapter 11 is amended by adding Section 11.28 which shall read as follows: SECTION 11.28. AIRPORT C—COMMERCIAL DISTRICT Subd. 1. Purposes of Airport C-Commercial. The purposes of the Airport C-Commercial District (A-C) are to: (1) Provide appropriately located areas for retail stores, offices, service establishments, restaurants, business and professional offices and accessory uses, gasoline/convenience stores and amusement establishments; (2) Provide opportunities for retail stores, offices, service establishments, and amusement establishments, to concentrate for the convenience of the public and in mutually beneficial relationship to each other; (3) Provide space for community facilities and institutions that appropriately may be located in commercial areas; (4) Provide adequate space to meet the needs of modern commercial development, including off-street parking and truck loading areas; (5) Minimize traffic congestion and avoid the over-loading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them; and, (6) Protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, traffic, fire, explosion, noxious fumes, and other hazards. Subd. 2. Permitted Uses in Airport—Commercial District. A. All direct retail sales to users of goods and services conducted within structures and accessory uses, including related or supporting office and distribution uses. B. Public Infrastructure. Subd. 3. Required Conditions for Airport Commercial. A. Acceptable, approved sanitary sewer service must be provided to all occupied structures and uses. Subd. 4. Aeronautical Uses. Aeronautical Uses and Aeronautical Development Projects are not subject to the terms or conditions of the City Code. Subd. 5. Restrictions. In addition to the requirements set forth in this Section, construction of any building or structure situated within Airport — Commercial shall comply with all federal and state statutes, regulations, rules, laws, restrictions, guidance, and directives and Metropolitan Airports Commission rules and regulations concerning aeronautical safety and operation within the Flying Cloud Airport and runway protection zones. Section 5. City Code Chapter 11 is amended by adding Section 11.29 which shall read as follows: SECTION 11.29. AIRPORT—OFFICE DISTRICT. Subd. 1. Purposes of Airport- Office. The purposes of the Airport - Office District (A-OFC) are to: (1) Provide opportunities for offices of a semi-commercial character to locate outside of commercial districts; (2) Establish and maintain in portions of the City the high standards of site planning, architecture, and landscape design sought by many business and professional offices; (3) Provide adequate space to meet the needs of modern offices, including off-street parking of automobiles and, where appropriate, off-street loading of trucks; (4) Provide space for semi-public facilities and institutions appropriately may be located in office districts; (5) Minimize traffic congestion and avoid the over-loading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them; and, (6) Protect offices from the noise, disturbance, traffic hazards, safety hazards, and other objectionable influences incidental to certain commercial uses. Subd. 2. Permitted Uses in Airport—Office District. A. Business and professional offices and accessory uses. B. Supporting commercial sales and services to office users within large office structures of 30,000 square feet or more. The Commercial use is not to exceed fifteen percent, (15%), of the gross Floor Area Ratio. C. Public Infrastructure. Subd. 3. Required Conditions of Airport- Office. A. All professional pursuits and businesses shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas. B. Acceptable, approved sanitary sewer service must be provided to all occupied structures. Subd. 4. Aeronautical Uses. Aeronautical Uses and Aeronautical Development Projects are not subject to the terms or conditions of the City Code. Subd. 5. Restrictions. In addition to the requirements set forth in this Section, construction of any building or structure situated within Airport — Commercial or Airport - Office District shall comply with all federal and state statutes, regulations, rules, laws, restrictions, guidance, and directives and Metropolitan Airports Commission rules and regulations concerning aeronautical safety and operation within the Flying Cloud Airport and runway protection zones. Section 6. City Code Chapter 11 is amended by adding Section 11.02, 78 which shall read as follows: 78. "Aeronautical Uses and Aeronautical Development Project" - Any airfield project, hangar project, FBO development project, FBO facility development project, airport roads or fencing, or other facilities or improvements at the Flying Cloud Airport that involve or are directly related to the operation of aircraft, including activities that make the operation of aircraft possible and safe, or that are directly and substantially related to the movement of passengers,baggage, mail and cargo. Section 7. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 8. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of October, 2012, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 8th day of January, 2013. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on . CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2013- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 3-2013 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 3-2013 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 8th day of January 2013. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNSEL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. 3-2013 is lengthy. B. The text of summary of Ordinance No. 3-2013, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance No. 3-2013 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on January 8, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 4-2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 5 BY ADDING SECTION 5.46 RELATING TO THERAPEUTIC MASSAGE ENTERPRISES AND THERAPISTS REGULATION; 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: The following is only a summary of Ordinance No. 4-2013. The full text is available for public inspection by any person during regular office hours at the Office of the City Clerk. SUMMARY: The Ordinance adds City Code Section 5.46 which establishes business regulations for Therapeutic Massage Enterprises and Therapists within the City. This Ordinance incorporates, by reference, City Code Chapter 1 and City Code Section 5.99, which contain provisions relating to penalties. 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 . CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 3-2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 BY ADDIING AIRPORT COMMERCIAL AND AIRPORT OFFICE ZONING DISTRCIT STANDARDS TO CHAPTER 11 OF THE CITY CODE; 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 amendments to city code chapter 11 relating to the Airport Commercial and Airport Office Zoning District Standards. 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 , 2013. (A full copy of the text of this Ordinance is available from City Clerk.) 114 Metropolitan Council AI November 28, 2012 Michael D. Franzen, City Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: City of Eden Prairie Comprehensive Plan Amendment—MAC Development Parcels Administrative Review Metropolitan Council Review File No. 20401-7 Metropolitan Council District 3 Dear Mr. Franzen: The Metropolitan Council received the City's MAC Development Parcels comprehensive plan amendment(CPA)on November 6, 2012. The amendment includes text changes to the Land Use and Transportation chapters of the City's Comprehensive Plan Update(Update). The Land Use chapter includes description of land uses and corresponding zoning. The text was amended to identify Airport Commercial and Airport Office zoning for proposed parcels which are guided Airport. These changes are for potential future development of six parcels on non-aeronautical land at Flying Cloud Airport for Airport Office and Airport Commercial uses. In addition,there was a text amendment the Update's Transportation chapter relating to safety zones. Council staff finds the amendment meets the Comprehensive Plan Amendment Administrative Review Guidelines revised by the Council on July 28,2010. The proposed amendment does not affect official forecasts or the City's ability to accommodate its share of the region's affordable housing need. Therefore,the Council will waive further review and action and the City may place this amendment into effect. The amendment, explanatory materials, and the information submission form will be appended to the City's Update in the Council's files. If you have any questions about this review, contact Freya Thamman, Principal Reviewer, at 651-602-1750. Sincerely, gib V , LisaBeth Barajas,Manager Local Planning Assistance cc: Julie Monson, Minnesota Housing Tod Sherman, Development Reviews Coordinator, MnDOT Metro Division Jennifer Munt,Metropolitan Council District 3 Freya Thamman, Sector Representative/Principal Reviewer Cheryl Olsen,Reviews Coordinator N:ICommDevILPAICommunitieslEden PrairieALetters\Eden Prairie 2012 CPA MAC Aviation Admin Rev.docx www.metrocouncil.org 390 Robert Street North • St. Paul, MN 55101-1805 • (651)602-1000 • Fax(651)602-1550 • TTY(651)291-0904 An Equal Opportunity Employer CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.E. Police, Chief Rob Reynolds Approval of 2013 Towing Services Agreement Requested Action Move to: Approve renewal of the Agreement for Towing Services between the City of Eden Prairie and Matt's Auto Service for 2013. Synopsis: This agreement for Towing Services will provide consistency of towing services and costs. Background Information: For 47 years Matt's Auto Service (6282 Industrial Drive, Eden Prairie) has been acting as the official towing agency for the City of Eden Prairie. Matt's Auto Service has consistently provided the City with quality service. Matt's Auto Service provides towing/impoundment services for several other local police departments including Minnetonka, Hopkins, Deephaven, Hennepin County Sheriff, and State Patrol. This is a renewal of the 2012 agreement. The proposed agreement has been reviewed and approved by the City Attorney. Attachment: 2013 Agreement for Towing Services 2013 AGREEMENT FOR TOWING SERVICES THIS AGREEMENT, entered into this 1st day of January, 2013, between the City of Eden Prairie, Eden Prairie City Offices, 8080 Mitchell Road, Eden Prairie, MN 55344-2230 ("City"), and Matt's Auto Service, Inc., 6282 Industrial Drive, Eden Prairie, MN 55344 ("Contractor"). In consideration of the mutual covenants contained herein, the City and Contractor agree as follows: 1. Contractor's Services. The Contractor agrees to provide all services required by the City for towing of vehicles, as that term is defined in Minn. Stat. § 169.011, Subd. 92. These services shall be provided in accordance with the terms of this Agreement. The Contractor shall furnish the equipment, personnel, supplies, and facilities sufficient to fulfill all the terms of this Agreement. 2. Personnel. All drivers provided for the towing vehicles shall be checked for driver's license and warrants by the City's Police Department prior to their assignment. Contractor agrees to train all drivers in the proper towing of vehicles containing hazardous materials in accordance with federal and state laws. 3. Storage Facility. The Contractor shall provide storage facility for towed vehicles which shall be fenced and locked in a secure manner. The facility shall have space for no fewer than 150 vehicles and shall be within one mile of the City limits. 4. Operation. No vehicle shall be towed under this Agreement without specific authorization from an employee or agent of the City. All vehicles shall be towed, not driven (except when authorized) without damage to the vehicles, to the storage facility. Contractor shall maintain and provide a telephone answering service 24 hours a day for the purpose of receiving requests for service pursuant to this Agreement, and provide and maintain mobile radio service with all towing units. 5. Notification of Owner. Upon the deposit of a towed vehicle in the storage facility, the Contractor shall send, within 72 hours, by certified mail, to the registered owner a notice specifying the date and place of the tow, the year, make, model, and serial number of the vehicle towed, if such information can be reasonably obtained, and the procedure to reclaim the vehicle. A record of this notice shall be retained by the Contractor. 6. Release. No vehicle shall be released without proper proof of ownership. Vehicles ordered held by the Police Department shall not be released without written authorization from said department. Vehicles not kept on a "police hold" shall be released by the Contractor after obtaining proper proof of ownership and proof of current insurance coverage if the vehicle is to be driven out of the impound lot. The Contractor reserves the right to specify the manner of payment for all charges and fees. Contractor 1 agrees to supply personnel and reasonable hours of operation for the release of vehicles. Minimum hours shall be 8:00 a.m. to 5:00 p.m. Monday through Friday; 10:00 a.m. to 1:00 p.m. Saturdays; and 2:00 p.m. to 3:00 p.m. on Sundays and holidays. Contractor agrees to provide emergency service beyond those hours at the request of the police department. 7. Towing and Storage Charges. A 24 hour towing rate schedule for the term of the agreement for City of Eden Prairie impounded vehicles is: TOWING RATES-POLICE IMPOUNDS Impounded vehicles $89.00/115.00 Trailering impounded vehicles (additional) $5 minimum Accidents $89.00/145.00* Lowboy& Tractor service $95/hour minimum Dollies (Additional) $25.00/45.00 Winching (Additional) $45 small truck $225 big truck* Semi truck tractors and trailers $100 minimum* On-scene additional labor charges $25.00/45.00/hour minimum *additional labor charges may be required depending on the specific equipment or labor needed at the scene. STORAGE RATES-POLICE IMPOUNDS Two wheel motor vehicles, mopeds, $30.00/day ATV's, and snowmobiles Other vehicles (ex large trucks) $45.00/day Inside storage $45.00/day Tractor-trailers, large trucks $45 - $65/day Note: (1) Vehicles not able to be towed by conventional means due to unusual factory or after-market equipment installed will be impounded at the lowboy and tractor service rate plus additional labor charges which the Contractor must justify. Note: (2) Additional labor charges include, but are not limited to, unlocking vehicles, disconnecting transmission linkages or driveshafts, unusual road clean up, snow shoveling, any additional equipment needed, and vehicles located off the main roadways. Labor charges must be justified by the Contractor. All towing or storage charges shall be the responsibility of the vehicle owner, except that (a) public safety vehicles requiring towing within the City of Eden Prairie area shall be towed without charge to the City, (b) vehicles towed and/or stored in error (at the request 2 of the City) shall be returned to the owner at no charge, (c) Contractor may charge, in its discretion, a $25 fee for vehicles impounded by the City and abandoned by the owner that require disposal at the Contractor's expense pursuant to paragraph 10 of this Agreement. Any such fees charged by the Contractor shall be deducted from the administrative fees owed by the Contractor pursuant to paragraph 9 of this Agreement. 8. Forfeited Vehicles. Vehicles towed and stored pursuant to seizure/forfeiture under Minnesota Statutes §§ 609.531 to 609.5318 and §169A.63 shall be towed and stored at the following rates: Vehicles released within 15 days of the impound and no longer subject to forfeiture will fall under the procedures and fees outlined in paragraphs 6 & 7; Vehicles held for forfeiture will be charged a flat fee of $200.00 for towing and storage for the first 60 days, and $5.00 per day storage beginning with the 61 St day. These fees would apply to vehicles which were held for forfeiture and subsequently released back to the registered owner or lien holder after 15 days from the impound date had passed. Contractor will charge the City of Eden Prairie $12.00 per vehicle for owner notification and $12.00 per vehicle for Lien Holder notification to cover staff time and materials related to forfeited vehicles. If the owner/lien holder does not pick up the vehicle within 30 days of being notified by the contractor by certified mail to do so, and the vehicle has been stored over 60 days total, the vehicle may then be subject to the storage rates outlined in paragraph 7, beginning with the 31st day after receiving such notification. Release of such vehicles shall be governed by Minnesota Statutes §§609.531 to 609.5318 and §169A.63. Any storage or towing fees paid by the registered owner, which have already been paid by the City, shall be reimbursed to the City by the Contractor. A 9. Administrative Fees. The Contractor agrees to pay the City $4.00 for clerical and administrative expenses for each vehicle referenced in an impound towing report filed by the Police Department. These fees shall be paid annually, December 31, of each year for the preceding twelve month period. Vehicles not claimed and destroyed by the Contractor will be exempt from the administrative fee. 10. Records and Reports. Contractor shall prepare an annual report of all vehicles towed, stored, released, and still held, in a form acceptable to the City. This report shall be forwarded to the police department at the same time as payment of the administrative fees referenced in paragraph 9. The report shall include the reasons why, if any, vehicles towed have not been released. All records of services provided by the Contractor pursuant to this agreement shall be available for inspection by the City upon request. 11. Sales and/or Disposal. When the total of all charges for towing, storage, and other charges equals or exceeds the value of the vehicle impounded, the Contractor shall, with the permission of the Chief of Police, sell the vehicle at a sheriffs sale or otherwise dispose of the vehicle by lawful means. The Chief of Police may authorize the lawful sale of other vehicles when so requested by the Contractor after proper notification has been made to the registered owner. The Contractor shall report all transactions of sale or disposal, including the proceeds received, in the semi-annual report referenced 3 above in paragraph 10. The Contractor shall keep records and prepare an annual summary report by January 31, 2014, of all losses and profits from the sale or disposal of vehicles towed pursuant to this agreement. 12. Liability. The Contractor shall be responsible for the loss of, or damage to, any vehicle, equipment thereon, and contents therein due to the fault of the Contractor or his agent, from the time he, or his agent, takes custody of the vehicle, whether that be by signing the receipt for the vehicle or by hooking or hoisting the vehicle. The Contractor shall be responsible for the safe keeping of personal property, within or on the vehicle, as identified on the vehicle impound form. 13. Indemnification. The Contractor shall indemnify, hold harmless and defend the City, its employees and agents from, and against, all claims, damages, losses and expenses, including attorneys' fees, which the City may suffer or for which it may be held liable because of bodily injury, including death, or damage to property, including loss of use, as a result of the fault of the Contractor, its employees, agents or subcontractors in the breach or performance of this agreement. 14. Insurance. The Contractor shall obtain and maintain liability insurance for coverage of not less than the following amounts: Hazardous Load As required by fed/state laws Worker's Compensation Statutory Employer's Liability $100,000/$500,000/$100,000 Bodily Injury & $100,000 each occurrence Property Damage Fire & Theft $30,000 each occurrence Garagekeeper Liability $30,000 each occurrence The insurance shall cover all operations under this Agreement, whether undertaken by himself, subcontractors or anyone employed or retained by them. Coverage for bodily injury and property damage shall be written under comprehensive general and comprehensive automobile liability policy forms, including coverage for all owned, hired and non-owned motor vehicles. The insurance shall also cover the indemnification liability set forth in paragraph 13. All insurance policies required by this requirement shall include a provision that provides that the policy may not be canceled, terminated, or reduced except upon thirty(30) days written notice to the City. The insurance company shall deliver to the City certificates of all required insurance on a form provided by the City, signed by an authorized representative. The representative shall have in effect errors and omissions coverage in limits of not less than $100,000 per occurrence and $300,000 aggregate. 15. Non-Discrimination. The Contractor agrees during the life of this Agreement not to discriminate against any employee, applicant for employment, or other individual because of race, color, sex, age, creed, national origin, or any other basis 4 prohibited by federal, state or local laws. The Contractor will include a similar provision in all subcontracts entered into for performance of this Agreement. 16. Subcontractors. The Contractor shall not subcontract all or any portion of this Agreement without prior written approval of the City, except for assistance in emergency or unforeseen circumstances. All subcontractors shall be bound by, and covered by, all terms of this agreement. 17. Agreement Period. This Agreement shall commence on January 1, 2013, and terminate on January 15, 2014 or upon commencement of a renewal of this Agreement whichever first occurs. This Agreement may be renewed from year to year on the same terms and conditions upon the mutual written consent of both City and Contractor. This agreement may also be terminated by either party upon fifteen (15) days written notice if the other fails to perform in accordance with the terms of this Agreement through no fault of the terminating party. 18. Independent Contractor. At all times and for all purposes hereunder, the Contractor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Contractor an employee of the City. 19. Compliance with Laws. In providing services pursuant to this Agreement, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the performance of this Agreement. Any violation shall constitute a material breach of this agreement and entitle the City to terminate this agreement. 20. Audit. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor as appropriate. 21. Payment to Subcontractors. The Contractor shall pay any Subcontractor within ten (10) days of the Contractor's receipt of payment from the City for undisputed services provided by the Subcontractor. The Contractor shall pay interest of one and one- half percent (1'/2%) per month or any part of a month to a Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual amount due to the Subcontractor. 22. Data Practices Act Compliance. The Contractor shall at all times abide by Minn. Stat. § 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the same is applicable to data and documents in the possession of the Contractor. 23. Final Payment. The City may withhold from any final payment due the Contractor such amounts as are incurred or expended by the City on account of the termination of the Agreement. 5 24. Agreement Review. The contractor reserves the right to renegotiate certain fees should fuel prices rise significantly during the time frame of this agreement. 25. Whole Agreement. This Agreement embodies the entire agreement between the parties including all prior understanding and agreements, and may not be modified, except in writing, signed by all parties. MATT'S AUTO SERVICE, INC. CITY OF EDEN PRAIRIE By By Its Owner Its Mayor By Its City Manager Dated: Dated: 6 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.F. Sue Kotchevar, Office of the A Resolution Authorizing City Officials to City Manager/Finance Transact Banking Business Requested Action Move to: Adopt the resolution authorizing the persons holding the office as Mayor, Manager and Treasurer or Deputy Treasurer to act for the City of Eden Prairie in the transaction of any banking business with the official depositories. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2013- RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS BE IT RESOLVED, that the persons holding office as Mayor, Manager, and Treasurer of the City of Eden Prairie, be and they hereby are, authorized to act for the City in the transaction of any banking business with the official depositories (hereinafter referred to as the banks). Unless the City provides written notice to the contrary, this authorization includes the authority to sign checks against said account, which checks will be signed by the Mayor, Manager and City Treasurer or Deputy Treasurer. The bank is hereby authorized and directed to honor and pay any check against such account which is signed as above described, whether or not said check is payable to the order of, or deposited to the credit of, any officer or officers of the City including the signer or signers of the check. BE IT FURTHER RESOLVED, that the Acting Mayor be authorized to sign checks as an alternate for the Mayor and the Deputy Treasurer be authorized to sign checks as an alternate for the Treasurer. ADOPTED by the City Council of the City of Eden Prairie this 8th day of January, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.G. Sue Kotchevar, Office of the A Resolution Designating Depository City Manager/Finance Requested Action Move to: Adopt the resolution designating US Bank of Eden Prairie as the official depository for the public funds of the City of Eden Prairie. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2013- A RESOLUTION DESIGNATING DEPOSITORY BE IT RESOLVED, that US Bank of Eden Prairie of Minnesota, authorized to do banking business in Minnesota,be and hereby designated as the Official Depository for the Public Funds of the City of Eden Prairie, County of Hennepin, Minnesota. The City Treasurer shall maintain adequate collateral for funds in the depository. ADOPTED by the City Council of the City of Eden Prairie on the 8th day of January, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.H. Sue Kotchevar, Office of the A Resolution Authorizing use of Facsimile City Manager/Finance Signatures by Public Officials Requested Action Move to: Adopt the resolution authorizing the use of facsimile signatures of the Mayor, the City Manager and the Treasurer on checks, drafts, warrants, vouchers or other orders on public funds deposited. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2013- A RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS BE IT RESOLVED,that the use of facsimile signatures by the following persons: Nancy Tyra-Lukens, Mayor Rick Getschow, City Manager Susan Kotchevar, Treasurer on checks, drafts, warrants, vouchers or other orders on public funds deposited hereby is approved and that each of said named persons may authorize the depository bank to honor any such instrument bearing her/his facsimile signature in such form as she/he may designate and to charge the same to the account in said depository bank upon which drawn, as fully as though it bore her/his manually written signature and that instruments so honored shall be wholly operative and binding in favor of said depository bank although such facsimile signature shall be affixed without her/his authority. ADOPTED by the City Council of the City of Eden Prairie on this 8th day of January, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.I. Sue Kotchevar, Office of the A Resolution Authorizing the Treasurer or Deputy City Manager/Finance Treasurer to Invest City of Eden Prairie Funds Requested Action Move to: Adopt the resolution authorizing the City Treasurer or Deputy Treasurer to invest City of Eden Prairie funds. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2013- A RESOLUTION AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS BE IT RESOLVED,by the City Council of the City of Eden Prairie, County of Hennepin, that the City Treasurer or Deputy Treasurer is authorized to invest City of Eden Prairie funds with any bank, or other financial institution authorized to do business in the State of Minnesota in Certificates of Deposit, U.S. Government Notes and Bills, obligations of the State of Minnesota or any of its subdivisions, Federal Government Agency Bonds and Notes, Saving Accounts and Repurchase Agreements and any other security authorized by law. The City Treasurer shall maintain adequate collateral for funds deposited. ADOPTED by the City Council of the City of Eden Prairie on this 8th day of January, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.J. Sue Kotchevar, Office of the A Resolution Authorizing the Treasurer or Deputy City Manager/Finance Treasurer to Make Electronic Fund Transfers for the City of Eden Prairie Requested Action Move to: Adopt the resolution authorizing the City Treasurer or Deputy Treasurer to make electronic fund transfers for the City of Eden Prairie. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2013- A RESOLUTION AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR THE CITY OF EDEN PRAIRIE BE IT RESOLVED,by the City Council of the City of Eden Prairie, County of Hennepin, that the City Treasurer or Deputy Treasurer is authorized to make electronic fund transfers with any bank, or other financial institution authorized to do business in the State of Minnesota, for investments of excess cash,payment of bond principal, bond interest and a fiscal agent services charges, monthly sales tax, state payroll withholdings and other banking transactions deemed appropriate by the Treasurer or Deputy Treasurer. ADOPTED by the City Council of the City of Eden Prairie on this 8th day of January, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.K. Sue Kotchevar, Office of the Adopt A Resolution Authorizing Payment of City Manager/Finance Certain Claims by the Finance Department Without Prior Council Approval Requested Action Move to: Adopt a resolution authorizing payment of certain claims by the Finance Department without prior Council approval. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2013- AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL BE IT RESOLVED, that the following types of claims may be paid by the City Manager, Treasurer, or Deputy Treasurer,without prior approval by the City Council. Contracted items (utilities, rent, land, school, conference and related travel expenses, easements, construction, etc.) Payroll Liabilities Refunds Postage Programmed Professional Performances Petty Cash Invoices which offer discounts or have interest added Licenses and Fees Payments to vendors not allowing charge accounts Tickets paid by registration fees Motor vehicle registrations Employee expenses Insurance Amounts due to other government agencies Liquor store inventory items Police "buy" money Payments to comply with agreements, purchases, or invoices which contain a fixed time for payment ADOPTED by the City Council of the City of Eden Prairie on this 8th day of January, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.L. Resolution Designating the Official Office of City Manager Meeting Dates, Time and Location for Board and Commission Meetings in 2013 Requested Action Move to: Approve Resolution designating the official meeting dates, time and location for City Council appointed Boards and Commissions during 2013. Synopsis The schedule of regular meetings for the City's Boards and Commissions is established by the City Council on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2013- A RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES, TIME AND LOCATION FOR CITY COUNCIL APPOINTED BOARDS & COMMISSIONS IN 2013 BE IT RESOLVED, that the City Council of the City of Eden Prairie, Minnesota and the City Council appointed Boards and Commissions will meet at 7:00 p.m. in the Eden Prairie City Center, 8080 Mitchell Road,Eden Prairie,Minnesota as scheduled below. The Human Rights and Diversity Commission will meet at the EP Center Mall, Housing and Human Services Office. Additional workshops may be called if determined necessary by the Commission Chair and the Staff Liaison. Any regularly-scheduled meeting which occurs on a day when elections are held within the city limits of Eden Prairie will begin at 8:00 p.m. Robert's Rules of Order will prevail. Board / Commission Scheduled Meeting Dates Board of Appeal and Equalization Thursday,April 25, and Tuesday,May 14 Conservation Commission 2„d Tuesday Flying Cloud Airport Advisory Commission 2nd Thursday of odd months Heritage Preservation Commission 3rd Monday(January&February—2nd Monday) Human Rights&Diversity Commission 2nd Thursday(no meeting in July or August) Parks, Recreation&Natural Resources 1st Monday(2nd Monday of September) Commission Planning Commission 2nd and 4th Mondays(No meeting the 4th Monday of May, and December; and no meeting the 2nd Monday of November) ADOPTED by the Eden Prairie City Council this 8th day of January 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.M. Mary Krause Approve Extension of Conditional Use Public Works/Engineering License Agreement No. A12099 with Hennepin County for Provision of Electronic Data for Mapping Purposes Requested Action Move to: Adopt the resolution extending Conditional Use Agreement No. A12099 with Hennepin County from December 31, 2012 to December 31, 2013 for electronic geographical digitized data for use in mapping of the City. Synopsis Hennepin County has provided electronic digitized half-section map data to the City of Eden Prairie. The City uses this data to produce mapping. The original Agreement was approved by Council on February 2, 1999. Attachments • Resolution • Hennepin County Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013 - EXTENSION OF CONDITIONAL USE LICENSE AGREEMENT No. A12099 WITH HENNEPIN COUNTY FOR THE PROVISION OF ELECTRONIC DATA FOR MAPPING PURPOSES WHEREAS, a Conditional Use Agreement has been previously approved which identifies the obligations regarding the transfer and use of electronic digitized data files for use in mapping; and WHEREAS, the City Engineer recommends approval of the extension of said Conditional Use License Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie That said extension of Conditional Use License Agreement is hereby approved and the Mayor and City Manager are authorized to execute the extension of the agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on January 8, 2013. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk Hennepin County Taxpayer Services Department Hennepin Survey Division - Suite A-703 612.348.3131 Phone Hennepin County Government Center 612.348.2837 Fax Minneapolis, Minnesota 55487 www.co.hennepin.mn.us November 8, 2012 Mary Krause, Design Engineering City of Eden Prairie 8080 Mitchell Rd. Agreement# A12099 Eden Prairie, MN 55344-2230 Hennepin County desires to extend the above referenced EPDB Conditional Use License Agreement through December 31, 2013. If you as a Government Unit,Consultant/Third Party or Private Corporation, desire to extend the above-reference Agreement, the following requirements must be satisfied as they pertain to your entity. Please return the required information to Hennepin County,Attention: Robert Moulder (at the address stated at the top of this page). A.) GOVERNMENTAL UNIT MUST FURNISH TO THE COUNTY A COPY OF THE ACTION OF USER'S GOVERNING BODY AUTHORIZING THIS AGREEMENT EXTENSION. HOWEVER, IF AN OFFICIAL OF USER IS AUTHORIZED BY STATUTE OR CHARTER TO APPROVE AN AGREEMENT OF THIS NATURE THEN THIS ORIGINAL LETTER SIGNED BY SUCH OFFICIAL AUTHORIZING THE EXTENSION MUST BE RETURNED TO THE COUNTY. NOTE:SUCH OFFICIAL MUST ATTACH TO THIS LETTER A COPY OF THEIR STATUTORY OR CHARTER AUTHORITY TO APPROVE THE AGREEMENTS. B.) CONSULTANT/THIRD PARTY MUST PROVIDE THE COUNTY A COPY OF AFFIRMATION BY GOVERNMENTAL UNIT THAT YOU WILL CONTINUE AS CONSULTANT AS STATED IN AGREEMENT NO. THROUGH THE YEAR 2013. IN ADDITION, CONSULTANT/THIRD PARTY MUST SIGN THE ATTACHED SIGNATURE PAGE AND ACKOWLEDGEMENT AND RETURN ORIGINALS OF BOTH TO THE COUNTY. C.) PRIVATE CORPORATION MUST SIGN THE ATTACHED SIGNATURE PAGE AND ACKNOWLEDGEMENT AND RETURN ORIGINALS OF BOTH TO THE COUNTY. As authorized by the Agreement`arid mating the shave requirements,which Pe ugh you pecifically, please Indicate be v your iritentinn to extend or not to exte. d this agree agreement titre tgh the year 2413. please return the prig originals of;his,page and the acknowledgementpage and a copy ofaf'u ation as Consult t1`1'Ith . as aired tothe after do ofRober t ouldesr at he address pawn at` to an d 1'aiiy, �, � n Mt sthe p of Page 1 as soon as possible. Please check ) ppropriote box. X,It IS our intention to extent this agreement throe the year 1 Zt is NOT our intention to ex te d thisagreementthrought e yea r 0 . We ono longer require this anrorxnatio c Signature; Dates Autborizcd,bign$arc Tine: Ifyou have any questions about this naticefi phase ..call Rout 1Ytoulder at r1 3?$2S t 8 Fox assistane . ri incerrely R Richard P.,Johnson j County Adrrrinistrator CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.N. Rick Wahlen Approve Minnesota Department of Public Works/UtilitiesHealth Source Water Protection Program Grant for$10,000 Requested Action Move to: Approve a grant from the State of Minnesota in the amount of$10,000 for the purpose of expanding the City's Source Water Protection Program. Synopsis The attached Grant Agreement with the Department of Health authorizes the acceptance of$10,000 to be used for improving the City's required Source Water Protection Program. The City will apply this grant money towards the cost of computer modeling our aquifer and defining Eden Prairie's potential sources of contamination to its ground water. Background Information Public Water Supplies by law must identify potential sources of contamination and take approved steps to prevent contamination of the City's water supply. This requirement has been in place many years, and the City has had a well defined source water protection program in place. With the recent addition of Well No. 16, our area of influence has changed, and our existing plan must be updated. Additionally, the state requires periodic updating of this plan to keep pace with growth and development which may introduce new sources of contamination. We are collaborating with the state hydrologists in this endeavor. A grant program providing funds to municipalities to help with this process was made available in 2010, and the City applied for and was approved for the first year grant of$10,000. We executed this grant in 2011- 2012, and applied for a subsequent grant for calendar year 2012. This Agreement is for the second source water protection grant the City of Eden Prairie is qualified to receive. Attachment • Grant Agreement Standard Grant Template Version 1.2 ;Grant Agreement Number 54260 Between the Minnesota Department or E-!ealth and City of Eden Prairie EIMELa r VIDH imuman Encumbrance Worksheet (Attach to all contracts, grants, and amendments) Vendor Name: Vendor Number: City of Eden Prairie 0000197682 Address: Federal Employer I.D. or Social Security#: 8080 Mitchell Rd. 41-0855480 City,State,Zip: Minnesota Tax I.D. No. (if applicable): Eden Prairie, MN 55344 Starting Fiscal Year: 2013 Total Amount of Amendment: $10,000 Start Date: 11/1/2012 End Date: 4/30/2014 Accounting Information Fiscal Year 1 Fund Dept ID Appr ID Project ID Activity ID Amount 2302 H123 2137 H12552P $ 10,000 H123 $ H123 _ $ CFDA#(if Federal$) r r Fiscal Year 2 Fund Dept 1D Appr ID Project ID Activity ID Amount H123 $ H123 $ H123 $ CFDA#(if Federal$) Fiscal Year 3 Fund Dept ID Appr ID Project 1D Activity ID Amount H123 $ H123 y $ H123 $ CFDA# (if Federal$) Financial Management Only Authorized Signature for ... . Date to/ay Encumbrance Contract Number 54260 Origin Cade 649 Purchase Order Number 3000010459 Source Type NIA Category Code 84101501 Account ID 441362 NOTE: This page of the Agreement Contract contains confidential information and should not be reproduced or distributed externally without written permission from the Vendor. Internal circulation of this page should only be to individuals/offices signing this Agreement Contract and those that require Standard Grant Template version 1.2 Grant Agreement Number 542f 0 Between the Minneluta Department of f reaith and City of Eiden Ptairie Minnesota Department of Health Grant Agreement This grant agreement is between the State of Minnesota, acting through its Commissioner of the Department of Health ("State") and City of Eden Prairie ("Grantee"). Grantee's address is:8080 Mitchell Rd„ Eden Prairie, MN 5 5344i Recitals 1, Under Minnesota Statutes '§l 14D.50 Clean Water Fund, the State is empowered to enter into this Grant Agreement. 2. The State is in need of assisting public water suppliers to protect the source of drinking water. 3. The Grantee represents that it is duly qualified and will perform all the duties described in this agreement to the satisfaction of the State. Pursuant to Minnesota Statutes §16B.98, subd. 1,the Grantee agrees to minimize administrative costs as a condition of this grant. Grant Agreement 1. Term of Agreement 1.1 Effective date November 1, 2012, or the date the State obtains all required signatures under Minnesota Statutes §16C.05, subd. 2,whichever is later. The Grantee must not begin work until this contract is fully executed and the State's Authorized Representative has notified the Grantee that work may commence. 1.2 Expiration date April 30, 2014, or until all obligations have been fulfilled to the satisfaction of the State, whichever occurs first. 1.3 Survival of Terms The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10.1 Government Data Practices; 10.2 Data Disclosure; 14.1 Publicity; 14.2 Endorsement; and 15. Governing Law, Jurisdiction, and Venue. 2. Grantee's Duties The Grantee, who is not a State employee, shall: - Complete to the satisfaction of the State all of the following duties: - Complete and maintain the Potential Contaminant Source Inventory (PCSI) - The PCSI must be submitted to the State upon the completion of the project and in the format described in the specifications attached as Exhibit B. - On or before the end date of this Agreement, the Grantee shall provide the State with one electronic copy of all final products produced under this Grant Agreement, including reports, publications, software and videos. Any Grantee activity that involves data collection must be submitted to the State upon completion of the project and in the format agreed by the State. The Grantee shall pay in full any contractor hired for the purpose of completing any work under this Standard tyrant Template Version 1.2 Chant Agreement Number 54260 Between the Minnesota Department of Health and City of Eden Prairie i Grant Agreement within 10 days of receiving payment from the State. - The Grantee shall submit an itemized invoice for the total cost of the project - The Grantee shall submit a Final Report upon submittal of the Final Invoice, The Final Report shall be due no later than the expiration day of this Grant Agreement. The Final Report shall describe activities undertaken and accomplishments of each task, and any problems encountered in the performance of the work under this Agreement, including the costs associated with completion of the tasks. - In the event the Grantee is unable to begin grant activities or to satisfactorily perform the duties specified in this grant agreement, including but not limited to paying the contractor in full for all work performed by the contractor, the Grantee shall remit to the State within five days of demand all amounts paid to the Grantee pursuant to this Grant Agreement minus any actual expenses incurred and specifically authorized, in advance, by the State and which are documented by adequate invoices acceptable to the State. 3. Time The Grantee must comply with all duties within the time requirements described in this Grant Agreement. The State is not obligated to extend this Agreement. In the performance of this Grant Agreement, time is of the essence, and failure to meet a deadline may be a basis for a determination by the State's Authorized Representative that the Grantee has not complied with the terms of the Grant Agreement and require the Grantee to remit to the State all amounts previously paid to the Grantee. 4. Consideration and Payment 4.1 Consideration The State will pay for all services performed by the Grantee under this Grant Agreement as follows: (a) Compensation The Grantee will be paid according to the following breakdown of costs: Activity Grant Amount Download PCS data from public records (10 hrs consultant) $1,000 Complete new information into existing PCSI database (30 hrs consultant) $3,000 Verify address and location with online data(20 hrs consultant) $2,000 Field verify select site locations (consultant and City staff) $1,000 Present PCSI on maps and data tables (30 hrs consultant) -- $3,000 TOTAL $10,000 (b) Travel Expenses The Grantee shall not be reimbursed for any travel or subsistence expenses whatsoever (c) Total Obligation The total obligation of the State for all compensation and reimbursements to the Grantee under this Grant Agreement will not exceed$10,000 (ten thousand dollars). 4.2 Terms of Payment Standard Grant Template Version l.2 Omnt Agreement Number 54260_ Between the Minnesota Department❑t Health and City of Edon Prairie (a) Invoices The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted in a timely fashion,'upon completion of the services. The State does not pay merely for the passage of time. (b) Invoices must be submitted using the form attached as Exhibit A and sent to:. Attn: Cristina Covalschi Source Water Protection Minnesota Department of Health PO Box 64975 St. Paul, MN 55164-0975 (c) If the final invoice is not received by the State before the end date of this Grant Agreement, the Grantee may forfeit the final payment. (d) If necessitated by the nature of the project, the Grantee is allowed to reallocate up to 10% of the amount originally awarded for a given expense category to another approved category without obtaining permission from the State. Should the Grantee find it necessary to re-budget the Grant beyond the 10% reallocation allowance, a written or e-mail request must be submitted to the State for approval. S. Conditions of Payment All services provided by Grantee pursuant to this Agreement must be performed to the satisfaction of the State, as determined in the sole discretion of its Authorized Representative. Further, all services provided by the Grantee must be in accord with all applicable federal, State, and local laws, ordinances, rules and regulations. The Grantee will not be paid for work that the State deems unsatisfactory, or performed in violation of federal, State or local law, ordinance, rule or regulation. 6. Authorized Representatives 6.1 State's Authorized Representative The State's Authorized Representative for purposes of administering this agreement is Cristina Covalschi, SWP Grants Coordinator, 625 Robert Street N, PO Box 64975, Saint Paul, MN 55164-0975, Phone number: 651-201-4696, email address: Cristina.Covalschi@State.mn.us, or her successor, and has the responsibility to monitor the Grantee's performance and the final authority to accept the services provided under this agreement. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. 6.2 Grantee's Authorized Representative The Grantee's Authorized Representative is l Rick Wahlen, Manager of Utilities, address: 14100 Technology Drive, Eden Prairie, MN 55344, phone: 952-294-59081. The Grantee's Authorized Representative has full authority to represent the Grantee in fulfillment of the terms, conditions, and requirements of this agreement. If the Grantee selects a new Authorized Representative at any time during this agreement, the Grantee must immediately notify the State. 7. Assignment,Amendments, Waiver, and Merger 7.1 Assignment The Grantee shall neither assign nor transfer any rights or obligations under this Agreement without the prior written consent of the same parties who executed and approved this Agreement, or their successors in office. Standard( ant Template Version 1.2 Grant Agreement Number 54260 Between the lvtinnesotri Department of I-lealth and City of Eden Prairie 7.2 Amendments If there are any amendments to this Agreement, they must be in writing. Amendments will not be effective until they have been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 7.3 Waiver If the State fails to enforce any provision of this Agreement, that failure does not waive the provision or the State's right to enforce it. 7.4 Merger This Agreement contains all the negotiations and agreements between the State and the Grantee. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 8. Liability The Grantee must indemnify and hold harmless the State, its agents, and employees from all claims or causes of action, including attorneys' fees incurred by the State, arising from the performance of this agreement by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this agreement. 9. State Audits Pursuant to Minnesota Statutes § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices of the Grantee, or any other relevant party or transaction, are subject to examination by the State, the State Auditor, and the Legislative Auditor, as appropriate, for a minimum of six (6) years from the end of this Grant Agreement, receipt and approval of all final reports, or the required period of time to satisfy all State and program retention requirements, whichever is later. 10. Government Data Practices and Data Disclosure 10.1 Government Data Practices Pursuant to Minnesota Statutes Chapter 13, the Grantee and the State must comply with the Minnesota Government Data Practices Act as it applies to all data provided by the State under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this Grant Agreement, The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before any data is released. The Grantee's response to the request must comply with the applicable law. 10.2 Data Disclosure Pursuant to Minnesota Statutes § 270C.65, subd. 3, and all other applicable laws, the Grantee consents to disclosure of its social security number, federal employee tax identification number, and Minnesota tax identification number,all of which have already been provided to the State, to federal and State tax agencies and State personnel involved in the payment of State obligations. These identification numbers may be used in the enforcement of federal and State tax laws which could result in action requiring the Grantee to file State tax returns and pay delinquent State tax liabilities, if any. 11. Ownership of Materials and Intellectual Properly Rights 11.1 Ownership of Materials The State shall own all rights, title and interest in all of the materials conceived or created by the Grantee, or its employees or sub-Grantees, either individually or jointly with others and which arise out of the performance of this grant agreement, including any inventions, reports, Standard Grant Template Version t.2 6ranl Agreement Number 54260 Between the Minnesota Department of f.lealth and City of Eden Prairie studies, designs, drawings, specifications, notes, documents, software and documentation, computer based training modules, electronically, magnetically or digitally recorded material, and other work in whatever form("materials"). 'The Grantee hereby assigns to the State all rights, title and interest to the materials. The Grantee shall, upon request of the State, execute all papers and perform all other acts necessary to assist the State to obtain and register copyrights, patents or other forms of protection provided by law for the materials. The materials created under this grant agreement by the Grantee, its employees or sub-Grantees, individually or jointly with others, shall be considered "works made for hire" as defined by the United States Copyright Act. All of the materials, whether in paper, electronic, or other form, shall be remitted to the State by the Grantee. Its employees and any sub-Grantees shall not copy, reproduce, allow or cause to have the materials copied, reproduced or used for any purpose other than performance of the Grantee's obligations under this grant agreement without the prior written consent of the State's Authorized Representative. 11.2 Intellectual Property Rights Grantee represents and warrants that materials produced or used under this grant agreement do not and will not infringe upon any intellectual property rights of another including but not limited to patents, copyrights, trade secrets, trade names, and service marks and names. Grantee shall indemnify and defend the State, at Grantee's expense, from any action or claim brought against the State to the extent that it is based on a claim that all or parts of the materials infringe upon the intellectual property rights of another. Grantee shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to, reasonable attorney fees arising out of this grant agreement, amendments and supplements thereto, which are attributable to such claims or actions. If such a claim or action arises or in Grantee's or the State's opinion is likely to arise, Grantee shall at the State's discretion either procure for the State the right or license to continue using the materials at issue or replace or modify the allegedly infringing materials. This remedy shall be in addition to and shall not be exclusive of other remedies provided by law. 12. Workers'compensation The Grantee certifies that it is in compliance with Minnesota Statutes §176.181, subd. 2, which pertains to workers' compensation insurance coverage. The Grantee's employees and agents, and any contractor hired by the Grantee to perform the work required by this Grant Agreement and its employees, will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees, and any claims made by any third party as a consequence of any act or omission on the part of these employees, are in no way the State's obligation or responsibility. 13. Publicity and Endorsement 13.1 Publicity Any publicity given to the program, publications, or services provided resulting from this grant agreement, including, but not limited to, notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee or its employees individually or jointly with others, or any sub-Grantees shall identify the State as the sponsoring agency and shall not be released without prior written approval by the State's Authorized Representative, unless such release is a specific part of an approved work plan included in this grant agreement. 13.2 Endorsement The Grantee must not claim that the State endorses its products or services. 14. Termination 14.1 Termination by the State The State or Grantee may cancel this Grant Agreement at any time, with or without cause, upon thirty (30) days written notice to the other party. Standard Grant Template Version 12 Grant Agreement Number _54260 between the Minnesota Department of Health and City of Eden Prairie 14.2 Termination for Cause If the Grantee fails to comply with any of the provisions of this Grant Agreement, the State may terminate this Grant Agreement without prejudice to the right of the State to recover any money previously paid. The termination shall be effective five business days after the State mails, by certified mail, return receipt requested, written notice of termination to the Grantee at its last known address. 14.3 Termination for Insufficient Funding The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota legislature or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the work scope covered in this Agreement. Termination must be by written or facsimile notice to the Grantee. The State is not obligated to pay for any work performed after notice and effective date of the termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if this Agreement is terminated because of the decision of the Minnesota legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State receiving notice of the same. 15. Governing Law, Jurisdictions and Venue This Grant Agreement, and amendments and supplements to it, shall be governed by the laws of the State of Minnesota, Venue for all legal proceedings arising out of this grant agreement, or for breach thereof, shall be in the State or federal court with competent jurisdiction in Ramsey County, Minnesota. IN WITNESS WHEREOF,the parties have caused this grant agreement to be duly executed intending to be bound thereby. APPROVED: 1. Grantee 2, STATE AGENCY The Grantee certifies that the appropriate persons(s)have executed the Grant Agreement approval and certification that STATE'finds have been grant agreement on behalf of the Grantee as regrnred by applicable encumbered uc regnired by Mtnn_Star.EWr1.1 S and 16C-RS. articles,bylaws,resohitrars,or ordinances_ By: By: (with delegated authority) Title: Title: Date: Date: By: Title: Date: Disfibution_ Agency - Original(/itlly executed)Grant Agreement Grantee State Authrrized Representative MIN N E 5 0 TA Division of Environmental Health Exhibit A M 5Pet eetianBoxfDr of prinking Water Protection St.Paul,Minnesota 55164.0975 bEPARTMENTor HEALTH 651/201-4700 Source Water Protection Plan Implementation Grants Invoice IGRANTEE INFORMATION PWSID: 1 System Name: Address: Contact Person Name: Phone: Fax. E-mail: INVOICE INFORMATION Is this the final invoice? ❑ Yes ❑ No IWORK ITEMS AND EXPENDITURE DESCRIPTION—use an additional page if necessary I $ $ $ $ Total Expenditures `$ Net Invoice Amount to be Paid $ DISCLAIMER AND SIGNATURE 1 declare that no part of this claim has been previously billed to MDH,and that the Total Expenditures reflect only charges related to the source water protection project.I also declare that the data on this document is correct and all transactions that support this claim were made in accordance with at applicable Federal and State statutes and regulations. Authorized Grantee Signature Date FOR MINNESOTA DEPARTMENT OF HEALTH USE ONLY Grant Manager Signature Date PO: Approved by: Period of Service: Date sent to F.S: CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.O. Robert Ellis/Public Works Policy for Management of Nuisance Drainage Issues on Private Property Requested Action Move to: Adopt a Policy for management of nuisance drainage issues on private property. Synopsis Currently, there is no formal Policy to guide City personnel involved with managing disputes caused by storm water runoff on private property. The lack of a Policy makes it difficult for staff to distinguish when the matter is a public issue versus a private issue. It is proposed that a Policy should be developed that clearly defines the City's role and responsibility in managing these affairs. Background Information Each year, the City of Eden Prairie invests a significant amount of resources towards resolving drainage nuisance issues on private property. These issues are generally the result of one land owner being displeased with another land owner's runoff being conveyed on or across their property. Common causes include landscaping work, retaining wall installation, down spout location, sump pump discharge and fence installations. It is proposed that when runoff generating the complaint originates from within City property,public right-of-way or waters of the state, then the City should play an active role in resolving the matter. Likewise, when the complaint is the result of the functioning of the public drainage system, the City should play an active role in resolving the matter. An active role is defined as either ordering others to make improvements at their cost or causing them to be made at the City's expense. Conversely, if runoff generating the complaint originates primarily from private property, and is not being routed through a public drainage system at the point of the nuisance, then the City should act in a facilitating role. A facilitating role is defined as one in which the City participates in a discussion amongst property owners in an effort to help them recognize the issue, its cause and possible solutions. If facilitation is not working to resolve the issue,private property owners may need to pursue a private remedy such as through private mediation, arbitration or civil litigation. Financial Implications None Attachments • Policy Policy on Management of Nuisance Drainage on Private Property Acted upon by City Council: January 8, 2013 Problem Statement: Each year, the city of Eden Prairie invests a significant amount of resources towards resolving drainage nuisances on private property. These issues are generally the result of one land owner being displeased with another land owner's runoff being conveyed on or across their property. Common causes include landscaping work, retaining wall installation, down spout location, sump pump discharge and fence installations. Currently, there is no formal policy to guide City personnel involved with managing disputes caused by storm water runoff on private property. The lack of a policy makes it difficult for staff to distinguish when the matter is a public issue versus a private issue. It is proposed that a policy be developed that clearly defines the City's role and responsibility in managing these affairs. Definitions: Public Drainage System — For purposes of this policy, any drainage pipe, inlet, emergency overflow, infiltration gallery, pond, channel, curb or gutter located in a utility or drainage easement or right-of-way dedicated or otherwise conveyed to the City is considered to be a component of the public drainage system. Drainage swales located on private property which carry private property runoff are not considered part of the public drainage system regardless of whether or not they are located in a utility or drainage easement granted to the city. Active Role — Either ordering others to make improvements at their cost or causing them to be made at the city's expense. Facilitating Role — Participating in a discussion amongst property owners in an effort to help them recognize the drainage issue, its cause and possible solutions. Policy: To determine the city's role in managing a drainage issue, the individual investigating the complaint shall consider the origin of the runoff and/or the manner it is being conveyed. When runoff generating the complaint originates from within city owned property, public right-of-way or waters of the state, then the city shall play an active role in resolving the matter. Likewise, when the complaint is the result of the functioning of the public drainage system, the city shall play an active role in resolving the matter. Conversely, if runoff generating the complaint originates primarily from private property, and is not being routed through a public drainage system at the point of the nuisance, then the city shall act in a facilitating role. In this situation the city does not participate in any design or construction costs, nor orders others to do so. If facilitation is not working to resolve the issue then private property owners may need to pursue a private remedy such as through private mediation, arbitration or civil litigation. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 13-6340 ITEM NO.: IX.P. Rick Wahlen Award Contract for 2013 Public Works/Utilities Lime Residual Hauling and Disposal Requested Action Move to: Award bid for I.C. 13-6340, Lime Residuals Hauling and Disposal to Moelter Grain Inc. in the amount of$250,920.00. Synopsis Sealed bids were received on Thursday, December 6, 2012. Three bids were received for the hauling and disposal of the lime residuals. The project specifications were written with a contract period of one year(2013), of two (2) years (2013 and 2014), or of three (3) years (2013, 2014 and 2015)with the City having the option to choose the length of contract. Based on the bids submitted; staff recommends the Contract to include hauling and disposal of the lime residuals for the (1)year contract for the year 2013 to Moelter Grain Inc. Background Information The bid results for the contract period 2013 are as follows: Moelter Grain Inc. $ 250,920.00 ($13.94/cubic yard)) Huls Brothers Trucking $ 278,280.00 ($15.46/cubic yard) Rehbein Ag. Services $ 329,940.00 ($18.33/cubic yard) The project is financed through the Utility Enterprise Fund as a maintenance project. The unit price for this contract is $2.15/cubic yard more than we are currently paying for the hauling and disposal of the 2012 residuals project. Moelter Grain Inc. is the contractor that currently is hauling the lime residuals under a previous City contract. The Contract for hauling and disposal of lime residuals (a by-product of the lime softening process at the water treatment plant) is an optional multi-year contract. A fuel escalation clause has been incorporated into the project specifications to provide an equitable method of fairness to both the City and Contractor regarding the potential for fluctuation of fuel prices during this contract period. Attachment: • Bid Summary SUMMARY OF BIDS LIME RESIDUALS HAULING AND DISPOSAL I.C. 13-6340 Bidder 2013 2013 & 2014 2013, 2014 & 2015 Moelter Grain, Inc. $250,920.00 No Bid No Bid Huls Brothers Trucking $278,280.00 $556,560.00 $834,840.00 Rehbein Ag. Services $329940.00 $659880.00 $989820.00 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: 13-6253.1 ITEM NO.: IX.Q. Rick Wahlen Award Contracts for 2013 Public Works/UtilitiesWater Treatment Chemicals Requested Action Move to: Award contracts for Water Treatment Chemicals for 2013, as indicated in the attached recommendation of award. Synopsis Bids were opened on December 6, 2012 for the 2013 supply of Water Treatment Chemicals. Attached is a bid tabulation sheet indicating the prices received for each chemical and a table recommending each low-bidder for award of contract at the price indicated. Background Information The water treatment chemicals are essential for the production of potable water and the amounts used will be dictated by the city's water consumption. Actual quantities used will vary, depending upon the 2013 weather. Drier years result in more lawn and garden watering, requiring substantially more chemicals to treat the larger volume of water produced. The quantities of chemicals and the subsequent annual bid values are based only upon estimates of total water production. Staff recommends acceptance of low bid for each of the required chemicals. Attachments • Recommendation of Award • Bid Summary RECOMMENDATION OF AWARD EDEN PRAIRIE UTILITIES ANNUAL WATER TREATMENT CHEMICALS 13-6253.1 2013 Water Treatment Chemicals 1 Quicklime Graymont $143.00/Ton Superior,WI 1-888-638-1714 2 Liquid Ferric Chloride(35%solution) Hawkins,Inc. $1.087/Gallon Minneapolis,MN 612-331-6910 3 Liquid Chlorine(1 ton shipments) DPC Industries,Inc. $434.00/Ton Rosemount,MN 651-437-1333 4 Liquid Carbon Dioxide Poet Ethanol Products $71.00/Ton Scotland, SD 316-303-3871 1-800-550-4070 5 Sodium Polyphosphate Hawkins,Inc. $5.06/Gallon Minneapolis,MN 612-331-6910 7 Fluorosilicic Acid Hawkins,Inc. $3.37/Gallon Minneapolis,MN 612-331-6910 13-6253.1/Recommendation of Award" Bid Tab for 2013 Water Treatment Chemicals BIDDERS Quicklime Liquid Liquid Liquid Sodium Fluorosilicic Ferric Chlorine Carbon Poly- Acid Chloride 1 ton Dioxide phosphate loads Graymont *$143.00/ *Indicates Low Ton Bid Carmuse $241.46/ Ton DPC Industries *$434.00/ $5.42/ $3.398/ Ton Gallon Gallon Hawkins Chemical *$1.087/ $447.50/ *$5.06/ *$3.37/ Gallon Ton Gallon Gallon PVS Technologies $1.12/ Gallon Poet Ethanol Products *$71.00/ Ton Contiental Carbonic $99.00/ Ton EPCO Carbon Products $95.00/ Ton 13-6253.1 Award Summary 2013 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.R. Rick Wahlen Approve Release Agreement for Public Works/Utilities $43,914.07 Claim Settlement for Water Treatment Contractor Damage Requested Action Move to: Approve Release and Settlement of Claim with Rice Lake Contracting Corp. for damages to the Water Treatment Plant Controls on April 09, 2012, in the amount of$43,914.07. Synopsis This Agreement releases the contractor and it's insurance company from further claims, demands, and damages relating to an incident in April when the contractor damaged existing equipment in the water treatment plant. The City's equipment has been restored by the contractor who installed brand-new systems, making the City whole. This Agreement also releases the payment of this claim from the insurer to the contractor. Background Information In April 2012, during phase II of the City's water treatment facility process and controls upgrade project, Rice Lake Contracting accidentally drilled through electrical conduit and controls system conduit embedded in the concrete floor of the water treatment plant. Water from the core- drilling machine entered the conduit,ultimately exiting into a computer controls cabinet on the floor below. Computer controls equipment recently installed was soaked and thus damaged by the water. Rice Lake Contracting immediately took responsibility for the damage, and through the City's consulting engineer, made all necessary repairs, including the total replacement of the damaged computer controls. Rice Lake paid for these repairs and replacement equipment and satisfied their obligation to the City. The insurance company has prepared a settlement check for the damages, and staff recommends this check be endorsed to Rice Lake Contracting. All damages have been made right as determined by our consultant. Attachment • Release and Settlement of Claim Form& Cover Letter August 10, 2012 City Of Eden Prairie 14100 Technology Drive Eden Prairie, MN 55344 Re: Insured: Rice Lake Contracting Corporation Date of Loss: 04/09/2012 Claim Number: GL0010649248 CCPS Number: YNQ KLP 03431 Dear City Of Eden Prairie: In accordance with your agreement to settle your claim, enclosed please find a Release Agreement for the amount of $43,914.07, representing full and final settlement. Kindly sign the agreement in the presence of two witnesses and a notary public and return the original to me. Once I receive your signed release, I will issue the settlement check to you. Should you have any questions, please contact me at(877)625-2652 x2307428. Sincerely, Nicholas Zamirowski Claim Representative (877) 625-2652 x2307428 Writing Company: Hartford Fire Insurance Company Handling ID:EMAIL LTR17202936 NAZ HIGC-005300-GL0010649248-YNQ KLP 03431 RELEASE AND SETTLEMENT OF CLAIM Claim Number: GL0010649248 CCPS Number: YNQ KLP 03431 Insured : Rice Lake Contracting Corporation FOR THE SOLE CONSIDERATION of Forty-Three Thousand Nine Hundred Fourteen Dollars and Seven Cents $43,914.07. I/we, City Of Eden Prairie, residing at 14100 Technology Drive, Eden Prairie, MN 55344 (hereinafter "Releasors") do hereby release, acquit and forever discharge Rice Lake Contracting Corporation, Hartford Fire Insurance Company, ("The Hartford") its respective affiliates, employees, representatives, principals, agents, successors and assigns from any and all actions, causes of action, claims and demands, damages, costs, loss of services, expenses and compensation on account of or in any way arising out of any and all known and unknown personal injuries and property damage resulting or to result from an accident which occurred on or about 04/09/2012, at or near 14100 Technology Drive,. Releasors do hereby agree to indemnify and save harmless the said Insured and The Hartford from all further claims or demands, costs or expense arising out of the injuries or damage sustained by Releasors. It is further agreed that in the event other parties are responsible to Releasors for damages as a result of this accident, the execution of this Release and Settlement Agreement shall operate as a satisfaction of my/our claim against such other parties to the extent of the pro rata share of the parties herein released. It is expressly warranted by Releasors that no promise or inducement has been offered except as herein set forth; that this Release and Settlement Agreement is executed without reliance upon any statement or representation of the person or parties released, or their representatives, concerning the nature and extent of the injuries, damages and/or legal liability therefore; that acceptance of the consideration set forth herein is in full accord and satisfaction of a disputed claim for which liability is expressly denied. IN WITNESS THEREOF, I/we have signed our signatures this day of Releasor Name Address Signature Releasor Name Address Signature Witness Name Address Signature Witness Name Address Signature STATE OF ss. COUNTY OF Sworn and subscribed to before me by the above named person(s)who personally appeared before me this date of , 20_, and who acknowledged that he/she/they signed the instrument freely and voluntarily. Notary Public Writing Company: Hartford Fire Insurance Company LTR17202936 «Enter Initials of the Current Adjuster» HIGC-005300-«Enter Claim Number»-«Enter CCPS Claim Number» For your protection, Minnesota law requires the following to appear on this form: "A person who files a claim with intent to defraud or helps commit a fraud against an insurer is guilty of a crime." LTR17202936 «Enter Initials of the Current Adjuster» HIGC-005300-«Enter Claim Number»-«Enter CCPS Claim Number» CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.S. Rick Wahlen Award Contract for Electrical Computer Public Works/UtilitiesModeling, Arc Flash Hazard Report, and Electrical Training to Advanced Engineering. Requested Action Move to: Award contract for Electrical Computer Modeling, Arc Flash Hazard Report, and Electrical Training to Advanced Engineering in the amount of$47,740. Synopsis The purpose of the Agreement with Advanced Engineering is to complete an Electrical Computer Model of the water treatment facility electrical system, perform an Arc Flash Hazard Report, and Electrical Training for the staff at the water treatment facility. The Electrical Computer Model would provide us with one accurate set of electrical system blueprints. The Arc Flash Hazard Analysis and report would protect the safety of the employees by clearly defining arc flash levels on each breaker in the facility. The Electrical Training would provide our staff with proper training to ensure safety. Background Information The Water Treatment Facility has had three plant expansions since 1974. Currently, there are multiple sets of electrical blueprints that are often inaccurate. The Electrical Computer Model would provide one accurate set of blueprints for the facility. The Arc Flash Hazard Analysis and Report would clearly define the arc flash potential at each breaker in the facility,providing safety to our staff members during electrical work, or when breakers need to be reset. Breaker settings and dials would also be set properly with this project, which is to ensure the appropriate breaker will trip in the case of a major power disruption in the facility to avoid a power outage in the entire treatment facility. The Electrical Safety Training portion of the project will properly train staff on electrical safety in the facility. Staff recommends approval of the contract with Advanced Engineering. The contract has been signed by Advanced Engineering representatives and will be provided to the Mayor and City Manager for signature. Funds for this replacement contract are available in the city's 2013 water operating budget. Attachment • Contract&Description of Work to be Performed • Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 1814 day of December , 2012 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address Is 8080 Mitchell Road, Eden Prairie, MN 55344, and Advanced Engineering , a Minnesota Electrical Engineer (hereinafter "Consultant") whose business address is _6901 East Fish Lake Road, Suite 184,Water Tower Business Center, Maple Grove, MN 55369-5457_. 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 Electrical System Coordination and Arc Flash Hazard Analysis Report, Electrical System Computer Model and Electrical Safety Training 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( 3 Quotes from Advanced Engineering )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 January 9. 2013 through January 9. 2014 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 forSoivfcesr City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed$ 47.740 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. 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. City'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. 6. 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 set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. Standard Agreement for Professional Services Page 2 of 9 C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, 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 A 6. Project Manager and Staffing. The Consultant has designated Charles Haupert 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 the 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 Agreement. 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 herein. 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 ten (10) days of the Consultant's receipt of Standard Agreement for Professional Services Page 3 of 9 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 attorneys fees, incurred in bringing the action. 11. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and In no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Insurance. A. General Liability. Prior to starling the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss 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 Standard Agreement for Professional Services Page 4 of 9 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. 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. 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: Standard Agreement for Professional Services Page 5 of 9 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. AU policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and Indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider andlor 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 attomey'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 Standard Agreement for Professional Services Page 6 of 9 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. 13. 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 attomey's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred In defending any claims, unless-the City is determined to be at fault. 14. 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. 15. 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. 16. Audit Disclosure and Data Practices. 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 Standard Agreement for Professional Services Page 7 of 9 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 Agreement. 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. 17. Mediation. Each dispute, claim or controversy arising from or related to 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 one of the Voting Members 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. 18. Assignment Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 20. 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. 21. 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. 22. 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. 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 Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. Any federal regulations and applicable state statutes shall not be violated. Standard Agreement for Professional Services Page 8 of 9 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FI AE.Z 5 Its: OPERA Tian MAA4e1 GeTZ Standard Agreement for Professional Services Page 9 of 9 Nov 2,2012 Mr.Joe Dusek Water Treatment Supervisor City of Eden Prairie 14100 Technology Drive Eden Prairie, MN 55344-2230 RE: Engineering Services Proposal-Electrical System Coordination and Arc Flash Hazard Analysis Report • Eden Prairie Water Treatment Plant City of Eden Prairie,MN Dear Mr. Dusek: • Thank you for this opportunity to provide a professional services proposal for performing an • Electrical Coordination Study and Arc Flash Analysis of the Eden Prairie Water Treatment Plant. The following Information provides a general overview of our understanding of the project, and the proposed scope of services,anticipated timeline for completion,and our associated professional • • fees. Proiect Understanding • The Eden Prairie WTP has completed multiple expansion and Improvement projects over the last 40 years. Without proper electrical coordination,there may be areas of the WTP that contain • dangerous arc flash hazard levels. Plant reliability may also have been reduced due to improperly coordinated equipment. The purpose of this study is to analyze the electrical system model and recommend breaker settings and fuse rating that will coordinate and optimize fault isolation to the extent possible to promote improved electrical system performance. AE2S will also perform a Arc Flash Hazard Analysis on the system to identify potential concerns and make recommendations to improve operator safety. Scope of Services System Analysis for Arc Flash Results ■ AE2S will perform a Coordination Study,Short Circuit Analysis,and Arc Flash Analysis for the WTP. ▪ AE2S will identify breaker and fuse coordination issues using time-current curves of the specific equipment Installed. ▪ AE2S will provide system one-line diagrams(created In SKM Power Tools)within the report. Mr.Joe Dusek Water Treatment Supervisor City of Eden Prairie Page 2 of 3 ■ AE2S will identify any possible concerns In regard to coordination,and will also identify dangerous arc flash hazard category levels and provide equipment recommendations or modifications to reduce the hazard category level. ■ AE2S will provide the completed Electrical Coordination Study and Arc Flash Hazard Analysis to Owner and will address any questions. Report and Label Creation ■ AE2S will provide two(2)hard-copies of the report and an electronic copy on CD. • The report will contain the following: o An Introduction and information relating to Arc Flash,personal safety and protective equipment(PPE)and electrical safety. o An executive summary describing the findings of the Study. a Specific study results consisting of one-line diagrams,arc fault and short circuit analysis, breaker coordination curves,and arc flash hazard analysis. o Recommended system revisions where problems may be present or unsafe conditions may exist. • • o Arc flash potential or"Incident Energy"warning labels. o Sample work permits. o Electrical Utility information for each electrical service. OWNER Responsibilities OWNER will be responsible for the following: 1. Designate a contact person to act as OWNER's representative with respect to the professional services to be rendered with complete authority to transmit instructions, receive information, and interpret and define the OWNER'S policies and decisions with respect to professional engineering services. 2. Provide access to water system infrastructure as necessary to complete the scope of the Arc Flash Analysis Project. • 3. Provide AE2S with a complete updated electrical system model in SKM Power Tools. Exclusions 1. This proposal does not include any design or construction services other than those specifically listed herein. 2. This proposal does not include data collection for the individual site,or construction of the system model in SKM Power Tools. 3. This proposal does not include Owner Personnel Training on Arc Flash. Proposed Professional Fees AE2S proposes to provide the professional services consistent with the Scope of Work outlined above on an hourly basis in amount of Nineteen Thousand, One hundred and Eighty Four dollars Mr.Joe Dusek Water Treatment Supervisor City of Eden Prairie Page 3 of 3 ($19,184.00) including all items contained within the scope of services listed above. Compensation shall not exceed $19,184.00 without written authorization from the OWNER. Anticipated Protect Schedule AE2S proposes to complete of the proposed Scope of Services in accordance with the following proposed schedule: • Model Analysis and Modifications Feb 2013-March 2013 • 90%Report Review Late April 2013 • Final Completion May 2013 AGREEMENT We propose to provide the above professional engineering services in accordance with the City's Standard Agreement for Professional Services between AE2S and the City of Eden Prairie. If this proposal is acceptable to you please let us know and we will provide an Agreement for authorization to proceed. We thank you for continuing to select AE2S to work with the City of Eden Prairie. If you have any • questions or comments please feel free to call us at(763)463-5036. Sincerely, Grant Meyer, PE Operations Manager • Charles Haupert, EIT Electrical Engineer Nov 2,2012 Mr.Joe Dusek Water Treatment Supervisor City of Eden Prairie 14100 Technology Drive Eden Prairie. MN 55344-2230 RE: Engineering Services Proposal-Electrical System Computer Model Creation Eden Prairie Water Treatment Plant City of Eden Prairie,MN • Dear Mr.Dusek: Thank you for this opportunity to provide a professional services proposal for electrical system modeling of the Eden Prairie Water Treatment Plant(WTP). The following information provides a general overview of our understanding of the project and the proposed scope of services,the anticipated timeline,and associated professional fees. Protect Understanding The Eden Prairie Water Treatment Plant(WTP)has been Improved or expanded multiple times over the last 40 years. The information for these numerous projects is spread across multiple drawing sets, and may not reflect actual existing conditions.The purpose of this project is to develop a complete and up-to-date computer model of the WTP electrical system. This effort will provide Eden Prairie with accurate documentation of the entire WTP electrical system. This system model will allow Improved troubleshooting capabilities, Increased reliability,increased safety,and may be used for asset management. Scope of Services Coordination with t e Owner and Electrical Contractor ■ AE2S will work with the City of Eden Prairie(Owner)to get drawings,electrical equipment information,etc. as required to assure the data collected as accurately as possible. • AE2S will meet with the Owner's separate Electrical Contractor to go over the AE2S data collection forms and the existing Eden Prairie WTP One-Line Diagrams. AE2S will develop a systematic information collection approach with the Owner's separate Electrical Contractor to collect all'as built'data within the WTP. • AE2S will provide data collection sheets,and will work with the separate Owner- designated Electrical Contractor to obtain exact installed equipment information, settings, cable sizes,transformer sizes,cable lengths,etc.This information will be used to develop the electrical system computer model. The costs for the Owner's separate Electrical Contractor services are not included in this proposal. Electrical contractor services will be provided separately by the Owner... Mr.Joe Dusek Water Treatment Supervisor City of Eden Prairie Page 2 of 3 System Model Cre-tior4 • AE2S will develop the electrical system model utilizing SKM Power Tools software. From the developed model,AE2S Will create several system One-Line Diagrams(Quantity to be determined based on the amount of information collected)with Cable!Transformer/ Motor/Breaker l and electrical equipment information listed on the one-line diagrams. • AE2S will provide the data collected in an Excel Spreadsheet for use by the Owner. • • AE2S will prepare and issue a preliminary draft of the one-line diagrams to the Owner and • will meet with the Owner to review and incorporate any comments or revisions that may be • required. Site Visit and Data Collection • AE2S will provide an initial visit to the site to meet with the Owner's Electrical Contractor to discuss data collection methods. • AE2S will visit the site after the initial visit to collect data or assist the Electrical Contractor • when required. Report • AE2S will provide two(2)hard-copies and an electronic copy of the report. • The report will contain the following: • o Electrical Contractor's collected data. o Overall One-Line Diagrams with specific equipment information listed. o Information tables on all system equipment. o Recommendations for Equipment replacement due to equipment age/condition. OWNER Responsibilities OWNER will be responsible for the following: 1. Designate a contact person to act as OWNER's representative with respect to the professional services to be rendered with complete authority to transmit instructions, receive information, and interpret and define the OWNER'S policies and decisions with • respect to professional engineering services. 2. Provide access to water system infrastructure as necessary to complete the scope of the Project. 3. Provide copies of existing WTP documents and shop drawings(as are available)to AE2S for use during the project. This includes electrical equipment,motor data,and cable data. 4. Provide the services of an Electrical Contractor that will work directly with AE2S in gathering the data required in the field for the Arc Flash Hazard Analysis. AE2S Will provide the Electrical Contractor with data collection forms for the required information to be collected,and will direct the Electrical Contractor in obtaining the required Information. 5. Bear all costs associated with the separate Electrical Contractor. Mr.Joe Dusek Water Treatment Supervisor City of Eden Prairie Page 3 of 3 Exclusions 1. This proposal does not include any design or construction services other than those specifically listed herein. 2. This proposal does not Include data collection for the individual site, or the hiring of an Electrical Contractor to complete the sites data gathering effort. It Is the understanding of AE2S that the Owner will provide an Electrical Contractor to assist with the data collection, and the Owner will pay the Electrical Contractor costs separately. • 3. This proposal does not include Owner Personnel Training. Proposed Professional Fees AE2S proposes to provide the professional services consistent with the Scope of Work outlined • above on an estimated hourly basis, in amount of nineteen thousand,seven hundred and twenty four dollars ($19,724.00) Including all Items contained within the scope of services listed above. Hourly compensation shall not exceed $19,724.00 without written authorization from the OWNER. Anticipated Proiect Schedule AE2S proposes to complete of the proposed Scope of Services in accordance with the following proposed schedule: ■ Data Collection Nov 2012-Jan 2013 ■ Model Creation Feb 2013-March 2013 ■ 90%Report Review Late March 2013 • Final Completion April 2013 AGREEMENT We propose to provide the above professional engineering services in accordance with the City's Standard Agreement for Professional Services between AE2S and the City of Eden Prairie. If this proposal is acceptable to you please let us know and we will provide an Agreement for authorization to proceed. We thank you for continuing to select AE2S to work with the City of Eden Prairie. If you have any questions or comments please feel free to call us at(763)463-5036. Sincerely, AE2S Z. Grant Meyer, PE Charles Haupert,EIT Operations Manager Electrical Engineer Nov 2,2012 Mr.Joe Dusek Water Treatment Supervisor City of Eden Prairie 14100 Technology Drive Eden Prairie, MN 55344-2230 RE: Engineering Services Proposal•Electrical Safety Training Eden Prairie Water Treatment Plant City of Eden Prairie,MN Dear Mr.Dusek: Thank you for this opportunity to provide a professional services proposal for Electrical Safety Training at the Eden Prairie Water Treatment Plant(WTP). The following letter provides a general overview of our understanding and the proposed scope of services,anticipated timeline, and estimate of associated professional fees. Protect Understanding AE2S will provide a technical and educational presentation on Electrical Safety to Owner Personnel. Safety discussion items will include:Arc Flash, Overcurrent Protection,Appropriate Personal Safety and Protective Equipment(PPE),Arc Flash Boundary Categories,incident Energy Category Levels, NFPA 70E(Electrical Safety in the Workplace),and understanding the data presented on Arc Flash Labels. Scope of Services Presentation ▪ AE2S will develop a power-point presentation applicable to the Eden Prairie WTP Overcurrent Protection Electrical Arc Flash Study. ■ AE2S will have two(2)representatives perform the presentation on Electrical Safety. Training will take place during two(2)different training sessions estimated at 2-3 hours per session. ■ AE2S will address employee questions and concerns about PPE,Arc Flash, and NFPA 70E. OWNER Responsibilities OWNER will be responsible for the following: 1. Designate a contact person to act as OWNER's representative with respect to the professional services to be rendered with complete authority to transmit instructions, receive information, and interpret and define the OWNER'S policies and decisions with • respect to professional engineering services. 2. Providing completed system Arc Flash Hazard Analysis results to AE2S for use in preparing the training session. Exclusions 1. This proposal does not include any design or construction services other than those specifically listed herein. 2. This proposal does not include any Arc Flash or System Analysis. Proposed Professional Fees AE2S proposes to provide the professional services consistent with the Scope of Work outlined above on an estimated hourly basis in amount of Eight thousand, Eight hundred and Thirty Two Dollars ($8,832.00) including all items contained within the scope of services listed above. Compensation shall not exceed$8,832.00 without written authorization from the OWNER. Anticipated Project Schedule AE2S proposes to complete of the proposed Scope of Services in accordance with the following proposed schedule: ■ Presentation-May 2013 AGREEMENT We propose to provide the above professional engineering services in accordance with the City's Standard Agreement for Professional Services between AE2S and the City of Eden Prairie. If this proposal is acceptable to you please let us know and we will provide an Agreement for authorization to proceed. We thank you for continuing to select AE2S to work with the City of Eden Prairie. If you have any questions or comments please feel free to call us at(763)463-5036. Sincerely, Meyer, Operations Manager 7 Charles Haupert,EIT Electrical Engineer CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI. 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 223021 —223559 Wire Transfers 1002188 - 1002368 Wire Transfers 4613 —4633 City of Eden Prairie Council Check Summary 1/8/2013 Division Amount Division Amount General 145,461 315 Economic Development 1,336,022 100 City Manager 3,255 502 Park Development 1,224 101 Legislative 1,540 509 CIP Fund 55,822 102 Legal Counsel 10,745 512 CIP Trails 124,414 110 City Clerk 8,500 513 CIP Pavement Management 27,522 111 Customer Service 7,899 521 Trails Referendum 2,777 112 Human Resources 631 522 Improvement Projects 2006 40,542 113 Communications 4,060 528 Shady Oak Rd-CR 61 North 39,174 114 Benefits&Training 3,769 529 Shady Oak Rd-CR 61 South 50,000 130 Assessing 517 Total Capital Project Funds 1,677,497 131 Finance 1,912 132 Housing and Community Services 437 601 Prairie Village Liquor 249,865 133 Planning -2,011 602 Den Road Liquor 375,789 136 Public Safety Communications 19,500 603 Prairie View Liquor 244,925 137 Economic Development 1,076 605 Den Road Building 1,029 138 Community Development Admin. 126 701 Water Fund 655,769 150 Park Administration 8,004 702 Sewer Fund 126,009 151 Park Maintenance 37,708 703 Storm Drainage Fund 60,390 152 Parks Capital Outlay 11,420 Total Enterprise Funds 1,713,774 154 Community Center 34,570 156 Youth Programs 21,577 316 WAFTA 123 158 Senior Center 5,768 803 Escrow Fund 36,590 159 Recreation Administration 13,202 806 SAC Agency Fund 33,110 160 Therapeutic Recreation 139 807 Benefits Fund 865,295 161 Oak Point Pool 36 811 Property Insurance 31 162 Arts 739 812 Fleet Internal Service 94,404 163 Outdoor Center 437 813 IT Internal Service 47,616 166 CC-Therapeutic Recreation 46 814 Facilities Capital ISF 5,301 167 CC-Youth Programs 10,887 815 Facilities Operating ISF 28,610 168 Arts Center 1,095 816 Facilities City Center ISF 59,909 169 SC-Therapeutic Recreation 55 817 Facilities Comm.Center ISF 71,408 180 Police 24,392 Total Internal Services Funds 1,242,396 183 Emergency Preparedness 8,736 184 Fire 16,300 Report Totals 6,606,863 186 Inspections 31 200 Engineering 80 201 Street Maintenance 48,228 202 Street Lighting 71,922 Total General Funds 522,788 300 Heritage Preservation Grants 130 301 CDBG 63,617 303 Cemetery Operation 366 308 E-911 944 309 DWI Forfeiture 50 314 Liquor Compliance 2,320 Total Special Revenue Funds 67,427 427 2005 G.O.IMPR BONDS 268,620 428 G.O.Improv.Revolving 2005B 155,049 434 2008A Capital Equipment Notes 36,884 435 2008B G.O.Improvement Bonds 461,880 436 2009C G.O.CIP Refunding Bonds 291,513 437 G.O.Perm.Improv.2010A 83,318 438 G.O.Bonds(SCBA)2011B 85,719 Total Debt Service Funds 1,382,981 City of Eden Prairie Council Check Register 1/8/2013 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 4615 1,864,375 WELLS FARGO BANK MINNESOTA NA Bonds Payable Sewer Fund Bond Payment 223177 549,229 GENERAL GROWTH PROPERTIES INC TIF Payment Project Fund 2nd Half TIF 1002248 243,750 EP CONSOLIDATED PROPERTIES LLC TIF Payment Project Fund 2nd Half TIF 4629 218,002 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld 4619 202,115 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld 4632 140,877 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 4622 135,956 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 223292 135,014 WINDSOR PLAZA LLC TIF Payment Project Fund 2nd Half TIF 4614 133,874 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 4625 124,583 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund Sales&Use Tax 223274 116,559 TE MILLER DEVELOPMENT LLC TIF Payment Project Fund 2nd Half TIF 223370 116,292 MIDWEST ASPHALT CORPORATION Improvement Contracts CIP Trails Trails Improvements 223169 113,307 DOMINIUM TIF Payment Project Fund 2nd Half TIF 223275 101,138 TEALWOOD CARE CENTER TIF Payment Project Fund 2nd Half TIF 223427 100,925 XCEL ENERGY Electric Traffic Signals Monthly Utility 223559 89,076 XCEL ENERGY Electric Public Safety Communications 223202 66,410 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 223479 61,716 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 223449 50,000 DEPARTMENT OF TRANSPORTATION Other Contracted Services Shady Oak Rd-CR 61 South 223055 45,310 FINLEY BROS INC Equipment Repair&Maint Capital Maint.&Reinvestment 223533 42,849 SM HENTGES&SONS INC Improvement Contracts Sewer Capital 1002355 40,438 NORTHWEST ASPHALT Improvement Contracts Improvement Projects 2006 223280 39,598 UNITED PROPERTIES TIF Payment Project Fund 223075 33,376 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 223410 33,251 TRUCK UTILITIES MFG CO Machinery&Equipment Utility Operations-General 223215 32,779 METROPOLITAN COUNCIL Mechanical Surcharge SAC Agency Fund 223133 31,556 SKYHAWKS SPORTS ACADEMY INC Instructor Service Camps 4617 30,817 US BANK Deposits Escrow 223221 29,256 MINNESOTA DEPT OF HEALTH Licenses,Permits,Taxes Water Testing 223295 27,347 WIRTZ BEVERAGE MINNESOTA Wine Domestic Prairie View Liquor Store 223346 26,463 HIGHWAY SAFETY ZONE Machinery&Equipment Snow&Ice Control 4631 26,425 ING Deferred Compensation General Fund 223355 26,315 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 223426 25,679 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 223557 25,658 WIRTZ BEVERAGE MINNESOTA Liquor Den Road Liquor Store 223508 25,634 NELSON AUTO CENTER,INC Autos Police 223259 25,537 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie View Liquor Store 1002323 24,794 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 223534 24,738 SOUTHERN WINE&SPIRITS OF MN Wine Imported Den Road Liquor Store 1002317 24,292 THORPE DISTRIBUTING Beer Prairie View Liquor Store 4620 24,057 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1002334 23,652 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant 1002260 23,332 LOGIS LOGIS Sewer Accounting 1002230 23,282 SRF CONSULTING GROUP INC Design&Engineering Shady Oak Rd-CR 61 North 223500 22,728 MINNESOTA DIRT WORKS INC Infrastructure-20 yr life General Fixed Asset Account Gr 223121 22,305 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 223398 21,991 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 4621 21,734 ING Deferred Compensation General Fund 1002247 20,207 DIVERSE BUILDING MAINTENANCE Janitor Service Senior Center 1002233 19,984 THORPE DISTRIBUTING Wine Domestic Prairie View Liquor Store 1002343 19,159 GREGERSON ROSOW JOHNSON&NILA Legal Shady Oak Rd-CR 61 North 223425 19,038 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 223517 18,962 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 223391 18,440 QUALITY HEATING AND AIR SERVIC Other Contracted Services Rehab 4630 18,108 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 223120 17,098 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 1002199 16,837 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant 223520 16,604 PRAIRIE PARTNERS SIX LLP Prepaid Expenses Prairie Village Liquor Store 223066 15,915 HANSEN THORP PELLINEN OLSON Improvement Contracts Water Capital 223477 15,361 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 223106 14,897 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie View Liquor Store 1002335 14,403 DAY DISTRIBUTING Beer Prairie Village Liquor Store 223361 14,176 LAKE RESTORATION INC Other Contracted Services Storm Drainage 223255 14,077 SHELTER CORPORATION TIF Payment Project Fund 1002353 13,950 MOODY'S INVESTORS SERVICE Bond Issue Costs Shady Oak Rd-CR 61 North 223242 13,794 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 223096 13,620 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 223211 13,570 MAGNEY CONSTRUCTION INC Other Contracted Services Water Capital 4627 12,885 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 223434 12,661 AMES,BEVERLY Insurance Claims Sewer Utility-General 1002202 12,335 DAY DISTRIBUTING Beer Prairie View Liquor Store 1002288 12,275 DAY DISTRIBUTING Misc Taxable Prairie View Liquor Store 223485 12,000 LANDMARK REMODELING LLC Other Contracted Services Rehab 223074 11,709 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 223201 11,540 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store 1002270 11,539 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 223257 11,420 SIGNSOURCE Signs Capital Outlay Parks 223194 11,303 HOUSE OF PRINT Printing Community Brochure 223193 11,214 HORNIG PROPERTIES TIF Payment Project Fund 1002246 11,125 DAY DISTRIBUTING Beer Prairie View Liquor Store 223296 11,104 WIRTZ BEVERAGE MINNESOTA BEER Beer Den Road Liquor Store 1002237 10,658 WALL TRENDS INC Equipment Repair&Maint Water Treatment Plant 223558 10,607 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 223342 10,340 HALDEMANN HOMME INC Capital Under$25,000 Fitness Center 1002341 10,034 G&K SERVICES Clothing&Uniforms Facilities Staff 223217 10,000 MIDLAND GLASS CO Other Contracted Services Rehab 223488 9,654 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits 223136 9,584 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits 1002363 9,534 THORPE DISTRIBUTING Beer Den Road Liquor Store 223418 8,981 VTI Equipment Repair&Maint Public Safety Communications 223334 8,771 FIRE SAFETY USA INC Machinery&Equipment Fire 223228 8,679 NOKOMIS SHOE SHOP Clothing&Uniforms Facilities Staff 223273 8,637 SYMPRO INC Software Maintenance IT Operating 223331 8,535 EMBEDDED SYSTEMS INC Other Contracted Services Emergency Preparedness 223386 8,163 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 223329 8,085 EARL F ANDERSEN INC Signs Park Maintenance 223187 8,004 HAMMEL,GREEN AND ABRAHAMSON Design&Engineering Planning&Development 1002322 7,738 WSB&ASSOCIATES INC Improvements to Land Capital Impr/Maint Fixed Check# Amount Vendor/Explanation Account Description Business Unit Explanation 223028 7,317 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 223079 7,196 LAWN RANGER,INC,THE Other Contracted Services Storm Drainage 223353 7,193 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 223539 6,998 STONEFIELD HOMES INC Other Contracted Services Rehab 223505 6,934 MOBILE RADIO ENGINEERING INC Other Assets Public Safety Communications 1002201 6,718 DAKOTA SUPPLY GROUP INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 1002212 6,666 HAWKINS INC Treatment Chemicals Water Treatment Plant 223064 6,601 GRAYMONT Treatment Chemicals Water Treatment Plant 223535 6,001 SPRINGSTED INCORPORATED Other Contracted Services Project Fund 223401 5,779 SPRINGSTED INCORPORATED Other Contracted Services Project Fund 223294 5,628 WINE MERCHANTS INC Transportation Prairie Village Liquor Store 1002267 5,600 NEW WORLD SYSTEMS Other Assets CIP-Bonds 223549 5,476 VALLEY RICH CO INC Equipment Repair&Maint Water System Maintenance 223113 5,457 TECH SALES CO Process Control Equipment Water Treatment Plant 223069 5,377 HOHENSTEINS INC Beer Prairie View Liquor Store 223269 5,350 STONEFIELD HOMES INC Other Contracted Services Rehab 1002197 5,344 CDW GOVERNMENT INC. Supplies-Electrical City Center Operations 1002359 5,301 RESTORATION SYSTEMS INC Other Contracted Services Facilities Capital 223315 5,239 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Sfty City Hall-CAM 223556 5,234 WINE MERCHANTS INC Transportation Prairie View Liquor Store 223509 5,190 NOKOMIS SHOE SHOP Clothing&Uniforms Utility Operations-General 223038 5,142 CNA CONSULTING ENGINEERS Design&Engineering Storm Drainage 223053 5,014 ELECTION SYSTEMS&SOFTWARE IN Equipment Repair&Maint Elections 1002215 4,953 JASPER ENGINEERING&EQUIPMENT Equipment Repair&Maint Water Treatment Plant 1002345 4,773 INTERSTATE POWER SYSTEMS INC Maintenance Contracts Water Wells 223468 4,748 HENNEPIN COUNTY ACCOUNTS RECEI Board of Prisoner Police 223516 4,639 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 223256 4,354 SHORT ELLIOTT HENDRICKSON INC Improvement Contracts Improvement Projects 2006 223302 4,331 AMERICAN TEST CENTER INC Equipment Testing/Cert. Fire 223108 4,325 STONEBROOKE Autos Fire 223124 4,315 XCEL ENERGY Electric Prairie Village Liquor Store 223472 4,193 HENNEPIN COUNTY TREASURER Prepaid Expenses General Fund 1002278 4,065 ASPEN WASTE SYSTEMS INC. Waste Disposal Senior Center 223125 4,065 ABM JANITORIALSERVICES-NORTH C Janitor Service Utility Operations-General 1002320 3,990 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM 1002193 3,927 BELLBOY CORPORATION Transportation Prairie View Liquor Store 1002283 3,885 BRAUN INTERTEC CORPORATION Testing-Soil Boring CIP Pavement Management 223415 3,851 US POSTMASTER Postage Communications 223385 3,835 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 1002241 3,700 BELLBOY CORPORATION Misc Taxable Prairie View Liquor Store 223309 3,641 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 1002235 3,635 VAN PAPER COMPANY Operating Supplies Den Road Liquor Store 1002280 3,623 BELLBOY CORPORATION Transportation Prairie View Liquor Store 1002337 3,615 ELECTRIC PUMP Equipment Repair&Maint Sewer Liftstation 223249 3,456 RUTLEDGE CONSTRUCTION CO Building Repair&Maint. Water Treatment Plant 1002243 3,456 CENTERPOINT ENERGY Gas Water Treatment Plant 223288 3,424 WHEELER HARDWARE COMPANY Contract Svcs-General Bldg Outdoor Center Facilities 223239 3,393 PAUSTIS&SONS COMPANY Transportation Prairie Village Liquor Store 223466 3,373 GRAYMONT Treatment Chemicals Water Treatment Plant 223111 3,370 SURLY BREWING CO Beer Prairie View Liquor Store 1002225 3,355 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Traffic Signals Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1002309 3,345 POMP'S TIRE SERVICE INC Tires Fleet Operating 223474 3,333 IND SCHOOL DISTRICT#272 Refunds CDBG-Public Service 223070 3,319 IMPACT PROVEN SOLUTIONS Other Contracted Services Sewer Accounting 223340 3,314 GRAYMONT Treatment Chemicals Water Treatment Plant 223184 3,298 GRAYMONT Treatment Chemicals Water Treatment Plant 223478 3,278 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 223198 3,270 INDUSTRIAL DOOR COMPANY INC Other Contracted Services Rehab 1002244 3,115 CENTURYLINK Telephone IT Telephone 223555 3,097 WINE COMPANY,THE Transportation Prairie View Liquor Store 223413 3,062 UNITED HEALTH GROUP Deposits Escrow 223244 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage Customer Service 1002330 2,950 BELLBOY CORPORATION Transportation Den Road Liquor Store 223168 2,915 DIRTWORKS INC Equipment Repair&Maint Water System Maintenance 1002263 2,900 METRO SALES INCORPORATED* Other Rentals Customer Service 223317 2,869 BRYAN ROCK PRODUCTS INC Gravel Storm Drainage 1002289 2,813 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire 223550 2,800 VERIZON WIRELESS Wireless Subscription IT Operating 223348 2,756 HOHENSTEINS INC Beer Prairie View Liquor Store 223137 2,750 ADVANCED IRRIGATION INC Improvements to Land Trails Referendum 223523 2,645 READY WATT ELECTRIC Other Contracted Services Street Maintenance 1002351 2,597 METROPOLITAN MECHANICAL CONTRA Other Contracted Services Rehab 223487 2,500 LHB INC Miscellaneous Administration 223030 2,498 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 223246 2,467 REPUBLIC SERVICES Deposits Escrow 1002285 2,463 CERIDIAN Ceridian IT Operating 223098 2,460 PROGRESSIVE CONSULTING ENGINEE Other Contracted Services Water Treatment Plant 223330 2,454 EDENDALE RESIDENCE INC Deposits Escrow 223495 2,442 MCF-LINO LAKES Other Contracted Services Street Maintenance 223293 2,339 WINE COMPANY,THE Transportation Prairie Village Liquor Store 223459 2,332 FENDLER PATTERSON Deposits Escrow 1002255 2,284 HACH COMPANY Laboratory Chemicals Water Treatment Plant 1002249 2,271 ESRI Software Maintenance IT Operating 223119 2,259 WINE MERCHANTS INC Transportation Prairie View Liquor Store 223375 2,236 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 223095 2,208 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 223498 2,190 MIDWEST COCA COLA BOTTLING COM Merchandise for Resale Concessions 223506 2,137 MPX GROUP,THE Printing Senior Center Admin 223467 2,105 GREEN TOUCH SYSTEMS Roads-Dust Control Gravel Roads Dust Control 223308 2,078 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 223445 2,073 CRETEX CONCRETE PRODUCTS MIDWE Equipment Parts Storm Drainage 223406 2,057 SURLY BREWING CO Beer Prairie View Liquor Store 223281 2,005 UNITED PROPERTIES INVESTMENT L Deposits Escrow 223541 1,974 SURLY BREWING CO Beer Den Road Liquor Store 223072 1,963 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 223371 1,953 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 223220 1,950 MINNESOTA DEPARTMENT OF HEALTH Licenses&Taxes Water Treatment Plant 4623 1,922 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 1002295 1,919 GENUINE PARTS COMPANY Equipment Repair&Maint Park Maintenance 1002257 1,913 ITRON INC. Office Supplies Utility Operations-General 1002203 1,898 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 223236 1,888 PAPCO INC Cleaning Supplies Fitness/Conference-Cmty Ctr Check# Amount Vendor/Explanation Account Description Business Unit Explanation 223411 1,858 TRUSIGHT Other Contracted Services Organizational Services 223419 1,797 WATSON CO INC,THE Merchandise for Resale Concessions 223528 1,794 SCHUSSLER,STEVE Deposits Escrow 223423 1,784 WINE MERCHANTS INC Transportation Prairie View Liquor Store 223191 1,750 HILDI INC Audit&Financial Finance 223465 1,720 GRAPE BEGINNINGS Transportation Prairie View Liquor Store 223439 1,717 BERRY COFFEE COMPANY Merchandise for Resale Concessions 223428 1,698 RICHFIELD,CITY OF Autos Police 223313 1,675 BOMA MINNEAPOLIS Dues&Subscriptions Facilities Staff 223059 1,668 FLAIR FOUNTAINS 02 Equipment Repair&Maint Purgatory Creek Park 1002214 1,616 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 223358 1,607 KEEPERS Clothing&Uniforms Police 223429 1,600 UNIVERSITY OF MINNESOTA Prepaid Expenses General Fund 1002324 1,550 ZIEGLER INC Tires Fleet Operating 223403 1,538 STAPLES ADVANTAGE Office Supplies Police 223189 1,525 HEIKES FARMS INC Other Contracted Services Capital Impr./Maint.Fund 223043 1,467 COMMERCIAL DOOR SYSTEMS INC Equipment Repair&Maint Water Treatment Plant 1002365 1,462 VINOCOPIA Transportation Prairie View Liquor Store 223229 1,448 NORTHLAND SYSTEMS INC Other Contracted Services IT Operating 223551 1,410 VIERE GRANITE CARVING INC Other Contracted Services Purgatory Creek Park 223122 1,395 WORK CONNECTION,THE Other Contracted Services Park Maintenance 1002321 1,376 VINOCOPIA Transportation Prairie View Liquor Store 223416 1,372 USA MOBILITY WIRELESS INC Pager&Cell Phone IT Operating 223065 1,360 GYM WORKS Equipment Repair&Maint Fitness Center 1002273 1,338 VINOCOPIA Transportation Prairie Village Liquor Store 1002298 1,320 JASPER ENGINEERING&EQUIPMENT Equipment Repair&Maint Water Treatment Plant 1002308 1,316 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications 223141 1,304 ANDERBERG INNOVATIVE PRINT SOL Printing Police 223118 1,302 WINE COMPANY,THE Transportation Prairie View Liquor Store 223405 1,295 STORMWIND LLC Conference Expense IT Operating 1002287 1,291 DAKOTA SUPPLY GROUP INC Equipment Repair&Maint Water Wells 1002204 1,291 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 223368 1,279 METRO FIRE Protective Clothing Fire 223463 1,265 GE CAPITAL Other Rentals IT Operating 223272 1,263 SURLY BREWING CO Beer Prairie Village Liquor Store 1002196 1,262 C&H DISTRIBUTORS LLC Office Supplies Fire 223362 1,261 LANO EQUIPMENT INC Equipment Repair&Maint Storm Drainage 223352 1,238 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 223199 1,215 INNOVATIVE GRAPHICS Operating Supplies Police 223162 1,184 CRETEX CONCRETE PRODUCTS MIDWE Equipment Parts Storm Drainage 223547 1,170 UNIVERSITY OF MINNESOTA Prepaid Expenses General Fund 223471 1,164 HENNEPIN COUNTY ELECTIONS Postage Elections 1002342 1,153 GRAINGER Safety Supplies Fleet Operating 1002344 1,105 HEFFERAN,CINDI Operating Supplies Fit Kids Club 1002290 1,103 ESS BROTHERS&SONS INC Equipment Parts Storm Drainage 223394 1,094 RIGHTWAY GLASS INC Equipment Parts Fleet Operating 223266 1,082 STEVE LUCAS PHOTOGRAPHY Operating Supplies Reserves 223062 1,062 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 223351 1,054 JAG FITNESS SERVICES LLC Equipment Repair&Maint Fitness Center 4618 1,034 CERIDIAN Garnishment Withheld General Fund 223183 1,024 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 223135 1,021 PETTY CASH 223078 1,017 KEEPERS Clothing&Uniforms Police 223382 1,016 NORTHERN AIR CORPORATION Contract Svcs-Plumbing Fire Station#1 223455 1,013 EDINA,CITY OF Other Contracted Services Communications 223092 1,010 NORTHERN AIR CORPORATION Contract Svcs-HVAC Fitness/Conference-Cmty Ctr 223241 1,000 PETTY CASH-POLICE DEPT Miscellaneous Liquor Compliance 223299 1,000 PETTY CASH-POLICE DEPT Miscellaneous Liquor Compliance 223307 1,000 BADGER STATE INSPECTION LLC Deposits Escrow 1002349 999 METRO SALES INCORPORATED* Other Rentals IT Operating 223436 999 BARR ENGINEERING COMPANY Design&Engineering Storm Drainage 223110 996 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 4628 984 CERIDIAN Garnishment Withheld General Fund 223323 977 CHISAGO LAKES DISTRIBUTING Beer Den Road Liquor Store 223453 972 DOMACE VINO Transportation Prairie Village Liquor Store 223188 937 HD SUPPLY WATERWORKS LTD Equipment Parts Storm Drainage 223441 932 BOURGET IMPORTS Transportation Prairie View Liquor Store 1002222 915 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 223470 900 HENNEPIN COUNTY ELECTIONS Operating Supplies Elections 223212 900 MEDICINE LAKE TOURS Special Event Fees Trips 1002240 900 ANCHOR PAPER COMPANY Office Supplies Police 223493 893 MASTER CRAFT LABELS INC Operating Supplies Community Center Admin 223084 880 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie View Liquor Store 223032 878 BERNICK'S WINE Beer Prairie View Liquor Store 223208 868 LANO EQUIPMENT INC Equipment Parts Fleet Operating 223148 862 BIFFS INC Waste Disposal Park Maintenance 223219 861 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store 223440 844 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 223157 840 CENTURYLINK Process Control Services Water Treatment Plant 223182 833 GRANICUS INC Software Maintenance IT Operating 223326 826 COSTCO Printing Airport 223310 810 BERNICK'S WINE Beer Prairie View Liquor Store 223543 794 TEAM LABORATORY CHEMICAL CORPO Repair&Maint.Supplies Sewer Liftstation 1002236 793 VINOCOPIA Transportation Den Road Liquor Store 1002208 790 FORCE AMERICA Equipment Parts Fleet Operating 223109 789 STRAND MANUFACTURING CO INC Equipment Repair&Maint Water Treatment Plant 223422 779 WINE COMPANY,THE Wine Domestic Prairie View Liquor Store 223022 750 ABSOLUTE RAIN INC. Contract Svcs-Lawn Maint. Fire Station#1 1002292 738 FASTSIGNS Operating Supplies Concessions 1002357 734 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Water Treatment Plant 1002336 733 DE LAGE LANDEN FINANCIAL SERVI Other Rentals IT Operating 223243 726 PIONEER TR HOME OWNER ASSOC AR Utility Water Enterprise Fund 223337 722 G.F.JEDLICKI INC Deposits Escrow 1002305 720 NORTHWEST ASPHALT Deposits Escrow 223035 709 BLOOMINGTON,CITY OF Kennel Services Animal Control 1002254 707 GRAINGER Repair&Maint-Ice Rink Ice Arena Maintenance 223045 706 COMTECH COMMUNICATIONS INC Capital Under$25,000 Public Safety Communications 1002326 703 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Fitness/Conference-Cmty Ctr 223446 695 DAVANNI'S PIZZA Merchandise for Resale Concessions 1002316 694 STREICHERS Clothing&Uniforms Police 1002346 689 KIDCREATE STUDIO Instructor Service Arts Center 223350 683 IND SCHOOL DIST 272 Printing Recreation Admin Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1002347 679 KUSTOM SIGNALS INC Equipment Repair&Maint Police 223178 678 GENERAL REPAIR SERVICE Equipment Repair&Maint Water Treatment Plant 223325 668 COMMERCIAL DOOR SYSTEMS INC Building Repair&Maint. Water Treatment Plant 1002269 665 STREICHERS Clothing&Uniforms Police 223279 665 TRUSIGHT Prepaid Expenses General Fund 223117 664 WATSON CO INC,THE Merchandise for Resale Concessions 223209 660 LARSON,ELINOR Other Contracted Services Rehab 1002268 651 PRAIRIE ELECTRIC COMPANY Contract Svcs-Elect Fire Station#4 223192 644 HOHENSTEINS INC Beer Den Road Liquor Store 223507 643 NAIOP Prepaid Expenses General Fund 223145 642 BERRY COFFEE COMPANY Merchandise for Resale Concessions 223486 639 LAWN RANGER,INC,THE Contract Svcs-Snow Removal Fire Station#1 223049 634 DESIGN DESIGN Transportation Den Road Liquor Store 223443 632 CLAREY'S SAFETY EQUIPMENT Office Supplies Customer Service 1002325 631 A TO Z RENTAL CENTER Operating Supplies Street Maintenance 1002296 628 GRAINGER Equipment Parts Fleet Operating 223091 627 NORTH COUNTRY WOODSHOP Instructor Service Senior Center Programs 1002329 624 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 223545 623 UNIFORMS UNLIMITED Clothing&Uniforms Police 1002190 618 AMARA WINES LLC Transportation Prairie View Liquor Store 223527 616 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance 223393 605 RICHFIELD PLUMBING CO Other Contracted Services Rehab 223158 600 CENTURYLINK Maintenance Contracts E-911 Program 223172 600 FALK&ASSOCIATES Conference Expense IT Operating 223250 600 SANTANA,JOHAN AR Utility Water Enterprise Fund 223088 600 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 223103 575 SEASONAL SERVICES ON LAKE MINN Other Contracted Services Park Maintenance 223414 574 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire 223489 572 LIFT BRIDGE BREWERY Beer Prairie View Liquor Store 1002224 566 PETERSON BROS ROOFING AND CONS Contract Svcs-Roof Fire Station#1 223149 558 BLACK HILLS ANNUNITION INC Training Supplies Police 4626 557 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 223374 555 MINNESOTA UI FUND Unemployment Compensation Organizational Services 223345 549 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications 223482 547 KEEPERS Clothing&Uniforms Police 223544 543 THE OASIS GROUP Employee Assistance Organizational Services 223058 542 FLAHERTYS HAPPY TYME COMPANY Misc Taxable Prairie View Liquor Store 1002210 540 GOVDELIVERY Software Maintenance IT Operating 1002299 540 JEFFERSON FIRE&SAFETY INC Operating Supplies Fire 223204 539 KEEPERS Clothing&Uniforms Fire 223179 535 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 1002339 534 FASTENAL COMPANY Equipment Parts Fleet Operating 223286 512 WATER SPECIALTY OF MN INC Merchandise for Resale Concessions 223287 512 WATSON CO INC,THE Merchandise for Resale Concessions 1002306 507 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 223083 505 MICRO CENTER A/R Other Hardware IT Operating 223268 494 STONEBROOKE Autos Fire 223553 492 WATER CONSERVATION SERVICES IN Other Contracted Services Water System Maintenance 223492 490 MAECK,TOM Other Contracted Services Community Band 1002274 485 W P&R S MARS CO Equipment Parts Fleet Operating 223061 483 GARDEN ROOM FRATELLI'S GARDEN Special Event Fees Senior Center Programs Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1002221 463 METRO SALES INCORPORATED* Other Rentals IT Operating 223432 460 AMERICAN BOTTLING COMPANY,THE Misc Taxable Prairie View Liquor Store 223213 457 MENARDS Supplies-General Bldg Park Shelters 223283 453 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 223264 453 STAPLES ADVANTAGE Supplies-General Building City Center Operations 223033 453 BERRY COFFEE COMPANY Merchandise for Resale Concessions 223285 450 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 1002350 445 METROPOLITAN FORD Equipment Parts Fleet Operating 1002362 442 TEE JAY NORTH INC Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 1002219 440 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM 223131 428 LOAD'EM UP TRAILERS RENTAL AND Other Rentals Elections 1002189 428 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Historical Buildings 223174 427 FREITAS,EDUARDO AR Utility Water Enterprise Fund 1002313 421 REINDERS INC Operating Supplies Park Maintenance 223226 417 NEW AMERICAN ACADEMY Other Contracted Services Housing and Community Service 223473 415 HOHENSTEINS INC Beer Den Road Liquor Store 1002297 414 GREATAMERICA FINANCIAL SVCS Postage Customer Service 1002361 412 STREICHERS Protective Clothing Police 223099 409 PROP United Way Withheld General Fund 223234 408 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Fleet Operating 223504 407 MINNESOTA WANNER COMPANY Operating Supplies Street Maintenance 1002206 402 FASTENAL COMPANY Equipment Parts Fleet Operating 1002231 397 STAR TRIBUNE MEDIA COMPANY LLC Prepaid Expenses General Fund 1002200 394 CHEMSEARCH Supplies-HVAC City Hall-CAM 1002277 392 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 223454 389 EDEN PRAIRIE MALL LLC Prepaid Expenses General Fund 1002253 389 G&K SERVICES Clothing&Uniforms Prairie Village Liquor Store 223116 387 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire 223497 385 MENARDS Building Materials Street Maintenance 223306 381 ASPEN MILLS Clothing&Uniforms Fire 223267 378 STIS,DAVID AR Utility Water Enterprise Fund 1002300 374 KIDS TEAM TENNIS LLC Instructor Service CC-Tennis 223093 373 OPPORTUNITY PARTNERS Janitor Service Fire Station#5 223554 370 WATSON CO INC,THE Merchandise for Resale Concessions 1002242 366 CANNON RIVER WINERY Wine Domestic Den Road Liquor Store 223462 366 GAS TANK RENU OF MINNESOTA Equipment Parts Fleet Operating 223457 366 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Sewer System Maintenance 223461 354 G&K SERVICES-MPLS INDUSTRIAL Clothing&Uniforms Facilities Staff 223023 354 AMERICAN BOTTLING COMPANY,THE Misc Non-Taxable Prairie View Liquor Store 1002340 350 FERRELLGAS Gas Dorenkemper House 223167 350 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 223224 350 MRPA Conference Expense Recreation Admin 223322 347 CENTURYLINK Telephone IT Telephone 223300 343 PETTY CASH-POLICE DEPT 223332 338 ENTERPRISE NETWORK SYSTEMS INC Capital Under$25,000 Public Safety Communications 1002217 337 MAHMUTOVIC,DZEVAD Mileage&Parking Facilities Staff 223390 337 PRINT SOURCE MINNESOTA Advertising Prairie Village Liquor Store 223112 335 SWEDLUND SEPTIC SERVICES INC Waste Disposal Park Maintenance 223314 327 BOURGET IMPORTS Transportation Prairie View Liquor Store 1002229 323 SPRINT Computers IT Operating 223260 321 SOUTHWEST SUBURBAN PUBLISHING- Legal Notices Publishing City Clerk Check# Amount Vendor/Explanation Account Description Business Unit Explanation 223298 320 PETTY CASH-POLICE DEPT Miscellaneous Liquor Compliance 223037 318 CENTURYLINK Telephone IT Telephone 223238 318 PARLEY LAKE WINERY Wine Domestic Prairie Village Liquor Store 223301 314 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 223378 313 NEW HORIZON ENTERPRISES INC Deposits Escrow 223166 313 DELEGARD TOOL CO Small Tools Fleet Operating 223159 310 CHISAGO LAKES DISTRIBUTING Beer Prairie Village Liquor Store 223047 306 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 223087 300 MINNESOTA DEPARTMENT OF NATURA Licenses,Permits,Taxes Storm Drainage 223552 300 VINE LINE DISTRIBUTION LLC Wine Domestic Prairie View Liquor Store 223526 295 ROTO-ROOTER Building Repair&Maint. Water Treatment Plant 1002286 291 CHARD TILING&EXCAVATING INC Deposits Escrow 223123 289 WUTTKE,TRAVIS Landscape Materials/Supp Street Maintenance 223181 287 GRAND PERE WINES INC Transportation Den Road Liquor Store 223442 287 CALIFORNIA CONTRACTORS SUPPLIE Repair&Maint.Supplies Sewer System Maintenance 223086 286 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 223377 285 MYRON WILL LAWN MAINTENANCE Other Contracted Services Park Maintenance 223097 281 PINNACLE DISTRIBUTING Misc Taxable Prairie View Liquor Store 223127 279 BOARD OF WATER&SOIL RESOURCE Licenses,Permits,Taxes Storm Drainage 223222 275 MINNESOTA VALLEY ELECTRIC COOP Electric Traffic Signals 223525 275 RIVERS EDGE CONCRETE Repair&Maint.Supplies Storm Drainage 223402 275 ST PAUL,CITY OF Tuition Reimbursement/School Police 1002366 275 WALL TRENDS INC Contract Svcs-General Bldg Den Bldg.-CAM 223409 275 TKO WINES,INC Wine Imported Prairie Village Liquor Store 1002307 271 OSI BATTERIES INC Operating Supplies Police 1002252 271 FLEETPRIDE INC Equipment Parts Fleet Operating 223438 270 BERNICK'S WINE Beer Prairie View Liquor Store 1002301 268 KUSTOM SIGNALS INC Equipment Repair&Maint Police 223076 266 JOHNSTONE SUPPLY Supplies-HVAC Fitness/Conference-Cmty Ctr 1002258 266 JASON'S DELI Operating Supplies Police 223054 261 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 223529 261 SCHWALBE STONEWORK INC Other Contracted Services Capital Maint.&Reinvestment 223100 255 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 223297 253 XCEL ENERGY Electric Forest Hills Park 223328 253 DEALER AUTOMOTIVE SERVICES INC Equipment Parts Fleet Operating 223139 253 AMERICAN BOTTLING COMPANY,THE Misc Taxable Den Road Liquor Store 223311 252 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1002302 250 LANZI,BOB Mileage&Parking Ice Rink#1 223154 250 BUTNER,LANCE AR Utility Water Enterprise Fund 223206 250 KNOWLEDGE MARKETING,LLC Printing Community Brochure 223253 250 SENSIBLE LAND USE COALITION Prepaid Expenses General Fund 223339 250 GARDEN ROOM FRATELLI'S GARDEN Operating Supplies Internal Events 223354 249 JOHN DEERE LANDSCAPES/LESCO Landscape Materials/Supp Street Maintenance 223051 247 EARL F ANDERSEN INC Operating Supplies Traffic Signs 223114 246 UNIFORMS UNLIMITED Clothing&Uniforms Police 223067 246 HD SUPPLY WATERWORKS LTD Equipment Repair&Maint Water Wells 1002223 243 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 223546 240 UNIVERSITY OF MINNESOTA Prepaid Expenses General Fund 1002304 239 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 223531 239 SIGNSOURCE Contract Svcs-Gen.Bldg City Center Operations 223381 238 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit Explanation 223147 234 BHARDWAJ,AMIT AR Utility Water Enterprise Fund 223128 233 D'AMICO AND SONS Beer/Wine Licenses General Fund 223490 233 LITTLE SUSHI ON THE PRAIRIE Beer/Wine Licenses General Fund 223521 230 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 223261 229 SPINNER,RICK AR Utility Water Enterprise Fund 223048 228 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 223271 225 SUBURBAN WILDLIFE CONTROL INC Equipment Repair&Maint Storm Drainage 223395 225 RIVERS EDGE CONCRETE Improvements to Land Park Acquisition&Development 223216 224 MICRO CENTER A/R Other Hardware IT Operating 223115 222 UNITED WAY United Way Withheld General Fund 223277 221 TOURNOY,JEAN-PHILIPPE AR Utility Water Enterprise Fund 223254 220 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 223515 216 PASTRANA,CORINA Deposits-P&R Refunds Community Center Admin 223469 215 HENNEPIN COUNTY ELECTIONS Other Contracted Services Elections 223502 215 MINNESOTA POLLUTION CONTROL AG Training Supplies Utility Operations-General 223146 215 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 1002211 214 GRAINGER Operating Supplies Traffic Signals 223044 209 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 223107 207 STAPLES ADVANTAGE Office Supplies Customer Service 223042 207 COMCAST Wireless Subscription IT Operating 223324 207 COMCAST Wireless Subscription IT Operating 223524 206 RIGHTWAY GLASS INC Equipment Parts Fleet Operating 223458 205 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 223175 200 FRUSCIANTE,JAMES AR Utility Water Enterprise Fund 1002354 200 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 223392 199 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 223537 198 STAPLES ADVANTAGE Office Supplies Customer Service 223163 196 CRICHTON,MARK AR Utility Water Enterprise Fund 223052 193 EDEN PRAIRIE WINLECTRIC Operating Supplies Traffic Signals 223364 191 LIGHTNING PRINTING INC Fire Prevention Supplies Fire 223327 189 CUB FOODS EDEN PRAIRIE Operating Supplies Police 1002338 189 ERNST,DOUGLAS Clothing&Uniforms Park Maintenance 223530 187 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 223421 187 WILSONS NURSERY INC Landscape Materials/Supp Reforestation 223196 185 IIMC Prepaid Expenses General Fund 1002194 183 BOBBY&STEVE'S AUTO WORLD EDE Equipment Repair&Maint Police 223397 183 SIGNSOURCE Contract Svcs-Electrical Prairie View Liquor Store 1002303 182 METROPOLITAN MECHANICAL CONTRA Plumbing Surcharge General Fund 1002250 182 FASTENAL COMPANY Improvement Contracts Capital Maint.&Reinvestment 1002276 182 AMARA WINES LLC Transportation Prairie Village Liquor Store 223102 180 RON'S MECHANICAL INC Mechanical Permits General Fund 223367 180 MENARDS Equipment Repair&Maint Water Wells 223263 179 STANLEY ACCESS TECH LLC Contract Svcs-General Bldg City Hall-CAM 1002275 176 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Fire Station#5 1002294 174 G&K SERVICES Clothing&Uniforms Tree Disease 223225 172 NAVALES,GLENDA AR Utility Water Enterprise Fund 223447 171 DEALER AUTOMOTIVE SERVICES INC Equipment Parts Fleet Operating 223499 171 MINNESOTA CHIEFS OF POLICE ASS Printing Police 223245 170 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1002315 170 SIRCHIE FINGER PRINT LABORATOR Operating Supplies Police 223396 170 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 223063 169 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 223333 169 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 1002198 168 CENTER FOR HEALTHY LIVING Instructor Service Senior Center Programs 223140 167 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 223433 167 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 223501 167 MINNESOTA PIPE AND EQUIPMENT* Equipment Repair&Maint Water Wells 223089 166 MPX GROUP,THE Printing Fire 1002310 162 PRINTERS SERVICE INC Repair&Maint-Ice Rink Ice Arena Maintenance 223344 159 HD SUPPLY WATERWORKS LTD Equipment Parts Storm Drainage 223388 154 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store 223129 150 JAYARAMAN,SUNDAR Refunds Environmental Education 223356 150 KAISER,DAVID S Operating Supplies Fitness Classes 223496 150 MCKENZIE,MARK Refunds Environmental Education 1002209 150 G&K SERVICES Clothing&Uniforms Prairie Village Liquor Store 223150 148 BLAKE,PAUL AR Utility Water Enterprise Fund 223143 148 ATLANTIC TACTICAL Clothing&Uniforms Police 223085 146 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 223026 146 ATLANTIC TACTICAL Clothing&Uniforms Police 1002261 145 LUBRICATION TECHNOLOGIES INC Equipment Parts Fleet Operating 223303 145 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 223021 144 440400-NCPERS MINNESOTA PERA Health and Benefits 223034 143 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Police City Center 223050 142 DIRECTV Cable TV Community Center Admin 223448 140 DELEGARD TOOL CO Equipment Parts Fleet Operating 223304 140 ANCOM COMMUNICATIONS INC Equipment Repair&Maint Public Safety Communications 1002213 140 HD SUPPLY FACILITIES MAINTENAN Supplies-General Bldg Housing and Human Svcs 223510 139 NORTHERN AIR CORPORATION Contract Svcs-Plumbing Fitness/Conference-Cmty Ctr 223046 139 CONTECH ENGINEERED SOLUTIONS L Equipment Parts Storm Drainage 223027 139 AUTO ELECTRIC OF BLOOMINGTON I Equipment Parts Fleet Operating 223476 138 J H LARSON COMPANY Building Repair&Maint. Park Maintenance 1002332 138 CALDWELL,TYLER Tuition Reimbursement/School Fitness Classes 223090 137 NORLAB INC Repair&Maint.Supplies Water System Maintenance 1002239 134 AMARA WINES LLC Transportation Prairie Village Liquor Store 223227 133 NGUYEN,MAI THANH AR Utility Water Enterprise Fund 1002251 132 FEDEX Postage Human Resources 223104 131 SELECT MECHANICAL SERVICES INC Mechanical Permits General Fund 4616 131 VANCO SERVICES Miscellaneous Community Center Admin 223160 130 CLAUS,CARRIE&BOB Deposits Escrow 1002281 129 BOUNDLESS NETWORK Operating Supplies Community Center Admin 223071 128 INDUSTRIAL AND RESIDENTIAL LIG Lab Supplies Water Treatment Plant 1002327 128 AMARA WINES LLC Transportation Den Road Liquor Store 223389 128 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 223365 127 MANKATO BREWERY Beer Den Road Liquor Store 223190 125 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 223548 125 UNIVERSITY OF MINNESOTA Prepaid Expenses General Fund 223171 123 ESTATE OF GEORGIANN N NEWBERRY AR Utility Water Enterprise Fund 223077 123 KAERWER,BARBARA Other Contracted Services Police 223223 123 MOUND,CITY OF Office Supplies WAFTA 223105 122 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 223437 120 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 1002216 120 KIDCREATE STUDIO Instructor Service Arts Center Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1002318 120 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Den Road Liquor Store 1002356 118 NUCO2 INC Supplies-Pool Pool Maintenance 1002226 117 QUICKSILVER EXPRESS COURIER Other Contracted Services Elections 1002279 117 BECKER,DAVE Clothing&Uniforms Police 223024 117 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 4624 116 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits 4633 116 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits 223512 114 OENO'S DISTRIBUTION Wine Domestic Prairie View Liquor Store 1002266 114 NEW FRANCE WINE COMPANY Transportation Prairie Village Liquor Store 223230 110 NSWFA Tuition Reimbursement/School Fire 223383 108 OENO'S DISTRIBUTION Transportation Prairie View Liquor Store 223435 107 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 223450 106 DESIGN DESIGN Transportation Den Road Liquor Store 223057 105 FISHBANE,JOEL Other Contracted Services Theatre Initiative 223165 104 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance 223094 101 OXYGEN SERVICE COMPANY Operating Supplies Fire 223132 100 MEYER,DAVE Refunds Environmental Education 223134 100 WEIHER,WILLIAM Refunds Environmental Education 223232 100 O'CONNELL,PAUL M. Refunds Environmental Education 223248 100 ROTHE,BRANDON AR Utility Water Enterprise Fund 223387 100 PIDCOCK,DUANE AR Utility Water Enterprise Fund 223452 100 DISRUD,RICHARD Refunds Environmental Education 223483 100 KHIEU,EMILY Refunds Environmental Education 223491 100 LOI,RONALD Refunds Environmental Education 223518 100 PINI,JANIS Refunds Environmental Education 223522 100 RASMUSSEN,PETER Refunds Environmental Education 223542 100 TE,STEVEN Refunds Environmental Education 223464 98 GLESSING,DELBERT AND MARTHA Refunds Environmental Education 223144 98 BERGSTRAND,JOHN AR Utility Water Enterprise Fund 223284 97 VON MOSCH,RHONDA Refunds Environmental Education 1002205 97 FADDEN,TIMOTHY Prepaid Expenses General Fund 223451 96 DIRECTV Cable TV Community Center Admin 223366 96 MATSON,TOM Small Tools Fleet Operating 1002218 95 MATHESON TRI-GAS INC Equipment Parts Fleet Operating 223173 95 FEDERAL LICENSING INC Licenses&Taxes Police 223151 93 BOARD OF WATER&SOIL RESOURCE Licenses,Permits,Taxes Storm Drainage 223305 92 APCO INTERNATIONAL Dues&Subscriptions Public Safety Communications 223155 91 CARLSON,LINDA C AR Utility Water Enterprise Fund 223176 91 G&K SERVICES-MPLS INDUSTRIAL Other Contracted Services Park Maintenance 223164 90 CSM CORPORATION Deposits Escrow 223384 90 PARLEY LAKE WINERY Wine Domestic Den Road Liquor Store 1002192 90 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#2 1002368 90 WITT,BETH Training Supplies Fitness Classes 223399 87 SOUTHWEST SUBURBAN PUBLISHING- Legal Notices Publishing City Clerk 1002191 86 ANCHOR PAPER COMPANY Office Supplies Customer Service 223029 86 BATTERIES PLUS Small Tools Facilities Staff 223276 84 TKO WINES,INC Wine Imported Prairie View Liquor Store 1002227 83 QUINN,RYAN Mileage&Parking Park Maintenance 1002360 83 SCHARBER&SONS Equipment Parts Fleet Operating 1002352 82 MINTON,NICOLE Mileage&Parking Therapeutic Rec Admin 223282 82 VANDELAARSHOT,WILLIAM AR Utility Water Enterprise Fund Check# Amount Vendor/Explanation Account Description Business Unit Explanation 223278 81 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store 1002282 80 BOYER TRUCKS Equipment Parts Fleet Operating 223400 80 SPORTS WORLD USA INC Clothing&Uniforms Concessions 223412 79 TWIN CITY SEED CO Landscape Materials/Supp Street Maintenance 223142 78 ANDERSON,BRYAN AR Utility Water Enterprise Fund 223200 77 J H LARSON COMPANY Repair&Maint.Supplies Prairie Village Liquor Store 223262 76 STALOCH,DAVID AR Utility Water Enterprise Fund 223290 75 WIENHOLZ,BRIAN AR Utility Water Enterprise Fund 223068 75 HENNEPIN COUNTY TREASURER Deposits Escrow 1002367 75 WICHTERMAN'S LTD Equipment Repair&Maint Fleet Operating 1002314 73 SHRED-IT USA MINNEAPOLIS Waste Disposal City Center Operations 223231 71 NUNES,CARSON AR Utility Water Enterprise Fund 223338 70 GARDEN&ASSOCIATES INC Other Contracted Services Police 223540 70 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Operating 223214 70 METRO FIRE Protective Clothing Fire 1002188 70 A TO Z RENTAL CENTER Operating Supplies Elections 223197 70 INDUSTRIAL AND RESIDENTIAL LIG Repair&Maint.Supplies Water Treatment Plant 223347 68 HIRSHFIELD'S Operating Supplies Park Maintenance 223349 68 HOTSY EQUIPMENT OF MINNESOTA Equipment Parts Fleet Operating 223289 68 WHEELER LUMBER LLC Building Materials Street Maintenance 223494 67 MATSON,TOM Small Tools Fleet Operating 223170 66 DUNN,STEPHANIE AR Utility Water Enterprise Fund 1002228 66 SPRINT Computers IT Operating 1002293 65 FERRELLGAS Gas Riley House 223514 63 PARMELEE,LEE Deposits-P&R Refunds Community Center Admin 1002348 62 MAKHSSOUS,FARREH Mileage&Parking Community Development Admin. 223156 62 CENTRAL ENVELOPE CORP Operating Supplies Finance 1002245 62 CERIDIAN Ceridian IT Operating 223081 60 LIEBERT CASSIDY WHITMORE Other Contracted Services Organizational Services 223343 60 HANZLIK,JAMES Deposits Community Center Admin 1002234 60 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Prairie View Liquor Store 223153 59 BROWN SHOE CO AR Utility Water Enterprise Fund 223341 59 GROTH MUSIC Other Rentals Community Band 1002207 57 FERRELLGAS Equipment Parts Fleet Operating 1002259 57 KALLIGHER,ANDREA Mileage&Parking Community Center Admin 223417 56 UZZAMAN,SYED Deposits-P&R Refunds Community Center Admin 223205 55 KERIAN,DORETTE Inspection Fee Housing Inspections 1002220 52 MEIERS,NICHOLAS J Operating Supplies Outdoor Center 223161 51 COMCAST Dues&Subscriptions City Council 4613 50 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 223152 50 BRATON,MATT Refunds Environmental Education 223185 50 HAGEN,STEVE AND NANCY Refunds Environmental Education 223240 50 PELTON,DEAN Refunds Environmental Education 223456 50 EILER,CRAIG Refunds Environmental Education 223480 50 JOHNSON,BONNIE F Refunds Environmental Education 223481 50 KDV Conference Expense Finance 223130 49 JOHNSON,DIANE Refunds Environmental Education 223376 49 MINVALCO INC Supplies-HVAC Ice Arena Maintenance 1002256 49 HOLMGREN,GRETCHEN Mileage&Parking Prairie Village Liquor Store 223031 49 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 223252 47 SCHWARTZ,LEROY AR Utility Water Enterprise Fund Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1002232 46 STREICHERS Clothing&Uniforms Police 223060 45 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 1002328 44 AMERITRAK Other Contracted Services Snow&Ice Control 223186 43 HALVORSON,CAROL AR Utility Water Enterprise Fund 223036 42 BROSCH,COLLETTE Deposits-P&R Refunds Community Center Admin 223519 41 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating 1002331 41 BOYER TRUCKS Equipment Parts Fleet Operating 223247 40 ROGERS,KING AR Utility Water Enterprise Fund 223357 40 KAPPAGANTULA,MEENA&SARVESAM Deposits Community Center Admin 223360 40 KUSTRITZ,SHARON Deposits Community Center Admin 223291 40 WINDSONG MGMT AR Utility Water Enterprise Fund 223460 40 FREEMAN,BARBARA Refunds Environmental Education 223073 38 IVERSON,MARGARET Deposits-P&R Refunds Community Center Admin 1002358 37 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Operating 223126 37 BOARD OF WATER&SOIL RESOURCE Licenses,Permits,Taxes Storm Drainage 223251 36 SCHROEDER,DUANE AR Utility Water Enterprise Fund 1002319 36 UPS Equipment Repair&Maint Public Safety Communications 1002312 34 QUICKSILVER EXPRESS COURIER Other Contracted Services Communications 223369 34 MEYER,KATHY Deposits-P&R Refunds Community Center Admin 223319 32 CAMERON,PAT Deposits-P&R Refunds Community Center Admin 223444 32 CORRIGAN,PAM Deposits Community Center Admin 223082 32 MENARDS Equipment Repair&Maint Water Wells 223080 31 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 223039 30 COMCAST Cable TV Fire 1002262 30 MATHESON TRI-GAS INC Equipment Parts Fleet Operating 1002265 30 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 223424 29 WINGERT,STEVEN Deposits-P&R Refunds Community Center Admin 223195 27 HULES,DONALD AR Utility Water Enterprise Fund 1002238 27 A TO Z RENTAL CENTER Operating Supplies Street Maintenance 223484 26 KNISS,ANGIE Deposits-P&R Refunds Community Center Admin 223511 26 O'CONNOR,DEBORAH Deposits-P&R Refunds Community Center Admin 1002311 25 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Operating 223138 25 ALI,ADALLA AR Utility Water Enterprise Fund 223233 25 OGS COMPANY LLC AR Utility Water Enterprise Fund 223218 25 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 223475 25 INDEPENDENT SCHOOL DIST 272 Building Rental Community Band 223101 24 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 223513 23 OLSEN COMPANIES Equipment Repair&Maint Water Treatment Plant 223025 23 AT&T MOBILITY Pager&Cell Phone Park Maintenance 1002333 22 CASE,RON Travel Expense Administration 223180 21 GOEL,ANIL AR Utility Water Enterprise Fund 223404 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 223538 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 223210 20 LIU,HOWARD Deposits Community Center Admin 223316 20 BROWN,PAUL Deposits Community Center Admin 223318 20 CABILLOT,AUDREY Deposits Community Center Admin 223320 20 CAMPBELL,MARTHA J Deposits Community Center Admin 223363 20 LEI,PENG Deposits Community Center Admin 223379 20 NIESON,SUZANNE Deposits Community Center Admin 223380 20 NOEL,RICHARD Deposits Community Center Admin 223407 20 TE,CHAREY Deposits Community Center Admin Check# Amount Vendor/Explanation Account Description Business Unit Explanation 223408 20 TE,TONG Deposits Community Center Admin 223420 20 WERLINGER,ERIC Deposits Community Center Admin 223321 19 CAWLEY COMPANY,THE Clothing&Uniforms Prairie Village Liquor Store 223373 19 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police 1002284 17 CARLSTON,BRANDON Operating Supplies Police 223235 17 OPHOVEN SAW SERVICE Equipment Repair&Maint Park Maintenance 223258 17 SKAJA,JOSEPH AR Utility Water Enterprise Fund 223040 16 COMCAST Wireless Subscription IT Operating 223372 15 MILKE,UTE Deposits Community Center Admin 223270 14 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1002364 12 UPS Office Supplies Utility Operations-General 223056 11 FISCHER,MARLENE Deposits-P&R Refunds Community Center Admin 223265 11 STENSGAARD,STEVE Deposits-P&R Refunds Community Center Admin 223336 11 FOX,VERNETTE Deposits-P&R Refunds Community Center Admin 223532 11 SKOGLUND,JEAN Deposits-P&R Refunds Community Center Admin 223536 10 STANLEY ACCESS TECH LLC Contract Svcs-General Bldg City Hall-CAM 1002264 9 METROPOLITAN FORD Equipment Parts Fleet Operating 223041 9 COMCAST Cable TV Fire 223335 9 FISERV INC Bank and Service Charges Water Accounting 223207 8 LANG,KAY AR Utility Water Enterprise Fund 1002195 8 BOLD,PAULINE Operating Supplies Outdoor Center 223503 8 MINNESOTA UI FUND Employee Assistance Organizational Services 1002291 7 FASTENAL COMPANY Equipment Parts Fleet Operating 223312 7 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 1002272 7 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 223203 6 JUNQUEIRA,LUCIANO AR Utility Water Enterprise Fund 223237 5 PARK SUPPLY OF AMERICA INC Supplies-Plumbing City Hall-CAM 223359 4 KRAEMERS HARDWARE INC Operating Supplies Street Maintenance 1002271 4 UPS Postage Recreation Admin 6,606,863 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances &Resolutions January 8, 2013 DEPARTMENT ITEM DESCRIPTION: ITEM NO.: XII.A. Office of City Manager Inactivate the Budget Advisory Commission Requested Action Move to: Adopt a Resolution inactivating the Budget Advisory Commission. Synopsis This Resolution inactivates the Budget Advisory Commission. City Code§ 2.23 Subd. 6 authorizes the City Council by resolution to make a Commission inactive by choosing not to appoint members to such Commission. It is the intent of city staff to utilize remaining Commission members and other interested residents for special projects or assignments as deemed appropriate by the City Council. The Council may subsequently by resolution activate an inactivated Commission and thereafter appoint members pursuant to the process set forth in the City Code. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2013- A RESOLUTION DETERMINING NOT TO APPOINT MEMBERS TO THE BUDGET ADVISORY COMMISION AND DECLARING THE BUDGET ADVISORY COMMISSION INACTIVE WHEREAS, pursuant to City Cod Section 2.23, Subd. 6, the Council may by a resolution make a Commission inactive by choosing not to appoint members to such Commission. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE HEREBY ORDAINS AS FOLLOWS: 1. The City Council determines not to appoint members to the Budget Advisory Commission and hereby declares the Budget Advisory Commission inactive. ADOPTED by the City Council of the City of Eden Prairie this 8th day of January, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Ordinances & Resolutions January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XII.B. City Attorney Ric Rosow Request Approval of Therapeutic Massage Enterprises and Therapists Regulation Ordinance Requested Action Move to: Approve first and second reading of an ordinance amending City Code Chapter 5 by adding Section 5.46 relating to therapeutic massage enterprises and therapists regulation and adopt Resolution approving Summary for Publication. Synopsis: Note: If the motion to adopt First and Second Reading is approved by less than a unanimous vote, the first reading has been approved, but a second reading at a subsequent City Council meeting is necessary for adoption. Recently the Police Department started to proactively investigate prostitution-related criminal activity in Eden Prairie. The department has learned that some prostitution-related businesses advertise themselves as "massage"businesses, using key words in their advertisements that are code for prostitution. The methods the department uses to make arrests for prostitution cases have made the integrity and safety of police staff a primary concern. To effectively investigate suspicious massage practices, the department and its staff may be placed in potentially unsafe situations. Staff believes a safer and more efficient way to manage these businesses is to regulate them before conducting proactive investigations into their activities. Staff wrote the attached draft ordinance regulating businesses providing massage therapy services. The ordinance exempts individuals and businesses that already hold a cosmetology license, allowing legitimate salons to continue their operations without additional licensing limitations. As part of the ordinance enactment, the city will need to set fees associated with the investigation of applicants and granting of annual licenses. Based on the city's recently updated User Fee Policy, staff recommends the following fees: Therapeutic Massage Enterprise: Investigation Fee- $500.00; Annual License Fee - $300.00 per year Individual Massage Therapist: Investigation Fee - $100.00; Annual License Fee - $50.00 per year The "cost recovery" dollar amount for these fees were set by having the licensing clerk estimate the amount of time she would need to conduct an investigation and process the application. Staff also conducted a market comparison of other cities that currently regulate massage businesses and our recommended fees are within the market average. Staff believes that having a massage ordinance and licensure process in place will discourage prostitution-related businesses from locating in Eden Prairie and will make it easier to investigate and eliminate those businesses that are already here while allowing legitimate businesses to continue to prosper in Eden Prairie. Attachment Ordinance Ordinance Summary Summary Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 4-2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 5 BY ADDING SECTION 5.46 RELATING TO THERAPEUTIC MASSAGE ENTERPRISES AND THERAPISTS REGULATION; 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 5.46 to read as follows: SECTION 5.46 THERAPEUTIC MASSAGE ENTERPRISES AND THERAPISTS REGULATION. Subd. 1. Findings of the Council. The Council makes the following findings regarding the need to license therapeutic massage enterprises and therapists and to prohibit all other types of massage businesses and services to the public: A. Persons who have bona fide and standardized training in therapeutic massage, health, and hygiene can provide a legitimate and necessary service to the general public. B. Health and sanitation regulations governing therapeutic massage enterprises and therapists can minimize the risk of the spread of communicable diseases and can promote overall health and sanitation. C. License qualifications for the restrictions on therapeutic massage enterprises and therapists can minimize the risk that such businesses and persons will facilitate prostitution and other criminal activity in the community. D. Massage services provided by persons with no specialized and standardized training in massage can endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury. E. Massage businesses which employ persons with no specialized and standardized training can tax City law-enforcement services, because such businesses are more likely to be operated as fronts for prostitution and other criminal activity than operations established by persons with standardized training. F. The training of professional massage therapists at accredited institutions is an important means of ensuring the fullest measure of protecting the public health, safety, and welfare. Subd. 2. Definitions. As used in this Section, unless otherwise stated in specific sections, the following words and terms shall have the meanings stated: A. Applicant- any person making an application for a license under this Section. B. Application - a form to be completed by the applicant as his or her request for a license, furnished by the City and required as a prerequisite to the consideration of the issuance of a license. C. Accredited Institution - an educational institution holding accredited status from the North Central Association of Colleges and Schools (NCA) or another regional accrediting agency approved by the United States Department of Education. D. Accredited Program - a professional massage program accredited by the International Massage and Somatic Therapies Accreditation Council (IMSTAC), the Commission on Massage Therapy Accreditation (COMTA), or a comparable national or regional organization that evaluates program compliance with quality and competency standards through a process of periodic review and self-study. E. Clean - the absence of dirt, grease, rubbish, garbage, and other offensive, unsightly, or extraneous matter. F. Good repair - free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a good and sound condition. G. Massage - any method of pressure on, or friction against, or the rubbing, stroking, kneading, tapping, pounding, vibrating, stimulating, or rolling of the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil,powder, cream, lotion, ointment, or other similar preparations. H. Massage Therapist- an individual who practices or administers massage to the public. I. Operate - to own, manage, or conduct, or to have control, charge, or custody over. J. Person(s) - any individual, firm, association, partnership, corporation, joint venture, or combination of individuals. K. Therapeutic Massage Enterprise - a person who operates a business which employs or hires therapeutic massage therapists licensed in accordance with this Section to provide massage to the public. The owner/operator of a therapeutic massage enterprise need not be licensed as a therapeutic massage therapist if he or she does not at anytime practice or administer massage to the public. L. Within the City - includes physical presence as well as telephone referrals such as phone- a-massage operations in which the business premises, although not physically located within the City, serves as a point of assignment of employees who respond to requests for services from within the City. Subd. 3. License Required. A. Therapeutic Massage Enterprise License. It shall be unlawful for any person to operate, engage in, or carry on, within the City, massage services for the public for consideration without first having obtained a license from the City pursuant to this Section. B. Massage Therapist License. It shall be unlawful for any individual to practice, administer, or provide massage services to the public for consideration within the City without first having obtained a license from the City pursuant to this Section. Subd. 4. License Applications A. Application. All applications for licenses issued under this Section shall be made on forms supplied by the City. All questions asked or information required by the application forms shall be answered fully and completely by the applicant. B. False Statements. It is unlawful for any applicant to intentionally make a false statement or omission upon any application. Any false statement in such application or any willful omission to state any information called for on such application shall, upon discovery of such falsehood, be grounds for denial or, if already issued, for revocation of the license. C. Application and Investigation Fees. Upon submission of the application, applicants for therapeutic massage enterprises and therapist licenses shall pay a fee to the City which shall be considered an application and investigation fee, not refundable to applicant, to cover the costs of the City in processing the application and the investigation thereof. All application and investigation fees provided for in this Section shall be fixed and determined by the Council. Such fees, may, from time to time, be amended by the Council. D. Term of License. Massage therapist licenses issued under this Section shall expire on the one-year anniversary of issuance of the license. Therapeutic massage enterprise licenses shall expire on December 31 of each year. E. Renewal of License. Applications for renewal of all licenses issued under this Section shall be made at least sixty (60) days prior to the date of expiration of the license and shall contain such information as is required by the City. The City may deny renewal of a license on the same grounds for suspension or revocation of a license. The City shall notify the licensee in writing if the license will not be renewed. The notice shall be mailed by regular mail to the licensee at address listed on the renewal application. A licensee may appeal a non-renewal in accordance with Subdivision 10 (B) (2) of this Section. The request for appeal must be submitted to the City within fourteen (14) days of the date of the City's notice of non-renewal. Subd 5. Application Requirements A. Filing. An application for a therapeutic massage enterprise or therapist license under this Section must be filed with the Police Department. B. Insurance Requirements. 1. Each applicant for a therapeutic massage enterprise license shall file with the City a public liability insurance policy or certificate of insurance from a company authorized to do business in the State of Minnesota, insuring the applicant against any and all loss arising out of the use, operation, or maintenance of the therapeutic massage enterprise. The policy of insurance shall be in limits of not less than $1,000,000.00. 2. Each applicant for a massage therapist license shall file with the City a current certificate of insurance providing coverage of one million dollars ($1,000,000) for personal liability in the practice of massage. 3. Failure to keep in full force and effect the insurance required by this Section is grounds for revocation of the license. C. Investigation and Consideration. The City is empowered to conduct any and all investigations to verify the information on applications submitted under this Section, including ordering a computerized criminal history inquiry and/or a driver's license history inquiry on the applicant. A denial of an application shall be communicated to the applicant in writing. An applicant may appeal a denial within fourteen (14) days of the date of the denial by submitting a request in writing to the City. The appeal shall be conducted in accordance with Subdivision 10 (B) (2) of this Section. Upon approval of an application, the City Clerk shall issue and deliver a license certificate to the applicant at the address noted in the application. D. Manager or Agent. If the applicant is a partnership, corporation or other organization, the application shall include the name of the person who will serve as the manager or agent of the licensed premises. Such manager or agent shall, by the terms of his written consent, (1) take full responsibility for the conduct of the licensed premises and (2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation, and other attributes. A licensee shall promptly notify the City in writing of any such change indicating the name and address of the new manager or agent and the effective date of such change. E. A licensee must promptly notify the City of a change in the information or facts required to be furnished on the application for a license, even after the license has been issued Subd. 6. Standards. A. Therapeutic Massage Enterprise License. 1. No therapeutic massage enterprise license shall be issued to a person who: (a) Is not eighteen (18) years of age or older at the time the application is submitted to the City; (b) Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03, subdivision 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota Statutes, Section 364.03, subdivision 3; (c) Is not a citizen of the United States or a resident alien, or is legally prohibited from working in the United States; (d) Is not of good moral character or repute; (e) Is not the real party in interest of the enterprise; (f) Has knowingly misrepresented or falsified information on the license application; or (g) Does not meet the definition of therapeutic massage enterprise in Subdivision 2 of this Section. 2. No therapeutic massage enterprise shall be licensed if: (a) Such enterprise is located on property on which taxes, assessments, or other financial claims to the State, County, School District, or City are due and delinquent. In the event a suit has been commenced under Minnesota Statutes, Sections 278.01 - 278.13, questioning the amount or validity of taxes, the Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one (1) year after becoming due. (b) The location of such enterprise is not in conformance with the land use regulations of the City Code unless such enterprise is a legal, nonconforming use. B. Massage Therapist License. No massage therapist license shall be issued to a person who: 1. Is not eighteen (18) years of age or older at the time the application is submitted to the City; 2. Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03, subdivision 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota Statutes, Section 364.03, subdivision 3; 3. Is not a citizen of the United States or a resident alien, or is legally prohibited from working in the United States; 4. Is not of good moral character or repute; 5. Has knowingly misrepresented or falsified information on the license application; 6. Is not affiliated with, employed by, or does not own a therapeutic massage enterprise licensed by the City; 7. Does not provide to the City proof of current insurance coverage of one million dollars ($1,000,000) for personal liability in the practice of massage; 8. Does not provide to the City proof that he or she has completed four hundred (400) hours of certified therapeutic massage training from a bona fide school that has been approved by the City, or has at least two (two) years of full-time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City. Subd. 7. Exemptions. A therapeutic massage enterprise or therapist license is not required for the following persons and places: A. Persons duly licensed by this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry, provided the massage is administered in the regular course of the medical business and not provided as part of a separate and distinct massage business. B. Persons duly licensed by this state as beauty culturists or barbers, provided such persons do not hold themselves out as giving massage treatments and provided the massage by beauty culturists is limited to the head, hand, neck, and feet and the massage by barbers is limited to the head and neck. C. Places licensed by the state of Minnesota as a "Salon" defined by Minnesota State Statute 155A.29. D. Persons working solely under the direction and control of a person duly licensed by this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry. E. Places duly licensed or operating as a hospital, nursing home, hospice, sanitarium, or group home established for the hospitalization or care of human beings. F. Athletic trainers, certified by the National Association of Athletic Trainers (NAAT), when working with an amateur, semiprofessional or professional athlete or athletic team. G. Students of an accredited institution who are performing massage services in the course of a clinical component of an accredited program of study, provided that the students are performing the massage services at the location of the accredited institution and provided the students are identified to the public as students of massage therapy. Students of an accredited institution who are performing massage services at clinics or other facilities located outside of the accredited institution shall have at least one hundred fifty (150) hours of certified therapeutic massage training at the accredited institution prior to performing the therapy outside of the institution and shall be identified to the public as a student of massage therapy. H. Persons providing "chair massage" are not required to obtain a therapeutic massage enterprise license if the following requirements are met: 1. The massage is provided in a place of business where the massage can easily be seen by any employee or visitor on the premises; 2. The location does not hold a license to sell alcoholic beverages; 3. Each recipient of a massage remains in an upright position, either sitting or standing; and 4. Each recipient of a massage remains in the normal, daytime attire worn when entering the business and does not remove any clothing except outerwear such as a coat or jacket. Subd 8. General Provisions Regarding Licenses. A. Posting. A therapeutic massage enterprise license issued shall be posted in a conspicuous place on the premises for which it is used. A person licensed as a massage therapist shall have readily available a current license issued by the City at all times therapeutic massage services are rendered. B. Premises Licensed. A therapeutic massage enterprise license is only effective for the compact and contiguous space specified in the approved license application. If the licensed premises is enlarged, altered, or extended, the licensee shall inform the City. A massage therapist license shall entitle the licensed therapist to perform on-site massage at a business, public gathering, private home, or other site not on the therapeutic massage enterprise premises, excluding hotel or motel guest rooms. C. Employment of Unlicensed Massage Therapists Prohibited. No therapeutic massage enterprise shall employ or use any person to perform massage who is not licensed as a therapeutic massage therapist under this Section, unless the person is specifically exempted from obtaining a therapist license pursuant to Subdivision 7 of this Section. D. Affiliation With Enterprise Required. A massage therapist shall be employed by, affiliated with, or own a therapeutic massage enterprise licensed by the City, unless a person or place is specifically exempted from obtaining a therapeutic massage enterprise license in Subdivision 7 of this Section. E. Hours of Operation. No customers or patrons may be allowed to enter the licensed premises after 10:00 p.m. and before 7:00 a.m. daily. No customers or patrons may be allowed to remain on the licensed premises after 10:00p.m. and before 7:00a.m. daily. No massage therapist shall perform massage services after 10:00 p.m. and before 7:00 a.m. daily. F. Premises Subject to Inspection. During any hours in which any person is present on the licensed premises, the premises licensed under this Section shall be open to inspection by any duly authorized representative of the City to determine whether or not this Section and all other laws are being observed. All persons, as a condition to being issued such license, consent to such inspection and without a search warrant. Upon demand by a health, building or license inspector or police officer, a person engaged in providing services in a premises licensed under this Section shall identify himself/herself giving his/her true legal name and his/her correct address. G. Conduct on Licensed Premises. Except as herein provided, every licensee under this Section shall comply with the following: 1. Coverage of Genitals During Massage. The licensee shall require that the person who is receiving the massage shall at all times have his or her genitals covered with non-transparent material or clothing. 2. Therapist Clothing Requirements. Any massage therapist performing massage shall at all times have his or her breasts, buttocks, anus, and genitals covered with a non-transparent material or clothing. 3. Effect of License Suspension or Revocation. No licensee shall solicit business or offer to perform massage services while under license suspension or revocation by the City. 4. Massage of Certain Body Parts Prohibited. At no time shall the massage therapist intentionally massage or offer to massage the penis, scrotum, mons veneris, vulva, or vaginal area of a person. H. Condition and Maintenance of Premises. 1. Cleanliness. Floors, walls, other structures, and equipment in massage rooms, restrooms and bathrooms used in connection with the massage business shall be kept clean and in a state of good repair and sanitary at all times. Linens and other materials shall be stored at least six(6) inches off the floor in areas protected from contamination. Sanitary towels, wash cloths, cleaning agents and toilet tissue shall be made available for each customer. 2. Restrooms. Restrooms used in connection with the therapeutic massage enterprise shall be provided with mechanical ventilation with two (2) cfm per square foot of floor area, a minimum of twenty(20) foot candles of illumination, a hand-washing sink equipped with hot and cold running water under pressure, single-use paper towels or other approved drying device and a soap dispenser. 3. Storage. Licensed premises shall have a janitor's closet for the storage of cleaning supplies. This closet shall have mechanical ventilation with two (2) cfm per square foot of floor area and a minimum of twenty (20) foot candles of illumination. The closet shall include a mop sink. For licensee's operating a therapeutic massage enterprise as a home occupation, in lieu of a janitor's closet, all cleaning supplies shall be stored separate away from the bathroom and massage room and away from other equipment and supplies used in conjunction with the business. 4. Lockers. Individual lockers shall be made available for use by patrons. The lockers shall have separate keys for locking. Instead of individual lockers, therapeutic massage enterprises may provide secure areas designated for storage of personal items belonging to employees and patrons while on the premises. 5. Hand Washing Required. A separate hand-sink shall be easily accessible and used by a massage therapist before administering massage on each patron and when hands are soiled. 6. Linens. The furniture upon which the patron reclines while receiving a massage shall either be covered with clean linen or be washed after each use with a cleaning agent sufficient to prevent the spread of disease. Linens and towels shall be changed after each use and laundered by a commercial cleaning establishment or in approved laundry facilities on the premises. For licensee's operating a therapeutic massage enterprise as a home occupation, linens and towels shall be washed separate from personal articles. Single-use linens shall be discarded after each use. I. Transfer. The license issued is for the person or the premises named on the approved license application. No transfer of a license shall be permitted from place to place or from person to person without complying with the requirements of an original application. J. Home Occupation. Whenever a therapeutic massage enterprise is operated in a residential area as a home occupation, the person(s) conducting the business shall adhere to all aspects of City Code Chapter 11 relating to home occupations. Subd. 9. Issuance of Temporary Massage Therapist License A. License Conditions. The City may issue a temporary massage therapist license to the following individuals who can demonstrate to the City that he or she: 1. Has current insurance coverage of one million dollars ($1,000,000) for personal liability in the practice of massage; and 2. Has completed four hundred (400) hours of certified therapeutic massage training from a bona fide school that has been approved by the City, or has at least two years of full-time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City. B. Duration and Limit of License. A temporary massage therapist license shall be effective for a maximum of four (4) days, and a therapist shall not be issued more than three (3) temporary licenses during a twelve-month period. C. License Application and Fee. A temporary massage therapist license may be issued only upon receipt of the fee for the license, and a complete license application, which shall be submitted at least thirty (30) days prior to requested effective date of the temporary license. D. Persons Ineligible for License. No temporary massage therapist license shall be issued to a person who is otherwise ineligible pursuant to Subdivision 6 (B) of this Section. E. Investigation and Consideration. Investigation and consideration of a temporary massage therapist license and appeal of a denial of a temporary massage therapist license shall be conducted in accordance with Subdivision 5 (C) of this Section. Subd. 10. Revocation or Suspension. A. Suspension or Revocation. The City may suspend or revoke a license issued under this Section. The following are grounds for suspension or revocation of a license: 1. Fraud, misrepresentation, or false statement contained in a license application or a renewal application; 2. Fraud, misrepresentation, or false statement made in the course of carrying on the therapeutic massage enterprise; 3. Failure to comply with city ordinances or state law; 4. Conviction of the owner, manager, lessee, or an employee of the therapeutic massage enterprise of a violation of any ordinance or state statute, arising on the licensed premises; 5. Acts demonstrating or involving moral turpitude; 6. Conviction of the owner, manager, lessee or an employee of the therapeutic massage enterprise of prostitution or other offense involving moral turpitude; 7. Conducting the therapeutic massage enterprise in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the community; or 8. Habitual drunkenness or intemperance or the use of drugs including, but not limited to the use of drugs defined in either federal or state laws, barbiturates, hallucinogenic drugs, amphetamines, Benzedrine, Dexedrine, or other sedatives, depressants, stimulants or tranquilizers on the licensed premises. B. Notice and Appeal. 1. Upon a finding that a licensee has violated the requirements of this Section, the City may issue a notice of suspension or revocation to the licensee setting forth the violation(s). The notice shall further inform the licensee of the licensee's right to request a hearing within fourteen (14) days of the date contained in the notice to dispute the suspension or revocation. The notice shall be mailed by regular mail to the licensee at the most recent address listed on the license application. If a hearing request is not received by the City within fourteen (14) days of the date contained in the notice, the licensee's right to a hearing shall be deemed waived. No suspension or revocation of a license under this Section shall take effect until the licensee's time to request a hearing expires. 2. If the licensee requests a hearing, the hearing shall be held by an impartial Hearing Officer who shall be appointed by the City Manager. Upon conclusion of the hearing, the Hearing Officer shall, within ten (10) days, make his or her decision which reverses or affirms the suspension or revocation at issue and shall notify the licensee of his or her decision in writing ("Notice of Hearing Officer's Notice of Decision"). If the Hearing Officer's decision is to affirm the suspension or revocation, he or she shall include in the Hearing Officer's Notice of Decision his or her findings and conclusions supporting the decision. Any appeal of the Hearing Officer's decision shall be filed in Hennepin County District Court. Subd. 11. Violation a Misdemeanor. A person who commits or attempts to commit, conspires to commit or aids or abets in the commission of an act constituting a violation of this Section, whether individually or in connection with one or more other persons or as principal, agent, or accessory is guilty of a misdemeanor. A person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, permits or directs another to violate a provision of Section is guilty of a misdemeanor. 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 8th day of January, 2013 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of January, 2013. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on . CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2013- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 4-2013 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 4-2013 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 8th day of January 2013. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNSEL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. 4-2013 is lengthy. B. The text of summary of Ordinance No. 4-2013, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance No. 4-2013 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on January 8, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 4-2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 5 BY ADDING SECTION 5.46 RELATING TO THERAPEUTIC MASSAGE ENTERPRISES AND THERAPISTS REGULATION; 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: The following is only a summary of Ordinance No. 4-2013. The full text is available for public inspection by any person during regular office hours at the Office of the City Clerk. SUMMARY: The Ordinance adds City Code Section 5.46 which establishes business regulations for Therapeutic Massage Enterprises and Therapists within the City. This Ordinance incorporates, by reference, City Code Chapter 1 and City Code Section 5.99, which contain provisions relating to penalties. 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 . CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 1-2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 5 BY ADDING SECTION 5.46 RELATING TO THERAPEUTIC MASSAGE ENTERPRISES AND THERAPISTS REGULATION; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. The following is only a summary of Ordinance No. 1-2013. The full text is available for public inspection by any person during regular office hours at the Office of the City Clerk. SUMMARY:The Ordinance adds City Code Section 5.46 which establishes business regulations for Therapeutic Massage Enterprises and Therapists within the City. This Ordinance incorporates, by reference, City Code Chapter 1 and City Code Section 5.99, which contain provisions relating to penalties. 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 CITY COUNCIL AGENDA DATE: SECTION: Appointments January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.A. Office of City Manager Designation of Official City Newspaper Requested Action Move to: Adopt Resolution designating the Eden Prairie _as the official City newspaper for the year 2013. Synopsis This designation is required on an annual basis. The City Attorney determined both newspapers appear qualified under the statue. The Eden Prairie News has been the official newspaper since 2008 and for 27 years prior to 2003. The Sun-Current had been the official newspaper from 2003 through 2007. Attachments Eden Prairie News Bid Sun Current Bid Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2013- A RESOLUTION DESIGNATING THE OFFICIAL CITY NEWSPAPER BE IT RESOLVED,by the City Council of the City of Eden Prairie, Minnesota that the Eden Prairie be designated as the official City newspaper for the year 2013. ADOPTED by the City Council of the City of Eden Prairie, on this 8th day of January, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk ZT�C�T FWS �L��� ���� � TY� T� `�1 ]^u-�1r�l1� _ = Deoembmr24. 2012 Ma. Kathleen Foda, City Clerk City of Eden Prairie 8088 Mitchell Road Eden Prairie, yNinnmanta55344 Dear Ms. Porto. The Eden Prairie News would welcome the opportunity to serve as the ci1y'a legal newspaper in 2013. The Eden Prairie K|emo offers to publish legal notices for the city at m rate of $2.81 per column inoh, provided copy is submitted electronically via e'nnei| in generic text format or Microsoft Word docu- ment.The Eden Prairie News wants to do its part during these tough economic times and feels Vary strongly that the publishing of legal notices in the newspaper is of vital importance to local residents who wish to stay informed about the decisions being made by your elected body. If appointed the city's legal newspaper, notices submitted by the City of Eden Prairie will be posted on ourweba|te. vmwvxedenpraidenevva.com, free of charge. Newspapers can be published with different page sizes and column widths, which may not allow for an exact comparison in bids submitted by various entities. The Eden Prairie News column width is 1.75 inches wide, the typeface used is 7.5 Nimrod, and an estimated 9 lines of type will be printed in every inch published. Please contact us if the city would like assistance in completing cost compari- sons with other papers that have submitted bide for the legal newspaper appointment. Should the Eden Prairie News be appointed the oity'a |mge1 newspaper, m'nnai|ed |oga|oehwu|d be sent to: |ega|@mwpub.uom. Our deadline is 4 p.m. Thursday, preceding the next publication date; deadlines usually change during holiday weeks toaccommodate press schedules. Thank you for the opportunity to bid on this service. 'Respectful Mark eber 25D Prairie Center Drive,Suite 211. Eden Prairie,Minnesota 65344NN (QS2)842'7885 C LIU • MEDIA December 28, 2012 City of Eden Prairie Ms. Kathleen Porta 8080 Mitchell Road Eden Prairie, MN 55344 Dear Ms. Porta: The Eden Prairie Sun-Current would like to be considered for designation as the legal newspaper for the City of Eden Prairie for the upcoming year. A benefit to publishing your legal notices in the Sun-Current is the free home delivery we provide. Weekly home delivery of the Sun-Current results in the most convenient and timely method of distributing legal notices to area residents. Because Sun Newspapers provides the best source for community news,your legal notices have the greatest chance of being seen and read if published in the Sun-Current newspaper. All published legal notices are posted on our website, current.mnsun.com, at no additional charge. This enhancement to the local news coverage already available on our website will broaden the readership of your legal notices. The rate structure for legal notices effective the first of the year is as follows: $3.00 per column inch Characters per inch: 418 Lines per inch: 11 Pwo notarized Affidavits of Publication will be provided for each published legal notice.The Sun-Current is published every Thursday.The submission deadline is 2:00 p.m. on Thursday for publication the following Thursday.The email address to submit legal notices to is sunlegals@ecm-inc.com. If you require more information to help you make your decision, please contact Lisa Smith in our Legal Notice Department at 952-392-6829.Thank you for considering the Sun-Current for legal newspaper designation for the City of Eden Prairie.We appreciate the opportunity to serve the needs of your community. Sincerely, Jeff Coolman General Manager 10917 Valley View Road,Eden Prairie,MN 55344 • 952-392-6829 • current.mnsun.com CITY COUNCIL AGENDA DATE: SECTION: Appointments January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B. Resolution Designating the Official Meeting Office of the City Manager Dates, Time and Place for the City of Eden Prairie Council in 2013 and Appointing Acting Mayor Requested Action Move to: Adopt Resolution designating the official meeting dates, time and place for the City of Eden Prairie Council in 2013 and appointing Councilmember the Acting Mayor. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2013- A RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE COUNCIL IN 2013 AND APPOINTING ACTING MAYOR BE IT RESOLVED,by the City Council of the City of Eden Prairie, Minnesota, that they meet on the first and third Tuesdays of each month at 7:00 P.M. in the Eden Prairie City Center Council Chambers, 8080 Mitchell Road, Eden Prairie, MN 55344. Council Workshops will be held at 5:00 P.M. and Council Forums will be held at 6:30 p.m. prior to regularly scheduled Council meetings. Robert's Rules of Order will prevail. BE IT RESOLVED, that the only Council meeting in the months of April, July, August and November 2013 will be held on the third Tuesday of the month; and BE IT RESOLVED,that the first meeting of 2014 will be held on January 7; and BE IT FURTHER RESOLVED,that Council Member is hereby appointed to be the Acting Mayor in the absence of the Mayor. ADOPTED by the City Council of the City of Eden Prairie, on this 8th day of January, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Appointments January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.C. Office of City Manager Resolution Appointing Commissioners to the Eden Prairie Housing and Redevelopment A Al Requested Action MOTION: Move to adopt the resolution appointing City Council Members to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority; and appointing Nancy Tyra-Lukens as Chair; Rick Getschow as Executive Director and as Secretary for calendar year 2013. Synopsis This appointment requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2013- A RESOLUTION APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY WHEREAS,the Mayor has the authority to appoint the members of the Eden Prairie Housing and Redevelopment Authority (HRA); and WHEREAS,the Mayor has appointed the members of the Eden Prairie City Council, to- wit: Brad Aho, Sherry Butcher- Wickstrom, Ron Case, Kathy Nelson and Nancy Tyra-Lukens, to serve as the commissioners of the Eden Prairie HRA for terms of office concurrent with their terms as members of the Council; and WHEREAS,the Commissioners of the Housing and Redevelopment Authority in and for the City of Eden Prairie (HRA)have authority to make appointments. NOW THEREFORE,BE IT RESOLVED, that the City Council affirms the appointments made for the terms set forth above and hereby appoints Nancy Tyra-Lukens as Chair; Rick Getschow as Executive Director and as Secretary of calendar year 2013. ADOPTED, by the City Council of the City of Eden Prairie, on the 8th day of January, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Appointments January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D. Resolution Designating the Director and Office of the City Manager Alternate Director to the Suburban Rate Authority of 2013 Requested Action Move to: Adopt Resolution designating as the Director and as the Alternate Director to the Suburban Rate Authority. Synopsis This resolution requires approval on an annual basis. Council Member Case served as the Director and Public Works Director Robert Ellis served as the Alternate Director to the Suburban Rate Authority in 2012. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2013- A RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY BE IT RESOLVED,that the City Council of the City of Eden Prairie hereby designates as the Director and as the Alternate Director of the Suburban Rate Authority for 2013. ADOPTED,by the City Council of the City of Eden Prairie, on this 8th day of January, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Appointments January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.E. Office of the City Manager Appointment to the National League of Cities Requested Action Move to: Approve appointment of the Mayor as Delegate and Council Members as Alternates to the National League of Cities. Synopsis This appointment is approved on an annual basis. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 8, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.F. Office of the City Manager Appointment to the Municipal Legislative Commission Requested Action Move to: Approve appointment of the Mayor to the Municipal Legislative Commission. Synopsis This appointment is approved on an annual basis. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.G. Office of the City Manager Appointment to the Southwest Cable Commission Requested Action Move to: Approve appointment of to the Southwest Cable Commission. Synopsis This appointment is approved on an annual basis. Council Member Case served on the Southwest Cable Commission in 2012. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.H. Office of the City Manager Appointment to the Eden Prairie Foundation Requested Action Move to: Approve appointment of to the Eden Prairie Foundation. Synopsis This appointment is approved on an annual basis. Council Member Nelson has served on the Eden Prairie Foundation since 2008. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.I. Office of the City Manager Appointment to the I-494 Corridor Commission Requested Action Move to: Approve appointment of to the I-494 Corridor Commission. Synopsis This appointment is approved on an annual basis. Councilmember Aho has served on the I-494 Corridor Commission from 2005 to 2012. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.J. Office of the City Manager Appointment to the City and School Facilities Use Task Force Requested Action Move to: Approve appointment of to the City and School Facilities Use Task Force. Synopsis This appointment is approved on an annual basis. Council Member Butcher Wickstrom served on the City and School Facilities Use Task Force in 2012. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.K. Stuart Fox, Manager of Parks Appointment of Assistant Weed Inspector and Natural Resources Requested Action Move to: Appoint Jeff Cordes as Assistant Weed Inspector for the City of Eden Prairie. Synopsis Each year the City of Eden Prairie is requested to appoint an Assistant Weed Inspector for the City under the requirements of Minnesota Statutes, Chapter 18.80 and 18.81. The responsibility of the Assistant Weed Inspector is to enforce the local and state weed ordinances. Jeff Cordes has been doing this inspection work for the past several years, and he is familiar with the City ordinance and state law. Under State Statute, the Mayor is the City Weed Inspector and appointment of an Assistant Weed Inspector thereby relieves the Mayor or City Council of those duties as required by Minnesota State Statute. CITY COUNCIL AGENDA DATE: January 8, 2013 SECTION: Appointments DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.L. Rick Getschow, City Manager Appointment of Council Representative to Southwest Metro Transit Commission Requested Action Move to: Appoint Mayor Tyra-Lukens to Southwest Transit Board as the Eden Prairie City Council Representative for a three-year term to end December 31, 2015. Synopsis It is necessary for the City Council to appoint a Council Representative for a three-year term to end December 31, 2015. Mayor Tyra-Lukens has served as the Council Representative for 2012. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.M. Office of the City Manager Appointment to the Fire Relief Association Requested Action Move to: Adopt the resolution appointing and to the Eden Prairie Fire Relief Association. Synopsis State statute states that three municipal trustees are to be appointed to the fire relief association. They must be: • One elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually • The chief of the municipal fire department Council Member Ron Case and Finance Manager Sue Kotchevar served on the Fire Relief Association in 2012. The appointment of the Fire Chief is automatic according to statute. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2013- A RESOLUTION APPOINTING MEMBERS TO THE EDEN PRAIRIE FIRE RELIEF ASSOCIATION BOARD WHEREAS, MN Statutes 424A. 04 provides for three municipal representatives on the Fire Relief Association Board of Trustees; and WHEREAS, the three municipal trustees must be one elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually and the chief of the municipal fire department. NOW THEREFORE,BE IT RESOLVED, that the City Council appoints and to serve on the Eden Prairie Fire Relief Association Board of Trustees for 2013. ADOPTED,by the City Council of the City of Eden Prairie, on the 8th day of January, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent January 8, 2013 ITEM DESCRIPTION: ITEM NO.: XIV.N. DEPARTMENT/DIVISION: Civil Services Attorney Rick Getschow, City Manager Requested Action Move to: Reappoint Mr. Ric Rosow as Eden Prairie City Attorney beginning January 1, 2013. Synopsis In October, 2009, the City Council appointed Mr. Ric Rosow as Eden Prairie City Attorney for a period of three years from 2010 through 2012. Action needs to be taken at the first meeting in 2013 to appoint a civil services attorney. In a Plan B City, it is the responsibility of the City Manager to recommend a competent professional for the duty of City Attorney. The City Council has the discretion to approve or decline the City Manager's recommendation. Mr. Rosow's firm has represented the City as its City Attorney for over three decades. Mr. Rosow has provided the City with wise legal counsel during his tenure as the City Attorney. City staff is extremely pleased with the work of Mr. Rosow and his associates. Mr. Rosow has frozen his legal fees since 2008. He proposes a modest increase for his 2013 hourly fees related to general legal services and proposes no increase for litigation services. He does not make a fee commitment for subsequent years,but does commit to seek City approval before adjusting fees in future years of his contract. I recommend the City Council reappoint Mr. Ric Rosow as City Attorney beginning January 1, 2013. GREGERSON, ROSOW, JOHNSON & NILAN, LTD. ATTORNEYS AT LAW DAVID H GREGERSON 63[}THIRD AVENUC SOUTH ROBERT t LANG t I922-2012 ROGER RICIIARD i ROSOW* SUITE 1600 ROGERA.PAIJLY,OF COUNSEL MARE 1 JOIINSON`fi RAIN II A NII.AN•t MINNEAPOLIS,MINNESOTA 55402-4337 Also admitted in IIlinars DANIEI.R GREGERSON TELEPHONE: (612)338-0755 •A1sn admtucd in wisconsm 3Ust ILIA A DORMYt tAlsnadmillcdinNurt lrl}aIora EMERIC J,DWYER FAX:(612)34)G718 MSBA Board Certified Real Property Specialist SARAIIE SCHWARLHOFF WWW.GRJN.COM 't'IIEODORE J PAITON DANIEL A,ELLERBROCK# Writer's Direct Dial: 612-436-7477 JENNIFER M SPALDING Writer's E-mail'rrosowid'erjnxom December 31, 2012 Mr. Rick Getschow Eden Prairie City Offices 8080 Mitchell Road Eden Prairie, MN 55344 Re: 2013 Legal Billing Rates Dear Mr. Getschow: This letter will confirm my conversation with you where I proposed new rates starting January. 2013 for our civil representation. Our legal rates i'or civil work have not changed since January 2008. Our proposed rates for civil are as follows: 1. General Legal Services $155/hour for shareholders: $140/hour for associates; $85/hour for paralegal and law clerk. 2. Litigation and Personnel Matters involving Threatened/Pending Litigation $165/hour for shareholders $140/hour for associates; $85/hour for paralegal and Iaw clerk. 3. Development,Third Party Revenue Financing and other Projects for which legal fees arc paid by Applicant $275/hour for shareholders; $185/hour for associates; $85/hour for paralegal and law clerk. If you have any questions, please contact me. Very truly r , By 042—(11"-) Ri and Ras v CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XV.D.1. Jay Lotthammer, Director, Twins Community Fund Grant Award Parks and Recreation Motion Move to: Accept Grant Funding from the Twins Community Fund to Construct Fenced and Covered Players Benches Synopsis Staff worked with representatives of the Eden Prairie Baseball Association to submit a grant request to the Hennepin Youth Sports Fund. Although the project was not selected for funding under this program, it was resubmitted to the Twins Community Fund for consideration. Staff was recently notified that $29,700 was approved to help support the project. Construction activities will be initiated and supervised by city staff and additional funds of$39,300 will be contributed by the Eden Prairie Baseball Association. Attachments Letter of Notification a r .000000 COMMUNITY FUND December 11, 2012 Jay Lotthammer City of Eden Prarie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Jay: On behalf of the Twins Community Fund Board of Directors, and the entire Minnesota Twins Baseball Club, I am pleased to inform you that the City of Eden Prarie has been awarded a 2012 Twins Community Fund Hennepin County Youth Baseball and Softball grant of$29,700. These grant funds are to be used specifically for the project you described in your grant application. Enclosed is a grant agreement contract for you to complete and return by January 4, 2013. Your grant check, paid in full,will be sent once we receive your completed grant agreement. In order for us to deem your project complete,you must send us a progress report at 6 months (a form will be included with your grant check)and a final report, including details on how the Community Fund grant was used, receipts and photos of the finished work. We encourage you to announce this grant to your local media. We also ask that you please send us any copies of local media coverage on this grant. Congratulations on being selected for a Hennepin County Youth Baseball and Softball grant! We appreciate all that you do for youth baseball/softball in your community and look forward to working with you during the duration of this project. Sincerely, , Step anie Johnson Community Relations Manager Minnesota Twins and Twins Community Fund Enclosure Twins Community Fund•A 501(c)(3)Nonprofit Organization 1 1 Twins Way•Minneapolis,MN 55403•Executive Office:612.659.3400•www.twinsbaseball.com CORNERSTONE PARTNERS Q embank ® DE L T A PAY LESS