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Home My WebLink AboutCity Council - 03/05/2013 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MARCH 5, 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. GREEN MIDMARKET NEIGHBORHOOD Open Podium - Council Chamber II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 5, 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. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. EDEN PRAIRIE READS UPDATE B. MPCA CLOSED LANDFILL PROJECT UPDATE V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 19, 2013 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 19, 2013 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION APPROVING THE FINAL PLAT OF RILEY VIEWS C. AWARD CONTRACT FOR FINANCE DEPARTMENT REMODELING PROJECT TO DIVERSIFIED CONSTRUCTION D. ADOPT RESOLUTION AMENDING RESOLUTION 977,APPOINTING THE HISTORICAL SOCIETY THE CITY'S AGENT FOR THE HISTORICAL PROGRAMMING AND APPROVE SECOND RESTATED AND AMENDED LEASE AGREEMENT CITY COUNCIL AGENDA March 5, 2013 Page 2 E. ADOPT RESOLUTION GRANTING A 24-MONTH EXTENSION TO THE DEVELOPER'S AGREEMENT WITH LIBERTY PROPERTY TRUST (EDEN POINTE PARKING EXPANSION) IX . PUBLIC HEARINGS/MEETINGS A. RESOLUTION APPROVING ALLOCATION OF 2013 CDBG FUNDS B. RESOLUTION APPROVING LAYOUT FOR SOUTH SHADY OAK ROAD IMPROVEMENTS C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 11.03 RELATING TO CONVENIENCE GAS REGULATIONS IN ALL COMMERCIAL ZONING DISTRICTS X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. COMMISSIONS B. BOARD OF APPEAL AND EQUALIZATION C. CHAIRS AND VICE CHAIRS OF COMMISSIONS D. CHAIR AND VICE CHAIR OF BOARD OF APPEAL & EQUALIZATION XIV. 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 E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY CITY COUNCIL AGENDA March 5, 2013 Page 3 XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA REVISED DATE: March 5, 2013 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, March 5, 2013 TUESDAY, MARCH 5, 2013 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium,please contact the City Manager's office at 952.949.8412 by noon of the meeting date with your name,phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager's Office. IV. PROCLAMATIONS/PRESENTATIONS A. EDEN PRAIRIE READS UPDATE B. MPCA CLOSED LANDFILL PROJECT UPDATE V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 19,2013 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 19, 2013 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-E on the Consent Calendar. A. CLERK'S LICENSE LIST ANNOTATED AGENDA March 5,2013 Page 2 B. ADOPT RESOLUTION APPROVING THE FINAL PLAT OF RILEY VIEWS C. AWARD CONTRACT FOR FINANCE DEPARTMENT REMODELING PROJECT TO DIVERSIFIED CONSTRUCTION D. ADOPT RESOLUTION AMENDING RESOLUTION 977, APPOINTING THE HISTORICAL SOCIETY THE CITY'S AGENT FOR THE HISTORICAL PROGRAMMING AND APPROVE SECOND RESTATED AND AMENDED LEASE AGREEMENT E. ADOPT RESOLUTION GRANTING A 24-MONTH EXTENSION TO THE DEVELOPER'S AGREEMENT WITH LIBERTY PROPERTY TRUST (EDEN POINTE PARKING EXPANSION) IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTION APPROVING ALLOCATION OF 2013 CDBG FUNDS Official notice of this public hearing was published in the February 7, 2013,Eden Prairie News. Synopsis: The 2013 CDBG allocation has not yet been announced by the office of Housing and Urban Development(HUD). However, the Human Services Review Committee used the conservative estimate of$230,000 to make the funding recommendations as listed below. Once the actual amount is received, the funding for the Housing Rehabilitation Loan Program will be adjusted up or down based on this amount. The regulations stipulate that public service funding may not exceed 15 percent of the City's total allocation ($230,000), plus 15 percent of the previous year's program income. The Human Services Review Committee reviewed the 2013 CDBG proposals and recommended the following activities be funded. Funding County % of # Human Services Activity Level Priority Allocation 1 PROP Housing Support Services $25,000 High 11% 2 YMCA(Child Care Subsidy) $10,000 High 4% 3 Independent School District 272(Child Care) $5,000 High 2% 4 HOME(Household&Outside Maintenance for the $9,000 High 4% Elderly) 5 CAPSH(Emergency Vehicle Repair) $15,000 High 7% Subtotal $64,000 Housing Activities Funding County Level Priority 6 Housing Rehabilitation Deferred Loan Program $85,700 High 37% 7 Affordable Housing-WHAHLT $55,000 High 24% 8 Fair Housing Initiative $2,300 High 1% 9 Program Administration $23,000 High 10% Grand Total $230,000 ANNOTATED AGENDA March 5,2013 Page 3 MOTION: Move to: • Close the public hearing; and • Adopt the Resolution approving the use of 2013 CDBG funds as recommended by the Eden Prairie Human Services Committee. B. RESOLUTION APPROVING LAYOUT FOR SOUTH SHADY OAK ROAD IMPROVEMENTS Official notice of this public hearing was published in the February 21, 2013, Eden Prairie News and sent to 850 property owners. Synopsis: The Public Notice for the Public Hearing was published on February 21, 2013, in the Eden Prairie News. Individual notices were also sent to property owners and tenants along and adjacent to the Shady Oak Road corridor. Layout 2A provides a continuous 4-lane divided roadway with left and right turn lanes on Shady Oak Road extending over an expanded interchange at TH 212. In addition, multi-use trails are provided on both sides of Shady Oak Road for the entire length of the project. MnDOT has approved the layout and Hennepin County has provided a letter of concurrence with the layout. MOTION: Move to: • Close Public Hearing; and • Adopt Resolution Approving Layout No. 2A for the South Shady Oak Road (CSAH No. 61 ) Improvements at the TH 212 Interchange C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 11.03 RELATING TO CONVENIENCE GAS REGULATIONS IN ALL COMMERCIAL ZONING DISTRICTS Official notice of this public hearing was published in the February 21, 2013,Eden Prairie News. Synopsis: The proposed change is to amend the code to add convenience gas regulations to all commercial zoning districts. On January 8, 2013, the City Council approved the creation of the Airport Commercial Zoning District which included the following convenience gas regulations: (a) All buildings and pump canopies should have peaked roofs and relate architecturally in scale, proportion, materials and detail, and color with the building. ANNOTATED AGENDA March 5,2013 Page 4 (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. The Planning Commission voted 7-0 to recommend approval of the code change at the February 11, 2013, meeting. MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance amending City Code Section 11 .03 relating to convenience gas regulations in all commercial zoning districts, and adopting by reference City Code Chapter 1 and Sections 2.99 and 11 .99 which, among other things, contain penalty provisions. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. COMMISSIONS Synopsis: The City Council hosted Commission interviews on Tuesday, February 26, 2013. There were a total of 16 openings due to expiration of terms and resignations. The City received 23 applications - 17 from new applicants and 6 from commissioners reapplying for positions. All terms will begin on April 1, 2013. A required orientation session for new commissioners will be held on Thursday, March 21, 2013. ANNOTATED AGENDA March 5,2013 Page 5 MOTION: • Move to appoint to the Conservation Commission Laura Jester, Greg Olson and Prashant Shrikhande to terms ending March 31 , 2016 AND • Appoint to the Heritage Preservation Commission Deb Paulson with a term ending March 31 , 2014 AND Pamela Spera and Mark Frieberg with terms ending March 31 , 2016 AND • Appoint to the Human Rights and Diversity Commission Sandra Filardo with a term ending March 31 , 2015 AND Jennifer Buckland, Sana Elassar and Connie lacovelli with terms ending March 31 , 2016 AND • Appoint to the Parks, Recreation and Natural Resources Commission Mary Helena Moreno with a term to end March 31 , 2014 AND Debra McBride, Michael Balaen and Larry Link with terms ending March 31 , 2016 AND • Appoint to the Planning Commission Ann Higgins and Mary Egan with terms ending March 31 , 2016 B. BOARD OF APPEAL AND EQUALIZATION Synopsis: From 1992 through 2013, the City has appointed a special Board of Appeal and Equalization(also formerly named the Board of Review). The members are citizen volunteers that are active and knowledgeable, with extensive experience in the real estate market. The members are recruited by the City Manager and City Assessor and appointed annually with confirmation by the City Council. The City pays the members a per diem payment of$50 for all required training sessions and Board meetings. In 2003, the Minnesota legislature passed a law requiring members of Boards of Appeal and Equalization to attend a training session, developed by the Minnesota Department of Revenue, at least once every four years. The statute also requires that a member of the Board of Appeal and Equalization that attended training must be in attendance at the meeting. As a practical matter we try to have all of the members trained by the Department of Revenue. Mr. Walker attended training in 2012 and Mr. Johnson, Mr. Moquist and Ms. O'Connor will be attending Department of Revenue sponsored training on March 21 at Plymouth City Hall. The proposed members for Council approval are experienced ANNOTATED AGENDA March 5,2013 Page 6 real estate professionals with extensive knowledge of the Southwest metro area. • Jim Johnson of The Realty House is involved in the sale of single family properties in the southwest metro. • Lyndon Moquist of Edina Realty is involved in the sale of single family properties in the southwest metro. • Annette O'Connor of Coldwell Banker Burnet Realty is involved in the sale of single family properties in the southwest metro area. • Patricia Pidcock of Edina Realty is involved in the sale of single family properties in the southwest metro area and a former member of the City of Eden Prairie City Council. • Todd Walker of Coldwell Banker-Burnett is involved in the sale of single family properties in the southwest metro area. MOTION: Move to: Appoint to the Board of Appeal and Equalization Jim Johnson, Lyndon Moquist, Annette O'Connor, Patricia Pidcock and Todd L. Walker for the period of March15, 2013 through May 31 , 2013, or until the Board of Appeal and Equalization completes its work. C. CHAIRS AND VICE CHAIRS OF COMMISSIONS Synopsis: Chairs and Vice Chairs are appointed annually by the City Council following appointment of members to City Commissions. The City Council hosted Commission interviews on Tuesday, February 26, 2013, and determined Chair and Vice Chair assignments for the period of April 1, 2013, through March 31, 2014. MOTION: • Move to appoint Greg Olson - Chair and Kurt Lawton - Vice Chair of the Conservation Commission AND • Appoint Ed Muehlberg - Chair and Cindy Evert - Vice Chair of the Heritage Preservation Commission AND • Appoint Laura Kaczmarek - Chair and PG Narayanan - Vice Chair of the Human Rights and Diversity Commission AND • Appoint Hutch Coburn - Chair and Larry Link - Vice Chair of the Parks, Recreation and Natural Resources Commission AND • Appoint Jon Stoltz - Chair and Jacob Lee - Vice Chair of the Planning Commission ANNOTATED AGENDA March 5,2013 Page 7 D. CHAIR AND VICE CHAIR OF BOARD OF APPEAL & EQUALIZATION Synopsis: Chairs and Vice-Chairs are appointed annually by the City Council following the appointment of members to City Boards and Commissions. City Code Section 2.22, Subd. 5 Officers states, "the Council shall in March each year choose a chairperson and vice-chairperson for a Board or Commission to serve for a period of one year." To be eligible for consideration, City Code states, "a chairperson must have served one year on the Board or Commission before becoming eligible for appointment as a chairperson." MOTION: Move to appoint Patricia Pidcock — Chair and Lyndon Moquist — Vice-Chair of the Board of Appeal and Equalization. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PUBLIC WORKS DIRECTOR E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF G. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,FEBRUARY 19, 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 Council Member Case was absent. I. POINT OF SALE INSPECTIONS Building Official Kevin Schmieg presented a PowerPoint on the proposed point of sale (POS) inspections programs. Schmieg noted that the average age of a single family home in Eden Prairie is 28 years, and 25 years is the age at which major maintenance issues begin to arise. The POS inspections program concept was introduced to the City Council in 2006 as a part of the City's proactive property maintenance codes program. An informational Council Workshop on POS inspections was held in 2012, and the City Council asked staff to draft an ordinance that would include program details and address concerns voiced by area realtors. Any dwelling (single-family, two-family and multiple-family) for sale in Eden Prairie would be included in the POS inspection program. Schmieg said staff recommends requiring POS inspections at the time the home is listed for sale; however, the process would allow for the buyer and seller to negotiate responsibility for required repairs. Posting of the inspection report would be required during showings and open houses. Schmieg said items included in the inspections would be similar to those currently included in the exterior maintenance code and the rental inspection code. Items requiring repair or replacement include inadequate sanitation; structural, electrical,plumbing and mechanical hazards; and exterior maintenance deficiencies. Schmieg said the intent is not to require homes to be brought up to the current building code,but to address major maintenance and life safety issues. An appeals process would be included. Some realtors have also asked for a cap on the value of repairs based on a set percent of property value. Schmieg said he has some concerns with a cap when there may be life safety issues involved. Realtors have also asked that banks be required to comply with the process. City Council Workshop Minutes February 19, 2013 Page 2 Council Member Aho asked if having a POS inspection program would open the City up to liability. Schmieg said he does not believe it would,because the stated purpose of the program is to protect the public welfare, not individual owner-occupants. Mayor Tyra-Lukens asked how much the program would cost. Schmieg said there are several ways the program could be implemented. If the program is completely in-house, the City would have to hire two additional inspectors and provide clerical support at a cost of about $167,000 per year. If the program is completely outsourced, there would still be clerical costs of about $65,000 to $70,000. Schmieg said staff prefers a combination approach that offers the seller the option of using either a City inspector or an outside inspector. Outside inspectors would be tested and licensed by the City to ensure quality and consistency. He said Bloomington uses the combined approach, and it works well for them. If the wait for a City inspector gets too long, the seller can choose to use an outside inspector. The cost of the combined approach would be between $83,500 and$146,000. He said much of the cost of the program would be covered by the proposed inspection fee, which would be about$150-$170. Mayor Tyra-Lukens said she would like to see the program pay for itself Council Member Aho said he spoke to a representative of the Minneapolis Board of Realtors during his campaign, and that individual indicated their organization is not in favor of POS inspection programs. Chief Esbensen said City staff has met with realtors from each of the local agencies, and has crafted the proposed ordinance to address concerns and ensure that the program is not a hindrance to housing sales. He said over time, the program will benefit all realtors by maintaining the value of housing stock in Eden Prairie. He said his staff will reach out to the Minneapolis Board of Realtors to explain the proposed program and identify their specific concerns. II. RENTAL INSPECTION PROGRAM UPDATE Assistant Chief Tom Schmitz provided an update on the rental housing inspection program. He said there was more than $4 million in property and content loss due to fires in multi- family units from 2003-2006,prior to implementation of the program. From 2007 to 2012, there was slightly more than $500,000 in property and content loss due in multi-family units. He said much of the decrease in damage is attributable to the rental housing inspection program. In 2006, the City hired a full-time fire inspector, Rick Hammerschmidt, whose primary responsibility has been to develop and implement the rental housing inspection program. Initial inspections targeted high occupancy non-sprinklered building, followed by senior multi-family dwellings, and moving on to all other rental units. The program is designed to provide access to properties on a regular basis, with about 25% of rental housing stock being inspected each year. The program covers 34 multi-family rental complexes with 5,382 individual units and about 846 single-family rental units. Staff estimates there are about 100 single family rental units that are not currently licensed. The annual cost for the fire inspector is $99,000. In 2012, $96,500 in rental license fees was collected. Two part- City Council Workshop Minutes February 19, 2013 Page 3 time fire fighters assist with data entry and Building Department staff manages the licensing process. Open Podium - Council Chamber III. OPEN PODIUM IV. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,FEBRUARY 19, 2013 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 Case was absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS At 7:02 PM Mayor Tyra-Lukens opened the HRA meeting in shared session with the Council. The HRA meeting was closed at 7:04 PM. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow added Item VIII.E. He noted the State of Minnesota Office of State Administration requires the City of Eden Prairie to execute a Master Subscriber Agreement for Minnesota Court Data Services in order to provide the City with certain court data services. MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 5, 2013 MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of the Council workshop held Tuesday, February 5, 2013 as published. Motion carried 3-0-1,with Tyra-Lukens abstaining. CITY COUNCIL MINUTES February 19,2013 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 5, 2013 MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the minutes of the City Council meeting held Tuesday, February 5, 2013 as published. Motion carried 3-0-1,with Tyra-Lukens abstaining. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. APPROVE RELEASE OF AGREEMENT REGARDING SPECIAL ASSESSMENTS FOR LOT 1, BLOCK 3, BELL OAKS SECOND ADDITION B. APPROVE CHANGE ORDER NO. 2 FOR WATER TREATMENT PLANT SIDE 3 CLARIFIER RECOATING PROJECT C. APPROVE FOUR-YEAR CONTRACT WITH VISION INTERNET FOR WEBSITE HOSTING, UPGRADE, SUPPORT AND REDESIGN SERVICES D. ADOPT RESOLUTION NO. 2013-27 APPROVING EXECUTION OF A CONSENT AND A SUBORDINATION AGREEMENT FOR SUMMIT PLACE REFINANCING E. ADOPT RESOLUTION NO. 2013-33 APPROVING AGREEMENT WITH THE STATE OF MINNESOTA FOR DATA SERVICES MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve Items A-E on the Consent Calendar. Motion carried 4-0. IX . PUBLIC HEARINGS/MEETINGS A. VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENTS - OUTLOT A, MITCHELL CROSSING AND OUTLOT A,MITCHELL CROSSING 2ND ADDITION AND PART OVER, UNDER AND ACROSS LOT 1, BLOCK 1, EDENVALE RECREATION CENTER 2ND ADDITION VACATION 13-02 (RESOLUTION NO. 2013-28) Getschow said two of tonight's three public hearings deal with vacation of easements. The first one relates to the Mitchell Crossing apartment project. Official notice of this public hearing was published in the January 31, 2013,Eden Prairie News and sent to 7 property owners. The property owners have requested the vacation of the drainage and utility easements to facilitate the plat of Five Mitchell Crossing for new apartment construction. The drainage and utility easements to be vacated were originally dedicated with the plats of Mitchell Crossing, Mitchell Crossing 2nd Addition and Edenvale Recreation Center 2nd Addition. In order to accommodate a new apartment building on the lots, the property owners would like these underlying easements vacated and will dedicate all new drainage and utility easements with the plat of Five Mitchell Crossing. The release of the resolution CITY COUNCIL MINUTES February 19,2013 Page 3 vacating the drainage and utility easements shall be conditioned on the recording new dedicated drainage and utility easements on the plat of Five Mitchell Crossing. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing and to adopt Resolution No. 2013-28 vacating the public drainage and utility easements lying over, under and across Outlot A, MITCHELL CROSSING and Outlot A, MITCHELL CROSSING 2ND ADDITION and part over, under and across Lot 1, Block 1, EDENVALE RECREATION CENTER 2ND ADDITION, all in Hennepin County, Minnesota. Motion carried 4-0. B. VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENT LYING OVER, UNDER AND ACROSS LOT 1, BLOCK 2, RIVERVIEW HEIGHTS RE-PLATTED AS LOT 2, BLOCK 2,RIVERVIEW HEIGHTS 2ND ADDITION; VACATION 13-03 (RESOLUTION NO. 2013-29) Getschow said the property owners have requested the vacation of a part of the drainage and utility easement to facilitate the building of a new home. The drainage and utility easement to be vacated was originally dedicated with the plat of Riverview Heights and then re-dedicated over the same lot with the re-plat of Riverview Heights 2nd Addition. In order to accommodate a new home, the property owners would like a part of the easement vacated. The easement covers approximately half the lot and, except for an easement varying from 5 feet to 20 feet that will remain around the outside of the lot, it is not needed for drainage or utilities. Official notice of this public hearing was published in the January 31, 2013,Eden Prairie News and sent to 9 property owners. Steve Chicoine, 11530 Landing Road, said his property is located next to the vacant lot. He understood that this item is to allow for the construction of a larger home rather than a new home. He was not sure that larger is better. He has lived in his home for over ten years and has never had a problem with drainage or flooding issues. There is clearly a drainage area through the vacant property and he was concerned about how it would impact his property. He thought there was plenty of room to construct a house even with the easement in place so he was opposed to the vacation of the easement. Ellis said the current lot has been vacant for quite some time. It has steep slopes and he did not know why there was a large drainage and utility easement placed on the lot. A drainage and utility easement cannot be put on a lot with steep slopes because the lot could not be used for drainage. The easement for storm water and sanitary sewer will remain on the property. We have restrictions in place that require anyone who develops on a steep slope to come before the Planning Commission and the City Council for approval. He said staff believes the City would have a hard time defending a drainage and utility easement if we are not using it for that purpose. Getschow noted we have code in terms of lot size and setback independent of the easement that governs the type of home that can be constructed on the lot. Tyra-Lukens asked if this is a kind of"orphan" easement and if the adjoining lots have CITY COUNCIL MINUTES February 19,2013 Page 4 such easements on them. Ellis said he believed the adjoining lots have perimeter easements around them. There were a lot of restrictions placed on this lot for any type of development. For some reason those restrictions were never removed from this lot. There is a definite buildable portion of the lot where a home could be built. Tyra-Lukens noted there was a question about the size of the house that could be developed on the property and asked if we would have a hard time justifying the easement remaining. Ellis said that was our position when we were asked why the easement exists. It appears we don't have any plans for the easement. Beth Hustad, representing the property owner, said she was the original developer of the property. When it was developed they gave scenic easements in much of the area. There was a scenic easement in 1970 that expired in 1980. They re-platted the property with several scenic easements in this area as part of the new plat. They were not aware that the scenic easement remained on this lot. There is a building pad on the lot, and the easement would impair the building pad for a typical size home in this subdivision. MOTION: Butcher Wickstrom moved, seconded by Aho, to close the public hearing and to adopt Resolution No. 2013-29 vacating a part of the public drainage and utility easement lying over, under and across Lot 1, Block 2, RIVERVIEW HEIGHTS re-platted as Lot 2, Block 2, RIVERVIEW HEIGHTS 2ND ADDITION, Hennepin County, Minn. Motion carried 4-0. C. HOOVERSON ADDITION by Orin& Patricia Hooverson. Request for Guide Plan change from Parks/Open Space to Low Density Residential on .21 acres, Planned Unit Development Concept Review on .92 acres, Planned Unit Development District Review with waivers on .92 acres, Zoning District Change from Rural to R1-13.5 on .92 acres and Preliminary Plat of.92 acres into two lots. Location: 12151 Sunnybrook Road. (Resolution No. 2013-30 for Guide Plan Change; Resolution No. 2013-31 for PUD Concept Review; Resolution No. 2013-32 for Preliminary Plat) Getschow said official notice of this public hearing was published in the February 7, 2013,Eden Prairie News and sent to 23 property owners. This two lot single family subdivision conforms to the requirements of the R1-13.5 Zoning District. There is a wetland buffer width waiver from 25 to 10 feet for a portion of the wetland adjacent to the proposed home. This is part of a project where the City sold some remnant land to allow for the redevelopment of one existing home into two single family homes. Ellis said in October 2012 the City Council approved the purchase agreement for a strip of City property that was sold to Patricia and Orin Hooverson. Our desire was to try to clean up the corner at that location. A condition of the purchase agreement was that the structure on the property be removed and single family homes built in its place. The Guide Plan change is required because a 30-foot strip of the property was guided for parks and open space. This action will re-guide a strip of property to low density residential with the remainder staying guided parks and open space. CITY COUNCIL MINUTES February 19,2013 Page 5 Tyra-Lukens asked if the access for Lot 2 will go directly onto Homeward Hills and if the proposed driveway configuration is a requirement as she was concerned about how dangerous it would be to back out from the property onto Homeward Hills Road. Ellis said the requirement is that they be able to turn their vehicle around in order to exit onto Homeward Hills Road. Nelson asked if the wetland setback of the house would still be within the regular limits. Ellis said it would. The wetland buffer will be reduced from 25 to 10 feet but there will be a total of 25 feet from the wetland to the driveway or the structure. Nelson asked if this does not affect the structure setback. Ellis said it does not and staff was very conservative in delimiting the wetland. There were no comments from the audience. MOTION: Nelson moved, seconded by Butcher Wickstrom, to close the public hearing; to adopt Resolution No. 2013-30 for Guide Plan change from Parks/Open Space to Low Density Residential on .21 acres; to adopt Resolution No. 2013-31 for Planned Unit Development Concept Review on .92 acres; to approve 1st reading of the ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to R1-13.5 on .92 acres; and to adopt Resolution No. 2013-32 for Preliminary Plat on .92 acres into 2 lots. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Butcher Wickstrom, Nelson, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS A. FIRST AND SECOND READINGS OF ORDINANCE NO. 5-2013 CHANGING THE NAME OF COCHRAN LANE TO MARTIN DRIVE Getschow said Cochran Lane is being renamed Martin Drive from its intersection with Martin Drive to its intersection with Mitchell Road to provide consistency and ease of access for emergency vehicles to the new development. A portion of Martin Drive presently runs east of Mitchell Road and intersects with Cochran Lane. From there, Cochran Lane runs south and loops back to the west to intersect with Mitchell Road. With the new Dos Manitas Daycare Facility and Five Mitchell Crossing Apartment developments, there will be an increased need for emergency vehicles and it will be more consistent for the entire roadway to be named Martin Drive. There will be no business or residential addresses affected by the name change. Staff checked and is unaware of any conflict related to the new street name choice. Aho asked what Buca's street address is. Getschow said it is Mitchell Road. MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve First CITY COUNCIL MINUTES February 19,2013 Page 6 Reading and Second Reading of Ordinance No. 5-2013 changing Cochran Lane to Martin Drive from its intersection with Martin Drive to its intersection with Mitchell Road. Motion carried 4-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Aho moved, seconded by Butcher Wickstrom, to adjourn the City Council meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 7:27 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 5, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.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 Private Kennel Ernie Johnson &Jane Lumsden 17698 South Shore Lane West 2013 Renewal Licenses Private Kennel Michael Juntunen - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 5, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IEM NO.: VIII.B. Randy L. Slick Final Plat Report of Riley Views Public Works/Engineering Requested Action Move to: Adopt the resolution approving the final plat of Riley Views. Synopsis This proposal is for the plat located at 9400 Lake Riley Road and 18600 & 18700 Pioneer Trail. The plat consists of 13.4 acres to be platted into twenty eight single family lots, two outlots and right of way dedication for street purposes. Background Information The preliminary plat was approved by the City Council on December 4, 2012. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on January 8, 2013. Approval of the final plat is subject to the following conditions: • Receipt of street lighting fee in the amount of$3,528.36. • Receipt of street sign fee in the amount of$1,108.60. • The requirements as set forth in the Developer's Agreement. • Satisfaction of bonding requirements for the installation of public improvements. • Prior to release of the final plat, Developer shall provide to the City a current title insurance policy. • Prior to release of the final plat, Developer shall tender a warranty deed for proposed Outlots A and B for review and approval by the Director of Parks and Recreation Services. • Prior to release of the final plat, Developer shall furnish to the City and receive approval of a surety equal to 125% of the future street construction/connection from Aubrie Court to Pioneer Trail. • Prior to release of the final plat, Developer shall execute the Special Assessment Agreement for the trunk utility improvements in the amount of$84,228.20. • Prior to release of the final plat, Developer shall record and provide proof of filing the Development Agreement at the County Recorder and/or Registrar of Titles. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- A RESOLUTION APPROVING FINAL PLAT OF RILEY VIEWS WHEREAS, the plat of Riley Views has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Riley Views is approved upon compliance with the recommendation of the Final Plat Report on this plat dated March 5, 2013. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on March 5, 2013. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk RILEY VIEWS RN OW ALL PERSONS BY THESE PRESENTS:That MP,Honon,Inc.MinnesRa a Delaware Cmpmuinn fee owner,of the following deeaibahpmperty situated in Me St ale of Minnesota,County ofUetmepm,to win thenen.of Government Lot 1,Sectime unship 116,Range 22 lying NOMerly of the centerline of County Road No.lasdNOMees.y of a...Rs extensions deeaibed as follows:B gate mlersvtiao oohs NOMlmeofsam 0ovammI Lot l and WSSouteaatalrright of war oft.Chicago and..wester.iks&di ce South 39 degrees 46 minutes 18 seconds East assuming the Ninth line of Government lot I has a bearing of South 89 degrees 59 minutes 26 seconds East)a distance 0(330.85 feet to the centeAme of County Road No.I and therelammatmg,according tithe Governmet Survey thereof. Southeasterlyand That 116, 22,described as right of way Ike of the Chicago and NOMwenem Railroad;thence on an assumed bears$of South 89 degreS 59 mimme 26 seconds&at along the South line of said Government Lot a distance of66789 feet to EssSouth quarter-comer of said Section 19;nthence Nutt 38 degrees 52 minutes 07 seconds Westa.stance of46975 feet thence N5OwestWy along a mom curve concave to din NONeestheving a radius of 156.60 feet cell.angle of5degnees23 minutes,adistmke of 14.71 feet,to Me intersection with the Southeasterly right of way of said railroad;thence Southwesterly along said railroad right of way Ikea distance of524.70 feel to the point 0fbeg®g,according o the Government Survey thereof. and That pan ofGovemment Lot I,Section 30,Township116,Range22,described as beginning at the Northeast corner of said Government Lot 1;thence on an assumed bearing of North 89 degrees 59 minutes 26 seconds West alone the North line of said Government Lot I a distance of I;E93o89 feet toirs the secdan with the Southeasterly right of ay Ile of the Chicago and Northwesters Railroad;Oenee South 43 degrees 59 minutes 20 seconds Wat along said railroad right-of-way a distance of 517.92 feet:thence South 45 degrees 45minutes 53 seconds East distance of269.78 rat to the center fine dram.,Roadico.I;thence Northeasterly along said cents line to the m OSSO South with the East e of said Government Lot L thence North along said East 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 of said GOVminant Lot 1,and the Southeasterly nightof--way of the Chicago and Northwesters Rarhwd:thence South 39 degees46 minutes 18 seconds East(assuming the North line of Government Lot L has a healing of South 89 degrees 59 minutes 26 seconds East)a distance of330.85feet O the centerline of County Road No.I,and Mere lammaO,R That tut of Government Lots I and 2 and that pan of the Southeast Quarter of the Northwest Quarter,all M Section30,Township 116,Range 23 described as:Commencing at the mtersecEm of the North lire ®M Government ne of Govment Loll with the center line of the Chicago&Northwestern Railway right-of-way asdesm94 in Book 554 of Deeds, bearingpage 293,Document No.351456,thence on an assumed of South 43 degrees 59 minutes 20 seconds West along the center line of said railway right-of-way line adistance of 1383.65 fat thence South 62 degas 05 minutes 26 seconds East a distance of78.06 feel to theinmrsation with a line 75 feet Southeasterly of,masmed at a right northwesterlyangle to and parallel with Me above described said intersection the of Me land to be rig Comity Road No.1 Cam,Highway Plat No.6 recmdedin Herne*Book 70 of County Record,page 3831160;theme Nmueasterlyhalong the Nmwwestgralyright-of-way Noe ofsaaidb to the with a.which the Souhtheasn-ny right-of-way lime of said railway distant5n.9922f Smthwaterly from the Nutt line of said Government t l as measured along said Southeasterly light-of-way tint;thence North degrees 45 minutes 53 seconds West a distance of216feet to the intersection with a line 5 feet Southeasterly of,measmed at right angles to and parallel with Me centerline of said railway;thence Southwesterly along said parallel line to the point of Has caused th,same to be surveyed and platted as RILEY vlEwS and does hereby donate and dedicate tu Me pubE9 for0ub69 use forever Me Pub.,wary and the aseme s fordukege and udiitTMT.as showmen this plot to witness whereof D.R.Horton,Inc.-Minnesot,a Delaware Comm..has caused these presents to be signed by improper Of.Eo day of 20 lames Slaikeu,Vice President STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instilment was aelmowledged before met y y James Slatkeu,Vice President on behalf of said aorporntien. My Commission Expires: Notary Public,Hennepin C.oulny,Minneioia Notary Prated Name David B.Pemberton do certify that this plat was prepared by me or under my direct supervision;that l am a duly Licensed Land Surveyor in the State of Mimeso0;that this plat k a camtrpresenktion of the boundary sure correctly gm m plat,that all monuments demoted on the y have been or will be correctly set within one year;that all water boundaries and wetlands,as defined by Minnesota Statute,Section 505.01,Solid.3,as of Me date of this certificate me shown and labeled on this plat;and all public ways welshownmWl labeled on this Mar Dated this_day rf 20_ Dand B.Pemberton,Licensed Land Surveyor Minnesota License No.40344 STATE OF MINNESOTA COUNTY OF HENNEPIN Thisrnstmmenl was echvowledged before me NH day y David B.Pemberton. My C,ommission Expires: Notary Public,Hennepin County,Mimeeak Notary Printed Name This plat of RILEY IBwS was approved and accepted by the pry Council of Eden Prahrt,Mknemm at aregulmmeukg h04194 pp tile,the writtenwmmenm and rw5mmwd0Nms of the Commissioner of Transportation=die County Highway Engmcahavebemmcelv5 by., City or the prescribed 30 day paiad has elapsed without receipt of such comments and rec0mmendadens,as provided by Minnesota Statutes,Sectia 50503,Subdivision 2. By: Mayor By: Manager oeAR MIT,i Hennepin C ,SERVICES Ili y y thattaxes payable ra and Om.yeas have Nen paid for land described an Msplat.Dated this day of 2011. Jill L.Alvaeon,Hennepin County Audior By Depuy SURVEY DIVISION Hennepin County,Minnesota Pursuant.Minnesota Statutes Section 383B.565(1969),this plot has been apinoved.leis day of .20 William P.Brow,Hennepin County Surveyor By, REGISTRAR OF TITLES Hennepin County,Minnesota I hereby certify that the withMplat of RILEY VIEWS was filed in this ofEce this_day of 20_,at_o'clock_.M.a2„ SATHRE-BERGQUIST,INC. MichaelH.omniff,Regstm,nfTlth army SHEET 1 OF 4 SHEETS / 7/ i!RILEY VIEWS, R.T.DOC.NO. il /` ,- / / cif./Si Iw /Q0 d4'' R 158.801 W !�y /Oe•,,,�/ 4\A=5°21'31' l //. A 14 y a&:Ra � If gli /`��° / / 4 ,; Atlp NORTH / r6/ ;4440V .•,6.RGE-- s\ Rrgq 00 50 0 10 " " „.,M "'a\//<�. ,ey' "s"0,„. s srw�61NrEE,' „�„gar,''''' �6 --� oir " - x:�«.,..,t,a� r) -' SeM,42w10.1n -- sm,i.zwam02 dfj— � " OwAai* a.,sa.m,..t,aaa.>s S. -- or ,b �\ a alum µo txxax Ei MAO. �� The basis for.SEEM mt.is the rouNeaMis.Lof-war lme 4.Chi.and et' ` = �mc„anr6e„�6,h Oa 1F IS / 0/ r INSET•' . 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O Dena«.FO.m C.Nxon-Mmnnm / A4' ' / qory V. 1' \ 5 'lz:Z'>p4's,4� °f 1 ) ti oRAwACEANNCixITTE \ :y/ J' 4 '" nzz isi'ts.utE SHOWN THUS: \ e0," ""�Q ...17.22 5'1W =1 I 0 589°2Y38'E 183.87 �° • 8,�Y a`� 3'7\J/ Q h y3 Zr NOT TO SCALE I (N //A //-A BB"4518 \\.. /4' .^S ;aN.na.a,oioAT N line,v..TOA . sae: ,y�//.t m fi / inAaaie4�nd ownw in e.nsa amnadu wm.fway In. a P\ / y //� \\v yN Ala 'Wt>g '''Rota \.. ry4 0 SATHRE-BERGQUIST,INC. SHEET 4 OF 4 SHEETS CITY COUNCIL AGENDA DATE: March 5, 2013 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Paul Sticha, Administration, Finance Improvements Facilities Requested Action Move to: Award the contract to build offices, paint the finance area, and enclose an open closet in the Finance Department to Diversified Construction in the amount of$30,286.00 Synopsis Base Bid Integrity Remodeling $32,901.00 Diversified Construction $30,286.00 Background Information • There is a need for offices for staff that supervise others and for staff that handle confidential information. • A floor plan was developed and proposals were solicited from two well known construction firms that have been successful bidders on other City projects, including remodeling at our Liquor Stores, the Outdoor Center and the Community Center. • Staff recommends awarding the contract to Diversified Construction, the low bidder. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda March 5, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Resolution Appointing the Historical Society Richard F. Rosow, City Attorney City's Agent for the Historical Programming and Approve Second Restated and Amended Lease Agreement Requested Action Move to: • Adopt the Resolution amending the City Resolution 977 (1975)to appoint the Eden Prairie Historical Society(EPHS) as the City's agent for the purpose of maintaining public access to the Cummins Grill House through historically related programming and educational tours and for other events sponsored by the Eden Prairie Historical Society; and • Approve the second restated and amended lease agreement Synopsis The City and the EPHS are parties to that certain lease of the Cummins Grill House dated March 9, 2010 as amended by that certain First Amended and Restated Lease Agreement. The City agreed to request that the League of Minnesota Cities Insurance Trust provide insurance coverage to the EPHS, its members, officers, and volunteers through the insurance provided to the City. The League reviewed various documents including City Resolution 977 adopted in 1975 by which the City designated the EPHS as the official body of the City for the purpose of collecting historical information and artifacts and the dissemination and publication of historical information relating to the history and development of the City. The League will provide the requested insurance coverage to the EPHS either as an additional insured on the City's insurance or through a separate policy if the City amends Resolution No. 977 to appoint the EPHS as the City's agent for the purpose of maintaining public access to the Cummins Grill House through historically related programming and educational tours and for other events sponsored by the Eden Prairie Historical Society. The First Amended and Restate Lease Agreement contained an inaccurate reference in paragraph 2.c. to another paragraph in the Lease. The Second Amended and Restate Lease Agreement corrects that reference. In addition a provision was added to clarify when net revenue is to be reported to the City. Attachments • Resolution • Resolution 977 (1975) • Second Amended and Restated Lease Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- A RESOLUTION AMENDING RESOLUTION NO. 977 WHICH DESIGNATES THE EDEN PRAIRIE HISTORICAL SOCIETY AS THE DEPOSITORY OF THE HISTORICAL INFORMATION FOR THE CITY OF EDEN PRAIRIE WHEREAS, in 1975 the City Council of Eden Prairie designated the Historical Society as the depository of the historical information for the City of Eden Prairie by adopting Resolution No. 977. WHEREAS, the City Council desires to amend the Resolution to provide that, in addition to being the depository of all historical information, the Eden Prairie Historical Society is the City's agent for the purpose of maintaining public access to the Cummins Grill House located at 13600 Pioneer Trail, Eden Prairie, MN through historically related programming and educational tours and for other events sponsored by the Eden Prairie Historical Society further described in paragraph 2 of that certain Lease Agreement entered into between the Eden Prairie Historical Society and the City of Eden Prairie dated March 22,2010,whether those activities are carried out on the leased premises or elsewhere; and WHEREAS, the Eden Prairie Historical Society was organized in June of 1969 and is affiliated with the Minnesota Historical Society, the Hennepin County Historical Society, and the Association of Hennepin County Historians; and WHEREAS, the Eden Prairie Historical Society was organized to obtain and preserve for the benefit of the general public such historical information and artifacts as it, in its opinion, deems necessary and property to preserve and illustrate the history of the City of Eden Prairie; and WHEREAS, the Eden Prairie Historical Society will, as part of its objective, to the best of its ability, gather such material, classify, catalogue,and properly display the same; and WHEREAS,the Eden Prairie Historical Society will be a benefit for all of the citizens of the City. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT the Eden Prairie Historical Society is hereby designated as the official body for the City for the purpose of collecting historical information and artifacts and the dissemination and publication of historical information relating to the history and development of the City of Eden Prairie and that the Eden Prairie Historical Society is hereby designated as the City's agent for the purpose of maintaining public access to the Cummins Grill House located at 13600 Pioneer Trail, Eden Prairie, MN through historically related programming and educational tours and for other events sponsored by the Eden Prairie Historical Society further described in paragraph 2 of that certain Lease Agreement entered into between the Eden Prairie Historical Society and the City of Eden Prairie dated March 22, 2010, amended by that certain First Amended and Restated Lease Agreement dated January 20, 2012 and further amended by that certain Second Amended and Restated Lease Agreement dated March 5, 2013, whether those activities are carried out on the leased premises or elsewhere. ADOPTED by the Eden Prairie City Council on March 5, 2013. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 977 A RESOLUTION DESIGNATIIIG THE EDEN PRAIRIE HISTORICAL SOCIETY AS THE DEPOSITORY oi" HISTORICAL INFORMATION FOR TEE CITY OF EDEN PRAIRIE . Si dEREAS , the Eden Prairie Historical Society was organized in June of 1969 and is affiliated with the Minnesota Historical Society, the Hennepin County Historical Society, and the Association of Hennepin County Historians ; and WHEREAS, the Eden Prairie Historical Society was organized to obtain and preserve for the benefit of the general public such historical information and artifacts as it, in its opinion, deems necessary and proper to preserve and illustrate the his tory of the City of Eden Prairie ; and WHEREAS, the Eden Prairie Historical Society will as a part of its objective , to the best of its ability, gather such material , classify, catalogue, and properly display the same ; and WHEREAS , the said historical society will be a benefit for all of the citizens of the City . NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that the Eden Prairie Historical Society be, and it hereby is , designated as the official body for the City for the purposes of collecting historical information and artifacts and the dissemination and publication of historical information relating to the history and development of the City of Eden Prairie. ADOPTED by the City of Eden Prairie this__ 8th day of April 1975 . • 7.-fj--t- ---1:Z* ' David W. Osterholt , Mayor ATTEST: n � Joh, - Frane,�4City Clerk /` / J, SECOND AMENDED AND RESTATED LEASE AGREEMENT FOR USE AND IMPROVEMENT OF THE CUMIVHNS-PHIPPS-GRILL HOUSE This Second Amended and Restated Lease Agreement (hereinafter referred to as the "Restated Lease") is made as of the 5th day of March, 2013 by and between City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota("City"), and Eden Prairie Historical Society, a non-profit corporation organized under and pursuant to Minnesota Statutes, Chapter 317, and presently governed by Minnesota Statutes,Chapter 317A("EPHS"). WHEREAS it is the goal of this Restated Lease to provide community use of the John R. Cummins Farmhouse and Grounds (commonly knows as Cummins-Phipps-Grill House and hereinafter referred to herein as CPG House) located at 13600 Pioneer Trail, Eden Prairie, Minnesota and to protect and preserve the historic integrity of the CPG HOUSE through this Restated Lease between the City of Eden Prairie and the Eden Prairie Historical Society. The Grounds are identified on the attached Exhibit A. WHEREAS EPHS was designated by City in Resolution 977 as the official body for City for the purpose of collecting historical information and artifacts and the dissemination and publication of historical information relating to the history and development of Eden Prairie. WHEREAS the CPG HOUSE was added to the National Register of Historic Places in 1982. WHEREAS City and EPHS desire to enter into this Restated Lease whereby EPHS leases the CPG HOUSE from City for the purpose of maintaining public access to the CPG HOUSE through 1 historically related programming and educational tours and for other events sponsored by the EPHS. WHEREAS the City and EPHS are parties to that certain Lease Agreement For Use and Improvement of the Cummins-Phipps-Grill House dated March 9, 2010 and that certain First Amended and Restated Lease Agreement dated the 20th day of January, 2012 (collectively the "Lease");and WHEREAS the City and EPHS mutually desire to restate and amend the Lease in its entirety on the terms and conditions set forth herein. NOW THEREFORE,the parties mutually agree: 1. Term: Rent. a. Initial Term. City hereby leases CPG HOUSE for a term of five (5) years commencing on April 1, 2010, and terminating on March 31, 2015 unless extended or sooner terminated as hereinafter provided. EPHS shall pay to City as and for Base Rent for the CPG HOUSE annual rental of$1.00 per year. Said annual rental shall be paid in advance on the first day of April each year during the term of this Restated Lease at the address of the City as hereinafter set forth or such other place as the City may, from time to time, designate in writing, commencing on the 1st day of April, 2010. All other obligations of EPHS hereunder shall be paid in addition to the rental established by this section. 2 b. Renewal Option. Subject to the terms provided herein, and provided EPHS is not in default as provided in this Restated Lease, including a default as set forth in subparagraph 2 (b) hereof, CHG shall have one (1) option to extend the term of this Restated Lease for a period of five (5) years ("Renewal Option"). The Renewal Option granted to EPHS in this Restated Lease is personal to EPHS and may be exercised only by EPHS. The Renewal Option herein granted to EPHS is not assignable, separate and apart from this Restated Lease, nor may the Renewal Option be separated from this Restated Lease in any manner, whether by reservation or otherwise. The Renewal Option shall be exercised, if at all, by written notice delivered by EPHS to City not later than six (6) months prior to the end of the initial term of this Restated Lease together with a new five year plan detailing its plans for programming at CPG HOUSE during the Renewal Option Term. Provided EPHS is not in default under this Restated Lease and has properly and timely exercised the Renewal Option, the initial term of this Restated Lease shall be extended by the Renewal Option Term, and all terms, covenants and conditions of the Restated Lease shall remain unmodified and in full force except the new five year plan submitted for the Renewal Option shall be substituted for the Plan referred to in subparagraph 2 (b). 2. Use of CPG HOUSE. a. EPHS shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises and its occupancy and shall promptly comply with all governmental orders and directions for the correction, prevention and 3 abatement of any violations in or upon, or in connection with, the Premises, all at EPHS's sole expense. Subject subparagraph 2 (d), EPHS may use the CPG HOUSE for the purpose of maintaining public access to the CPG HOUSE through historically related programming and educational tours and other events sponsored by the EPHS. EPHS use of the CPG HOUSE shall at all times be consistent with and in support of the historical nature of the CPG HOUSE. The EPHS will provide all programming supplies for programs under its direction or the direction of others, including tools and amenities such as food preparation equipment, cleaning supplies, brooms, pitchers, coffee makers, etc. The EPHS shall control catering and food use inside the CPG HOUSE. Subject to subparagraph 2 (c) EPHS may enter into agreements with other persons or entities for the use of the CPG HOUSE provided such use is in furtherance of the EPHS's purpose of maintaining public access to the CPG HOUSE through historically related programming and educational tours. Subject to written approval of City, which approval is within the sole discretion of City, EPHS may rent the CPG HOUSE for special events such as private meetings or social gatherings so long as the rental income derived by EPHS is used to support the operations and programs of the EPHS. EPHS shall not perform any acts or carry on any practices which may injure the CPG HOUSE. No event shall be held by or through EPHS at which it is anticipated that more than 30 people will attend on a date on which City has scheduled an event at the Staring Lake Park without prior written permission from City. b. EPHS shall submit to City no later than April 1, 2010, a five year plan ("Plan") detailing its plans for programming at the CPG HOUSE. Upon submission of the Plan 4 to City, the Plan shall be initialed by both EPHS and City and attached to this Restated Lease as an addendum. Failure of CPG HOUSE to make progress on fulfillment of the Plan, as determined by City in its sole discretion, shall be a default under this Restated Lease. c. 50% of Net Revenue generated by EPHS pursuant to subparagraph 2 (a) shall be placed into a capital improvement fund to be used to pay a portion of the costs of alterations, renovations or improvements undertaken by EPHS pursuant to paragraph 7. All capital improvement expenditures by EPHS shall be made only after written approval from City. Net Revenue is defined as all proceeds from programming and rental activities undertaken by EPHS at CPG HOUSE minus all expenses related to such programming and rental. For purposes of this Restated Lease a capital improvement is the addition of a permanent structural improvement or the restoration of some aspect of the CPG HOUSE that will either enhance the overall value or increases the useful life of the CPG HOUSE. Examples of capital improvements are: • installing new doors or windows or replacing doors and windows • replacing a roof • installing an air conditioning or ventilation system • installing a fire suppression system or a burglar alarm system • replacing or upgrading plumbing, electrical and sewer services • installing or altering walls, ceilings and stairways. Examples of items that are not capital improvements are: • wallpapering and painting 5 • caulking seams • repairing a roof • mending plaster • tuck pointing • installing light fixtures, plumbing fixtures, appliances and furnishings that are not integral to the building structure and do not require alterations to the walls, ceiling, HVAC or electrical/plumbing systems. Net Revenue shall be reported to the City no later than 60 days after the end of each quarter. d. The area of the Grounds available for use by EPHS pursuant to this Restated Lease is identified on Exhibit A. The outbuildings are not included in the area available for use by the EPHS. The Grounds are subject to management by City pursuant to that certain Cultural Landscape Management Plan dated 2009, as the same may be amended from time to time. The EPHS's use of the Grounds shall not damage or interfere with the development or establishment of the Cultural Landscape Management Plan. No personal property shall be stored or placed on the Grounds without the prior written consent of City. 3. Promotion and Marketing: EPHS will comply with all city, state and federal laws, codes and ordinances when displaying or distributing marketing and promotional materials. EPHS will be responsible for the design and production of promotional and marketing materials. City may display EPHS promotional materials where possible and appropriate. EPHS will provide program information to the City for possible inclusion in City produced and 6 distributed promotional materials. 4. Exclusive Lease: This lease to EPHS is exclusive. EPHS will control access to and use of the CPG HOUSE subject to the terms of paragraph 14 hereof. 5. Building Contents: EPHS shall provide all furniture, fixtures, interior finishing items and equipment in the CPG HOUSE. 6. Insurance: City shall, subject to the consent of its insurer, continue to list the CPG HOUSE in its "Schedule of Covered Property" on its Comprehensive Municipal Property and Casualty Coverage insurance policy. City shall also request that its insurer adds EPHS, its members, officers, and volunteers as either an additional insured or confirm that they are a "covered party" under its Comprehensive Municipal Coverage. EPHS shall name City as an additional insured on any property and casualty coverage and comprehensive liability insurance policy it obtains. 7. Alteration or Improvement of CPG HOUSE. EPHS may not alter, renovate or improve the CPG HOUSE without the prior written consent of City. All alterations, renovations or improvements shall be made under the direct supervision and control of City. Any alterations, additions and improvements which may be made or installed by the EPHS shall remain upon the CPG HOUSE and at the termination of this Restated Lease shall be surrendered with the CPG HOUSE as a part thereof. EPHS will finance and pay for capital improvements to the CPG HOUSE in a manner which is compliant with the standards for treatment of historical properties adopted by the U.S. Department of Interior codified in 36 CFR Part 68, utilizing the Rehabilitation standards defined in 36 CFR Part 68.22(b) and set 7 forth in 36 CFR Part 68.3(b), as the same may be amended from time to time. City will cooperate with EPHS on approved capital improvement projects desired by EPHS, but City will not be required to contribute monetarily to such improvement projects. EPHS agrees it will during the time any alterations, renovations or improvements are being made to the CPG HOUSE: (i) carry or cause the contractor performing such alterations or improvements to carry public liability insurance in an amount no less than $1,000,000 per occurrence and $2,000,000 in the aggregate and (ii) comply with Minnesota's Workers' Compensation laws regulations and rules, including Minnesota Statutes Chapter 176. EPHS will indemnify and save City harmless from any and all liens for labor, materials and supplies which may arise by reason of any alterations or improvements made by or at the request or on behalf of EPHS. 8. Maintenance. Repair. Replacement The City will maintain the foundation, slab, exterior walls, roof, downspouts and gutters and structural elements of the CPG HOUSE in good repair, ordinary wear and tear excepted, and compliant with local building and occupancy codes, consistent with property management practices for other City owned historic buildings. EPHS shall maintain all other elements of the CPG HOUSE. The City will provide housekeeping custodial supplies to the CPG HOUSE. EPHS will provide light maintenance and custodial duties in the CPG HOUSE. 9. Utilities and Services: City shall pay the cost for lawn care, snow removal, landscaping, trash collection and disposal, natural gas, telephone and interne. City shall pay for municipal water and sewer charges only if and when such utilities are extended to the CPG HOUSE. The cost of extending water and sewer to the CPG HOUSE shall be the 8 responsibility of EPHS. Landscaping shall be performed pursuant to the City's Cultural Landscape Management Plan on file in the office of the Director of Parks and Recreation. City shall not be liable in damages or otherwise for failure to furnish such services where failure or interruption is due to causes beyond City's reasonable control. 10. Surrender and Termination. On the last day of the term of this Restated Lease or on the sooner termination hereof, the EPHS shall peaceably surrender the CPG HOUSE in good condition and repair, ordinary wear and tear excepted, consistent with the EPHS's duties to make repairs as provided in Section 8 hereof. 11 Eminent Domain. If the whole or any part of the leased CPG HOUSE shall be taken by any public authority under the power of eminent domain, or is sold to any entity having the power of eminent domain under threat of condemnation, then the term of this Restated Lease shall cease on the date possession shall be required for any public purpose. 12. Fire or Other Casualty. If the CPG HOUSE is wholly or partly destroyed or damaged by fire or other casualty, the EPHS shall have the right to terminate this Restated Lease, provided it gives written notice thereof to the City within ninety (90) days after such destruction. 13. Default If the EPHS shall default in the payment of any installment of Base or Additional Rent, or in the observance or performance of any of EPHS's other covenants, agreements or obligations hereunder, more than thirty (30) days after forwarding written notice of such default to EPHS, in the manner provided for herein, if such default shall not have been cured 9 by EPHS, City shall have the right, upon the expiration of fifteen (15) days after written notice of such intent is given to EPHS, to (i) terminate this Restated Lease, in which event the Term hereof shall expire and terminate with the same force and effect as though the date set forth in said notice were the date originally set forth herein and fixed for the expiration of the Term, and/or (ii) re-enter the CPG HOUSE and remove all persons and property therefrom and have, regain, repossess and enjoy the CPG HOUSE, anything herein to the contrary notwithstanding, and EPHS hereby expressly waives the service of any additional notice in writing of intention to reenter as aforesaid, and also all rights to restoration to possession of the CPG HOUSE after reentry or after judgment for possession thereof In case of any such termination, EPHS will indemnify City against all loss for rents, storage costs for EPHS property removed from the CPG HOUSE and other damages which it may incur by reason of such termination during the residue of the term of this Restated Lease, and also against all fees and disbursements of counsel incurred in enforcing any of the terms of this Restated Lease. 14. City Access to CPG HOUSE. City reserves the right to enter the CPG HOUSE upon reasonable notice for the purpose of assuring compliance by EPHS of all of the terms and provisions herein contained or for the purpose of exercising rights of City otherwise provided by law. 15. Assignment or Subleasing. Except as allowed in paragraph 2 EPHS may not sublease the CPG HOUSE or assign this Restated Lease without the prior written consent of City provided however in the event City grants its consent, no such subletting or assignment shall relieve the EPHS of its duties and obligations hereunder. 10 16. Renewal. This Restated Lease shall not automatically renew. Prior to the expiration of this Restated Lease City and EPHS may enter into an agreement for renewal of this Restated Lease upon such same terms and conditions are agreed to at the time. 17. Subordination. The EPHS agrees that at City's election this Restated Lease shall be subordinate to any indenture, land lease, mortgages or trust deeds, or other form of security encumbrance now on or placed on the CPG HOUSE and to any and all advances to be made thereunder, and to the interests thereon, and all renewals, replacements, and extensions thereof. The EPHS hereby appoints the City as its attorney-in-fact to execute such documents as may be required to accomplish such subordination. 18. Amendment. Modification or Waiver. No amendment, modification, or waiver of any condition, provision or term of this Restated Lease shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by its duly authorized representative, and specifying with particularity the extent and nature of such amendment, modification, or waiver. Any waiver by any party of any default or another party shall not affect or impair any right arising from any subsequent default. 19. Severable Provision. Each provision, section, sentence, clause, phrase, and word of this Restated Lease is intended to be severable. If any provision, section, sentence, clause, phrase or work hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Restated Lease. 20. Entire Agreement. This Restated Lease contains the entire understanding of the parties hereto with respect to the transactions contemplated hereby and supersedes all prior agreements 11 and understandings between the parties with respect to such subject matter. No representations, warranties, undertakings, or promises, whether oral, implied, written, or otherwise, have been made by either party hereto to the other unless expressly stated in this Restated Lease or unless mutually agreed to in writing between the parties hereto after the date hereof, and neither party has relied on any verbal representations, agreements, or understandings not expressly set forth herein. 21. Captions. Headings or Titles. All captions, headings, or titles in the sections of this Restated Lease are inserted for convenience or reference only and shall not constitute a part of this Restated Lease as a limitation of the scope of the particular sections to which they apply. 22. Governing Law. This Restated Lease shall be construed and enforced in accordance with the laws of the State of Minnesota. 23. Force Majeure. If the EPHS or City shall be delayed, or hindered, or prevented from the performance of any act required hereunder by reason of riots, insurrection, war, or acts of God, then performance of the act shall be excused for the period of delay, and the period for performance shall be extended for a period equivalent to the period of delay. 24. Notices. Every notice, approval, consent or other communication authorized or required by this Restated Lease, shall be effective if given in writing and sent by United States registered or certified mail, return receipt requested, with postage pre-paid, and addressed to City or EPHS at the following addresses or such other addresses as either party may, from time to time, designate in writing. Any such notice shall be deemed given as of the date of 12 the postmark thereof. If to City: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 If to EPHS: Eden Prairie Historical Society Eden Prairie, MN 55344 25. City Approval. Unless otherwise specified herein, whenever approval of the City is required under the terms of the Restated Lease, that approval shall be given by the City Manager or such person as the City Manager designates in writing from time to time to give approval on behalf of the City. IN WITNESS WHEREOF, the parties hereto have executed this Restated Lease the day and year first above written. 13 CITY: CITY OF EDEN PRAIRIE By Its Mayor By Its City Manager 14 EPHS: EDEN PRAIRIE HISTORICAL SOCIETY By Its By Its 15 CITY COUNCIL AGENDA DATE: March 5, 2013 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Community Development Janet Jeremiah Eden Pointe Parking Expansion - Extension of Michael Franzen Developer's Agreement Requested Action Move to: Adopt the Resolution granting a 24-month extension to Developer's Agreement between Liberty Property Trust and the City of Eden Prairie. Synopsis Liberty Property Trust requests an extension to its Developer's Agreement, which expires March 15, 2013. The property is located at 7300 & 7400 Flying Cloud Drive. Background Information Liberty Property Trust received City Council approval for Eden Pointe Parking Expansion for an expansion of the parking lot more fully described in a Developer's Agreement dated March 15, 2011. A condition of the Developer's Agreement states that if the project does not proceed within 24 months of the date of approval, the Developer would not object to City Council action to revoke the approvals granted, thus restoring the property to the status prior to the project approval. Attachments • Resolution • Letter from Liberty Property Trust dated February 13, 2013 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2013-36 A RESOLUTION GRANTING EXTENSION TO THE DEVELOPER'S AGREEMENT FOR EDEN POINTE PARKING EXPANSION BY LIBERTY PROPERTY TRUST WHEREAS, Liberty Property Trust has received City Council approval for Eden Pointe Parking Expansion at 7300 & 7400 Flying Cloud Drive, more fully described in a Developer's Agreement dated March 15, 2011; and WHEREAS, a condition of said Developer's Agreement states that if Developer does not proceed with the project within twenty-four (24) months of the date of Agreement, Developer would not oppose City Council action to revoke the approval action, thus restoring the status of the property before the project was approved; and WHEREAS,the twenty-four(24)month period ends on March 15, 2013; and WHEREAS, Developer has not proceeded with the Agreement at this time, and has requested approval of an extension to the Developer's Agreement for an additional twenty-four (24) month period; and WHEREAS, the City Council has reviewed said extension request at its March 5, 2013 meeting; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby grants the extension of the Developer's Agreement for an additional twenty-four(24)month period, ending March 15, 2015. ADOPTED by the City Council of the City of Eden Prairie this 5th day of March 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk ID ID PROPERTY 'TRUST February 13,2013 Mr. Mike Franzen City of Eden Prairie Community Development Dept. 8080 Mitchel Road Eden Prairie, MN 55344-4485 RE: Development Agreement Eden Pointe Parking Expansion Mike, As you are aware and per our conversation last week, Liberty Property Trust and the City of Eden Prairie entered into a Development Agreement as of March 15, 2011 for a parking expansion at Eden Pointe. Although, Liberty has not started any of the work outlined in the Development Agreement, we would like to renew or extend the Agreement for another two year term to allow for the continued flexibility in leasing the project. Please let me know if you need anything further from Liberty to move forward with this request. We appreciate all of your help. Sincerely, Richard A. Weiblen VP Development 10400 VIKING DRIVE•SUITE 130•EDEN PRAIRIE,MN 55344• (952)947-1100•FAX: (952)947-0800 Enhancing people's lives through extraordinary work environments www.libertyproperty.com•NYSE:LRY Arizona•Florida•Illinois•Maryland•Minnesota•New Jersey•North Carolina•Pennsylvania•South Carolina•Texas•Virginia•Washington DC•Wisconsin•United Kingdom CITY COUNCIL AGENDA DATE: SECTION: Public Hearing March 5, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Development 2013 CDBG Funding Janet Jeremiah, Director Recommendations Molly Koivumaki, Housing and Human Services Manager Requested Action Move to: • Close the public hearing; and • Adopt the Resolution approving the use of 2013 CDBG funds as recommended by the Eden Prairie Human Services Committee. Synopsis The 2013 CDBG allocation has not yet been announced by the office of Housing and Urban Development(HUD). However, the Human Services Review Committee used the conservative estimate of$230,000 to make the funding recommendations as listed below. Once the actual amount is received, the funding for the Housing Rehabilitation Loan Program will be adjusted up or down based on this amount. The regulations stipulate that public service funding may not exceed 15 percent of the City's total allocation($230,000), plus 15 percent of the previous year's program income. The Human Services Review Committee reviewed the 2013 CDBG proposals and recommended the following activities be funded. Funding County %of # _ Human Services Activity Level Priority Allocation 1 PROP Housing Support Services $25,000 High 11% 2 YMCA(Child Care Subsidy) $10,000 High 4% 3 Independent School District 272(Child Care) $5,000 High 2% 4 HOME(Household&Outside Maintenance for the Elderly) $9,000 High 4% 5 CAPSH(Emergency Vehicle Repair) $15,000 High 7% Subtotal $64,000 Housing Activities Funding County Level Priority 6 Housing Rehabilitation Deferred Loan Program $85,700 High 37% 7 Affordable Housing-WHAHLT $55,000 High 24% 8 Fair Housing Initiative $2,300 High 1% 9 Program Administration $23,000 High 10% Grand Total $230,000 Background Information 2013 Allocation Process The discussion of how to distribute the 2013 CDBG funds through the Human Services Review Committee included a complete review of all "Request for Funding" applications and the distribution percentage of funds in 2012. The Committee's goals were to have the best and highest use of these funds for human services that demonstrated the most direct benefit to the community. Attachments Resolution 2013 CDBG Summary of Proposals 2013 Action Plan CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2013-37 RESOLUTION APPROVING USE OF FUNDS FOR 2013 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, the City of Eden Prairie, as an entitlement community, participates in the Community Development Block Grant Program; and WHEREAS,the City of Eden Prairie has developed a proposal for the use of CDBG funds, and held a public hearing on March 5, 2013, to obtain the views of citizens on the proposed use of $230,000 for the 2013 Community Development Block Grant Program; and WHEREAS,processes at the Federal level have not been resolved, the actual amount of the 2013 allocation will be revealed later in 2013; the funding for the Housing Rehabilitation Loan Program will be adjusted up or down based on this amount. BE IT RESOLVED that the City Council of the City of Eden Prairie approves the following activities for funding from the Block Grant program, and authorizes and directs the Mayor and the City Manager to execute Sub recipient and Third Party Agreements on behalf of the City. ACTIVITIES BUDGET PROP -Emergency Housing Assistance $ 25,000 YMCA - Child Care Subsidy $ 10,000 Independent School District 272—Child Care Subsidy $ 5,000 HOME - Household& Outside Maintenance for Elderly $ 9,000 CAPSH—Vehicle Repair $ 15,000 Housing Rehabilitation Deferred Loan Program $ 85,700 Affordable Housing—WHAHLT $ 55,000 Fair Housing Initiative $ 2,300 Program Administration $ 23,000 Total $230,000 ADOPTED by the City Council of the City of Eden Prairie this 5th day of March, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk 2013 CDBG Public Service Application Summary 2013 Type of 2013 2012 HSRC Clients Projected Funds Activity Agency Request Funding Recomme Description Served Clients ndation 2012* 2013 Emergency Emergency financial 20 assistance for rent/mortgage 25 Public Service Housing PROP $25,000 $25,000 $25,000Households Households Assistance payments $16,437 Household Senior Provide outside maintenance 16 Chore& Comm. and chore service to residents 60 and Households 40 Public Service Main. Services $9,000 $9,000 $9,000 older $5,880 Households for elderly (HOME) Car repair for low-income families. Vehicle CAPSH $15,000 $8,000 $15,000 CAPSH pays 75%of repair costs up Residents 20 Public Service Repair to$750 per low/mod income resident. $6,061 Residents Subsidize before and after school care 14 Public Service Childcare YMCA $15,000 $6,667 $10,000 for EP low/mod income working Youth 30 subsidy families $0 Youth Ind. Subsidize before and after school care 6 Childcare for EP low/mod income working10 Public Service subsidy School $12,000 $3,333 $5,000 families Youth Households Dist 272 $3,333 TOTAL $76,000 $52,000 $64,000 *Clients served 7/1/2012 through 12/31/2012 2013 ACTION PLAN CITY OF EDEN PRAIRIE DUNS # 010488260 Executive Summary The City of Eden Prairie became a Community Development Block Grant (CDBG) entitlement community in 2006. CDBG funds are allocated to the City directly from the U.S. Department of Housing and Urban Development (HUD). The City remains a part of the Hennepin County Consortium for purposes of the Five Year Consolidated Plan and HOME funding. ➢ $140,700, or 61 percent of the City's CDBG allocation will be used for affordable housing to help provide decent housing, while maintaining affordability and sustainability. o Prior year CDBG funds will be used for a first time home buyer program to assist two low/moderate inome households purchase their first homes. o Rehabilitation of ten owner-occupied homes, by income eligible homeowners. A small repair grant fund will provide for emergency and/or life safety related repairs for qualifying homeowners. o CDBG funds will be used by the West Hennepin Affordable Housing Land Trust to help acquire one single family home, which will then be sold to a low/mod income first time homebuyer. ➢ $64,000, or 11 percent of program income and the City's CDBG allocation will be used for public service programs that provide assistance to low/moderate income seniors, families and individuals. These funds help provide access to suitable living environments, maintain affordability, availability and accessibility to housing activities. ➢ $2,300 or 1 percent of the City's CDBG allocation will be used for fair housing activities. ➢ $23,000 or 10 percent of the City's CDBG allocation will be used for administration of the CDBG Program. Administration includes general management, oversight, coordination and monitoring of the program. The majority of organizations receiving CDBG funding from the City of Eden Prairie are close to meeting 100 percent of their expected performance for 2012. HOME, CAPSH, YMCA, Ind School District 272 and People Reaching Out to Other People (PROP) are organizations that continuously experience high demand for their services and will meet or exceed their 2011 expected performance goals. 1 2013 Eden Praire-Action Plan CDBG Program Specific Requirements The 2013 allocation is $230,000. It is anticipated that the Housing Rehabilitation Program and the CDBG Loan Program for Affordable Rental Units will generate program income during 2013. Any program income received will be used to cover expenses generated in an existing CDBG Program or activity and not just expenses related to the activity generating the income, as authorized by the City Council. The City of Eden Prairie anticipates receiving $70,000.00 in program income in 2013. The City of Eden Prairie anticipates that there will be $300,000 available in total funds for the 2013 fiscal year. This funding is broken down as follows: Source of Funds 2013 CDBG Allocation $230,000 Program Income from repayment of deferred loans $70,000 Total $300,000 Activities Planned with CDBG Funds: The following is a listing of CDBG activities recommended for funding by the Eden Prairie Human Services Review Committee and approved by the Eden Prairie City Council for the 2013 program year. Details on the proposed activities follow in order of the specific objective/strategy number identified in the Consolidated Plan. The regulations stipulate that public service funding may not exceed 15 percent of the City's total allocation ($230,000), plus 15 percent of the previous year's program income ($360,000). For the 2013 program year, Eden Prairie cannot fund public service activities in excess of $88,500. Funding for public service activities totals $64,000, which includes 15 percent of the 2013 allocation ($34,500) plus 8 percent of 2012 program income ($29,500). 5 Year 2013 Strategy Program Budgeted ID# Project Activity Income Allocation 2.0 Rehab of Private Property Housing Rehabilitation Loan Program $70,000.00 $85,700.00 1.0 Affordable Housing WHAHLT $0 $55,000.00 3.0 Emergency Housing PROP $0 $25,000.00 6.0 Family Services YMCA $0 $10,000.00 6.0 Family Services Independent School District 272 $0 $5,000.00 6.0 Family Services CAPSH $0 $15,000.00 7.0 Senior Services H.O.M.E.Program $0 $9,000.00 12.0 Fair Housing Fair Housing Initiative—Consortium $0 $2,300.00 Program Administration Administration $0 $23,000.00 Total $70,000 $230,000.00 2 2013 Eden Praire-Action Plan Annual Objectives Table 3A Summary of Priorities and Specific Annual Objectives Specific Outcome/Objective Sources of Program Expected Actual Percent Obj# Specific Annual Objectives Funds Performance Indicators Year Number Number Complete DH-2 Affordability of Decent Housing DH 2.1 Affordable hHousing-WHAHLT and the City 1 low/mod income families will receive assistance 2010 1 1 100% assist first time homebuyers with purchasing their CDBG o purchase their first home through WHAHLT. 2011 3 2 67% first home. 2012 2 1 2013 1 2014 TOTAL DH-3 Sustainability of Decent Housing = + DH-3.1 H.O.M.E.helps maintain independence for elders 40 residents will receive maintenance,chore 2010 40 43 108% and avoid premature nursing home placement by CDBG services and homemaking assistance to help keep 2011 40 43 108% providing homemaker,maintenance,and chore Hennepin them living independently. 2012 40 25 63% services. County 2013 40 United 2014 Way TOTAL DH-3.2 The objective of the Single Family Housing 10 households will receive housing rehabilitation, 2010 8 8 100% Rehabilitation Loan Program is to preserve the CDBG accessibility improvements,and/or emergency 2011 6 16 267% existing housing stock. repairs for the purpose of maintaining decent 2012 8 16 200% affordable housing. 2013 10 2014 TOTAL SL-3 Sustainability of Suitable Living Environment SL-3.1 People Reaching Out to Other People(PROP)will 27 households will be able to stay in current 2010 100 51 51 % receive CDBG funds to offer emergency housing 1 CDBG housing,increasing family stability,preventing 2011 50 48 96% assistance to protect residents from the threat of Hennepin families from going to homeless shelters. 2012 50 20 homelessness or displacement. County 2013 25 United 2014 _ Way TOTAL EO-1 Availability/Accessibility of Economic Opportunity N. EO-1.1 The YMCA provides safe,structured,and 30 children will have access to affordable before 2010 40 32 80% affordable child cares services before and after CDBG and after school child care allowing parents to 2011 30 32 106% school,all day during summer,and when school's work or seek employment. 2012 30 14 out for Eden Prairie families who need financial — help so parents can go to work. 2013 30 2014 TOTAL EO-1.1 Independent School District 272 provides safe, 10 children will have access to affordable before 2010 0 0 0 structured,and affordable child care services CDBG and after school child care allowing parents to 2011 0 0 0 before and after school,all day during summer, work or seek employment. 2012 10 6 60% and when school's out for Eden Prairie families who need financial help so parents can go to work. 2013 10 2014 3 2013 Eden Praire-Action Plan Specific Outcome/Objective Sources of Program Expected Actual Percent Obj# Specific Annual Objectives Funds Performance Indicators Year Number Number Complet e EO-1 Availability/Accessibility of Economic Oppo m EO-1.2 Community Action Partnership of Suburban 20 residents will receive grants to make 2010 8 11 140% Hennepin receives CDBG funds to make grants CDBG emergency repairs to their vehicles in order to 2011 6 14 233% to low mod income residents for emergency maintain economic stability. 2012 10 4 vehicle repairs. 2013 20 2014 TOTAL Description of Activities The activities to be undertaken during the 2013 fiscal year address the priority needs and local objectives as set forth in the Consolidated Plan. The activities that are part of the 2013 Action Plan are to be completed within 12 months from the time funds are allocated to the City of Eden Prairie. Strategy 2.0 Existing Homeowners Citywide Single Family Housing Rehabilitation Program: During the 2013 grant year, we expect to rehabilitate ten owner-occupied homes through our Housing Rehabilitation Loan Program. The program provides up to $30,000.00 for eligible repairs through a interest free, deferred loan,payable after 30 years, or when the property is sold. Applications are accepted year round on a"first come, first served" basis. Applicants qualify based on their household income and the amount of equity in their home. The City will continue to offer a Small Emergency Repair Grant fund to be administered through our Housing Rehabilitation Loan Program. The Small Repair Grant fund will access funds through the Housing Rehabilitation Loan Program to be used for emergency repairs for qualifying homeowners. The program allows a maximum of $5,000 per home in grant funds to be used for emergency and small repairs. Both rehabilitation programs are open for residents throughout the City that meet the low/mod income guidelines. No specific geographic area is targeted for this program. The City will continue to identify larger rehab projects outside of the Single Family Rehab Program that house low/mod income Eden Prairie residents. It is anticipated that this will be a grant program. Strategy 3.0 Affordable Housing Eden Prairie Affordable Housing: Eden Prairie seeks ways to make homeownership a reality for families of low/moderate income by working with the West Hennepin Affordable Housing Land Trust (WHAHLT). The land trust retains ownership of the property, but sells the home to an income eligible family. Subsequent sales of the 4 2013 Eden Prairie-Action Plan Draft home must be to income eligible buyers, and the property must remain affordable for 99 years. Citywide First Time HomebuyerProgram: The Eden Prairie First Time Homebuyer Program offers a zero interest, deferred loan with the City of Eden Prairie holding a second mortgage on the property. The deferred loan helps first time homebuyers offset the cost of purchasing a home by providing assistance with down payment, closing costs, and mortgage principle reduction. Repayment of the loan is required when the home is sold or no longer homesteaded within the first 30 years. After 30 years, the loan becomes due and payable. Funds will be used to assist two low mod income households to purchase their first home. Financial assistance will be provided up to $25,000. Prior years' affordable housing funds will be utilized for the program. This program is open for households that meet the income guidelines, purchasing a home in Eden Prairie. Minority populations will be encouraged to participate through various means of marketing Annual Affordable Housing Goals: During 2013, the City plans to rehabilitate ten owner occupied affordable homes,provide downpayment assistance to two low/mod income homebuyers, and provide funds to WHAHLT to purchase affordable housing in Eden Prairie. PROP will provide emergency assistance in the form of rent or mortgage payments to 25 households at risk of becoming homeless. The table on page 17 outlines these goals. Strategy 6.0 Family Services/Facilities PROP: The City has been allocating CDBG assistance to People Reaching Out to People (PROP) for emergency housing assistance activities since 2003. PROP will provide emergency assistance in the form of rent or mortgage payments to households at risk of becoming homeless. This assistance will be provided for up to three months. PROP has provided considerable assistance to low income households in Eden Prairie since 1974. PROP serves nearly 400 families per year with food, shelter and medical assistance. During 2013, it is estimated that 27 households will be assisted with CDBG funds. YMCA: The allocation of CDBG funds for childcare assistance has been ongoing for many years. During the 2013-2014 school year,the YMCA will serve two thirds of the Eden Prairie students. The CDBG allocation for child care assistance will be used by the YMCA to subsidize before and after school childcare for Eden Prairie families who need financial help. The YMCA expects to serve approximately 30 households in 2013. INDEPENDENT SCHOOL DISTRICT 272: The Eden Prairie School District began it's own school age childcare program for one third of the students during the 2011- 2013 school year. During the 2013-2013 school year they will continue to serve one third of the students. The CDBG allocation will be used by Independent School 5 2013 Eden Prairie Action Plan District 272 to subsidize before and after school childcare for Eden Prairie families who need financial help. Independent School District 272 expects to serve approximately 10 households in 2013 CAPSH: The Car Repair Program is administered by Community Action Partnership of Suburban Hennepin. It was created in 2006 to help low/mod income Eden Prairie residents maintain self sufficiency. The car repair program will pay 75% of repairs up to $750. CAPSH expects to serve 20 households during 2013. All of the Family Services Programs listed above are open to all low/mod income residents of Eden Prairie. Strategy 7.0 Senior Services H.O.M.E. Household and Outside Maintenance for Elderly: This service helps maintain independence for elders and avoid premature nursing home placement by providing homemaker, maintenance and chore services. H.O.M.E. expects to serve approximately 40 residents in 2013. The H.O.M.E. program is offered by Senior Community Services and is open to all low/mod senior residents of Eden Prairie. Strategy 11.0 Affirmatively Furthering Fair Housing The City of Eden Prairie will participate in and help to fund fair housing activities through the Fair Housing Implementation Council, which provides support for fair housing activities. Activities include education for property managers, staff training community outreach, and referral to Legal Aid. In 2009, the Consortium, along with other metro-area entitlement jurisdictions and stakeholders working together under the direction of the Fair Housing Implementation Council, prepared a new Regional Analysis of Impediments to Fair Housing. The Analysis is for the 2010-2014 Five-Year Consolidated Plan period. The City of Eden Prairie has taken the identified impediments from this document and the suggested actions to overcome these impediments to find activities to support these actions. On page 13 of the City's 2013 action plan, two of these activities are outlined; the Rental Housing Inspection Program and the Apartment Property Managers Group. Meeting Underserved Needs The City is in contact on a regular basis with a number of nonprofit agencies which coordinate and provide assistance for those who have underserved needs. During 2013, the City will continue to be in contact with these agencies to learn about the underserved need in the community and how the City can help meet these needs. 6 2013 Eden Prairie Action Plan An obstacle to meeting underserved needs the City has encountered has been a lack of clients in its First Time Homebuyer Program. Due to the declining housing market in the area, the City has encountered a lack of available housing in the price range that is within reach of young families and individuals who qualify for mortgages in the range of $150,000 to $170,000. During 2012, only 14% of all home sales in Eden Prairie were single family homes priced below $190,000. This lack of single family homes has become a barrier to first time homebuyers looking to purchase a home in Eden Prairie using the First Time Homebuyer Program. Geographic Distribution The activities selected by the City of Eden Prairie are primarily offered on a city wide basis to ensure equal opportunity to all interested, income qualified participants. These city wide activities include PROP,YMCA, Independent School District 272, HOME, CAPSH, the First Time Homebuyer Program, WHAHLT, and the Housing Rehabilitation Loan Program. Estimate for Low and Moderate Income Estimated % of Activity 2013 Budgeted Allocation to Benefit Allocation Low/Moderate Income Affordable Housing $55,000 100% Housing Rehabilitation Loan Program $85,700 100% PROP $25,000 100% YMCA $10,000 100% Independent School District 272 $5,000 100% CAPSH $15,000 100% H.O.M.E. $9,000 100% Fair Housing Activities $2,300 100% Program Administration $23,000 N/A Citizen Participation The City of Eden Prairie is part of the Hennepin County Consortium, and therefore the City's Action Plan is part of the Hennepin County Consortium Action Plan. The City follows Hennepin County's Citizen Participation Plan, which calls for the Hennepin County Consortium Action Plan to be available for public comment 30 days prior to a public hearing before the Hennepin County Board. The Eden Prairie City Council held their own public hearing on March 5, 2013 and allowed the public to comment on the proposed activities. Notice of the public hearing was published in the Eden Prairie News on February 7, 2013. No public comments were received prior to, during or after the public hearing. The City's Human Services Review Committee responds to questions and inquiries about the plan, and makes recommendations to the City Council based on feedback. 7 2013 Eden Prairie Action Plan Consultation Process The City of Eden Prairie has a Development Review Committee comprised of staff from Housing and Human Services, Community Development and Planning, Engineering, Fire and Inspections. This committee meets weekly to review proposals for new development and projects. This group works directly with developers, non- profit agencies and other governmental agencies and transit authorities to ensure that all perspectives are considered throughout the review process. It is anticipated that the South West Light Rail (SWLRT) line that will run from Minneapolis to Eden Prairie will have a significant impact on the community. Several working groups have been formed to work on various components of the project. Once such work group is focused on housing along the new transit corridor, and includes staff from Hennepin County, the cities of Minneapolis, St. Louis Park, Hopkins, Minnetonka, Edina and Eden Prairie. Maxfield Research has been contracted to prepare a Corridor-wide housing inventory at the one-half mile, one-mile and two-mile radius surrounding each proposed transit station along the corridor. Eden Prairie is expected to have five transit stations. The inventory will provide analysis on housing conditions,population demographics, employment, education, community trends and so forth. The report will help communities understand where opportunities exist for housing, including affordable housing and other transit oriented development. The City of Eden Prairie has developed many relationships with private and other public agencies from which it gathers input on its activities set out in the Action Plan and also seeks implementation of some of these activities. The City is in contact with non-profit organizations (both those partially funded with City CDBG funds and those that are not) to learn about the changes in their cliental. Many of these organizations have seen an increase in cliental, including those who have never had to access the service in the past. Finally, the City also works with various public agencies including other cities, Hennepin County, and state agencies. This collaboration allows the City to find out more about what these organizations are seeing in their community and help the City prepare for these issues which may arise. Housing and Market Analysis General There are a variety of housing options and choices in Eden Prairie, from Section 8 rental housing for low income residents, to "executive estates" with large single family homes, and many life cycle housing options in between. Of the 24,848 total housing units, 18,139 or 73 percent are ownership and 6,708 or 27 percent are rental. There are 8 2013 Eden Prairie Action Plan 953 subsidized rental units located throughout Eden Prairie, including three Section 8 Project-Based complexes with 355 units. Eden Prairie has a large Somali immigrant population, estimated to number approximately 5,000 people. While most Somali families live in apartment complexes, including the Project-Based Section 8 complexes, there is a trend toward Somali ownership and rentals of single family homes. Eden Prairie has used a "scattered-site" approach to providing affordable housing which requires developers who are seeking financial assistance from the City to set aside 20 percent of their units for low/moderate income people. This approach has prevented the concentration of low income housing in any one part of the City. Eden Prairie has a large number of group homes that provide supportive care for developmentally delayed adults, aftercare treatment for teens with chemical addictions, and memory care support for elderly people. A residential treatment facility for people with HIV/AIDS has existed in Eden Prairie for nearly 20 years. There is no estimate available on the number of abandoned buildings or their prospect for rehabilitation. Abandon properties rarely occur in Eden Prairie. Unoccupied properties may be empty and awaiting redevelopment however they are still on the tax roll and are not considered abandoned. Eden Prairie has a robust Economic Development unit within the Community Development Department that activity monitors businesses moving in and out of the community. Public Housing The City of Eden Prairie does not have a Public Housing Authority; however, through an agreement with the Minneapolis Public Housing Authority, we do have 19 scattered-site public housing units which are managed by the Metropolitan Housing and Redevelopment Authority (HRA). The City of Eden Prairie does not have any oversight or involvement in the operation of the units and therefore does not have a plan to encourage public housing residents to become more involved in management and homeownership. Chronic Homelessness and Other Special Needs Activities The Eden Prairie school district provides consistent education to students who may be homeless. Eden Prairie schools have a Homeless Liaison who coordinates transportation and food service for students who may need to remain in Eden Prairie schools, but are in shelters or other placements outside of the district boundaries. The Eden Prairie school district currently has approximately 22 homeless students. 9 2013 Eden Prairie Action Plan The City is working to increase the supply of supportive housing in Eden Prairie. The City participates with an agency called Avenues for Youth, which operates a "Host Home" program to provide long term housing for chronically homeless youth, which will enable the youth to remain in the school district. The "Host Home" program uses volunteer families who are willing to open their home to a homeless youth. The family has to participate in a screening process and attend a training program before they are paired with a homeless youth. Currently, Eden Prairie has two families participating in the program, one is paired with a youth, the other is anticipating a pairing in 2013. The City of Eden Prairie does not have a chronically homeless population. However, we recognize that there are residents at risk of becoming homeless. To prevent these individuals from becoming homeless, the City supports the following CDBG and general fund programs. The City of Eden Prairie has seen an uptick in the number of senior citizen homeowners who have hording issues to such an extreme that the Fire Department has to issue clean-out Orders. Properties not cleaned out to Fire Department specifications will be condemned, leaving the homeowner at risk of homelessness. The Housing & Community Services staff works in collaboration with a senior social worker from Senior Community Services, staff from the Fire and Police Departments, and Building Inspections to devise an action plan to help the elderly homeowner comply with the Order and remain in the home. Emergency Housing Funds: PROP (People Reaching Out to Other People) receives CDBG funds to support their Housing Assistance Program, which helps families/individuals who are homeless or who are at risk of being homeless due to a short-term financial crisis. The goal of the program is to end chronic homelessness while stabilizing families and creating a healthy environment for children. In 2012, PROP spent over$200,000 to prevent homelessness by providing:: • 12 homeless households received shelter payments (1-3 night hotel stay)to transition to shelter or other more long term housing support • 124 households (unduplicated)received homelessness prevention funding for rent/deposit/mortgage • 177 (duplicated)housing related services (rent, deposit, or mortgage) • Over 2,000 duplicated financial related calls and assessments with the majority requesting housing related payments due to threats of eviction. • 345 referrals to Hennepin County Emergency Assistance alone that is related to help with housing emergencies Remove Barriers to Affordable Housing Eden Prairie uses many strategies to remove barriers to affordable housing. By using the land trust model,these properties remain affordable for 99 years. The City uses Tax Increment Financing (TIF) and other tools to help incent developers to build multi-family developments in Eden Prairie. City policy requires developers who receive public financing to set aside 20% of the units as affordable at the 50%Area Median Income 10 2013 Eden Prairie Action Plan (AMI). The City uses CDBG funds in the single family home rehabilitation program to help homeowners keep their properties viable and structurally sound. Without the home rehabilitation program, some of our residents,particularly senior citizens, could not afford to make the repairs which are necessary to stay in their homes. The City works with developers to incorporate affordable housing in all new proposed developments. The City of Eden Prairie allocates general funds for social services programs. These programs support people who are currently homeless, facing homelessness or have other special needs. Antipoverty Strategy The following are actions the City of Eden Prairie is taking to reduce the number of poverty level families • Collaborating with and funding social service agencies in the community that assist families toward self-sufficiency. • Partnering with nonprofits to offer financial management and budgeting classes for the immigrant community, particularly who have accessed financial support in the past. • Job coaching program to assist poverty level adults in finding jobs,particularly those who have barriers with technology. • Providing assistance to help poverty level families find affordable housing. • Pursuing microenterprise pilot program to assist poverty level families in launching small businesses. • Raising the visibility of support services in the community so that families in need can find the help they need to move out of poverty. • Educating the broader population about the needs of poverty level families in the community and holding collaborating events to work together to meet these needs and assist families in becoming self-sufficient City funded (non-CDBG funds) programs for homeless and special needs populations The Following programs, funded by the City of Eden Prairie's general fund, also support the Continuum of Care initiatives Cornerstone Advocacy Services provides services to victims of domestic violence, including emergency shelter, transitional housing, legal services and counseling. The City of Eden Prairie's contract with Cornerstone for the 2013 budget year is $31,000. Teens Alone, serves at-risk homeless youth, families and runaways with services that include shelter, counseling and crisis intervention. Teens Alone goal is to reunite youth with their families. If reunification is not possible, Teens Alone helps provide a safe, decent living situation. The City of Eden Prairie's contract with Teens Alone for 11 2013 Eden Prairie Action Plan the 2013 budget year is $13,000. City staff has taken a leadership role in the implementation of a program called"Host Home"which matches homeowners with homeless teens to provide safe housing within the community. Meals on Wheels, serves Eden Prairie elderly and disabled residents. The City of Eden Prairie's contract with Meals on Wheels for the 2013 budget year is $9,400 per year. YMCA, provides an after school youth leadership development program for at risk youth in grades 7-12. The City of Eden Prairie's contract with the YMCA for the 2013 budget year is $25,000. Family Center Plus, provides support, information, crisis intervention and connections that help families stabilize in the Eden Prairie community. The City of Eden Prairie's contract with Family Center Plus for the 2013 budget year is $14,000. Senior Community Services, serves Eden Prairie senior citizens with services such as outreach, assessment, care/service coordination and family consultations. The City of Eden Prairie's contract with Senior Community Services for the 2013 budget year is $30,000. People Reaching out to Other People (PROP), provides a food shelf and emergency services to low income residents of Eden Prairie. The City of Eden Prairie's contract with PROP for the 2013 budget year is $31,000. HOME Line, provides a Tenant Hotline which provides legal advice and advocacy for tenants and tenant education to first time renters. The City of Eden Prairie's contract with HOME Line for the 2013 budget year is $5,000. New American Academy, provides after school tutoring programs for low income Somali immigrant families. The City of Eden Prairie's contract with New American Academy for the 2013 budget year is $5,000. Southwest Transit, subsidizes operating costs for the senior shopping bus which provides low income seniors transportation to the grocery store, doctor visits and other local stops. The City of Eden Prairie's contract with Southwest Transit for the 2013 budget year is $2,400. Immigrant Services Contracted Employee The City contracts for a part time position titled "Human Service Technician" to provide resources, referrals, and assistance related to housing and community services. The City of Eden Prairie's contract for the Immigrant Services Technician for the 2013 budget year is $25,000. The primary position responsibilities and areas of impact are: 12 2013 Eden Prairie Action Plan 1) Works with clients to provide resources, referrals, and assistance related to housing and human services such as community orientation, housing issues, education, employment and citizenship. 2) Educates the public on immigrant issues through speaking engagements with various community groups. 3) Facilitates and/or provides resources and support to various immigrant groups and special events. 4) Provides assistance to other City departments on immigrant issues including providing cultural information, conflict resolution, and translation. The City of Eden Prairie will continue to work in partnership with social services agencies, the faith community, business and civic organizations to address the needs of persons experiencing homelessness and other special needs. The City recognizes that access to transportation services is a critical need for low/moderate income residents of Eden Prairie, and allocates a significant amount of staff time to research solutions and options. Other Activities Low Income Minority Concentration: Two project based Section 8 apartment complexes comprise the population of the low income minority concentration. One of these complexes, located in the northern portion of Eden Prairie, is Briarhill with 126 units. The other Section 8 complex, located in the southern portion of Eden Prairie, is Prairie Meadows with 168 units. The City funds social service programs to provide onsite services within these developments. These services include parent education classes, tutoring, Meals on Wheels, and various programs. Managers from these complexes participate in the City's Property Manager's Group. Rental Housing Inspection Program: the City has started an annual inspection of single family rental properties to determine Code compliance and health or safety violations that need correction. This program ensures that rental properties are well maintained and that no substandard rental units are licensed in the City. Apartment Property Managers Group: The City facilitates a group of rental property and apaitiuent managers that meet quarterly to discuss issues, receive updates and training on topics related to fire and life safety, crime prevention, inspections, social services and so forth. These meetings are well attended and have fostered a spirit of cooperation among and between the property managers and the City services. Human Services Review Committee: This committee is comprised of City staff from a variety of depaitiuents, including Housing and Human Services, Zoning Enforcement, Police, Administration and Parks and Recreation. This group meets monthly to work on issues related to housing and human services. Each year, this committee reviews requests for funding from service providers and makes funding recommendations to the City Council. There are two sources of funding for human services, the City's general fund ($160,000 in 2013) and CDBG. The recommendations are based on review of 13 2013 Eden Prairie Action Plan written proposals, site visits and other methods to determine the quality of the service and the overall value to the community. Human Rights and Diversity Commission: The Human Rights and Diversity Commission acts in an advisory capacity to the City on matters of diversity, civil and human rights and the Americans with Disabilities Act. The Commission has been involved in such important social issues as identifying needs of the immigrant population and finding solutions to "bullying" in local schools. FamiLink Resource Center: Through a partnership with the Eden Prairie School District, the City houses the FamiLink Resource Center, a resource and referral center for all residents and businesses. FamiLink has been successful in launching many new initiatives, including an English Language Learner (ELL) class for employees of the Eden Prairie Center, and stores within the center, and a work readiness program which pairs people looking for work with volunteer mentors who help with resumes, job applications and mock interviews. Transportation Committee: Housing and Human Services staff coordinates a group of local services providers who meet monthly to address transportation issues within the City. This partnership has resulted in the "Shopping Bus" which provides weekly transportation to seniors and handicapped people living in apartments to selected shopping destinations. The City of Eden Prairie Homeowner's Association Improvement Grant Program: HAIG offers matching grants in an amount up to $50,000 to homeowner's associations in Eden Prairie, whose individual residential owners meet certain income requirements. The grants provide funds for housing improvements for those with low to moderate income that might not otherwise be able to afford the rehabilitation. The goals of this program are to make energy efficient repairs, address accessibility issues and keep the affordable housing stock in Eden Prairie viable into the future. This program uses funds from TIF districts that have decertified. Monitoring Actions In order to ensure that the City is meeting its goals and objectives and remaining in compliance with federal regulations, several items have been incorporated into the City's CDBG Program. Subrecipient Agreements For activities carried out by subrecipients, the City enters into a subrecipient agreement with the organization. This agreement covers several items, including: a scope of services, a term for expenditure of the funds, compliance with federal regulations, record-keeping, and others. 14 2013 Eden Prairie Action Plan Subrecipient Monitoring In addition to receiving reports, City staff from the office of Housing and Community Services also conduct an onsite monitoring visit of each subrecipient. These onsite monitoring visits consist of review of files for compliance with federal regulations, general program review with the subrecipient, and follow-up after to ensure any problems found are being resolved. In addition to on-site monitoring, the City periodically reviews all of its active files to make certain subrecipients are expending their funds in a timely manner. As new projects and subrecipients are added the same staff from Housing and Community Services will conduct the monitoring. The primary goals of monitoring subrecipients are to: 1) Ensure production and accountability, 2) Ensure compliance with CDBG and other state and federal requirements and the subrecipient agreement, and 3) Evaluate organizational and project performance 4) Gain a better understanding of the organization The monitoring consists of review of files for compliance with federal regulations, general program review with the subrecipient, and follow-up after to ensure any problems found are being resolved. The City conducts the desk review at least two weeks prior to the site visit. All reviews, conclusions, and follow up are finalized within one month of the on-site visit, through written correspondence in order to have permanent documentation. The desk review examines information and materials provided to the City by the subrecipient, as a means to track performance and identify potential problem areas. Some of the items reviewed during the desk review include: progress reports, copies of audits, internal control and management letters, program budget, activity summary, project status, budget, drawdown requests,proof of compliance,verification of clients' status and income, and others. There are four basic steps to the on-site visit: 1) entrance conference, 2) data gathering and analysis, 3) exit conference, and 4) follow-up. A monitoring form, including checklists are filled out by City staff while at the on-site visit. This form includes reporting requirements,performance evaluation, recordkeeping, fair housing and equal opportunity, financial information, organizational information and other procedural requirements as outlined in the subreceipient agreement. The monitoring is done by City staff who administer the CDBG program. Because of the limited number of subreceipients the City has, as new subreceipients are added or other subreceipients are deleted, staff adjusts their workloads accordingly. Currently there is enough staff to take on the monitoring of all subrecipients; however, this will be reevaluated in the future if staff is not able to keep up its monitoring activities. In addition to the desk review and on-site monitoring, the City periodically reviews all of its active files to make certain subrecipients are expending their funds in a timely 15 2013 Eden Prairie Action Plan manner. If they are not expending their funds in a timely manner, the City provides a written letter to the subrecipient reminding them of their responsibilities to timely spend the funds. During any part of the subreceipient monitoring process, if there is a deficiency found then it is noted and included as part of the final monitoring report issued. If the deficiency arises during the program year, and not during the monitoring period, written notice is given to the subrecipient of the deficiency. In both cases a timeframe for correcting the deficiency is given(usually 30 days) at which time the City will re- review the deficiency. If there are continued problems or a serious problem, then further review is done and recommendations are made for City council action. All subrecipient monitoring reviews, whether through the formal desk review and on- site visit or through a periodic review of documents throughout the year, are kept track of in the subrecipients files. Timetable for Completing Monitoring Monitoring of all subrecipients is completed every two years, unless a subrecipient is underperforming or other concerns arise. This may cause the office of Housing and Community Services to conduct an earlier monitoring. All public service subrecipients will be monitored during FY2013. March—Begin Desk Review and complete at least 2 weeks prior to scheduled On-Site Review. April - Conduct On-Site Reviews. May—Complete all Follow-Up requirements. Monitoring Forms The City uses the Monitoring Checklist to ensure that all parts of the monitoring process are followed. The City uses a Subrecipient Monitoring Program On Site Review form during the monitoring. Both forms are kept in the subrecipients file at the City. Monitoring Follow-Up The City responds to the subrecipient with a follow up letter within 30 days of the on site monitoring. The subrecipient has 30 days to respond to the City and correct any findings. If no corrective action is taken by the subrecipient, the City has the right to terminate the contract as stated in section 9 of the subrecipient agreement. 16 2013 Eden Prairie Action Plan Management of Monitoring Oversight of the monitoring is the responsibility of the Manager of Housing and Community Services. It is the managers duty to report all monitoring procedures and outcomes to the City manager. Documentation of Monitoring The monitoring form is completed and a follow up letter is sent to the subrecipient. Both of these documents are kept in the subrecipient's file and may be accessed for review by a third party after completion of the City's data request form. Timeliness On a monthly basis, the City monitors it's CDBG allocation to ensure that it is meeting its timeliness compliance. Each program year, the City develops a spreadsheet so that it can monitor the funds it expends on a monthly basis making it easy to to see how much money must be spent in order to remain in compliance. The City of Eden Prairie requests that all subrecipients invoice the City quarterly. This will enable the City of Eden Prairie to insure that the subrecipients are meeting their goals and objectives and that they are expending their funds in a timely manner. CAPER Report Annually, the City prepares the Consolidated Annual Performance and Evaluation Report(CAPER)that is required by HUD and included in the Hennepin County Consortium's CAPER. Other Actions As described in the Public Housing section, the City of Eden Prairie does not have oversight of and is not involved in the operation of public housing units, and therefore does not have a plan to address public housing improvements and resident initiatives. However, the City recognizes the new trend in single family homes becoming rental properties. Once owner occupied, the properties are acquired by investors and become rental, often Section 8 certified. When neighborhood issues arise the City's Housing& Community Services staff assess the situation and work with neighbors to help resolve the problems. Further, to help property owners understand the responsibilities of being a landlord, staff organized training for landlords, presented by an attorney from HomeLine, the tenant advocacy agency. The presentation was very well received and will become an annual initiative. The proposed actions the City of Eden Prairie will take to reduce the number of persons below the poverty line are seen in the public services programs we fund, both 17 2013 Eden Prairie Action Plan with our general funds and CDBG funds, which promote self-sufficiency. Funded social services programs such as the vehicle repair program, the emergency housing assistance program, Meals on Wheels, and others listed several times throughout this Action Plan have the common theme of helping people become or remain self sufficient. Helping people become or remain self-sufficient will reduce the likelihood that they will fall below the poverty line. Evaluating and Reducing Lead Based Paint Hazards In order to comply with the Lead-Safe Housing Rule, all homes built prior to 1978 will be tested for lead through the Hennepin County Housing, Community Works and Transit Lead Hazard Control. If lead hazards are found, they must be corrected and a clearance report must be completed. This process is completed following HUD regulations and guidelines. A significantly larger portion of Eden Prairie's housing stock was built after 1978, however, as redevelopment plans take place, the issue of reducing lead-based paint hazards will become more prominent. Resources Available to Address Community Development and Housing Needs Federal Resources • CDBG: The City of Eden Prairie uses CDBG funds to provide affordable rental and homeownership options. Using CDBG funding, the City has worked with developers to set aside affordable rental units in apartment complexes. The City has worked with the West Hennepin Affordable Housing Land Trust (WHAHLT) to construct five new town homes in a new development. The City currently funds a first time homebuyer program to help low/mod income people purchase affordable homes. CDBG Funds will be used to rehabilitate eight single family homes throughout the City. Eligible repairs include interior and exterior repairs. • Section 8: The City of Eden Prairie does not directly receive Section 8 funding. Eden Prairie's Section 8 Program is administered by Metropolitan Council Housing and Redevelopment Authority(HRA). State of Minnesota Resources • Minnesota Housing Finance Agency (MHFA): This agency provides first-time homebuyer programs, housing rehabilitation programs, and development and redevelopment financing through their Consolidated Request for Proposals (RFP) process. Since 1999, 117 loans have been made through the Minnesota City Participation Program (MCPP) First-Time Homebuyer Program to Eden Prairie residents. • Metropolitan Council Family Affordable Housing Program (FAHP): The City of Eden Prairie agreed to allow the Metropolitan Council to acquire, own, 18 2013 Eden Prairie Action Plan manage and operate up to 20 properties as public housing units in Eden Prairie. Currently, there are 19 units in Eden Prairie located in various developments throughout the City and there are no more than two units in any one development. Local Resources • Tax Increment Financing (TIF): The City has TIF agreements with developers of rental housing complexes to provide affordable rental for low/moderate income residents. Over 200 affordable units are in apartments, townhomes and senior living complexes spread across Eden Prairie. 19 2013 Eden Prairie Action Plan TABLE 3B -ANNUAL HOUSING COMPLETION GOALS Grantee Name: Eden Prairie Expected Annual Actual Annual Resources used during the period Number of Units Number of Units Program Year: 2013 To Be Completed Completed CDBG HOME ESG HOPWA ANNUAL AFFORDABLE HOUSING GOALS (SEC. 215) Homeless households ❑ ❑ ❑ ❑ Non-homeless households ❑ ❑ ❑ ❑ Special needs households ❑ ❑ ❑ ❑ ANNUAL AFFORDABLE RENTAL HOUSING GOALS (SEC. 215) Acquisition of existing units ❑ ❑ ❑ Production of new units ❑ ❑ ❑ Rehabilitation of existing units ❑ ❑ ❑ ❑ Rental Assistance 25 X ❑ ❑ Total Sec.215 Affordable Rental 25 X ❑ ❑ ❑ ANNUAL AFFORDABLE OWNER HOUSING GOALS (SEC. 215) Acquisition of existing units ❑ ❑ Production of new units ❑ ❑ Rehabilitation of existing units 10 X ❑ Homebuyer Assistance 1 X ❑ ❑ Total Sec.215 Affordable Owner 11 X ❑ ❑ ❑ ANNUAL AFFORDABLE HOUSING GOALS (SEC. 215) Acquisition of existing units ❑ ❑ ❑ Production of new units ❑ ❑ ❑ Rehabilitation of existing units ❑ ❑ ❑ ❑ Homebuyer Assistance ❑ ❑ ❑ Total Sec.215 Affordable Housing ❑ ❑ ❑ ❑ ANNUAL HOUSING GOALS Annual Rental Housing Goal 25 X ❑ ❑ ❑ Annual Owner Housing Goal 11 X ❑ ❑ ❑ Total Annual Housing Goal 36 X ❑ ❑ ❑ 20 2013 Eden Prairie Action Plan City of Eden Prairie Community Development Block Grant Performance Measurement System 2013 STRATEGY AL GOALS INPUTS ACTIVITIES OUTPUTS OUTCOMES 2.0 Existing Homeowners • Preserve Existing • $85,700of CDBG • Housing Rehabilitation • 10 rehabilitated homes • 10 households will receive housing Housing Stock • $70,000 of CDBG • Accessibility Improvements rehabilitation,accessibility improvements program income • Emergency Repairs and/or emergency repairs for the purpose (projected) of maintaining decent affordable housing • .5 staff member to administer housing rehabilitation program 3.0 Affordable Hosuing • Create new • $55,000 of CDBG • Provide funds for the acquisition of • 1 household assisted- • 2 households will have new access to homeownership • $25,000 of prior year's property by WHAHLT to be sold to WHAHLT. homeownership for the purpose of creating opportunities. CDBG income eligible people • 1 household assisted-First Time decent affordable housing • .5 staff member to • Provide down payment assistance, Homebuyer administer program slosing cost assistance and mortgage principle reduction. 6.0 Family Services • Emergency Housing • $55,000 of CDBG • Provide emergency funds for rent, • 25 families kept from • 25 families will be able to stay in current • Child Care mortgage,to prevent homelessness homelessness or displacement housing,increasing family stability, • Vehicle Rrepair • Provide access to quality and • 40 children receive day care preventing families from going to homeless affordable child care assistance shelters. • Provide tenant counseling services • 20 households will receive • 40 children will have access to affordable • Provide emergency funds for vehicle emergency vehicle repairs childcare allowing parents to work or seek repairs employment • 20 families will receive help getting their vehicles repaired,preventing them from missing work or losing their jobs due to transportation needs. 7.0 Senior Services • Help for seniors to • $9,000 of CDBG • Provide seniors with homemaker and • 40 residents will receive • 40 residents will receive maintenance, stay independent. maintenance chore services. household services. chore services and homemaking assistance to help keep them living independently. 21 2013 Eden Prairie Action Plan U.S. Department of Housing OMB Approval No.2506-0117 and Urban Development (Exp.4/30/2011) Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name City of Eden Prairie Priority Need High Project Affordable Housing Activity West Hennepin Affordable Housing Land Trust Description West Hennepin Affordable Housing Land Trust (WHAHLT)will help one income eligible family own their own home. WHAHLT retains ownership of the property thereby assuring that it will remain an affordable property for a term of 99 years. Objective category: ❑ Suitable Living Environment X Decent Housing ❑ Economic Opportunity Outcome category: ❑ Availability/Accessibility X Affordability Sustainability Location/Target Area: City Wide-Eden Prairie, MN Specific Objective Project ID Number Funding Sources: DH 2.1 CDBG $55,000 HUD Matrix Code CDBG Citation ESG 13 570.201(a) HOME Type of Recipient CDBG National Objective HOPWA Nonprofit 570.208(a) (3) Total Formula Start Date Completion Date Prior Year Funds 07/01/2013 06/30/2014 Assisted Housing Performance Indicator Annual Units PHA Housing Units 1 Other Funding Local ID Units Upon Completion Total $55,000 1 The primary purpose of the project is to help:111 the Homeless❑ Persons with HIV/AIDS❑ Persons with Disabilities 111 Public Housing Needs U.S. Department of Housing OMB Approval No.2506-0117 and Urban Development (Exp.4/30/2011) Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name City of Eden Prairie Priority Need High Project Housing Rehabilitation Loan Activity Single Family Rehab Description During the 2013 grant year, the City of Eden Prairie expects to rehabilitate 10 owner-occupied homes through the Housing Rehabilitation Loan Program. The program provides up to $30,000 for eligible repairs through a interest free, deferred loan, payable after 30 years or when the property is sold. Applications are accepted year round on a"first come, first served"basis. Applicants qualify based on their household income and the amount of equity in their home. Objective category: ❑Suitable Living Environment X Decent Housing ❑ Economic Opportunity Outcome category: ❑ Availability/Accessibility ❑ Affordability X Sustainability Location/Target Area: City Wide - Eden Prairie, MN Specific Objective Project ID Funding Sources: Number CDBG $85,700 DH 3.2 ESG HUD Matrix Code CDBG Citation HOME 14A 570.202 HOPWA Type of Recipient CDBG National Objective Total Formula $85,700 City 570.208(a)(3) Prior Year Funds $ 70,000 Start Date Completion Date 07/01/2013 06/30/2014 Assisted Housing Performance Indicator Annual Units PHA Households 10 Other Funding Local ID Units Upon Completion Total $155,700 10 The primary purpose of the project is to help:❑ the Homeless❑ Persons with HIV/AIDS❑ Persons with Disabilities l I Public Housing Needs U.S. Department of Housing OMB Approval No.2506-0117 and Urban Development (Exp.4/30/2011) Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name City of Eden Prairie Priority Need High Project Emergency Housing Assistance Activity People Reaching Out to Other People (PROP) Description Due to a change in the economy, PROP has seen an increased need for mortgage and rental assistance. The Emergency Housing Assistance Program, offered by PROP, will serve approximately 50 households, by providing emergency mortgage and rent payments for up to three months, keeping them from the threat of homelessness or displacement. Objective category: X Suitable Living Environment ❑ Decent Housing ❑ Economic Opportunity Outcome category: ❑ Availability/Accessibility Affordability X Sustainability Location/Target Area: City Wide—Eden Prairie, MN Specific Objective Project ID Number Funding Sources: SL 3.1 CDBG $25,000 HUD Matrix Code CDBG Citation ESG 05Q 570.201(n) HOME Type of Recipient CDBG National Objective HOPWA Nonprofit 570.208(a)(3) Total Formula $25,000 Start Date Completion Date Prior Year Funds 07/01/2013 06/30/2014 Assisted Housing Performance Indicator Annual Units PHA Households 25 Other Funding Local ID Units Upon Completion Total $25,000 25 The primary purpose of the project is to help:0 the Homeless❑ Persons with HIV/AIDS❑ Persons with Disabilities 0 Public Housing Needs U.S. Department of Housing OMB Approval No.2506-0117 and Urban Development (Exp.4/30/2011) Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name City of Eden Prairie Priority Need High Project Child Care Services Activity Southdale YMCA Description The Southdale YMCA provides low-income parents, who may be working or attending school, with child care fee assistance. The YMCA provides safe, structured, and affordable child care services before and after school, all day during summer, and when school's out for Eden Prairie families. It is estimated that 30 Eden Prairie children will be served. Objective category: ❑ Suitable Living Environment n Decent Housing X Economic Opportunity Outcome category: X Availability/Accessibility n Affordability n Sustainability Location/Target Area: City Wide- Eden Prairie, MN Specific Objective Project Ill Number Funding Sources: EO 1.1 CDBG $10,000 HUD Matrix Code CDBG Citation ESG 05L 570.201(e) HOME Type of Recipient CDBG National Objective HOPWA Nonprofit 570.208(a)(2) Total Formula $10,000 Start Date Completion Date Prior Year Funds 07/01/2013 06/30/2014 Assisted Housing Performance Indicator Annual Units PHA Households 30 Other Funding Local ID Units Upon Completion Total $10,000 30 The primary purpose of the project is to help:Li the Homeless U Persons with HIV/AIDS U Persons with Disabilities U Public Housing Needs U.S. Department of Housing OMB Approval No.2506-0117 and Urban Development (Exp.4/30/2011) Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name City of Eden Prairie Priority Need High Project Child Care Services Activity Independent School District 272 Description The Eden Prairie School District will continue to implement its own school age childcare program for one third of the students during the 2013-2014 school year. The CDBG allocation will be used by Independent School District 272 to subsidize before and after school childcare for low/mod income Eden Prairie families who need financial help. Independent School District 272 expects to serve approximately 10 households in 2013 Objective category: n Suitable Living Environment n Decent Housing X Economic Opportunity Outcome category: X Availability/Accessibility ❑ Affordability ❑ Sustainability Location/Target Area: City Wide- Eden Prairie, MN Specific Objective Project ID Number Funding Sources: EO 1.1 CDBG $5,000 HUD Matrix Code CDBG Citation ESG 05L 570.201(e) HOME Type of Recipient CDBG National Objective HOPWA Nonprofit 570.208(a)(2) Total Formula $5,000 Start Date Completion Date Prior Year Funds 07/01/2013 06/30/2014 Assisted Housing Performance Indicator Annual Units PHA Households 10 Other Funding Local ID Units Upon Completion Total $5,000 10 The primary purpose of the project is to help: fl the Homeless Persons with HIV/AIDS ri Persons with Disabilities 111 Public Housing Needs U.S. Department of Housing OMB Approval No.2506-0117 and Urban Development (Exp.4/30/2011) Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name City of Eden Prairie Priority Need High Project Senior Community Services Activity HOME Description H.O.M.E. helps maintain independence for elders and avoid premature nursing home placement by providing homemaker, maintenance and chore services. They expect to serve approximately 40 Eden Prairie residents in 2013. Objective category: ❑ Suitable Living Environment X Decent Housing ❑Economic Opportunity Outcome category: ❑ Availability/Accessibility Affordability X Sustainability Location/Target Area: City Wide—Eden Prairie, MN Specific Objective Project ID Number Funding Sources: DH 3.1 CDBG $9,000 HUD Matrix Code CDBG Citation ESG 05A 570.201(e) HOME Type of Recipient CDBG National Objective HOPWA Nonprofit 570.208(a)(2) Total Formula $9,000 Start Date Completion Date Prior Year Funds 07/01/2013 06/30/2014 Assisted Housing Performance Indicator Annual Units PHA Households 40 Other Funding Local ID Units Upon Completion Total $9,000 40 The primary purpose of the project is to help:111 the Homeless❑ Persons with HIV/AIDS❑ Persons with Disabilities 111 Public Housing Needs U.S. Department of Housing OMB Approval No.2506-0117 and Urban Development (Exp.4/30/2011) Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name City of Eden Prairie Priority Need High Project Fair Housing Activities Activity Hennepin County Description This initiative provides funding to promote fair housing choice, testing, enforcement, information and referral in suburban Hennepin County. Objective category: Suitable Living Environment X Decent Housing ❑ Economic Opportunity Outcome category: X Availability/Accessibility ❑ Affordability Sustainability Location/Target Area: City Wide—Eden Prairie, MN Specific Objective Project ID Number Funding Sources: CDBG $2,300 HUD Matrix Code CDBG Citation ESG 21D 570.206 HOME Type of Recipient CDBG National Objective HOPWA County Total Formula $2,300 Start Date Completion Date Prior Year Funds 07/01/2013 06/30/2014 Assisted Housing Performance Indicator Annual Units PHA Other Funding Local ID Units Upon Completion Total $2,300 1101 The primary purpose of the project is to help:❑ the Homeless❑ Persons with HIV/AIDS❑ Persons with Disabilities❑ Public Housing Needs U.S. Department of Housing OMB Approval No.2506-0117 and Urban Development (Exp.4/30/2011) Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name City of Eden Prairie Priority Need High Project Program Administration Activity Program Administration Description The program administration funds will be used to implement the CDBG Program. The City of Eden Prairie is a HUD entitlement city and there is greater administrative time needed to manage the program. Objective category: Suitable Living Environment I I Decent Housing ❑ Economic Opportunity Outcome category: ❑ Availability/Accessibility ❑ Affordability Sustainability Location/Target Area: City Wide—Eden Prairie, MN Specific Objective Project ID Number Funding Sources: CDBG $23,000 HUD Matrix Code CDBG Citation ESG 21A 570.206 HOME Type of Recipient CDBG National Objective HOPWA City Total Formula $23,000 Start Date Completion Date Prior Year Funds 07/01/2013 06/30/2014 Assisted Housing Performance Indicator Annual Units PHA Other Funding Local ID Units Upon Completion Total $23,000 1102 The primary purpose of the project is to help:❑ the Homeless❑ Persons with HIV/AIDS❑ Persons with Disabilities❑ Public Housing Needs Table 3C U.S. Department of Housing OMB Approval No.2506-0117 and Urban Development (Exp.4/30/2011) Consolidated Plan Listing of Projects Jurisdiction's Name City of Eden Prairie Priority Need High Project Community Action Partnership of Suburban Hennepin Activity Emergency Vehicle Repair Description The Car Repair Program is administered by Community Action Partnership of Suburban Hennepin. It was created in 2006 to help low/mod income Eden Prairie residents maintain self sufficiency. The car repair program will pay 75% of repairs up to $750. CAPSH expects to serve 20 households during 2013. Objective category: n Suitable Living Environment Decent Housing X Economic Opportunity Outcome category: X Availability/Accessibility Affordability Sustainability Location/Target Area: City Wide—Eden Prairie, MN Specific Objective Project ID Number Funding Sources: EO 1.2 CDBG $15,000 HUD Matrix Code CDBG Citation ESG 05E 570.201(e) HOME Type of Recipient CDBG National Objective HOPWA Nonprofit 570.208(a)(2) Total Formula $15,000 Start Date Completion Date Prior Year Funds 07/01/2013 06/30/2014 Assisted Housing Performance Indicator Annual Units PHA Households 10 Other Funding Local ID Units Upon Completion Total $15,000 10 The primary purpose of the project is to help:n the Homeless n Persons with HIV/AIDS n Persons with Disabilities n Public Housing Needs CITY COUNCIL AGENDA DATE: SECTION: Public Hearing March 5, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 11-5800 ITEM NO.: IX.B. Rod Rue Approve Layout No. 2A for the South Shady Oak Road(CSAH No. 61) Public Works/Engineering Improvements at the TH 212 Interchange Requested Action Move to: • Close Public Hearing; and • Adopt Resolution Approving Layout No. 2A for the South Shady Oak Road(CSAH No. 61) Improvements at the TH 212 Interchange Synopsis The Public Notice for the Public Hearing was published on February 21, 2013 in the Eden Prairie News. Individual notices were also sent to property owners and tenants along and adjacent to the Shady Oak Road corridor. Layout 2A provides a continuous 4-lane divided roadway with left and right turn lanes on Shady Oak Road extending over an expanded interchange at TH 212. In addition, multi-use trails are provided on both sides of Shady Oak Road for the entire length of the project. MnDOT has approved the layout and Hennepin County has provided a letter of concurrence with the layout. Background Information As a result of the continued UnitedHealth Group (UHG) development of its phase I project (currently under construction) and its expected additional phases, staff has been working with MnDOT and Hennepin County to develop the proposed layout and design plans for the improvement of the southern segment of the Shady Oak Road(CSAH No. 61) Improvements from 850 feet north of Rowland Road to 600 feet east of Flying Cloud Drive. This is the second phase of the larger Shady Oak Road project that includes improvements on Shady Oak Road from north of Highway 62 to east of Flying Cloud Drive. The first(northern)phase is currently under construction and anticipated to be substantially complete by November 2013. The following is a summary of the key elements of the South Shady Oak Road proposed layout: A. Public Involvement Three Public Open Houses have been held for the project the latest of which was held on Tuesday, January 29, at Wooddale Church, in which 31 people attended. At the Open House, attendees were able to view large-scale layouts and engage in one-on-one or small group discussions with staff. In particular, attendees were shown two options for construction of the TH 212 interchange; full closure or a staged option. Comment cards were distributed requesting feedback on attendees' preference of either option. The most common issue expressed by business owners was how the full closure would impact customer access, whereas the residents preferred the shorter construction time associated with the full closure. Previous Open Houses were held on November 17, 2011 and August 22, 2012 in combination with the North Shady Oak Road project. At the November 2011 Open House an initial concept for the roadway improvements was shown and at the August 2012 Open House information documenting the selection of a standard diamond interchange as the preferred Highway 212 interchange alternative was provided. In addition to the Open Houses, City staff and our design consultant, SRF Consulting Group, has worked on an individual basis with most of the directly impacted property owners, to discuss and address specific issues regarding the proposed design. The project webpage at www.edenprairie.org/shadyoak has also been maintained with current information and layouts throughout the development of the project. B. Proposed Layout The proposed layout for Shady Oak Road, which is available on the project webpage, is a four-lane divided roadway with left and right turn lanes including dual left turn lanes from Shady Oak Road to northbound and southbound Highway 212 and from Shady Oak Road to northbound Flying Cloud Drive. In addition, multi-use trails are proposed on both sides of Shady Oak Road for the entire length of the project. New permanent traffic signal systems are included at the City West Parkway/Bryant Lake Drive intersection, both Highway 212 ramp intersections and the Flying Cloud Drive intersection. The layout includes an expanded Highway 212 bridge and the shifting of the Shady Oak Road /Flying Cloud Drive intersection approximately 75-feet east of its existing location. This standard diamond interchange design was selected as the preferred design with the best benefit/cost after an extensive review of various interchange design alternatives. MnDOT has approved the layout and Hennepin County has provided a letter of concurrence with the layout. The proposed layout with the addition of the median, turn lanes and trails does significantly increase the footprint of Shady Oak Road. This increased footprint will impact a significant number of trees along the corridor and will require the acquisition of easements from all property owners immediately adjacent to the Shady Oak Road corridor. The primary impact to property owners will be the loss of setback area which varies by property. In addition there are several properties which will have temporary or permanent impacts to their parking lots. None of these impacts are anticipated to impact the existing and continued use of the individual properties. The project will also include a landscaping and aesthetic plan. The landscaping will be done in a manner similar to the north phase of the Shady Oak Road project and will include brick pavers, median plantings, decorative retaining walls and fencing, and tree replacement. In addition the Highway 212 bridge aesthetics are anticipated to be done in a manner similar to the Prairie Center Drive and Mitchell Road bridges over Highway 212. The layout also includes four proposed bench locations within the project area. One common request through the public involvement process was for a traffic signal at the Shady Oak Road/Rowland Road intersection. The need for traffic signal was reviewed in both existing and future conditions. The results indicated that the intersection will operate acceptably without a traffic signal and that traffic volumes are not high enough to warrant a traffic signal. As a result the project does not include the installation of a traffic signal at this location. The layout plan shows the right-in/right-out access remaining to the Shop NBC building in the southeast quadrant of the Shady Oak Road/Flying Cloud Drive intersection. Since this layout was developed, staff has been working with Shop NBC to address alternative access options to the property. As a result of these discussions, the design plans are being modified to eliminate the right-in/right-out access and through a frontage driveway around the north side of the of the building connect the westerly parking area with the adjacent access point to the east on Shady Oak Road. Shown on the layout between the Flying Cloud Drive intersection and the Highway 212 interchange is the locally preferred alternative (LPA) alignment of the Southwest Light Rail line. Coordination with the Southwest Project Office is ongoing and will be critical to the design and the construction schedule. C. Project Cost The preliminary total cost of the southern segment of the Shady Oak Road Improvements is estimated to be $32 million. The project will be funded through a variety of sources including a grant through the Transportation Economic Development Program(TED), Municipal State Aid(MSA), UHG, MnDOT and Hennepin County. Currently, it is anticipated that the MSA share will be in excess of 25% of the project costs. The UHG share, which is expected to be approximately 25%, is defined in their Developer's Agreement and the TED grant will provide $7 million to the project. In addition, City staff is working with Hennepin County to identify any potential funding they can provide to the project. Tax Increment Financing (TIF) and Transit Oriented Development(TOD) funding are also being explored as additional funding sources. D. Schedule As previously approved by the City Council, final design of the project is underway and expected to be complete in June 2014. Construction on the southern segment of Shady Oak Road is anticipated to begin in 2014 or 2015. This schedule is primarily dependent on coordination with the Southwest Light Rail project and the UHG development schedule. The project is anticipated to take approximately one and a half years to construct. Attachments • Resolution • Layout CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- APPROVE LAYOUT NO. 2A FOR THE IMPROVEMENT OF SHADY OAK ROAD (CSAH NO. 61) FROM 850 FEET NORTH OF ROWLAND ROAD TO 600 FEET EAST OF FLYING CLOUD DRIVE I.C. 11-5800 WHEREAS, the City Council of the City of Eden Prairie is the official governing body of the City of Eden Prairie; and WHEREAS, the City of Eden Prairie in cooperation with MnDOT and Hennepin County has prepared Layout No. 2A dated February 2013 for the improvement of Shady Oak Road(CSAH No. 61) from 850 feet north of Rowland Road to 600 feet east of Flying Cloud Drive; and WHEREAS, Layout No. 2A is consistent with the City of Eden Prairie's Transportation Plan. NOW, THEREFORE, BE IT RESOLVED that the Eden Prairie City Council approves Layout No. 2A, as modified below, for the improvement of Shady Oak Road (CSAH No. 61) from 850 feet north of Rowland Road to 600 feet east of Flying Cloud Drive; and BE IT FURTHER RESOLVED that the City of Eden Prairie will work to minimize construction impacts and will work to maintain access to all properties throughout construction with as little disruption as possible; and BE IT FURTHER RESOLVED that Layout No. 2A is modified to eliminate the westerly right- in / right-out access point to the 6678 to 6698 Shady Oak Road building and include a frontage driveway from the westerly parking area around the north side of the building to the adjacent access point to the east. ADOPTED by the Eden Prairie City Council on March 5, 2013. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk ` z ti i -1 l Vli `s i `,.,, ' " . a. 1 .n •. _ �t 1 ', /' O oamo• � ,,.. 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'_" bit - : "": . ..21: -.."thrir 47 "' „m, ¢ i/ .P VHF%iiii tottl ell ., \ ' O ago•.. a..,: V ® 1�' 7. f CITY COUNCIL AGENDA DATE: March 5, 2013 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C. Community Code Amendment—Convenience Gas Development/Planning Regulations Janet Jeremiah/Regina Rojas Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance amending City Code Section 11.03 relating to convenience gas regulations in all commercial zoning districts, and adopting by reference City Code Chapter 1 and Sections 2.99 and 11.99 which, among other things, contain penalty provisions. Synopsis The proposed change is to amend the code to add convenience gas regulations to all commercial zoning districts. Background Information On January 8, 2013, the City Council approved the creation of the Airport Commercial Zoning District which included the following convenience gas regulations: (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. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the code change at the February 11, 2013 meeting. Attachments 1. Ordinance 2. Staff Report 3. Planning Commission Minutes CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.03 SUBD 2.A.14 RELATING TO CRITERIA FOR GASOLINE/CONVENIENCE STORES SO THAT THE CRITERIA APPLY ALSO IN THE C- COM, C-REG-SERV, C-HWY AND N-COM DISTRICTS 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. 2.A.14 is amended by inserting in the first line after reference to "A-C"the following: ",C-COM, C-REG,C-REG-SERV, C-HWY, AND N-COM and changing the word District to Districts. Section 2. 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 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 5th day of March, 2013, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 5th day of March 2013. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on the day of , 2013. STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: February 11, 2013 PROJECT: Code Amendment—Convenience Gas Regulations CODE AMENDMENT The proposed change is to allow amend the code to add convenience gas regulations to all commercial zoning districts. BACKGROUND On January 8, 2013, the City Council approved convenience gas regulations for the Airport Commercial Zoning District. (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. STAFF RECOMMENDATION Staff recommends approval. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, FEBRUARY 11, 2013 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Steven Frank, Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Mike Franzen, City Planner Stu Fox, Manager of Parks and Natural Resources Rod Rue, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE —ROLL CALL Vice Chair Fyten called the meeting to order at 7:00 p.m. Pitzrick and Stoltz were absent. II. APPROVAL OF AGENDA MOTION by Kirk, seconded by Schultz, to approve the agenda. Motion carried 7-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON JANUARY 28, 2013 Wuttke had a change to the minutes on page 2,paragraph 5, sentence 1. He would like the word"objections" changed to "comments". MOTION by Schultz, seconded by Lee, to approve the minutes as amended. Motion carried 5-0. Kirk and Lechelt abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS February 11, 2013 Page 2 A. CODE AMENDMENT RELATING TO CONVENIENCE GAS REGULATIONS by City of Eden Prairie Request to: • Amend City Code Chapter 11, Section 11.03, Subd. 2.A.14 relating to criteria for gasoline/convenience stores so that the criteria apply also in the C-Com, C-Reg-Serv, C-Hwy and N-Com districts. Franzen presented the code amendment and stated the rules set forth in the code are to help minimize the impact of a convenience gas store next to residential areas. On January 8, 2013 the City Council approved convenience gas regulations for the Airport Commercial Zoning District. Staff recommends approval of the code amendment. Vice Chair Fyten opened the meeting up for public input. There was no input. MOTION by Schultz, seconded by Lee, to close the public hearing. Motion carried 7-0. MOTION by Schultz, seconded by Kirk, to recommend approval of the Amendment to City Code Chapter 11, Section 11..03, Subd. 2.A.14 relating to criteria for gasoline/convenience stores so that the criteria apply also in the C-Corn, C-Reg-Serv, C-Hwy and N-Com districts based on the staff report dated February 8, 2013. Motion carried 7-0. VII. PLANNERS' REPORT VIII. MEMBERS' REPORT A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Schultz, seconded by Frank, to adjourn the meeting. Motion carried 7-0. There being no further business, the meeting was adjourned at 7:06 p.m. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims March 5, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 224485-224784 Wire Transfers 1002819 - 1002941 Wire Transfers 4670—4679 City of Eden Prairie Council Check Summary 3/5/2013 Division Amount Division Amount General 57,723 316 WAFTA 115 100 City Manager 7,605 803 Escrow Fund 4,994 101 Legislative 99 804 100 Year History 1 102 Legal Counsel 56,073 807 Benefits Fund 661,769 110 City Clerk 192 810 Workers Comp Insurance 125,173 111 Customer Service 1,349 811 Property Insurance 117,959 113 Communications 9,530 812 Fleet Internal Service 19,051 114 Benefits&Training 1,820 813 IT Internal Service 51,793 130 Assessing 74 814 Facilities Capital ISF 59,296 131 Finance 724 815 Facilites Operating ISF 42,586 132 Housing and Community Services 566 816 Facilites City Center ISF 81,382 133 Planning -242 817 Facilites Comm.Center ISF 67,799 136 Public Safety Communications 592 Total Internal Service Funds 1,231,918 137 Economic Development 99 138 Community Development Admin. 149 Report Total 2,400,339 150 Park Administration 75 151 Park Maintenance 6,823 153 Organized Athletics 520 154 Community Center 12,587 156 Youth Programs 602 158 Senior Center 4,510 162 Arts 1,441 163 Outdoor Center 24 167 CC-Youth Programs 823 168 Arts Center 100 180 Police 48,539 183 Emergency Preparedness 239 184 Fire 4,721 200 Engineering 501 201 Street Maintenance 12,035 202 Street Lighting 78,385 Total General Funds 308,279 301 CDBG 20,545 303 Cemetary Operation 567 308 E-911 994 309 DWI Forfeiture 9,520 312 Recycle Rebate 150 Total Special Revenue Funds 31,775 424 G.O.Improvement Bonds 2003D 431 Total Debt Service Funds 431 315 Economic Development 299 509 CIP Fund 123,170 526 Transportation Fund 47 528 Shady Oak Rd-CR 61 North 59,648 529 Shady Oak Rd-CR 61 South 52,058 Total Capital Project Funds 235,222 601 Prairie Village Liquor 124,446 602 Den Road Liquor 181,589 603 Prairie View Liquor 130,317 605 Den Road Building 3,508 701 Water Fund 138,989 702 Sewer Fund 3,268 703 Storm Drainage Fund 10,596 Total Enterprise Funds 592,713 City of Eden Prairie Council Check Register 3/5/2013 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 224700 305,901 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Medical&Dental Premium 224717 243,133 LEAGUE MN CITIES INS TRUST Insurance Property Insurance Property Insurance 4675 217,659 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld 1002881 174,973 XCEL ENERGY Electric Public Safety Communications Monthly Utilities 4678 135,357 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 1002862 123,170 ODESA II LLC Land Improvements Capital Impr./Maint.Fund Round Lake Park 1002930 109,728 SRF CONSULTING GROUP INC Design&Engineering Shady Oak Rd-CR 61 South Improvements-Shady Oak/61 South 4672 105,369 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund Sales&Use Tax 1002908 40,634 GREGERSON ROSOW JOHNSON&NILA Legal Project Fund 224713 39,266 JOHNSON BROTHERS LIQUOR CO Transportation Prairie Village Liquor Store 1002893 37,856 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant 224551 37,698 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store 224766 34,286 STEVENS ENGINEERS Other Contracted Services Facilities Capital 224777 30,087 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store 224686 27,500 CORNERSTONE Other Contracted Services Police 224670 25,010 ARENA SOLUTIONS INC Other Contracted Services Facilities Capital 224664 23,859 ABM JANITORIALSERVICES-NORTH C Janitor Service City Hall-CAM 224762 23,342 SOUTHERN WINE&SPIRITS OF MN Transportation Den Road Liquor Store 1002898 22,997 DIVERSE BUILDING MAINTENANCE Janitor Service Senior Center 4677 22,633 ING Deferred Compensation General Fund 224778 21,447 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store 1002846 18,333 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Prosecution 224749 16,624 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 224735 16,374 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 224657 16,176 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store 4676 16,144 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1002932 15,768 THORPE DISTRIBUTING Beer Den Road Liquor Store 224627 15,449 SOUTHERN WINE&SPIRITS OF MN Transportation Den Road Liquor Store 1002834 15,220 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 224550 14,435 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store 1002940 14,275 XCEL ENERGY Electric City Hall-CAM 224750 12,732 PRAIRIEVIEW RETAIL LLC Repair&Maint.Supplies Prairie View Liquor Store 224658 11,157 WIRTZ BEVERAGE MINNESOTA BEER Beer Den Road Liquor Store 224597 11,013 PHILLIPS WINE AND SPIRITS INC Beer Den Road Liquor Store 224676 10,850 BERGERSON-CASWELL INC Equipment Repair&Maint Water Wells 1002894 10,766 COMPAR INC Computers IT Operating 224748 10,546 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 1002872 9,793 THORPE DISTRIBUTING Beer Den Road Liquor Store 224571 9,478 MATTS AUTO SERVICE INC Other Contracted Services DWI Forfeiture 224529 9,015 GAWA,NAMGYAL Other Contracted Services Rehab 1002937 8,870 WALL TRENDS INC Contract Svcs-Gen.Bldg City Center Operations 1002896 8,763 DAY DISTRIBUTING Beer Den Road Liquor Store 1002825 8,456 CENTERPOINT ENERGY Gas Homeward Hills Park 224747 8,336 PERFORMANCE KENNELS INC Capital Under$25,000 Police 224624 8,100 SITEIMPROVE,INC Other Contracted Services Communications 224628 7,505 SOUTHWEST SUBURBAN CABLE COMMI Dues&Subscriptions Administration 224775 7,440 WEBQA INC Software IT Operating 224536 7,300 GRAYMONT Treatment Chemicals Water Treatment Plant 224698 7,292 GRAYMONT Treatment Chemicals Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1002885 6,911 A-SCAPE INC Contract Svcs-Snow Removal Den Bldg.-CAM 1002939 6,662 WENCK ASSOCIATES INC Design&Engineering Storm Drainage 224606 6,660 RENEWAL BY ANDERSEN Other Contracted Services Rehab 1002835 6,621 DAY DISTRIBUTING Beer Den Road Liquor Store 224746 6,308 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 1002916 6,060 LAWN RANGER,INC,THE Contract Svcs-Snow Removal Fire Station#1 224712 5,885 JJ TAYLOR DISTRIBUTING MINNESO Transportation Den Road Liquor Store 224593 5,761 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 224567 5,701 M R SIGN Signs Traffic Signs 224743 4,995 NORTHLAND SYSTEMS INC Other Contracted Services IT Operating 224761 4,266 SIEMENS INDUSTRY INC Equipment Repair&Maint Water Treatment Plant 224564 4,253 LAYTON'S FLOORING Other Contracted Services Rehab 1002820 3,937 ASPEN WASTE SYSTEMS INC. Waste Disposal Fitness/Conference-Cmty Ctr 224534 3,890 GOODPOINTE TECHNOLOGY Software Maintenance IT Operating 224741 3,870 NORTHERN AIR CORPORATION Contract Svcs-HVAC City Hall-CAM 224673 3,821 BARR ENGINEERING COMPANY Design&Engineering Storm Drainage 1002922 3,817 NEW WORLD SYSTEMS Conference Expense IT Operating 1002887 3,724 BELLBOY CORPORATION Transportation Prairie View Liquor Store 224493 3,700 BAKER TILLY VIRCHOW KRAUSE LLP Software Maintenance IT Operating 224770 3,680 TITAN ENERGY SYSTEMS Contract Svcs-Fire/Life/Safe Fitness/Conference-Cmty Ctr 224517 3,480 DYNAMIC IMAGING SYSTEMS INC Software Maintenance IT Operating 224780 3,099 XTREME INTEGRATION Computers Senior Center Admin 224645 2,913 VERIZON WIRELESS Wireless Subscription IT Operating 1002906 2,905 GRANICUS INC Software Maintenance IT Operating 224721 2,839 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 1002874 2,791 TOLL GAS AND WELDING SUPPLY Repair&Maint.Supplies Water Treatment Plant 1002873 2,779 T-MOBILE USA Deposits Escrow 1002935 2,732 VAN PAPER COMPANY Cleaning Supplies Ice Arena Maintenance 224776 2,651 WINE MERCHANTS INC Transportation Prairie Village Liquor Store 1002851 2,611 INTERSTATE POWER SYSTEMS INC Maintenance Contracts Water Treatment Plant 1002879 2,587 WINE COMPANY,THE Transportation Den Road Liquor Store 1002826 2,563 CERIDIAN Ceridian IT Operating 224692 2,476 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 224655 2,314 WINE MERCHANTS INC Transportation Den Road Liquor Store 224579 2,304 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 1002829 2,260 CLAUDE'S CERAMIC TILE INC Contract Svcs-General Bldg Dunn Brothers 224704 2,228 HOHENSTEINS INC Beer Prairie Village Liquor Store 224541 2,214 HENNEPIN COUNTY ACCOUNTS RECEI Board of Prisoner Police 224674 2,169 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 224635 2,040 STRAND MANUFACTURING CO INC Equipment Repair&Maint Water Treatment Plant 224601 2,028 PRAIRIE LAWN AND GARDEN Landscape Materials/Supp Street Maintenance 224555 2,005 KEEPERS Clothing&Uniforms Fire 1002876 1,963 VAN PAPER COMPANY C H Robinson-Cleaning Suppli City Hall-Direct Costs 224745 1,954 PAPCO INC Janitor Service Fitness/Conference-Cmty Ctr 4670 1,945 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 224548 1,914 IMPACT PROVEN SOLUTIONS Other Contracted Services Sewer Accounting 1002822 1,857 BELLBOY CORPORATION Transportation Den Road Liquor Store 224709 1,820 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 224753 1,800 QUANTUM ART INC Software Maintenance IT Operating 224524 1,762 FORMS&SYSTEMS OF MINNESOTA Printing Police 1002847 1,747 HACH COMPANY Process Control Equipment Water Treatment Plant 224723 1,700 MARTIN-MCALLISTER Employment Support Test Organizational Services 224622 1,589 SHI CORP Software Communications Check# Amount Vendor/Explanation Account Description Business Unit Explanation 224680 1,588 BLOOMINGTON,CITY OF Kennel Services Animal Control 1002877 1,560 VINOCOPIA Transportation Den Road Liquor Store 224690 1,556 EDEN PRAIRIE HIGH SCHOOL Facility Rtl-Tax Exempt Ice Rink#1 1002875 1,487 USA MOBILITY WIRELESS INC Pager&Cell Phone IT Operating 1002888 1,472 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 224503 1,451 BRAAS CO Equipment Repair&Maint Water Treatment Plant 1002911 1,361 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Water Treatment Plant 1002871 1,329 STREICHERS Clothing&Uniforms Police 224769 1,316 SURLY BREWING CO Beer Den Road Liquor Store 1002882 1,227 ZIEGLER INC Equipment Repair&Maint Fleet Operating 1002915 1,212 LANDS END CORPORATE SALES Clothing&Uniforms Police 224543 1,206 HOHENSTEINS INC Beer Prairie View Liquor Store 224678 1,178 BERRY COFFEE COMPANY Merchandise for Resale Concessions 4673 1,158 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 1002905 1,131 GRAINGER Supplies-Garden Rm/Cafeteria City Hall-CAM 1002909 1,114 IBM CORPORATION Software Maintenance IT Operating 1002919 1,112 METRO SALES INCORPORATED* Other Rentals IT Operating 224728 1,106 MIDWEST LOCK&SAFE Contract Svcs-Security Cummins Grill House 1002845 1,083 GRAINGER Telephone Police City Center 224668 1,073 ALTERNATIVE BUSINESS FURNITURE Capital Under$25,000 FF&E-Furn,Fixtures&Equip. 1002828 1,063 CLAREY'S SAFETY EQUIPMENT Safety Supplies Water Treatment Plant 224535 1,045 GRAPE BEGINNINGS Transportation Den Road Liquor Store 224739 1,004 NEW BRIGHTON FORD Equipment Parts Fleet Operating 224647 1,000 W GORDON SMITH COMPANY,THE Signs Park Maintenance 1002837 999 FASTENAL COMPANY Small Tools Fire 224699 991 GYM WORKS Equipment Repair&Maint Fitness Center 4674 981 CERIDIAN Garnishment Withheld General Fund 224520 945 EDINA,CITY OF Other Contracted Services Communications 1002824 925 BOYER TRUCKS Equipment Parts Fleet Operating 224719 924 LIONS TAP Operating Supplies Police 1002865 900 PARLEY LAKE WINERY Wine Domestic Den Road Liquor Store 1002830 890 COMPAR INC Computers Utility Operations-General 224711 885 J H LARSON COMPANY Supplies-Electrical Public Works/Parks 224575 860 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store 1002920 860 MULCAHY COMPANY INC Equipment Repair&Maint Water Treatment Plant 224696 825 GE CAPITAL Other Rentals IT Operating 1002914 823 KIDS TEAM TENNIS LLC Instructor Service CC-Tennis 224625 774 SKY FOOD CATERING INC Supplies-General Bldg City Hall-CAM 224727 771 MIDWEST COCA COLA BOTTLING COM Merchandise for Resale Concessions 224638 765 SURLY BREWING CO Beer Den Road Liquor Store 224667 750 ALLIED GENERATORS Equipment Repair&Maint Sewer Liftstation 1002843 739 GINA MARIAS INC Operating Supplies Police 1002897 722 DE LAGE LANDEN FINANCIAL SERVI Other Rentals IT Operating 224497 699 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 1002831 695 CONCRETE CUTTING&CORING INC Operating Supplies Street Maintenance 224646 688 VTI Contract Svcs-Security Fitness/Conference-Cmty Ctr 224738 670 NAHRO Dues&Subscriptions Community Development Admin. 224783 650 LAWSON,APRIL R Other Contracted Services Winter Theatre 1002844 650 GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance 224677 645 BERNICK'S WINE Misc Non-Taxable Den Road Liquor Store 224726 636 MEDICINE LAKE TOURS Special Event Fees Trips 224549 630 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 1002891 612 BOYER TRUCKS Equipment Parts Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1002854 602 LAWN RANGER,INC,THE Contract Svcs-Snow Removal City Hall-CAM 224782 600 KRAFT,MATTHEW E Other Contracted Services Winter Theatre 224732 596 MINNESOTA RESTAURANT&COMMERC Supplies-Garden Room Garden Room Repairs 224755 577 SARAH PIERCE PHOTOGRAPHY Other Contracted Services Communications 1002878 577 WATSON CO INC,THE Merchandise for Resale Concessions 224683 577 CHASKA PARKS AND RECREATION Instructor Service Special Events&Trips 4679 570 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 224648 550 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 224687 550 D H EXCAVATING Other Contracted Services Pleasant Hill Cemetery 224500 539 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1002931 535 STREICHERS Clothing&Uniforms Police 224702 534 HENNEPIN COUNTY UT DEPT Software Maintenance IT Operating 1002938 533 WATSON CO INC,THE Merchandise for Resale Concessions 224729 529 MINNESOTA CONWAY Operating Supplies Fire 224602 525 PRISMA LLC Tuition Reimbursement/School Fire 224695 524 GARDEN ROOM FRATELLI'S GARDEN Special Event Fees Senior Center Programs 1002941 520 IND SCHOOL DIST 272 Gym Rental Volleyball 1002899 519 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 224724 506 MATSON,TOM Small Tools Fleet Operating 224490 500 ANDERSON,STEVE Deposits-P&R Refunds Community Center Admin 224763 467 SPEEDPRO IMAGING INC Operating Supplies Ice Rink#1 224768 465 SUN NEWSPAPERS Printing Community Center Admin 224630 459 STAPLES ADVANTAGE Office Supplies Customer Service 1002926 445 REINDERS INC Operating Supplies Park Maintenance 224742 443 NORTHERN DEWATERING INC Deposits Escrow 224752 442 PROP United Way Withheld General Fund 1002850 440 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Operating 224689 438 DOMACE VINO Transportation Prairie Village Liquor Store 1002884 436 AMERITRAK Other Contracted Services Snow&Ice Control 224565 432 LIFT BRIDGE BREWERY Beer Den Road Liquor Store 224771 431 U S BANK Paying Agent G.O.Improvement Bonds 2003D 224583 417 NEW AMERICAN ACADEMY Other Contracted Services Housing and Community Service 1002907 414 GREATAMERICA FINANCIAL SVCS Postage Customer Service 1002858 411 METROPOLITAN FORD Equipment Parts Fleet Operating 1002921 394 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 224675 391 BECKER ARENA PRODUCTS INC Building Repair&Maint. Fitness Center 224710 389 J A G FITNESS SERVICES LLC Equipment Repair&Maint Fitness Center 1002892 369 CARDIAC SCIENCE CORPORATION EMS Supplies Fire 224499 365 BERNICK'S WINE Beer Prairie View Liquor Store 224623 364 SIGNSOURCE Direct Tenant#3-Comp.Nutrit Den Bldg.-Direct 224701 360 HENNEPIN CO TAXPAYER SERVICES Software Maintenance IT Operating 224540 355 HENNEPIN CO TAXPAYER SERVICES Software Maintenance IT Operating 224740 350 NORTHEAST WISCONSIN TECHNICAL Tuition Reimbursement/School Police 224507 347 CENTURYLINK Telephone IT Telephone 1002925 343 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1002895 339 COMPRESSED AIR CONCEPTS LLLC Contract Svcs-General Bldg Public Works/Parks 224488 338 AMERIPRIDE LINEN&APPAREL SER Operating Supplies Fire 224781 338 HENNEPIN CO TAXPAYER SERVICES Software Maintenance IT Operating 224518 325 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Parks Administration 1002860 314 MULCAHY COMPANY INC Supplies-HVAC City Hall-CAM 224573 310 MECA Conference Expense Engineering 224485 309 ABLE HOSE&RUBBER INC Equipment Repair&Maint Water Treatment Plant 224773 305 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire Check# Amount Vendor/Explanation Account Description Business Unit Explanation 224603 300 QUALITY REFRIGERATION Equipment Repair&Maint Concessions 224731 300 MINNESOTA DEPT OF LABOR AND IN Contract Svcs-Elevator Senior Center 224679 299 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Garden Romm Garden Room Repairs 224705 294 HOME DEPOT CREDIT SERVICES Supplies-Plumbing Arts Center 1002823 280 BOUNDLESS NETWORK Operating Supplies Ice Rink#1 1002900 275 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 224491 273 ASTLEFORD EQUIPMENT COMPANY IN Equipment Parts Fleet Operating 224659 272 WU,PEILUN AR Utility Water Enterprise Fund 1002917 268 MATHESON TRI-GAS INC Repair&Maint.Supplies Water Treatment Plant 1002857 265 METRO FIRE Repair&Maint.Supplies Fire 1002819 261 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 224671 258 ARGONICS INC Equipment Parts Fleet Operating 1002840 249 FLEETPRIDE INC Equipment Repair&Maint Fleet Operating 1002852 245 JANEX INC Cleaning Supplies Fire Station#1 224697 244 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 1002901 242 FASTENAL COMPANY Repair&Maint.Supplies Storm Drainage 224708 239 INNOVATIVE DATA SYSTEMS Other Contracted Services Emergency Preparedness 224562 236 LAKE COUNTRY DOOR LLC Building Repair&Maint. Water Treatment Plant 1002841 231 FORCE AMERICA Equipment Repair&Maint Fleet Operating 224685 224 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 224487 221 AMERICAN BOTTLING COMPANY,THE Misc Taxable Den Road Liquor Store 1002836 221 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 1002832 219 CONNEY SAFETY PRODUCTS Office Supplies Customer Service 224706 208 IDEA CREEK LLC,THE Operating Supplies Fire 224511 207 COMCAST Wireless Subscription IT Operating 1002889 207 BOBBY&STEVE'S AUTO WORLD EDE Equipment Repair&Maint Police 224772 202 UNITED WAY United Way Withheld General Fund 1002928 200 SCHWAB VOLLHABER LUBRATT SERVI Contract Svcs-HVAC City Hall-CAM 1002918 199 MENARDS Operating Supplies Street Maintenance 1002848 199 HD SUPPLY FACILITIES MAINTENAN Supplies-HVAC Park Shelters 224494 196 BATTERIES PLUS Operating Supplies Fire 4671 194 OPTUM HEALTH Other Contracted Services Health and Benefits 1002866 192 PORTA,KITTY Mileage&Parking City Clerk 224707 192 INDUSTRIAL SUPPLY CO INC Equipment Repair&Maint Water Treatment Plant 224566 191 LIGHTNING PRINTING INC Printing Winter Theatre 224784 191 CHRISTENSEN,JOHN Deposits Escrow 224666 184 AIM ELECTRONICS Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 224725 183 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating 224693 181 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 1002903 181 FORCE AMERICA Equipment Parts Fleet Operating 224774 180 VTI Building Repair&Maint. Water Treatment Plant 1002861 175 NEWTON,J.RANDALL Mileage&Parking Transportation Fund 1002924 162 PRINTERS SERVICE INC Repair&Maint-Ice Rink Ice Arena Maintenance 224574 160 MI,KAN Deposits Community Center Admin 1002890 160 BOUNDLESS NETWORK Operating Supplies Community Center Admin 1002859 158 MOTOROLA Equipment Repair&Maint Public Safety Communications 224669 157 AMERIPRIDE LINEN&APPAREL SER Operating Supplies Fire 224714 155 KEEPERS Clothing&Uniforms Fire 224765 151 STAPLES ADVANTAGE Office Supplies Customer Service 224754 150 RECYCLING ASSOCIATION OF MINNE Dues&Subscriptions Recycle Rebate 224663 144 440400-NCPERS MINNESOTA PERA Health and Benefits 224757 143 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance 224589 141 PAPER DIRECT INC Operating Supplies Ice Show Check# Amount Vendor/Explanation Account Description Business Unit Explanation 224595 140 PHAM,KATIE&TRUNG Deposits Community Center Admin 224598 140 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store 224736 135 MPCA Licenses&Taxes Sewer Utility-General 1002855 135 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 1002842 135 G&K SERVICES Clothing&Uniforms Fleet Operating 1002883 128 AMERICAN SOLUTIONS FOR BUSINES Clothing&Uniforms Community Center Admin 224722 127 MANKATO BREWERY Beer Den Road Liquor Store 224734 125 MN CHIEFS OF POLICE Conference Expense Police 224514 124 DESIGN DESIGN Transportation Den Road Liquor Store 1002863 123 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 1002912 122 JANEX INC Cleaning Supplies Fire Station#1 224495 122 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 224767 122 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 224547 120 IACP Dues&Subscriptions Police 224764 120 SQUARE CUT Instructor Service Senior Center Programs 224744 117 OXYGEN SERVICE COMPANY Operating Supplies Fire 1002867 116 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1002927 115 SCHNICKEL,JENNY Canine Supplies Police 224672 107 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 1002869 104 SCHARBER&SONS Equipment Parts Fleet Operating 224591 101 PATROW,CARL AR Utility Water Enterprise Fund 224558 100 KOEPPL,JAMES AR Utility Water Enterprise Fund 224615 100 SCHMID,ARLENE Refunds Environmental Education 224618 100 SCHUMACHER,MATT Refunds Environmental Education 1002913 100 KIDCREATE STUDIO Instructor Service Arts Center 224682 98 CAMPBELL KNUTSON,P.A. Legal WAFTA 224758 98 SCHWANKE,BENJAMIN T Deposits Escrow 224640 97 TAPPER,JESSICA Travel Expense Prairie Village Liquor Store 1002827 97 CHINANDER,ELIZABETH Travel Expense Den Road Liquor Store 1002849 97 HOLMGREN,GRETCHEN Travel Expense Prairie Village Liquor Store 1002880 97 WOLD,TANA Travel Expense Prairie View Liquor Store 224688 96 DIRECTV Cable TV Community Center Admin 1002833 93 CUSTOM HOSE TECH Equipment Parts Fleet Operating 224665 93 AERISON,ANDREA Deposits-P&R Refunds Community Center Admin 224716 92 LAURSEN PIANO SERVICE Equipment Repair&Maint Senior Center Admin 1002902 87 FERRELLGAS Repair&Maint.Supplies Utility Operations-General 1002856 87 MENARDS Operating Supplies Street Maintenance 224617 84 SCHOENECKER,AARON AR Utility Water Enterprise Fund 1002934 78 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Den Road Liquor Store 224639 78 SZPYLKA,JOHN AR Utility Water Enterprise Fund 224760 76 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store 224759 75 SEELYE Repair&Maint.Supplies Water Treatment Plant 224629 73 SPRING LAKE PARK FIRE DEPT INC Tuition Reimbursement/School Fire 224737 73 MPX GROUP,THE Printing Police 224703 65 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 224530 65 GENERAL PARTS Supplies-Garden Room Garden Room Repairs 224730 64 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water System Maintenance 1002904 64 G&K SERVICES Clothing&Uniforms Fleet Operating 1002853 63 KRAUSE,MARY Mileage&Parking Engineering 224616 60 SCHMIDT,ELIZABETH Deposits Community Center Admin 224718 59 LIBERTY TIRE RECYCLING LLC Waste Disposal Fleet Operating 224570 58 MATSON,TOM Small Tools Fleet Operating 1002886 57 ATLANTIC TACTICAL Clothing&Uniforms Police Check# Amount Vendor/Explanation Account Description Business Unit Explanation 224643 57 UNIFORMS UNLIMITED Clothing&Uniforms Police 224578 55 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 224513 50 DEHLER,ROBERT Refunds Environmental Education 224661 50 YAHNA,JOSEPH Refunds Environmental Education 1002864 49 PARK SUPPLY OF AMERICA INC Supplies-Plumbing Fitness/Conference-Cmty Ctr 1002838 46 FEDEX KINKO'S OFFICE AND PRINT Advertising Prairie Village Liquor Store 224694 45 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 224527 44 FREEMAN,BARBARA Refunds Environmental Education 224649 44 WATERS,CLIFFORD AR Utility Water Enterprise Fund 1002923 41 PARK SUPPLY OF AMERICA INC Supplies-Plumbing Police City Center 224489 40 ANDERSON,MARTHA Deposits Community Center Admin 224515 40 DEUEL,ANN&RICK Deposits Community Center Admin 224592 40 PAULSON,DAVID&MARY Deposits Community Center Admin 224594 40 PETERSON,JOHN&HARRIET Deposits Community Center Admin 224614 40 SARLES,KATHLEEN&DONALD Deposits Community Center Admin 1002933 40 TOLL GAS AND WELDING SUPPLY Operating Supplies Park Maintenance 1002936 40 W P&R S MARS CO Equipment Parts Fleet Operating 224512 37 CUB FOODS EDEN PRAIRIE Clothing&Uniforms Reserves 1002839 37 FERRELLGAS Equipment Parts Fleet Operating 1002929 36 SHRED-IT USA MINNEAPOLIS Other Contracted Services Community Center Admin 224620 36 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store 224519 33 EDEN PRAIRIE WINLECTRIC Building Repair&Maint. Park Maintenance 1002821 32 ATLANTIC TACTICAL Clothing&Uniforms Police 224492 30 AULIZIA,NANCY&RICHARD Deposits Community Center Admin 224498 30 BENDER,JOHN&BARBARA Deposits Community Center Admin 224508 30 CHAN,NU&YIP Deposits Community Center Admin 224516 30 DUPONT,JOSEPH&DOROTHY Deposits Community Center Admin 224533 30 GOKE,JANE&CURTIS Deposits Community Center Admin 224542 30 HJERMSTAD,RODNEY&TERI Deposits Community Center Admin 224561 30 LAFRENZ,DALE&MARY Deposits Community Center Admin 224563 30 LAWRENZ,ROBERT&LURA Deposits Community Center Admin 224572 30 MCDONALD,JOHN&CATHERINE Deposits Community Center Admin 224577 30 MILLER,SUSAN AR Utility Water Enterprise Fund 224581 30 MOOS,LAWREN&KATHLEEN Deposits Community Center Admin 224586 30 OLSON,ALAN K&JANET Deposits Community Center Admin 224600 30 PORTER,DEBRA&BOBBY Deposits Community Center Admin 224610 30 ROSEEN,BEVERLY&JAMES Deposits Community Center Admin 224611 30 ROSS,KENNETH&DOROTHY Deposits Community Center Admin 224621 30 SHANE,HUBI Deposits-P&R Refunds Community Center Admin 224654 30 WILLIAMS,DENNIS&BONNIE Deposits Community Center Admin 224608 29 ROGERS,ELIZABETH AR Utility Water Enterprise Fund 224556 26 KEVELIN,BEVERYLY AR Utility Water Enterprise Fund 1002910 25 IND SCHOOL DIST 272 Operating Supplies Youth Programs Admin 1002870 24 STEWART,KELLY Operating Supplies Outdoor Center 224779 24 WOMEN IN LEISURE SERVICES Conference Expense Senior Center Admin 224505 22 BRYNGELSON,SHAUNA AR Utility Water Enterprise Fund 1002868 21 QUICKSILVER EXPRESS COURIER Other Contracted Services Communications 224631 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 224632 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 224502 20 BOUTIN,JEFFREY Deposits Community Center Admin 224510 20 CODY,ROBERT Deposits Community Center Admin 224528 20 GAO,JIAN Deposits Community Center Admin 224532 20 GODIWALLA,YAZAD Deposits Community Center Admin Check# Amount Vendor/Explanation Account Description Business Unit Explanation 224539 20 HAYDEN,TENA Deposits Community Center Admin 224553 20 KANER,MARY Deposits Community Center Admin 224560 20 KUHN,MARY J Deposits Community Center Admin 224584 20 NEWHALL,PETER Deposits Community Center Admin 224585 20 NICHOLLS,JANE Deposits Community Center Admin 224588 20 PAGE,AARON Deposits Community Center Admin 224609 20 ROISMAN,GLENN Deposits Community Center Admin 224619 20 SEXTON,JESSE Deposits Community Center Admin 224626 20 SNEER,JAMES Deposits Community Center Admin 224650 20 WEBER,JAMES Deposits Community Center Admin 224651 20 WEBER,TERRI Deposits Community Center Admin 224653 20 WILKINSON,SUSAN Deposits Community Center Admin 224751 20 PREMIUM WATERS INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 224637 18 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 224501 17 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Prairie Village Liquor Store 224582 17 MOUND,CITY OF Operating Supplies WAFTA 224537 16 GURJAR,YATIN Deposits-P&R Refunds Community Center Admin 224496 15 BEAUVAIS,GERALD Deposits Community Center Admin 224504 15 BRASKET,LORRAINE Deposits Community Center Admin 224506 15 BURQUEST,DONNA M Deposits Community Center Admin 224509 15 CHANG,KUO Deposits Community Center Admin 224521 15 FERSTER,GEOFFREY Deposits Community Center Admin 224522 15 FITZGERALD,CATHERINE Deposits Community Center Admin 224525 15 FRAGALE,SHIRLEY Deposits Community Center Admin 224526 15 FRAZIER,GARRY Deposits Community Center Admin 224531 15 GLIME,JANE Deposits Community Center Admin 224538 15 HALBARDIER,ARTHUR Deposits Community Center Admin 224544 15 HOPPE,CAROL Deposits Community Center Admin 224545 15 HUSABY,BRIGITTE Deposits Community Center Admin 224546 15 HUSABY,WILLIS Deposits Community Center Admin 224552 15 JOHNSON,WAYNE Deposits Community Center Admin 224554 15 KEEGAN,IRENE Deposits Community Center Admin 224557 15 KOCH,KAREN Deposits Community Center Admin 224568 15 Mariotti,Donald Deposits Community Center Admin 224569 15 MASS Dues&Subscriptions Senior Center Admin 224576 15 MILLER,NANCY Deposits Community Center Admin 224587 15 OTTERSON,PEDER Deposits Community Center Admin 224599 15 POLLMAN,BARBARA Deposits Community Center Admin 224604 15 REFSHAW,MARY Deposits Community Center Admin 224605 15 REID,GWENDA Deposits Community Center Admin 224607 15 RODBERG,GERALD Deposits Community Center Admin 224612 15 RYAN,MARY Deposits Community Center Admin 224613 15 SALYARDS,MARY Deposits Community Center Admin 224633 15 STELLBURG,DENNIS Deposits Community Center Admin 224634 15 STENSGAARD,STEVE Deposits Community Center Admin 224636 15 STRANDBERG,JANET Deposits Community Center Admin 224641 15 TESCH,DONALD Deposits Community Center Admin 224642 15 THAI,DINH Deposits Community Center Admin 224644 15 VANDEHEI,MARY Deposits Community Center Admin 224652 15 WILDE,SUSAN Deposits Community Center Admin 224656 15 WINKLER,LARRAINE Deposits Community Center Admin 224660 15 WYNKOOP,ANNE Deposits Community Center Admin 224662 15 ZAHLLER,RUTH Deposits Community Center Admin Check# Amount Vendor/Explanation Account Description Business Unit Explanation 224681 12 BOYINGTON,SHIRLEY Deposits-P&R Refunds Community Center Admin 224691 12 ELFTMANN,SYLVIA Deposits-P&R Refunds Community Center Admin 224715 12 KESTERTON,JACKIE Deposits-P&R Refunds Community Center Admin 224720 12 MACMILLAN,GENEVA Deposits-P&R Refunds Community Center Admin 224756 12 SAUNDERS,MAUREEN Deposits-P&R Refunds Community Center Admin 224486 11 AGRE,TRISTAN AR Utility Water Enterprise Fund 224580 11 MOE,THERESA Deposits-P&R Refunds Community Center Admin 224733 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 224523 9 FONDER,ELIZABETH AR Utility Water Enterprise Fund 224590 9 PATEL,HITESH AR Utility Water Enterprise Fund 224596 4 PHAN,TUMMY Deposits-P&R Refunds Community Center Admin 224684 2 COMCAST Other Contracted Services Police 224559 2 KRAEMERS HARDWARE INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 2,400,339 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Appointments March 5, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: City Council 2013 City Commission Appointments Requested Action Move to: Appoint to the Conservation Commission Laura Jester, Greg Olson and Prashant Shrikhande to terms ending March 31, 2016 Move to: Appoint to the Heritage Preservation Commission Deb Paulson with a term ending March 31, 2014 AND Pamela Spera and Mark Frieberg with terms ending March 31, 2016 Move to: Appoint to the Human Rights and Diversity Commission Sandra Filardo with a term ending March 31, 2015 AND Jennifer Buckland, Sana Elassar and Connie Iacovelli with terms ending March 31, 2016 Move to: Appoint to the Parks, Recreation and Natural Resources Commission Mary Helena Moreno with a term to end March 31, 2014 AND Debra McBride, Michael Balaen and Larry Link with terms ending March 31, 2016 Move to: Appoint to the Planning Commission Ann Higgins and Mary Egan with terms ending March 31, 2016 Synopsis The City Council hosted Commission interviews on Tuesday, February 26, 2013. There were a total of 16 openings due to expiration of terms and resignations. The City received 23 applications - 17 from new applicants and 6 from commissioners reapplying for positions. All terms will begin on April 1, 2013. A required orientation session for new commissioners will be held on Thursday, March 21, 2013. CITY COUNCIL AGENDA DATE: March 5, 2013 SECTION: Appointments DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.B. City Council Appointments to 2013 Board of Appeal and Equalization(BAE) Requested Action Move to: Appoint to the Board of Appeal and Equalization Jim Johnson,Lyndon Moquist, Annette O'Connor,Patricia Pidcock and Todd L.Walker for the period of March15, 2013 through May 31,2013, or until the Board of Appeal and Equalization completes its work. Synopsis The proposed members for Council approval are experienced real estate professionals with extensive knowledge of the Southwest metro area. Jim Johnson of The Realty House is involved in the sale of single family properties in the southwest metro. Lyndon Moquist of Edina Realty is involved in the sale of single family properties in the southwest metro. Annette O'Connor of Coldwell Banker Burnet Realty is involved in the sale of single family properties in the southwest metro area. Patricia Pidcock of Edina Realty is involved in the sale of single family properties in the southwest metro area and a former member of the City of Eden Prairie City Council. Todd Walker of Coldwell Banker-Burnett is involved in the sale of single family properties in the southwest metro area. Background From 1992 through 2013,the City has appointed a special Board of Appeal and Equalization(also formerly named the Board of Review). The members are citizen volunteers that are active and knowledgeable,with extensive experience in the real estate market. The members are recruited by the City Manager and City Assessor and appointed annually with confirmation by the City Council. The City pays the members a per diem payment of$50 for all required training sessions and Board meetings. In 2003,the Minnesota legislature passed a law requiring members of Boards of Appeal and Equalization to attend a training session,developed by the Minnesota Department of Revenue, at least once every four years. The statute also requires that a member of the Board of Appeal and Equalization that attended training must be in attendance at the meeting. As a practical matter we try to have all of the members trained by the Department of Revenue. Mr. Walker attended training in 2012 and Mr. Johnson,Mr. Moquist and Ms. O'Connor will be attending Department of Revenue sponsored training on March 21 at Plymouth City Hall. CITY COUNCIL AGENDA DATE: SECTION: Appointments March 5, 2013 DEPARTMENT/ ITEM DESCRIPTION: ITEM NO.: DIVISION: 2013 Appointments of Chairs and Vice Chairs to City Council City Commissions Requested Action Move to: Appoint Greg Olson - Chair and Kurt Lawton -Vice Chair of the Conservation Commission. Move to: Appoint Ed Muehlberg - Chair and Cindy Evert -Vice Chair of the Heritage Preservation Commission. Move to: Appoint Laura Kaczmarek- Chair and PG Narayanan -Vice Chair of the Human Rights and Diversity Commission Move to: Appoint Hutch Coburn - Chair and Larry Link- Vice Chair of the Parks, Recreation and Natural Resources Commission. Move to: Appoint Jon Stoltz - Chair and Jacob Lee - Vice Chair of the Planning Commission. Synopsis Chairs and Vice Chairs are appointed annually by the City Council following the appointment of members to City Commissions. The City Council hosted Commission interviews on Tuesday, February 26, 2013, and determined Chair and Vice Chair assignments for the period of April 1, 2013, through March 31, 2014. CITY COUNCIL AGENDA DATE: March 5, 2013 SECTION: Appointments DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.D. City Council Appointments of Chair and Vice-Chair to the Board of Appeal and Equalization Requested Action Move to: Appoint Patricia Pidcock—Chair and Lyndon Moquist—Vice-Chair of the Board of Appeal and Equalization. Synopsis Chairs and Vice-Chairs are appointed annually by the City Council following the appointment of members to City Boards and Commissions. City Code Section 2.22, Subd. 5 Officers states, "the Council shall in March each year choose a chairperson and vice-chairperson for a Board or Commission to serve for a period of one year." To be eligible for consideration, City Code states, "a chairperson must have served one year on the Board or Commission before becoming eligible for appointment as a chairperson."