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HomeMy WebLinkAboutCity Council - 01/20/2015 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JANUARY 20, 2015 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 (NOTE: THE WORKSHOP WILL START AT 5:00 P.M. PROMPTLY. DINNER WILL BE SERVED DURING THE WORKSHOP.) Workshop-Heritage Room II I. COMMISSION WORK PLANS A. CONSERVATION COMMISSION B. FLYING CLOUD AIRPORT ADVISORY COMMISSION C. HERITAGE PRESERVATION COMMISSION D. HUMAN RIGHTS & DIVERSITY COMMISSION E. PARKS,RECREATION & NATURAL RESOURCES COMMISSION F. PLANNING COMMISSION Open Podium - Council Chamber II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 20, 2015 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 Julie Klima, 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. DR. MARTIN LUTHER KING,JR., PROCLAMATION & ANNOUNCEMENT OF HUMAN RIGHTS AWARD PROCESS B. DONATIONS 1. Donation of Artist's Drafting Table to Art Center(Resolution) 2. Lioness Club Donation to Theater and Band (Resolution) 3. Lioness Club Donation to the Outdoor Center(Resolution) 4. Lioness Club Donation to the Senior Center (Resolution) 5. Lions Club Donation to the Outdoor Center (Resolution) 6. State Farm Donation to Senior Center(Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 6, 2015 B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 6, 2015 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR CITY COUNCIL AGENDA January 20, 2015 Page 2 A. CLERK'S LICENSE LIST B. APPROVE MASTER FUNDING AGREEMENT WITH METROPOLITAN COUNCIL FOR SOUTHWEST LIGHT RAIL TRANSIT PROJECT C. RECEIVE 2014 PAY EQUITY REPORT AND APPROVE SUBMITTAL OF THE REPORT TO THE STATE D. APPROVE RENEWAL OF TOWING SERVICES AGREEMENT WITH MATT'S AUTO SERVICE E. APPROVE CONSTRUCTION AGREEMENT WITH ARVIG ENTERPRISES FOR AN ALTERNATE FIBER OPTIC ROUTE TO GOLDEN VALLEY/ LOGIS IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTION APPROVING MODIFIED TAX INCREMENT FINANCING PLAN FOR DISTRICT NO. 16 AND FOURTH AMENDMENT TO PROJECT MANAGEMENT AGREEMENT (LINCOLN PARC APARTMENTS) B. RESOLUTION APPROVING MODIFIED TAX INCREMENT FINANCING PLAN FOR DISTRICT NO. 17 AND SECOND AMENDMENT TO PROJECT MANAGEMENT AGREEMENT (ROLLING HILLS SENIOR HOUSING/THE COLONY) C. O'REILLY AUTO PARTS STORE by C.M Architectures, P.A. Request for Planned Unit Development Concept Review on .83 acres; Planned Unit Development District Review with waivers on .83 acres; Zoning District Review in the C-Corn Zoning District on .83 acres and Site Plan Review on .83 acres. Location: 8868 Aztec Dr. (Resolution for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Review in the C- Com Zoning District) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Resolution Supporting Legislation to Increase or Remove Lump Sum Payout Cap for Fire Relief Association Retirees CITY COUNCIL AGENDA January 20, 2015 Page 3 B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. City-wide Special Events Overview E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: January 20, 2015 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, January 20, 2015 TUESDAY,JANUARY 20, 2015 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. DR. MARTIN LUTHER KING,JR., PROCLAMATION & ANNOUNCEMENT OF HUMAN RIGHTS AWARD PROCESS • The Mayor will read the proclamation. • Sandra Filardo, Chair of the Human Rights & Diversity Commission, will announce the opening of the application process for the Human Rights Awards. B. DONATIONS 1. Donation of Artist's Drafting Table to Art Center (Resolution) Synopsis: The Eden Prairie Art Center will use the drafting table in adult drawing and painting classes. MOTION: Move to adopt the Resolution accepting the donation of an Artist Drafting Table valued at $115 to be use by the Eden Prairie Art Center. 2. Lioness Club Donation to Theater and Band (Resolution) Synopsis: The Eden Prairie Community Band is an adult concert band consisting of over 60 volunteer musicians. They play about 10-12 concerts ANNOTATED AGENDA January 20, 2015 Page 2 each year all around the metro area. This trailer will be used to stored and transport their equipment during the busy summer concert season. The Eden Prairie Players produced four shows a year. A summer musical, a winter play, a children's theater workshop and a collection of one act plays. The season is publicized with an annual season brochure. The trailer will be use during set build for the summer musical and the winter play. MOTION: Move to adopt the Resolution accepting the donation in the amount of $1,000 from the Eden Prairie Lioness Club for the purchase of a 6'x12' trailer to support the Eden Prairie Community Band and the Eden Prairie Players theater programs. 3. Lioness Club Donation to the Outdoor Center (Resolution) Synopsis: The Staring Lake Outdoor Center provides classes and programs for all ages. Recently, the Eden Prairie School students have been taking advantage of the amenities at the Outdoor Center by holding Lake Study programs with the staff at the nature center. The equipment purchased allows the naturalist at the nature center to teach about water quality in Staring Lake. All students in the Eden Prairie school district will greatly benefit these water quality study programs. MOTION: Move to adopt the Resolution accepting the donation in the amount of $1,027 from the Eden Prairie Lioness Club for the purchase of Lake Study Equipment for the Staring Lake Outdoor Center. 4. Lioness Club Donation to the Senior Center(Resolution) Synopsis: The Senior Center provides classes and programs for all ages. The Woodshop at the Senior Center is available for use by all residents. Classes, programs and group training events take place at the Woodshop, along with residents' personal wood creations. The new wood lathe will provide a needed piece of equipment for the Woodshop users. MOTION: Move to adopt the Resolution accepting the donation in the amount of $600 from the Eden Prairie Lioness Club for the purchase of a wood lathe for the Eden Prairie Senior Center Woodshop. 5. Lions Club Donation to the Outdoor Center (Resolution) Synopsis: Environmental education is the mission of the Outdoor Center. We currently offer several programs per year, allowing adult residents and families with children of all ages to explore nature while participating in fun activities. With this donation, we will be able to expand our current ANNOTATED AGENDA January 20, 2015 Page 3 offerings as well as include this activity for families during our Nature Rocks programs, held on the first Saturday of each month. MOTION: Move to adopt the resolution accepting the donation of $200 from the Eden Prairie Lions Club for Outdoor Center programs. 6. State Farm Donation to Senior Center (Resolution) Synopsis: The Senior Center provides a wide variety of social, recreational and educational opportunities for adults and seniors, including special events, educational classes, trips and social activities. Gordon Williams serves on the Senior Center Advisory Council. He is also an active Senior Center volunteer and participates in various programs and activities, including trips and special events. The State Farm Companies Foundation Good Neighbor Grant Program; Matching Gift Program gives out matching monies, matching the amount of volunteer hours an individual submits to their volunteer location. Gordon Williams submitted volunteer hours to State Farm Companies in the amount that qualified his volunteer service hours for the donation of$500 to be used towards the annual Senior Center volunteer recognition event in April, 2015 as requested by Gordon Williams. MOTION: Move to adopt the resolution accepting the donation in the amount of $500 from State Farm Companies Foundation on behalf of Gordon Williams for his volunteer service at the Eden Prairie Senior Center to be used toward the 2015 Senior Center volunteer recognition event. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. M VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 6, 2015 B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 6, 2015 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-E on the Consent Calendar. ANNOTATED AGENDA January 20, 2015 Page 4 A. CLERK'S LICENSE LIST B. APPROVE MASTER FUNDING AGREEMENT WITH METROPOLITAN COUNCIL FOR SOUTHWEST LIGHT RAIL TRANSIT PROJECT C. RECEIVE 2014 PAY EQUITY REPORT AND APPROVE SUBMITTAL OF THE REPORT TO THE STATE D. APPROVE RENEWAL OF TOWING SERVICES AGREEMENT WITH MATT'S AUTO SERVICE E. APPROVE CONSTRUCTION AGREEMENT WITH ARVIG ENTERPRISES FOR AN ALTERNATE FIBER OPTIC ROUTE TO GOLDEN VALLEY/LOGIS IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTION APPROVING MODIFIED TAX INCREMENT FINANCING PLAN FOR DISTRICT NO. 16 AND FOURTH AMENDMENT TO PROJECT MANAGEMENT AGREEMENT (LINCOLN PARC APARTMENTS) Official notice of this public hearing was published in the January 8, 2015,Eden Prairie News. Synopsis: Tax Increment Financing District No. 16 was established in 1999 to provide 140 affordable housing units to tenants living at Lincoln Parc for a term of 15 years. The City, the HRA, and the developer, Lincoln Parc Apartments, LLC, have agreed to extend the term of the affordable units through the year 2027, or 25 years from when the first tax increment was collected from the district, which is the maximum allowed by statute. The Modified TIF Plan for District No. 16 increases the budget for the District to facilitate reimbursement of additional developer- incurred project costs associated with continuing to provide the affordable units for the full 25-year term. Lincoln Parc is a 186-unit apartment building located on Singletree Lane near the intersection of Flying Cloud Drive. The project is part of Tax Increment Financing District No. 16 created in 1999 to help subsidize 20% of the total units for tenants with incomes below 50% of the median income for the metro area, and 55% of the total units for tenants with incomes below 80% of the median income for the metro area. MOTION: Move to: • Close the public hearing; and • Adopt the Resolution approving Modified Tax Increment Financing Plan, District No. 16 and Amendment No. 4 to the Project Management Agreement. B. RESOLUTION APPROVING MODIFIED TAX INCREMENT FINANCING PLAN FOR DISTRICT NO. 17 AND SECOND AMENDMENT TO PROJECT ANNOTATED AGENDA January 20, 2015 Page 5 MANAGEMENT AGREEMENT (ROLLING HILLS SENIOR HOUSING/THE COLONY) Official notice of this public hearing was published in the January 8, 2015, Eden Prairie News. Synopsis: Tax Increment Financing District No. 17 was established in 2001 in order to provide 115 affordable housing units to seniors living at The Colony at Eden Prairie (formerly known as Rolling Hills Senior Housing) for a term of 10 years from the date of the first year of full tax increment. The City, the HRA, and the developer, SE Rolling Hills, LLC, have agreed to extend the term of the affordable units through the year 2028, or 25 years from when the first tax increment was collected from the district, which is the maximum allowed by statute. The Modified TIF Plan for District No. 17 increases the budget for the District to facilitate reimbursement of additional developer-incurred project costs associated with continuing to provide the affordable units for the full 25-year term. The Colony is a 142 unit/bed facility for the care of the elderly consisting of independent living units, assisted care units, and Alzheimer's/dementia care beds located on Prairie Center Drive just south of Eden Prairie Center. The project is part of Tax Increment Financing District No. 17 created in 2001 to help subsidize 20% of the total units for tenants with incomes below 50% of the median income for the metro area, and 60% of the total units for tenants with incomes below 110% of the median income for the metro area. MOTION: Move to: • Close the public hearing; and • Adopt the Resolution approving Modified Tax Increment Financing Plan, District No. 17 and Second Amendment to the Project Management Agreement C. O'REILLY AUTO PARTS STORE by C.M Architectures, P.A. Request for Planned Unit Development Concept Review on .83 acres; Planned Unit Development District Review with waivers on .83 acres; Zoning District Review in the C-Com Zoning District on .83 acres and Site Plan Review on .83 acres. Location: 8868 Aztec Dr. (Resolution for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Review in the C-Corn Zoning District) Official notice of this public hearing was published in the January 8, 2015,Eden Prairie News and sent to 32 property owners. Synopsis: The project is for a new 7,343 square foot retail auto parts store building. The design is compatible with the mix of single family residential, commercial and office uses within the immediate area and meets the intent of the Community Commercial zoning district character. The images on page 2 of the Planning Commission staff report show the architectural revisions made throughout the review process. ANNOTATED AGENDA January 20, 2015 Page 6 The following PUD waivers are proposed: l. Parking from 37 spaces to 33 parking spaces. 2. Front yard setback for the recycling and trash enclosure to 10 feet along Aztec Drive. City Code requires 35 feet. 3. Landscape planting islands to 4.4 percent in the parking area. City Code requires 5 percent landscaping in the parking areas. Previously approved waivers for lot size and lot dimensions limit the opportunity on the site without granting additional Planned Unit Development Waivers. A benefit of granting the waivers includes enhanced architectural details into the building design and extensive use of native prairie grasses and perennials along the site perimeter and building base which are not required by code, but enhance and improve the site overall. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 0.83 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Review within the Community Commercial Zoning District on 0.83 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Resolution Supporting Legislation to Increase or Remove Lump Sum Payout Cap for Fire Relief Association Retirees Synopsis: The EPFRA is requesting the support of the City Council to seek legislation that would remove or increase the current lump sum pension payout cap of$10,000 per year of service. By supporting the elimination of the cap or a significant increase above the current $10,000 limit, the City Council would not be increasing their ANNOTATED AGENDA January 20, 2015 Page 7 existing liability exposure nor would the Council be automatically supporting a change to the existing By-Laws of the EPFRA. The EPFRA board of trustees believes increasing the current cap of$10,000 would encourage future eligible retirees to more seriously consider taking the defined benefit lump sum payout vs. the monthly defined benefit payout. The EPFRA board of trustees feels that if the lump sum were closer to the monthly defined benefit value more eligible retirees would consider electing the lump sum payout. This would help reduce the total plan liability over the long term. MOTION: Move to adopt the Resolution supporting the Eden Prairie Fire Relief Association's efforts to seek legislation that removes or increases the lump sum pension payout cap of $10,000 per year of service. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. City-wide Special Events Overview Synopsis: Jay Lotthammer will provide a PowerPoint update on City-wide special events. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. HRA MEETING HRA I. ROLL CALL/CALL THE HRA MEETING TO ORDER HRA II. APPROVE MINUTES OF HRA MEETING HELD ON DECEMBER 2, 2014 ANNOTATED AGENDA January 20, 2015 Page 8 MOTION: Move to approve minutes of the HRA meeting held December 2, 2014. HRA III. ADOPT RESOLUTION ADOPTING MODIFIED TAX INCREMENT FINANCING PLAN FOR DISTRICT NO. 16 (LINCOLN PARC APARTMENTS) Synopsis: Tax Increment Financing District No. 16 was established in 1999 in order to provide 140 affordable housing units to tenants living at Lincoln Parc for a term of 15 years. The City, the HRA, and the developer, Lincoln Parc Apartments, LLC, have agreed to extend the term of the affordable units through the year 2027, or 25 years from when the first tax increment was collected from the district, which is the maximum allowed by statute. The Modified TIF Plan for District No. 16 increases the budget for the District to facilitate reimbursement of additional developer-incurred project costs associated with continuing to provide the affordable units for the full 25-year term. Lincoln Parc is a 186-unit apartment building located on Singletree Lane near the intersection of Flying Cloud Drive. The project is part of Tax Increment Financing District No. 16 created in 1999 to help subsidize 20% of the total units for tenants with incomes below 50% of the median income for the metro area, and 55% of the total units for tenants with incomes below 80% of the median income for the metro area. MOTION: Move to adopt the Resolution Adopting Modified Tax Increment Financing Plan, District No. 16. HRA IV. ADOPT RESOLUTION ADOPTING MODIFIED TAX INCREMENT FINANCING PLAN FOR DISTRICT NO. 17 (ROLLING HILLS SENIOR HOUSING/THE COLONY) Synopsis: Tax Increment Financing District No. 17 was established in 2001 in order to provide 115 affordable housing units to seniors living at The Colony at Eden Prairie (formerly known as Rolling Hills Senior Housing) for a term of 10 years from the date of the first year of full tax increment. The City, the HRA, and the developer, SE Rolling Hills, LLC, have agreed to extend the term of the affordable units through the year 2028, or 25 years from when the first tax increment was collected from the district, which is the maximum allowed by statute. The Modified TIF Plan for District No. 17 increases the budget for the District to facilitate reimbursement of additional developer-incurred project costs associated with continuing to provide the affordable units for the full 25-year term. The Colony is a 142 unit/bed facility for the care of the elderly consisting of independent living units, assisted care units, and Alzheimer's/dementia care beds located on Prairie Center Drive just south of Eden Prairie Center. The project is part of Tax Increment Financing District No. 17 created in 2001 to help subsidize 20% of the total units for tenants with incomes below 50% of the median income for the ANNOTATED AGENDA January 20, 2015 Page 9 metro area, and 60% of the total units for tenants with incomes below 110% of the median income for the metro area. MOTION: Move to adopt the Resolution Adopting Modified Tax Increment Financing Plan, District No. 17. HRA VI. ADJOURNMENT MOTION: Move to adjourn the HRA. ITEM NO.: IV.A. PROCLAMATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, the City of Eden Prairie's City Council and Human Rights & Diversity Commission sponsors the Human Rights Award program, recognizing those who work to create an inclusive community spirit through their actions, activities, and programs; and WHEREAS, the City of Eden Prairie recognizes that Dr. Martin Luther King, Jr., had a dream and dedicated his life to helping freedom exist for all people through his commitment to human rights and his non- violent philosophy; and WHEREAS, the City of Eden Prairie reaffirms its commitment to fostering diversity in our community through the Eden Prairie Manifesto. NOW, THEREFORE, be it resolved, that the City of Eden Prairie hereby proclaims 2015 as a year to celebrate human rights and diversity, and asks all residents to continue their commitment and concern for equal rights for all persons, to dedicate themselves to helping those who do not yet share in that freedom, and to join the City of Eden Prairie in recognizing and celebrating Dr. Martin Luther King, Jr.'s dream. */e4,.___ Nanc yra-Lukens, Mayor City of Eden Prairie CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations January 20, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B.1. Jay Lotthammer, Director, Donation of an Artist Drafting Table for the Parks and Recreation Eden Prairie Art Center Requested Action Move to: Adopt the Resolution accepting the donation of an Artist Drafting Table valued at $115 to be use by the Eden Prairie Art Center Synopsis The Eden Prairie Art Center will use the drafting table in adult drawing and painting classes. Background The building that houses the Art Center was donated to the City of Eden Prairie in 2008 by the family of Roger Sampson, a former resident who built the building as a place to create art before he passed away. It is the largest single gift ever given to the City. The mission of the Eden Prairie Art Center is to enhance the quality of life and foster creativity in our community by providing access to the arts for people of all ages and abilities. The Art Center works to achieve its mission by offering topnotch programs ranging from drawing, painting and ceramics, to glass fusing. There are classes for all ages—from toddler to senior. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of an Artist Drafting Table valued at $115 from an anonymous donor is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 20th day of January, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations January 20, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B.2. Jay Lotthammer, Director, Donation from Eden Prairie Lioness Club for Parks and Recreation Trailer for Eden Prairie Community Band and Eden Prairie Players Requested Action Move to: Adopt the Resolution accepting the donation in the amount of$1,000 from the Eden Prairie Lioness Club for the purchase of a 6'x12'trailer to support the Eden Prairie Community Band and the Eden Prairie Players theater programs. Synopsis The Eden Prairie Community Band is an adult concert band consisting of over 60 volunteer musicians. They play about 10-12 concerts each year all around the metro area. This trailer will be used to stored and transport their equipment during the busy summer concert season. The Eden Prairie Players produced four shows a year. A summer musical, a winter play, a children's theater workshop and a collection of one act plays. The season is publicized with an annual season brochure. The trailer will be use during set build for the summer musical and the winter play. Background The Eden Prairie Community Band was founded with 23 players in 1973 by Mr. Emmet(Em) Stark. The purpose of the Eden Prairie Community Band is to entertain the people of Eden Prairie and surrounding communities, while fostering and promoting the community band experience by providing a means for adult musicians to play for their mutual enjoyment and musical growth. The Eden Prairie Players, a program of the Parks and Recreation Department, have been producing theater in Eden Prairie since 1992. The mission is to enhance the quality of life for the community of Eden Prairie through: • Inspiring and nurturing theater opportunities for artists and volunteers, and; • Entertaining and challenging theater experiences for audiences. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of$1,000 from the Eden Prairie Lioness to be used for the purchase of a trailer for use with the Eden Prairie Community Band and the Eden Prairie Players Community Theater Program at the city of Eden Prairie is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 20th day of January, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations January 20, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B.3. Jay Lotthammer, Director, Donation from Eden Prairie Lioness Club for Parks and Recreation Lake Study Equipment for the Staring Lake Outdoor Center Requested Action Move to: Adopt the Resolution accepting the donation in the amount of$1,027 from the Eden Prairie Lioness Club for the purchase of Lake Study Equipment for the Staring Lake Outdoor Center. Synopsis The Staring Lake Outdoor Center provides classes and programs for all ages. Recently, the Eden Prairie School students have been taking advantage of the amenities at the Outdoor Center by holding Lake Study programs with the staff at the nature center. The equipment purchased allows the naturalist at the nature center to teach about water quality in Staring Lake. All students in the Eden Prairie school district will greatly benefit these water quality study programs. Background The City of Eden Prairie's Outdoor Center offers a wide range of activities in the areas of environmental education and outdoor recreation for residents of all ages. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $1,027 to be used for Lake Study Equipment at the Outdoor Center from Eden Prairie Lioness Club is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 20th day of January, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations January 20, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B.4. Jay Lotthammer, Director, Donation from Eden Prairie Lioness Club for Parks and Recreation Wood Lathe woodshop equipment at the Eden Prairie Senior Center Requested Action Move to: Adopt the Resolution accepting the donation in the amount of$600 from the Eden Prairie Lioness Club for the purchase of a wood lathe for the Eden Prairie Senior Center Woodshop. Synopsis The Senior Center provides classes and programs for all ages. The Woodshop at the Senior Center is available for use by all residents. Classes, programs and group training events take place at the Woodshop, along with residents' personal wood creations. The new wood lathe will provide a needed piece of equipment for the Woodshop users. Background The City of Eden Prairie's Senior Center offers a wide range of activities for senior citizens and for residents of all ages. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of$600 to be used for the purchase of a wood lathe for the Eden Prairie Senior Center Woodshop from Eden Prairie Lioness Club is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 20th day of January, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Presentations &Proclamations January 20, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B.5. Jay Lotthammer, Parks and Donation from the Eden Prairie Lions Club Recreation Director for the Outdoor Center programs Requested Action Move to: Adopt the resolution accepting the donation of$200 from the Eden Prairie Lions Club for Outdoor Center programs. Synopsis Environmental education is the mission of the Outdoor Center. We currently offer several programs per year, allowing adult residents and families with children of all ages to explore nature while participating in fun activities. With this donation, we will be able to expand our current offerings as well as include this activity for families during our Nature Rocks programs, held on the first Saturday of each month. Background Information The City of Eden Prairie's Outdoor Center offers a wide range of activities in the areas of environmental education and outdoor recreation for residents of all ages. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of$200 to be used for the Programs at the Outdoor Center from Eden Prairie Lions Club is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 20th day of January, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations January 20, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B.6. Jay Lotthammer, Director, State Farm Companies Foundation Donation Parks and Recreation on Behalf of Gordon Williams; Eden Prairie Senior Center Volunteer Requested Action Move to: Adopt the resolution accepting the donation in the amount of$500 from State Farm Companies Foundation on behalf of Gordon Williams for his volunteer service at the Eden Prairie Senior Center to be used toward the 2015 Senior Center volunteer recognition event. Synopsis The Senior Center provides a wide variety of social, recreational and educational opportunities for adults and seniors, including special events, educational classes, trips and social activities. Gordon Williams serves on the Senior Center Advisory Council. He is also an active Senior Center volunteer and participates in various programs and activities, including trips and special events. The State Farm Companies Foundation Good Neighbor Grant Program; Matching Gift Program gives out matching monies, matching the amount of volunteer hours an individual submits to their volunteer location. Gordon Williams submitted volunteer hours to State Farm Companies in the amount that qualified his volunteer service hours for the donation of$500 to be used towards the annual Senior Center volunteer recognition event in April, 2015 as requested by Gordon Williams. Background Over 50 senior volunteers are recognized each spring at the annual volunteer recognition event for their dedicated time and commitment to the Senior Center programs, facilities and services. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $500.00 to be used for the Senior Center Volunteer Recognition event at the Eden Prairie Senior Center from State Farm Companies Foundation on behalf of Gordon Williams for his volunteer service at the Eden Prairie Senior Center to is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 20th day of January 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk UNAPPROVED MINUTES ITEM NO.: VI.A. CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, JANUARY 6, 2015 CITY CENTER 5:00—6:25 PM,HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop-Heritage Room II Council Member Nelson was absent. I. SOUTHWEST LRT LOCALLY REQUESTED CAPITAL IMPROVMENTS (5:30-6:00) Public Works Director Robert Ellis reviewed items staff is recommending for inclusion on the City's list of locally requested capital investments (LRCI's) as part of the Southwest LRT project. LRCI's are betterments that fall outside the current project scope and budget. The current list of LRCI's includes: • North-south road in town center • Golden Triangle Station Trail • Southwest Station Trail • Embedded track in Town Center • Technology Drive Reconstruction Extension • General enhancements Ellis said including these items with the design phase of the project will allow the City to take advantage of economies of scale and provide a reduced design cost. The City pays for design of the items, and they are included as alternates when the project is bid. Funding for construction will be determined later, and could include grant awards, county or city funds, or project contingencies. Ellis said there are indications that the project office is trying to reduce the cost of the project and that contingencies may be eliminated; however, if Eden Prairie wants to be in consideration when it comes time for construction of LRCI's the City will have to provide the designs now so they can be cleared through the project's environmental review. Town Center North-South Road Ellis said Eden Road will be extended as part of the project, but under current design it ends in a cul-de-sac behind Brunswick Bowl. Staff feels that the addition of a north-south roadway that connects to Singletree Lane will enhance access and traffic flow in the Town Center area. The estimated cost of design of the north-south road is $145,000. City Council Workshop Minutes January 6, 2015 Page 2 Trails at Golden Triangle Station and Southwest Station Staff recommends extending the existing trail at Golden Triangle Station to connect to more employers. The cost for design, which will require retaining walls, is approximately$42,000. Design of the extension of the Southwest Station trail would be about $32,000. Council Member Case questioned how many people would actually use this trail. Community Development Director Jeremiah said the trail would likely serve retail employees and residents. Ellis noted that the costs of some of these designs are already in the City's Capital Improvement Plan. Embedded Track in Town Center Ellis said the current project design calls for most of the track to be ballasted, meaning that crushed rock is used to hold the ties in place. In some urban or high density areas, tracks are embedded. Staff strongly feels that the tracks in the Town Center area should be embedded to allow it to better blend into the built environment. Ellis noted that much of the SW LRT alignment follows the trail corridor; however, this is not the case in Eden Prairie Town Center. Mayor Tyra-Lukens said the stretch of track along Technology Drive seems more visible than the portion in the Town Center. She asked why that portion would not be embedded. Ellis said the cost for embedding the stretch along Technology Drive would be $3.2 million, as opposed to $450,000 for Town Center. Technology Drive Reconstruction Extension Ellis said there is a 200-ft. portion of Technology Drive that is not included in the project design. Staff feels that it should be upgraded along with the rest of the project, even if it is at City expense. General Enhancements General enhancements recommended by staff include upgrading portions of fencing from chain link to a more decorative, durable product, especially in high visibility areas. Chain link fencing costs about $40 per foot, whereas the two upgraded examples Ellis displayed are $100 per foot and$150 per foot. Council Member Butcher Wickstrom said chain link fencing would need to be replaced more often than the upgraded fencing, so that would offset costs. Ellis said bridge aesthetics is another general enhancement staff recommends. He noted that there will be five bridges in Eden Prairie, some of them very large. He said use of color and ingenuity can go a long way toward improving the look of bridges. Enhancing bridge aesthetics can add up to five percent of the bridge's total cost. This would include such things as decorative railings, color enhancements, and special architecture. The final enhancement Ellis recommended was upgrade of the OCS poles. He said the poles are basically H beams bolted into concrete footings. The poles can be painted or replaced with tubular poles that match street lighting and traffic signals. There will be approximately 290 City Council Workshop Minutes January 6, 2015 Page 3 OCS poles in Eden Prairie. Painting the poles increases the price by $500 per pole. Upgrading to tubular adds $1,000 per pole. Next Steps Jeremiah said Eden Prairie appears to be further along than other cities in identifying LRCI's. She said that is partly the result of Eden Prairie staff responding to the numerous comments relating to aesthetics received during public hearing process. Getschow suggested scheduling follow-up meetings with the other SW LRT cities to begin the process of coordinating LRCI's. Ellis said staff will request approval of design costs some of the LRCI's at the January 20 City Council meeting. He reiterated that this does not require the City's commitment to construction, but ensures they will be included as alternates during the bidding process. Council Member Aho asked when funding sources will be determined. Ellis said the Executive Board will determine how contingencies will be spent. It has just begun meeting and setting criteria. Jeremiah said there are two main sources of grants—HCRRA and Met Council. She said the biggest challenge currently facing the project is in securing state funding. II. 2015 APPOINTMENTS AND SCHEDULE (6:00-6:30) Getschow said he contacted individual Council Members to determine if changes to appointments are desired. The Council Members indicated they wish to maintain their current appointments, with one exception. Council Member Nelson, who was not able to attend the workshop, will reach her term limit on the Eden Prairie Community Foundation in June. Another Council Member will need to be appointed to replace her. Case indicated he is willing to fill the spot. Getschow said Nelson is willing to take Case's spot on the Southwest Cable Commission if he is appointed to the Foundation. Butcher Wickstrom said she is willing to serve as Case's alternate on the Foundation. Getschow also reviewed proposed council meeting, workshop and commission recruitment schedules. The proposed schedule calls for one Council meeting in June, July, August and November. Getschow proposed holding a goal setting and strategy meeting in early April. Since the Eden Prairie Reads event is scheduled for the first Tuesday, he suggested holding the goal setting and strategy meeting on Wednesday, April 8. Council Member Case cannot attend the meeting the meeting that would normally be held on the third Wednesday of March (March 17), so Getschow proposed moving the meeting to March 24. Mayor Tyra-Lukens will be out of town the week of March 24, but all of the Council Members present said they are available on March 31. It was agreed that the second meeting of March will be held on March 31. The second meeting of December will be cancelled if the budget is adopted at the December 1 meeting. The schedule will be formally adopted at the regular Council meeting. Getschow distributed a draft list of workshop topics for 2015. An update on the monument sign project and a joint meeting with the Heritage Preservation Commission will be added to the list of topics. City Council Workshop Minutes January 6, 2015 Page 4 Open Podium - Council Chamber III. OPEN PODIUM IV. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 6, 2015 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. SWEARING IN OF MAYOR TYRA-LUKENS AND COUNCIL MEMBERS NELSON AND BUTCHER WICKSTROM City Attorney Rosow swore in Mayor Tyra-Lukens, Council Member Nelson and Council Member Butcher Wickstrom. IV. OPEN PODIUM INVITATION V. PROCLAMATIONS/PRESENTATIONS VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XV.A.1. MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the agenda as amended. Motion carried 5-0. VII. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 2, 2014 MOTION: Nelson moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, December 2, 2014, as published. Motion carried 4-0-1,with Aho abstaining. B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 2, 2014 MOTION: Case moved, seconded by Nelson, to approve the minutes of the City Council meeting held Tuesday, December 2, 2014, as published. Motion carried 4- 0-1,with Aho abstaining. VIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS IX. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2015-01 AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS C. ADOPT RESOLUTION NO. 2015-02 DESIGNATING DEPOSITORIES D. ADOPT RESOLUTION NO. 2015-03 AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS E. ADOPT RESOLUTION NO. 2015-04 AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS F. ADOPT RESOLUTION 2 NO. 015-05 AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE G. ADOPT RESOLUTION NO. 2015-06 AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL H. ADOPT RESOLUTION NO. 2015-07 ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2015 I. APPROVE FIRST AMENDMENT TO LEASE WITH SCHOOL DISTRICT J. ADOPT RESOLUTION NO. 2015-08 SUPPORTING ELLIOTT AVIATION'S APPLICATION FOR THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT'S JOB CREATION FUND K. ADOPT RESOLUTION NO. 2015-09 APPROVING SETTLEMENT AGREEMENT REGARDING SPECIAL ASSESSMENT AGAINST 11157 BLUESTEM LANE L. ADOPT RESOLUTION NO. 2015-10 SUPPORTING THE SAFE ROUTES TO SCHOOL GRANT APPLICATION FOR INSTALLATION OF RAILROAD UNDERPASS CONNECTING DUCK LAKE ROAD TO THE EDEN PRAIRIE HIGH SCHOOL M. ADOPT RESOLUTION NO. 2015-11 REAUTHORIZING MEMBERSHIP IN THE 4M FUND MOTION: Butcher Wickstrom moved, seconded by Aho, to approve Items A-M of the Consent Calendar. Motion carried 5-0. X. PUBLIC HEARINGS/MEETINGS A. CABLE FRANCHISE TRANSFER(RESOLUTION NO. 2015-12) Getschow said the City of Eden Prairie is a member of the Southwest Suburban Cable Commission along with the cities of Edina, Hopkins, Minnetonka and Richfield. In August 2012 each member city renewed a cable television franchise with Comcast to provide cable service within its city limits. Comcast has proposed to transfer authority of the franchise and cable system to Midwest Cable, Inc. The Commission retained the services of Moss & Barnett as legal counsel for review of this proposed transfer. Brian Grogan, representing Moss &Barnett and the Southwest Suburban Cable Commission, reviewed the background of the proposed transfer. In February 2014 Comcast acquired all the assets of Time-Warner Cable resulting in Comcast controlling a 34-million subscriber system. A system that large raises serious antitrust concerns; consequently, Comcast voluntarily agreed to divest itself of 4 million subscribers. As part of the divestiture, the Twin Cities market, including Eden Prairie subscribers, will be operated by a new cable operator known as Midwest Cable. Following the completion of the overall transaction, the name of Midwest Cable will be changed to GreatLand Connections, Inc. Charter Communications currently operates most of the major markets in Minnesota outside the metropolitan area and will provide significant operational support to Midwest/Greatland. Mr. Grogan reviewed the anticipated effect of the proposed transfer on cable subscribers in Eden Prairie. He noted subscribers will be able to keep telephone numbers they now have with Comcast but will be transitioned off the comcast.net email domain. Subscribers will be able to keep their existing cable equipment for the foreseeable future, but further transition of that equipment may occur at some point. The billing will transition to Midwest/Greatland. He reviewed the details of the resolution that includes conditions regarding customer service and other points. He noted the Southwest Suburban Cable Commission voted unanimously to approve the proposed transfer, subject to the conditions contained within the resolution. Tyra-Lukens said the ultimate questions for our residents would be the kind of service they will provide and the impact on subscription costs. Mr. Grogan said by federal law we cannot impose rate restrictions so they will be governed by market forces. He noted Eden Prairie has been approached by CenturyLink regarding their interest in obtaining the cable franchise. Tyra-Lukens asked if they will offer the same high speed internet access as Comcast provides. Mr. Grogan replied there should be no change in services provided because they will be taking over all the assets. Nelson asked how we will be assured of getting the same service as Charter customers. Mr. Grogan replied Charter owns 1/3 of Midwest Cable; therefore, they will have a vested interest not to lose subscribers. Midwest Cable has a service agreement with Charter but could move on to a different third party vendor if Charter fails to perform. Charter has an interest in retaining customer loyalty. Nelson asked what happens if the new company goes out of business. Mr. Grogan replied they could be able to sell the system if they were unable to run the business. The metropolitan area will be one of the top markets for Midwest/Greatland so it would be a high priority for them. We also have certain enforcement tools within the franchise. Case said, as a commissioner serving on the Southwest Suburban Cable Commission, he was somewhat nervous hearing about this, but the proposal was vetted by the Commission. He noted we don't have a lot of options; however, it is unlikely this rich market would be allowed to go away or collapse. He asked what would happen if Eden Prairie were to say "No" to this tonight. Mr. Grogan explained that Eden Prairie has independent authority to make this decision, and the Southwest Suburban Cable Commission is purely an advisory body. He said the transaction would close almost immediately after approval, assuming the federal government ultimately gives approval. At that point Comcast will no longer have employees in the market place because they will be shifted over to Midwest/Greatland. Any city not approving the proposal probably would be carved out and would likely contract with Greatland and Charter to operate the system until the issue is resolved. It would not stop the deal but would create additional confusion. He noted they decided the best way to deal with some of the concerns was to include certain conditions in the resolution. There were no comments from the audience. MOTION: Case moved, seconded by Aho, to close the public hearing and to adopt Resolution No. 2015-12 approving the transfer of the cable franchise and change of control of the grantee. Motion carried 5-0. XI. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Case, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Butcher Wickstrom, Case,Nelson, and Tyra-Lukens voting "aye." XII. ORDINANCES AND RESOLUTIONS XIII. PETITIONS, REQUESTS AND COMMUNICATIONS XIV. APPOINTMENTS A. RESOLUTION NO. 2015-13 DESIGNATING OFFICIAL CITY NEWSPAPER MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution 2015-13 designating the Eden Prairie News as the official City newspaper for the year 2015. Motion carried 5-0. B. RESOLUTION NO. 2015-14 DESIGNATING OFFICIAL MEETING DATES, TIME AND PLACE FOR THE EDEN PRAIRIE CITY COUNCIL IN 2015 AND APPOINTING ACTING MAYOR MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution 2015-14 designating the official meeting dates, time and place for the City of Eden Prairie Council in 2015, as amended at tonight's Council Workshop, and appointing Council Member Case the Acting Mayor. Motion carried 5-0. C. RESOLUTION NO. 2015-15 APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt Resolution 2015-15 appointing City Council Members to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority; and appointing Nancy Tyra- Lukens as Chair; Rick Getschow as Executive Director and Council Member Nelson as Secretary for calendar year 2015. Motion carried 5-0. D. RESOLUTION NO. 2015-16 APPOINTING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 2015 MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution 2015-16 designating Robert Ellis as the Director and Council Member Case as the Alternate Director to the Suburban Rate Authority. Motion carried 5-0. E. APPOINTMENT OF MAYOR TYRA-LUKENS AS DELEGATE AND COUNCIL MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF CITIES MOTION: Case moved, seconded by Nelson, to approve appointment of the Mayor as Delegate and Council Members as Alternates to the National League of Cities. Motion carried 5-0. F. APPOINTMENT OF MAYOR TYRA-LUKENS TO MUNICIPAL LEGISLATIVE COMMISSION MOTION: Nelson moved, seconded by Aho, to approve appointment of the Mayor to the Municipal Legislative Commission. Motion carried 5-0. G. APPOINTMENT TO SOUTHWEST CABLE COMMISSION MOTION: Case moved, seconded by Butcher Wickstrom, to approve appointment of Council Member Nelson to the Southwest Cable Commission. Motion carried 5-0. H. APPOINTMENT TO EDEN PRAIRIE COMMUNITY FOUNDATION MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve appointment of Council Member Case to the Eden Prairie Community Foundation. Motion carried 5-0. I. APPOINTMENT TO I-494 CORRIDOR COMMISSION MOTION: Butcher Wickstrom moved, seconded by Case, to approve appointment of Council Member Aho to the I-494 Corridor Commission. Motion carried 5-0. J. APPOINTMENT TO CITY AND SCHOOL FACILITIES USE TASK FORCE MOTION: Aho moved, seconded by Nelson, to approve appointment of Council Member Butcher Wickstrom to the City and School Facilities Use Task Force. Motion carried 5-0. K. APPOINTMENT OF ASSISTANT WEED INSPECTOR MOTION: Butcher Wickstrom moved, seconded by Nelson, to appoint Jeff Cordes as Assistant Weed Inspector for the City of Eden Prairie. Motion carried 5-0. L. RESOLUTION NO. 2015-17 APPOINTING MUNICIPAL REPRESENTATIVES TO THE FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution No. 2015-17 appointing Sue Kotchevar and Council Member Case to the Eden Prairie Fire Relief Association. Motion carried 5-0. M. SOUTHWEST TRANSIT BOARD CITIZEN REPRESENTATIVE MOTION: Nelson moved, seconded by Butcher Wickstrom, to appoint Council Member Aho to the Southwest Metro Transit Board as the Eden Prairie Citizen Representative for a three-year term to end December 31, 2016. Motion carried 5-0. N. SOUTHWEST LRT COMMUNITY ADVISORY COMMITTEE AND BUSINESS ADVISORY COMMITTEE MOTION: Aho moved, seconded by Nelson, to appoint Sana Elassar, Andrew Pieper, Jeff Strate and Charles Weber as Eden Prairie representatives to the Southwest LRT Community Advisory Committee and Mark Gustafson and Rick Weiblen as Eden Prairie Representatives to the Business Advisory Committee. Motion carried 5-0. XV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Eden Prairie Fire Relief Association--Council Member Case Case said firefighters receive defined benefits based on length of service. The Association Board has been talking a lot in the last year about offering a lump sum alternative which would remove some of the risk liability to the pension fund. He said they would like to have the option to raise the cap on the lump sum alternative. The Association Board would like to have the Council come up with a resolution of support to our legislators to carry such a bill. He suggested staff have discussions about the subject and then come back at the second meeting in January with a draft resolution of support for the legislature to raise the cap. He noted Fire Chief Esbensen has been supportive of the idea. B. REPORT OF CITY MANAGER 1. Award Contract for Financial Advisory Services to Ehlers Getschow said the City recently sent out RFPs to four different advisory firms around the area to provide services as it relates to debt issuance, economic and housing development and redevelopment, and annual tax increment financing reporting. This is the first time the City has completed an RFP process for these services. Each of the four firms was interviewed by a staff committee. While all the firms are qualified to provide services to the City, the staff committee agreed that Ehlers is the best match for the City of Eden Prairie. He introduced Mark Ruff, who would become Eden Prairie's financial advisor. Mark Ruff, Senior Financial Advisor, said Ehlers can help the City as a local government to fulfill its financial goals. He noted Ehlers works only with public clients and is a very stable firm. MOTION: Aho moved, seconded by Butcher Wickstrom, to award the contract for financial advisory services to Ehlers. Motion carried 5-0. 2. Board and Commission Recruitment Process Getschow said this is a request to approve the timeline and set a date for interviews of the candidates for the boards and commissions. He noted citizen engagement on the City's boards and commissions is a huge part of Eden Prairie. The schedule for this year's process includes accepting applications, candidate interviews, appointments by the Council and orientation to the boards and commissions. MOTION: Case moved, seconded by Butcher Wickstrom, to approve the timeline for recruitment of Board and Commission candidates and set February 24 as the date for commission interviews. Motion carried 5-0. Nelson asked if we send out notices of these opportunities to all those who get emails from the City. Getschow said we have a list of 12,000 residents who want information from the City, and this will be a part of the information we send out. 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 XVI. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:58 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 20, 2015 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 2015 Renewal Licenses Private Kennel Becky Beiersdorf Shawn&Kathy Meyer Nancy Parker Binh Vuong Susan Weyrauch - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 20, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: 11-5801 ITEM NO.: VIII.B. Randy Newton Approve Master Funding Agreement with Metropolitan Council for the Public Works/Engineering Southwest Light Rail Transit Project Requested Action Move to: Approve Master Funding Agreement with Metropolitan Council for the Southwest Light Rail Transit Project. Synopsis This agreement provides a mechanism and the contractual provisions for the transfer of funds between Metropolitan Council and the City of Eden Prairie for items related to the Southwest Light Rail Transit Project. Specific items and activities and their associated funding will be approved through separate Subordinate Funding Agreements. Background Information The Master Funding Agreement(MFA) was developed to provide a mechanism for the transfer of funds between Metropolitan Council and the City of Eden Prairie for items related to the Southwest Light Rail Transit(SWLRT) Project. The agreement allows for both the transfer of funds from the City to the Metropolitan Council and from the Metropolitan Council to the City. The MFA does not obligate either party to any financial obligations. Separate Subordinate Funding Agreements (SFA)will need to be developed and executed to approve specific items and activities and their associated funding. By specifying the method for transfer of funds, contractual provisions, and required procedures the MFA will simplify and streamline the development and approval of the individuals SFA's. SFA's are anticipated for the following scenarios: • Enable the City to advance or include components in the SWLRT project, including Locally Requested Capital Investments that are currently not part of the project. • Enable the Metropolitan Council to pass through federal, state, CTIB or other local funds to the City for costs associated with certain project activities the City is involved in and/or materials the City provides. Financial Implications There are no financial obligations associated with this agreement. Separate Subordinate Funding Agreements will be developed which specify the funding obligations of each item or activity. Attachments • Master Funding Agreement Reference Numbers: SWLRT Project: 61001 Metropolitan Council: 14I068 City of Eden Prairie: PROJECT: SOUTHWEST LIGHT RAIL TRANSIT PROJECT AGREEMENT NAME: Master Funding Agreement—City of Eden Prairie PARTIES: • Metropolitan Council • City of Eden Prairie,Minnesota This Master Funding Agreement("Agreement") is entered into by and between the Metropolitan Council ("Council"), a public corporation and political subdivision of the State of Minnesota, and the City of Eden Prairie ("City"), a Minnesota municipal corporation, herein collectively referred to as the "Parties" and individually as a"Party". This Agreement pertains to the Council's proposed Southwest Light Rail Transit ("SWLRT") Project, referred to hereafter as the "Project". WHEREAS: 1. The Council, metropolitan area cities,public agencies, and transit funders are engaged in activities to develop the Project, an approximately 16 mile proposed extension of the METRO Green Line which will operate from downtown Minneapolis through the cities of St. Louis Park, Hopkins, Minnetonka, and Eden Prairie. 2. The Council has received appropriations from the State of Minnesota for the purpose of conducting environmental studies, completing project development, and designing the Project. The Council also expects to receive future appropriations from the State of Minnesota for engineering and construction of the Project. 3. The Council anticipates receiving grants from the Federal Transit Administration("FTA") for engineering and construction of the Project under a Full Funding Grant Agreement ("FFGA") with the FTA. 4. The Council has received a grant from the Counties Transit Improvement Board("CTIB") for project development for the Project. The Council also expects to receive future grants from the CTIB for engineering and construction of the Project. 5. The Council is a party to a Cooperative Funding Agreement for project development with the Hennepin County Regional Railroad Authority("HCRRA") for the Project. The Council expects to enter into future Cooperative Funding Agreement(s) with HCRRA for engineering and construction of the Project. 6. The City may be involved in certain activities or possibly provide materials in connection with and in support of the Project, and the Council may desire to pass through federal, state, CTIB or other local funds to the City for costs associated with such Project activities and/or materials. 7. The City may provide funding for certain non-FFGA components, including Locally Requested Capital Investments, through the transfer of City funds to the Council. City of Eden Prairie MFA:rev03 00_20150114 Page 1 of 19 8. This Agreement is entered into between the Parties to provide a mechanism for the transfer of Project funds from the Council to the City for activities undertaken by the City for the Project (Part One), and for the transfer of City funds to the Council for components related to, but not currently part of, the Project(Part Two). In addition, this Agreement establishes general provisions applicable to transfers from either Party to the other(Part Three). NOW, THEREFORE, the Parties hereby agree as follows: PART ONE ARTICLE 1. PURPOSE The purpose of Part One of this Agreement is to provide: a. A method for the transfer of funds from the Council to the City for activities performed or materials supplied by the City in connection with and in support of the Project; and b. Contractual provisions that address compliance with federal and state laws and regulations as well as Council procedures including, without limitation, federal requirements for the monitoring of the City's Project activities using federal grant funds. ARTICLE 2. SUBORDINATE FUNDING AGREEMENTS TRANSFERRING FUNDS FROM COUNCIL TO CITY 2.01 Transfer of Funds from Council to City. The Council will transfer Project funds to the City for the Project activities performed by the City. The transfer of funds from the Council to the City shall be in accordance with Subordinate Funding Agreements executed pursuant to this Article 2, each of which shall state the specific purpose for the funds, the City's responsibility with respect to those funds, and establish who will own any assets constructed or remaining upon completion of the work. Each such Subordinate Funding Agreement, in conjunction with this Agreement, shall be determined by the Council to constitute a subrecipient or vendor agreement with the Council for the purposes of any federal grant funds transferred to the City. The Council shall bear no responsibility for any costs incurred by the City for the Project that exceeds the amounts committed by Subordinate Funding Agreements as such agreements may from time to time be amended. 2.02 Subordinate Funding Agreements. In accordance with Section 2.01, the Parties shall enter into Subordinate Funding Agreements in order to facilitate the funding by the Council of Project activities to be performed by the City. The Parties anticipate there may be multiple such Subordinate Funding Agreements between them in connection with the Project. Each Subordinate Funding Agreement shall be in a form substantially similar to that attached as Exhibit A and shall follow and be subject to the terms of Part One and Part Three of this Agreement, unless expressly agreed to in writing otherwise. Notwithstanding any other provisions of this Agreement, this Agreement itself is not intended to create a specific financial obligation for either Party or to require either Party to enter into any specific Subordinate Funding Agreements, and no liability shall attach to either Party under this Agreement for refusing to enter into one or more subsequent Subordinate Funding Agreements. City of Eden Prairie MFA:rev03 00_20150114 Page 2 of 19 2.03 Implementation of Subordinate Funding Agreements. The Council will only reimburse the City for Project activities that are the subject of a Subordinate Funding Agreement. Prior to entering into a contract with any third party(including for the acquisition of property rights)to accomplish the City's reimbursable activities , or prior to authorizing any City employees to proceed with any reimbursable activities, the City shall present a work scope (including a work schedule), staffing plan, and detailed budget for such services or expenditures to the Council for review and approval. 2.04 Council Determination of Vendor or Subrecipient Relationship. The Council shall determine whether each Subordinate Funding Agreement is a subrecipient or vendor agreement. The Council shall state its determination in the Subordinate Funding Agreement. For subrecipient agreements, the City will be responsible to FTA for compliance with applicable federal laws, regulations, and deliverables. For vendor agreements, the Council will be responsible for compliance with applicable federal laws, regulations, and deliverables. 2.05 Modifications of Subordinate Funding Agreements. The following provisions apply to modifications of any Subordinate Funding Agreement: a. Rebudgeting within an approved budget is allowable as long as the budget is within the maximum amount of authorized funding. b. Modifications in work scope, if within the approved budget, are authorized when approved in writing by the Project Directors. c. Any other modifications to a Subordinate Funding Agreement shall require a written amendment of the Subordinate Funding Agreement executed by the Parties. d. Modification requests should be sent to the Project Directors. 2.06 Transfer of Project Funds to the City Under Subordinate Funding Agreements. The Council shall pay the City under Subordinate Funding Agreements as follows: a. Unless specifically agreed to by the Parties in and for a particular Subordinate Funding Agreement,payment to the City for Project costs under each Subordinate Funding Agreement shall be on a reimbursement basis based upon the submittal of invoices evidencing the expenditure of funds by the City for the Project. b. Unless specifically agreed to otherwise by the Parties in and for a particular Subordinate Funding Agreement, the City shall submit separate monthly invoices for each outstanding Subordinate Funding Agreement to the following address: Attn: Accounts Payable Southwest LRT Project Office 6465 Wayzata Blvd, Suite 500 St. Louis Park, MN 55426 or to such other address or person as the Council may designate by notice in writing. c. Each invoice shall reference the sequential number of the Subordinate Funding Agreement under which the invoice is to be paid. d. Each invoice shall include the following if the corresponding Subordinate Funding Agreement was determined by the Council to create a subrecipient relationship: City of Eden Prairie MFA:rev03 00_20150114 Page 3 of 19 i. Subrecipient Payment Request Form (Form C-22A-SPO) as shown in Exhibit B, ii. Subrecipient Monthly Progress Report (Form SPO P 1) as shown in Exhibit B, and iii. Itemization of the expenditures for which payment is requested using the Subrecipient Invoice Detail (Form SPO Fl) as shown in Exhibit B, along with supporting documentation. e. Each invoice shall include the following if the corresponding Subordinate Funding Agreement was determined by the Council to create a vendor relationship: i. SPO Payment Request Form (either Engineering-Consultant or Construction) 1) Engineering-Consultant Payment Request Form (Form C22A) as shown in Exhibit B for engineering related expenses, or 2) Construction Payment Request Form (Form C21A) as shown in Exhibit B for construction related expenses, ii. A description of activities undertaken in accordance with the Subordinate Funding Agreement, and iii. An itemized list of the expenditures for which payment is requested, along with any supporting documentation. f. If a Disadvantaged Business Enterprise ("DBE") goal applies to the work performed under a Subordinate Funding Agreement, invoices shall include a DBE Reporting Form as shown in Exhibit B, or such other format as may be prescribed by the Council, and shall include the information required by Section 4.06(e) of this Agreement. g. After receipt of an invoice, the Council may request additional information from the City regarding the invoice in order to verify the accuracy and appropriateness of the expenditures for which reimbursement is requested or as required by the FTA for reporting purposes. h. Upon receipt of an invoice, the Council will make prompt payment of undisputed amounts as required by Minnesota Statutes, Section 471.425. Under either 49 C.F.R. § 18.22 or Minnesota State Statutes Section 471.425, the Council may dispute or deny part or all of any invoice payment request if it reasonably believes that the requested payment does not conform to the terms of this Agreement and the applicable Subordinate Funding Agreement. The Parties will promptly meet to review and discuss any disputed or denied payment requests and the dispute resolution process outlined in Section 6.11 of this Agreement will ensue if the Parties cannot agree. If the Council does not pay the invoiced amount within 35 days of its receipt, the Council shall pay interest on the non-disputed amount at the rate of 1-1/2 percent per month. i. No invoice payment shall be made by the Council without prior amendment to the applicable Subordinate Funding Agreement, which would cause distribution of Project funds to exceed, cumulatively through such payment, the maximum amount of authorized funding under the applicable Subordinate Funding Agreement. City of Eden Prairie MFA:rev03 00_20150114 Page 4 of 19 j. Distribution of any funds to the City pursuant to an invoice, or approval of any report, shall not be construed as a Council waiver of any City noncompliance with this Agreement or the applicable Subordinate Funding Agreement. 2.07 Repayment of Unauthorized Use of Project Funds. Upon a finding by the Council that the City has made an unauthorized or undocumented use of Project funds, and upon a demand for repayment issued by the Council and supported by the reason for the finding, if the City agrees, the City shall promptly repay such amounts to the Council. If the City disagrees, the Parties will promptly meet to review and discuss any challenged use of funds already paid and the dispute resolution process outlined in Section 6.11 will ensue if the Parties cannot agree. Neither Party shall be deemed to have waived any rights or remedies available under state law, federal law, common law, or otherwise. 2.08 Prompt Payment to Subcontractors. Consistent with Minnesota Statutes, Section 473.142(f), if the City subcontracts any portion of the work under this Agreement or Subordinate Funding Agreements,the City shall pay such subcontractor within 10 Days of City's receipt of payment from the Council for undisputed services provided by the subcontractor. The City shall not,by reason of said payments,be relieved from responsibility for work done by the subcontractor and shall be responsible for the entire work under this Agreement or Subordinate Funding Agreement until the same is finally accepted by Council. ARTICLE 3. REQUIREMENTS FOR PROJECT FUNDED WORK 3.01 Allowable Costs; Unspent Funds. The City is authorized to use funds provided by the Council under this Agreement and per the terms of the Subordinate Funding Agreements only for allowable costs directly incurred for the Project. Allowable costs will be determined in accordance with the documents referenced in Section 4.05. Funds provided by the Council in Subordinate Funding Agreements may only be used for costs directly incurred: a. within the authorized work scope, b. during the project activity period, and c. in accordance with the approved budget for the funds. Any funds provided to the City under this Agreement and applicable Subordinate Funding Agreements which remain unspent after completion of the relevant Project activity shall be promptly repaid to the Council. 3.02 Documentation of Project Costs. All costs charged to the Project by the City must be supported by proper documentation, including properly executed payrolls, time records, invoices, contracts, receipts for expenses, or vouchers, evidencing in detail the nature and propriety of the charges per the requirements of Section 4.02 of this Agreement. 3.03 Establishment of Capital Assets. If Capital Assets, as defined by FTA and determined by the Council in a Subordinate Funding Agreement, are procured by or provided to the City under a Subordinate Funding Agreement, invoices shall include an Asset Tracking Log as shown in Exhibit B, or such other format as may be prescribed by the Council. City of Eden Prairie MFA:rev03 00_20150114 Page 5 of 19 3.04 Establishment and Maintenance of Project Information. The City agrees to establish and maintain accurate, detailed, complete, and separate books, accounts, financial records, documentation, and inspection and quality assurance reports produced by City staff and/or contractors, and other evidence relating to the receipt and expenditure of all Project funds. All such Project information shall be established and maintained in accordance with generally accepted government accounting principles and practices and shall be retained intact by the City until the latest of: a. complete performance of this Agreement and all Subordinate Funding Agreements entered into pursuant thereto; b. six years following the term of this Agreement and all Subordinate Funding Agreements entered into pursuant thereto; c. six years following the close out of the Project by the Council and the FTA; or d. if any litigation, claim, or audit is commenced during any such periods, when all such litigation, claims or audits have been resolved. If the City engages any contractors to perform any part of the Project activities, the City agrees that the contract for such services shall include provisions requiring the contractor to establish and maintain Project information in accordance with the provisions of this Article and to allow audit of such information in the same manner provided with respect to the City in Section 3.05. The provisions of this Section 3.04 shall survive termination of this Agreement. 3.05 Reimbursed Costs Audit. The accounts and records of the City relating to the reimbursable costs for the Project shall be audited in the same manner as all other accounts and records of the City are audited. During the time of maintenance of information under Section 3.04, authorized representatives of the Council, the Legislative Auditor and/or State Auditor in accordance with Minnesota Statutes, Section 16C.05, subdivision 5, the United States Secretary of Transportation, the FTA Administrator, and the United States Comptroller General in accordance with 49 U.S.C. Section 5325(g) will have access to all such books, records, documents, accounting practices and procedures, and other information for the purpose of inspection, audit, and copying during normal business hours. Proper facilities for such access and inspection shall be provided by the City. The provisions of this Section 3.05 shall survive termination of this Agreement. 3.06 Contract Information. The City shall, in connection with any contract entered into for the Project: a. Keep the Council informed as to the progress of such contract; b. Allow authorized representatives of the Council access to all meetings and documentation related to such contract; and c. Upon request, promptly provide the Council with copies of correspondence between the City and the contractor related to such contract. City of Eden Prairie MFA:rev03 00_20150114 Page 6 of 19 ARTICLE 4. FEDERAL REQUIREMENTS 4.01 Federal Requirements. Monies that may be provided to the City by the Council pursuant to this Agreement may be funded in whole or in part by the FTA. The requirements in this Article 4 are in addition to and, unless inconsistent and irreconcilable, do not supplant requirements found elsewhere in this Agreement. If any requirement in this article is inconsistent with a provision found elsewhere in this Agreement and is irreconcilable with such provision, the requirement in this Article 4 shall prevail. 4.02 Incorporation of Federal Grant. As the Council receives federal grants, including a potential Full Funding Grant Agreement, with respect to the Project, the Council will provide the City with a copy of each grant. The terms of each grant and any amendments shall be automatically incorporated by reference into this Agreement without further action by the Parties. These grants are collectively referred to in this Agreement as the "Federal Grants." When performing work or expending funds for Project activities, the City agrees to comply with all applicable terms and conditions of the Federal Grants received by the Council with respect to the Project. 4.03 Incorporation of Specific Federal Requirements. Specifically, and without limitation, the City agrees to comply with the federal requirements set forth in Exhibit C and agrees to require, unless specifically exempted, third party contractors at every tier to comply with the same. 4.04 Federal Certifications and Assurances; Execution and Incorporation. The City agrees to comply with and to certify compliance with the most recent version of the federal Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements if determined by the Council to be a subrecipient in a Subordinate Funding Agreement. The City must certify compliance with the applicable provisions by signing the appropriate certification(s) and returning the signed certification(s) as part of the execution of the applicable Subordinate Funding Agreement. During the term of the applicable Subordinate Funding Agreement, the Council shall provide to the City the annual Federal Certifications and Assurances document, which the City shall execute and return to the Council. 4.05 Compliance with Federal Requirements; Incorporation of Specific Documents by Reference. The City agrees to comply with all federal statutes, rules, FTA Circulars, and Executive Orders which may be applicable to the Federal Grants. In particular, the City agrees to comply with the terms and conditions of the current version of the following documents when performing work or expending funds for Project activities under this Agreement or any Subordinate Funding Agreement: a. FTA Master Agreement b. Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, 49 C.F.R. Part 18 c. Grant Management Requirements, FTA Circular 5010.1 D d. Full-Funding Grant Agreements Guidance, FTA Circular 5200.1A e. Third Party Contracting Requirements, FTA Circular 4220.1F f. Cost Principles for State, Local and Indian Tribal Governments, OMB Circular A-87 City of Eden Prairie MFA:rev03 00_20150114 Page 7 of 19 g. Audits of States, Local Governments, and Non-Profit Organizations, OMB Circular A-133 as such statutes, rules, circulars, and executive orders may hereafter be amended or modified. The listed documents are incorporated by reference into this Agreement. Copies of these documents are available on the FTA website or,upon request by the City, from the Council. 4.06 Third Party Contracts. If the City decides to fulfill any of its obligations or duties under a Subordinate Funding Agreement through a third party contract to be paid for by funds received under this Agreement, the City agrees to the following provisions. These requirements are in addition to other requirements for such contracts set forth in this Agreement. a. Compliance with Federal Procurement Requirements. The City will comply with all applicable federal law, rules, and guidance relating to such procurement including, without limitation, the provisions of the most current version of the Third Party Contracting Requirements, FTA Circular 4220.1F, which document is incorporated by reference into this Agreement. A copy of this document is available on the FTA website or, upon request by the City, from the Council. b. Certification of City's Procurement System. The City certifies that its procurement system complies with the standards described in the previous paragraph. c. Council Approval of Contracts. The City shall not execute any third party contract or otherwise enter into a binding agreement until it has first received written approval from the Council. The Council's approval of any such third party contract is solely for the benefit of the Council and shall not relieve the City of the responsibility to ensure that such contracts are in the proper form and include all state and federal requirements. Additionally, a Subrecipient Contract Initiation Memo, as shown in Exhibit B, is required to be executed prior to any procurement over$50,000. Requests to enter into agreements should be sent to the Project Director. d. Inclusion of Provisions in Lower Tier Contracts. The City agrees to include adequate provisions to ensure compliance with applicable federal requirements in each lower tier subcontract financed in whole or in part with monies from the Project provided under this Agreement including all applicable provisions of this Agreement. Provisions to be included in such subcontracts include the provisions in Exhibit C. e. Disadvantaged Business Enterprise Requirements. For all work performed under Part One of this Agreement, the City will comply with the Council's DBE Program. In particular, the City agrees to comply with the requirements of the Council's "Disadvantaged Business Enterprise Pass Through Agreement and Program" document which is attached to and made a part of this Agreement as Exhibit D. For the purpose of Exhibit D, the following provisions apply: i. The Metropolitan Council DBE Liaison Officer, or designated staff, shall act as the City DBE Liaison Officer for the purposes of work under Part One of this funding Agreement. ii. The City agrees to submit to the Council for review, approval, and establishment of the appropriate DBE goal a Subrecipient Contract Initiation Memo, as shown in Exhibit B, for all procurements in excess of$50,000. City of Eden Prairie MFA:rev03 00_20150114 Page 8 of 19 Noncompliance with DBE requirements may result in sanctions, including ineligibility for reimbursement pursuant to 49 C.F.R. § 18.22. iii. The City will provide reports to the Council reflecting all invoices paid on procurements for which a DBE goal has been established and identifying all DBE activity on such procurements. iv. The City will report DBE activity, on the Disadvantage Business Enterprise Reporting Form, to the Council on other purchase orders and invoices not included above with each Request for Payment. v. DBE eligibility will be based on the most recent DBE Directory from the Minnesota Unified Certification Program. f. Federal Procurement Basics. The City remains responsible for conforming its procurement processes to all applicable federal requirements for funds received from the Council under this Agreement and any Subordinate Funding Agreement. 4.07 Provisions Subject to Change. The City acknowledges that federal requirements in this Article 4 are subject to change and agrees that the most recent of these requirements shall govern this Agreement at any particular time. 4.08 No Federal Obligation. Monies provided under this Agreement may be financed in whole or in part by federal funds. However,payments to the City will be made by the Council. Pursuant to the Federal Transit Administration Master Agreement Section 2(f), the United States is not a party to this Agreement and no reference in this Agreement to the United States, the United States Department of Transportation, the FTA, or any representatives of the federal government makes the United States a party to this Agreement. The City shall include this clause in any contracts or Agreements entered into pursuant to this Agreement. 4.09 Special Reporting Requirements. The Council is required to report to the FTA regarding the Project activities. Accordingly, the City agrees to provide the Council with any additional or follow-up information reasonably requested by the Council, in order to meet the Council's FTA reporting requirements. PART TWO ARTICLE 5. SUBORDINATE FUNDING AGREEMENT TRANSFERRING FUNDS FROM CITY TO COUNCIL 5.01 Purpose. The purpose of Part Two of this Agreement is to provide a method for the transfer of City funds to the Council for components related to but currently not part of the Project, should any such payment be authorized by the City. 5.02 Transfer of Funds Requires Subordinate Funding Agreement. The City may provide funding for components related to but not part of the Project through the transfer of funds to the Council. Each such transfer of funds to the Council from the City shall be in accordance with one or more duly executed Subordinate Funding Agreements, each of which shall define the amount of funds committed by the City to the Council, specify the purpose for City of Eden Prairie MFA:rev03 00_20150114 Page 9 of 19 the funds, and establish who will own the asset constructed or remaining upon completion of the work. 5.03 Subordinate Funding Agreements. To facilitate funding by the City in accordance with Section 5.01, the Parties shall enter into Subordinate Funding Agreements. Subordinate Funding Agreements shall be in a form similar to Exhibit A and shall follow and be subject to the terms of Parts Two and Three of this Agreement,unless expressly agreed to in writing otherwise. Notwithstanding any other provisions of this Agreement, this Agreement itself is not intended to create a specific financial obligation for either Party or to require either Party to enter into any specific Subordinate Funding Agreements, and no liability shall attach to either Party under this Agreement for refusing to enter into one or more subsequent Subordinate Funding Agreements. 5.04 Implementation of Subordinate Funding Agreements. The City will only reimburse the Council for components related to the Project that are the subject of a Subordinate Funding Agreement. Prior to entering into a contractual obligation with any third party (including for the acquisition of property rights) to accomplish the Council's obligations reimbursable by the City, or prior to authorizing any Council employees to proceed with any reimbursable actions, the Council shall present a work scope (including a work schedule), staffing plan, and detailed budget for such services or expenditures to the City for review and approval. 5.05 Modifications of Subordinate Funding Agreements. The following provisions apply to any modifications in a particular Subordinate Funding Agreement: a. Rebudgeting within an approved budget is allowable as long as the budget is within the maximum amount of authorized funding. b. Modifications in work scope, if within the approved budget, are authorized when approved in writing by the City's Assistant City Engineer, or such other person as the City may designate by notice to the Council. c. Any other modifications in a particular Subordinate Funding Agreement, including any increase in the maximum amount of authorized funding or changes in the applicable activity period, shall require a formal amendment of the Subordinate Funding Agreement executed by the Parties. 5.06 Transfer of Funds to the Council Under Subordinate Funding Agreements. The City shall pay the Council under Subordinate Funding Agreements as follows: a. Unless specifically agreed to otherwise by the Parties in and for a particular Subordinate Funding Agreement,payment to the Council for costs under each Subordinate Funding Agreement shall be on a reimbursement basis after the submittal of invoices evidencing the expenditure of funds by the Council. b. The Council shall submit separate monthly invoices for each outstanding Subordinate Funding Agreement to the following address: City of Eden Prairie Accounts Payable 8080 Mitchell Road Eden Prairie, MN 55344 City of Eden Prairie MFA:rev03 00_20150114 Page 10 of 19 or to such other City address or person as the City may designate in writing. c. Unless the Parties otherwise agree, the Council shall submit each invoice to the City in the standard Council format and shall reference the sequential number of the Subordinate Funding Agreement under which the invoice is to be funded. d. Each invoice must include: i. A description of activities undertaken in accordance with the Subordinate Funding Agreement; ii. An itemized list of the expenditures for which payment is requested; and iii. Any supporting documentation. e. The Council shall add an administrative fee to each invoice to be paid by the City. For design and environmental professional services the fee shall be up to 3% of the actual professional service cost. If the City requests the Council to construct locally funded components related to, but currently not part of the Project, the City shall pay the following fees, which is a percentage of actual construction costs, for each professional service provided: i. Contract Administration 3% ii. Construction inspection 2% iii. Survey and staking 2% iv. Materials inspection 1% The above applicable fees and costs for professional services will be specified in Subordinate Funding Agreements. The Council reserves the right to adjust the fee percentages on an annual basis as amended in a Subordinate Funding Agreement. In the event this Agreement or the Subordinate Funding Agreement is terminated, the City shall be entitled to reimbursement of any unused portions of the above fee. f. After receipt of an invoice, the City may request additional information from the Council regarding the invoice in order to verify the accuracy and appropriateness of the expenditures for which reimbursement is requested. g. The City shall pay the Council the approved invoice amount within 30 days of its receipt. The City may dispute all of or any part of an invoice if it reasonably believes that the requested payment does not conform to the terms of this Agreement or the applicable Subordinate Funding Agreement. If disputed, the Parties will promptly meet to review and discuss the disputed or denied payment requests and the dispute resolution process outlined in Section 6.11 of this Agreement will ensue if the Parties cannot agree. Unless the City has disputed the payment of an invoice, if the City does not pay the invoiced amount within 30 days of its receipt, the Council shall charge and the City shall pay interest on the non-disputed amount at the rate of 1-1/2 percent per month. h. No invoice payment shall be made by the City without prior amendment to the applicable Subordinate Funding Agreement, which would cause the distribution of funds to exceed, cumulatively through such payment, the maximum amount of authorized funding under the applicable Subordinate Funding Agreement. i. The City's payment of any invoices or approval of any reports shall not constitute a waiver of any Council noncompliance with this Agreement or the applicable Subordinate Funding Agreement. City of Eden Prairie MFA:rev03 00_20150114 Page 11 of 19 5.07 Repayment of Unauthorized Use of Funds. Upon a finding by the City that the Council has made an unauthorized or undocumented use of City funds, and upon a demand for repayment issued by the City and supported by the reason for the finding, if the Council agrees, the Council shall promptly repay such amounts to the City. If the Council disagrees, the Parties will promptly meet to review and discuss any challenged use of funds already paid and dispute resolution pursuant to Section 6.11 will ensue if the Parties cannot agree. Neither Party shall be deemed to have waived any rights or remedies available under state law, federal law, common law or otherwise. 5.08 Use of Funds; Allowable Costs. The Council is authorized to use funds provided by the City under this Agreement only for costs directly incurred under a specific Subordinate Funding Agreement. Funds provided by the City under Subordinate Funding Agreements may only be used for costs directly incurred: a. Within the authorized work scope; b. During the specified activity period; and c. In accordance with the approved budget for the funds. 5.09 Documentation of Costs. All reimbursable costs charged to the City by the Council must be supported by proper documentation, including properly executed payrolls, time records, invoices, contracts, receipts for expenses, or vouchers, evidencing in detail the nature and propriety of the charges. 5.10 Establishment and Maintenance of Information. The Council agrees to establish and maintain accurate, detailed, complete, and separate books, accounts, financial records, documentation, and other evidence relating to the receipt and expenditure of all funds from the City. All such information shall be established and maintained in accordance with generally accepted government accounting principles and practices and shall be retained intact by the Council until the latest of: a. Complete performance of this Agreement and all Subordinate Funding Agreements entered into pursuant thereto; b. Six years following the term of this Agreement and all Subordinate Funding Agreements entered into pursuant thereto; c. Six years following the close out of the Project by the Council and the FTA; or d. If any litigation, claim, or audit is commenced during any such periods, when all such litigation, claims or audits have been resolved. If the Council engages any contractors to perform any part of the activities reimbursable by the City, the Council agrees that the contract for such services shall include provisions requiring the contractor to establish and maintain information in accordance with the provisions of this Article and to allow audit of such information in the same manner provided with respect to the Council in this Section 5.10. The provisions of this Section 5.10 shall survive termination of this Agreement. City of Eden Prairie MFA:rev03 00_20150114 Page 12 of 19 5.11 Audit. The accounts and records of the Council relating to costs reimbursable by the City shall be audited in the same manner as all other accounts and records of the Council are audited. During the time of maintenance of information under Section 5.10, authorized representatives of the City; the Legislative Auditor and/or State Auditor in accordance with Minnesota Statutes, Section 16C.05, subdivision 5; the United States Secretary of Transportation; the FTA Administrator, and the United States Comptroller General in accordance with 49 U.S.C. Section 5325(g); will have access to all such books, records, documents, accounting practices and procedures, and other information for the purpose of inspection, audit, and copying during normal business hours. Proper facilities for such access and inspection shall be provided by the Council. The provisions of this Section 5.11 shall survive termination of this Agreement. 5.12 Use of Contractors. If the Council engages any contractors to perform any activities reimbursable by the City under Part Two of this Agreement, the Council agrees that the contract for such services shall include all of the following provisions. These requirements are in addition to other requirements for such contracts set forth in this Agreement. a. The contractor must maintain all records and provide all reporting as required by this Agreement. b. The contractor must defend, indemnify, and save harmless the City from all claims, suits, demands, damages,judgments, costs, interest, and expenses arising out of or by reason of the performance of the contracted work, caused in whole or in part by any negligent act or omission of the contractor, including negligent acts or omissions of its employees, subcontractors, or anyone for whose acts any of them may be liable. c. The contractor must provide and maintain insurance in amounts and types of coverage appropriate to the contracted work and naming the City as an additional insured, and provide to the Council a certificate of insurance evidencing such insurance coverage. d. The contractor must be an independent contractor for the purposes of completing the contracted work. e. The contractor must acknowledge that the contract between the Council and the contractor does not create any contractual relationship between the City and the contractor. f. The contractor shall perform and complete the contracted work in full compliance with this Agreement and all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the contracted work. 5.12 Contract Information. The Council shall, in connection with any contract entered into for reimbursable work under Part Two of this Agreement: a. Keep the City informed as to the progress of such contract; b. Allow authorized representatives of the City access to all meetings and documentation related to such contract; c. Upon request, promptly provide the City with copies of correspondence between the Council and the contractor related to any such contract; and City of Eden Prairie MFA:rev03 00_20150114 Page 13 of 19 d. In addition to terms specified in this Agreement, include within the Contract Documents with the contractor appropriate insurance, indemnification, and liability provisions as negotiated and accepted by the Council and the contractor. The City expects the Contract Documents will include the following: the contractor's insurance will list the City as an additional insured under the contractor's policy with a minimum 30 day cancellation period; the contractor will defend and indemnify the City; the City will be a beneficiary of the performance and payment bonds; all warranties will extend to the City; and the City will be a third party beneficiary to the contract with the contractor with the authority to enforce the provisions of the contract. PART THREE ARTICLE 6. GENERAL PROVISIONS 6.01 Purpose. The purpose of Part Three of this Agreement is to establish the general provisions that apply to this Agreement and each Subordinate Funding Agreement executed by the Parties hereafter. 6.02 Independent Contractors. The Parties agree that any and all persons employed by or on behalf of a Party to perform any work or duties as an agent of a Party under this Agreement shall not be considered employees of the other Party. Any and all claims that may or might arise under the Workers Compensation Act of Minnesota on behalf of said employees or persons while so engaged, and any and all claims made by any third person as a consequence of any act or omission on the part of said employees or persons while so engaged in any of the work contemplated in this Agreement, shall not be the obligation or responsibility of the other Party. This Agreement is not intended to constitute an interchange of government employees within the meaning of Minnesota Statutes, Section 15.51, et seq. 6.03 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all oral agreements and negotiations between the Parties relating to the subject matter of this Agreement. As stated herein, this Agreement depends upon one or more Subordinate Funding Agreements for the actual authorization of work or transfer of any reimbursements and the terms of any subsequent Subordinate Funding Agreements shall be considered together with this Agreement. 6.04 Non-Waiver of Immunity and Limits. Nothing in this Agreement shall be construed to waive the immunities or liability limits provided in Minnesota Statutes, Section 3.736, or Minnesota Statutes, Chapter 466, or other applicable state or federal law. The provisions of Minnesota Statutes, Section 471.59, subdivision la, specifically apply to this Agreement. 6.05 Amendments. The terms of this Agreement may be changed only by mutual agreement of the Parties. Such changes shall be effective only upon the execution of written amendments signed by authorized officers of the Parties to this Agreement. 6.06 Non-Waiver. The failure of either Party at any time to insist upon the strict performance of any or all of the terms, conditions, and covenants in this Agreement shall not be City of Eden Prairie MFA:rev03 00_20150114 Page 14 of 19 deemed a waiver by that Party of any subsequent breach or default in the said terms, conditions, or covenants by the other Party. 6.07 Severability. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either Party. 6.08 Assignment Prohibited. Neither Party shall assign their obligations under this Agreement without receiving the express written consent of the other Party. 6.09 Time. The Parties agree that all obligations undertaken under this Agreement, and with respect to any subsequent Subordinate Funding Agreements entered into by the Parties, will be diligently performed in a manner consistent with the proper exercise of professional care and with due consideration to project timelines and constraints. 6.10 Notices. Except as otherwise expressly provided in this Agreement, all requests, notices, demands, authorizations, directions, consents, waivers or other communications required or permitted under this Agreement shall be in writing and shall either be: a. Delivered in person; b. Deposited postage prepaid in the certified mails of the United States, return receipt requested; c. Delivered by a nationally recognized overnight or same-day courier service that obtains receipts; or d. Delivered via email attachment. Such communications shall be directed to the individuals specified below or to such other persons and at such other addresses as either Party may at any time or from time to time designate for itself by notice in accordance with this section. Each such request, notice, demand, authorization, direction, consent, waiver or other document shall be deemed to be delivered to a Party when received at its address set forth or designated as above provided. For the Council: Project Director Southwest LRT Project Office 6465 Wayzata Blvd, Suite 500 St. Louis Park, MN 55426 Phone: 612-373-3820 For the City: Assistant City Engineer City of Eden Prairie City Center 8080 Mitchell Road Eden Prairie, MN 55344 Phone: 952 949-8339 City of Eden Prairie MFA:rev03 00_20150114 Page 15 of 19 6.11 Dispute Resolution. A dispute resolution process shall be used for any unresolved issue, dispute or controversy between the Parties before any legal remedies are exercised. The dispute resolution process contains a three level dispute resolution ladder that escalates a dispute from the project management level through the executive management level. The City is represented from Level 1 to 3 in the following order: City Engineer, Director of Public Works, and City Manager. The Council is represented from Level 1 to 3 in the following order: Deputy General Manager, General Manager, and Regional Administrator. At each level, representatives of the parties shall meet and continue to explore resolution until either party determines, in good faith, that effective resolution is not possible at the current level, and notifies the other party that the process is elevated to the next level. If either or both parties make such a determination at any point during issue resolution at Level 3, then the dispute resolution process has been exhausted. 6.12 Project Director. The Council's Project Director for purposes of administration of this Agreement, and any Subordinate Funding Agreements entered into pursuant to this Agreement, is the person whose title is listed in Section 6.11, or such other person designated in writing by the Council's Regional Administrator. The City's Project Director for purposes of administration of this Agreement and any Subordinate Funding Agreements entered into pursuant to this Agreement is the person whose title is listed in Section 6.10, or such other person designated in writing by the City. The City's Project Director shall: a. Coordinate the carrying out of the City's obligations under this Agreement; b. Coordinate Subordinate Funding Agreement work scope activities with the Council's Project Director; c. Attend meetings called by the Council's Project Director for Southwest Light Rail Project staff; and d. Complete training to be provided by the Council with respect to Council and federal requirements under this Agreement and any Subordinate Funding Agreements entered into pursuant to this Agreement. 6.13 Applicable Law and Venue. This Agreement shall be interpreted in accordance with the laws of the State of Minnesota. Venue for all legal proceedings arising out of or relating to this Agreement or any associated Subordinate Funding Agreements, or breach thereof; shall be in the state or federal court with competent jurisdiction in Hennepin County, Minnesota. 6.14 Effective Date and Termination. This Agreement shall be effective January 29, 2015. This Agreement or a Subordinate Funding Agreement shall terminate upon the earliest of: a. Completion of construction of the Project and reimbursement of all costs provided for in this Agreement and all Subordinate Funding Agreements entered into pursuant thereto; b. A determination by the Council that the Project or Subordinate Funding Agreement cannot proceed; c. A determination by the City that a Subordinate Funding Agreement transferring City funds to the Council cannot proceed, however this Agreement may not be terminated if a Subordinate Funding Agreement is outstanding; or City of Eden Prairie MFA:rev03 00_20150114 Page 16 of 19 d. A determination by the Council that sufficient funds do not exist, or are not reasonably projected to exist, in order to complete the Project or a Subordinate Funding Agreement. The City agrees that Project closeout or termination of this Agreement or any particular Subordinate Funding Agreement does not invalidate continuing obligations imposed on the City by this Agreement or such Subordinate Funding Agreements or any agreements entered into pursuant to the MFA or SFA. Project closeout or termination of this Agreement does not alter the Council's authority to disallow costs and recover funds on the basis of a later audit or other review, and does not alter the City's obligation to return any funds determined to be due to the Council. The Council agrees that Project closeout or termination of this Agreement or any particular Subordinate Funding Agreement does not invalidate continuing obligations imposed on the Council by this Agreement or such Subordinate Funding Agreements or any agreements entered into pursuant to the MFA or SFA. Project closeout or termination of this Agreement does not alter the City's authority to disallow costs and recover funds on the basis of a later audit or other review, and does not alter the Council's obligation to return any funds determined to be due to the City. 6.15 Exhibits. All attached exhibits are deemed to be incorporated into this Agreement. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK; SIGNATURE PAGE TO FOLLOW.] City of Eden Prairie MFA:rev03 00_20150114 Page 17 of 19 IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their duly authorized representatives on the dates indicated below. Furthermore, this Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. CITY OF EDEN PRAIRIE METROPOLITAN COUNCIL By: By: Its: Mayor Date: Its: Date: By: Its: City Manager Date: City of Eden Prairie MFA:rev03 00_20150114 Page 18 of 19 LIST OF EXHIBITS Exhibit Description A Form of Subordinate Funding Agreement B Sample Forms C Specific Federal Clauses D Disadvantaged Business Enterprise Pass Through Agreement and Program City of Eden Prairie MFA:rev03 00_20150114 Page 19 of 19 CITY COUNCIL AGENDA DATE: January 20, 2015 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Administration, Alecia Rose, Approval of Pay Equity Report Human Resources Manager Requested Action Move to: Receive the 2014 Pay Equity Report and approve submittal of the report to the State. Synopsis In 1984, the Minnesota Legislature passed the Local Government Pay Equity Act(LGPEA). This state law requires all public jurisdictions such as cities, counties, and school districts to eliminate sex-based wage inequities in compensation. The City of Eden Prairie is required to submit a pay equity report every three years to demonstrate compliance with this law. The attached report for 2014, which must be approved by the Council, is due January 31, 2015. Our analysis of the data contained in the report indicates that the City is currently in compliance this law. Attachment Pay Equity Report Pay Equity Implementation Report 1 /15/2015 Part A : Jurisdiction Identification Jurisdiction : Ll41 Q& auk Py1iUf4-- Jurisdiction Type : WA E ()1 erA Y1 u Contact: a1 . i _ _ ?at{ Phone: E-Mail : efC'.1.kirS ,(rtCQyaib; le ( � Part B : Official Verification 1 . The job evaluation system used measured skill , effort 3 . An official notice has been posted at: responsibility and working conditions and the same (� (► system was used for all classes of employees . ` ` � � � � CC lt4�� SWW1, (prominent location ) The system used was : informing employees that the Pay Equity Description : I y C fiv",t Implementation Report has been filed and is C� tkim b(A Y available to employees upon request. A copy of the notice has been sent to each exclusive t . representative, if any , and also to the public library. The report was approved by: 01 � v�1A,V1,1 2 . Health Insurance benefits for male and female classes of (governing body) comparable value have been evaluated and : ` \\PARI Ykb GL tVeRa. . (chief elected official) (titl ) Part C : Total Payroll Checking this box indicates the following : - signature of chief elected official - approval by governing body 23i CM 17 • a - all information is complete and accurate , and 7 ` � - all employees over which the jurisdiction has is the annual payroll for the calendar year just ended final budgetary authority are included December 31 . Date Submitted : Compliance Report Jurisdiction : Eden Prairie Report Year: 2015 8080 Mitchell Road Case : 1 - 2014 DATA ( Private (Jur Only)) Eden Prairie MN 55344 Contact Lori Kerns Phone : (952) 949-8431 E-Mail : . ( kerns@edenprairie . org The statistical analysis , salary range and exceptional service pay test results are shown below. Part I is general information from your pay equity report data . Parts II , III and IV give you the test results . For more detail on each test, refer to the Guide to Pay Equity Compliance and Computer Reports . I . GENERAL JOB CLASS INFORMATION Male Female Balanced All Job Classes Classes Classes Classes # Job Classes 55 37 11 103 # Employees 213 87 47 347 Avg . Max Monthly 5 , 645 . 15 5 , 695. 60 5 , 580 . 34 Pay per employee II . STATISTICAL ANALYSIS TEST A. Underpayment Ratio = 98 . 67 * Male Female Classes Classes a . # At or above Predicted Pay 33 22 b . # Below Predicted Pay 22 15 c. TOTAL 55 37 d . % Below Predicted Pay 40 . 00 40 . 54 (b divided by c = d) *( Result is % of male classes below predicted pay divided by % of female classes below predicted pay. ) B . T-test Results Degrees of Freedom ( DF) = 298 Value of T = -2 . 506 a . Avg . duff in pay from predicted pay for male jobs = ($60) b. Avg . Jiff. in pay from predicted pay for female jobs = $266 III . SALARY RANGE TEST = 0 . 00 (Result is A divided by B) A. Avg . # of years to max salary for male jobs = 5 . 20 B . Avg . # of years to max salary for female jobs = 0 . 00 IV. EXCEPTIONAL SERVICE PAY TEST = 0 . 00 (Result is B divided by A) A. % of male classes receiving ESP 5 . 45 * B . % of female classes receiving ESP 0 . 00 * ( If 20% or less , test result will be 0 . 00) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 20, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Police, Chief Rob Reynolds Approval of 2015 Towing Services Agreement Requested Action Move to: Approve renewal of the towing services agreement between the City of Eden Prairie and Matt's Auto Service. Synopsis This agreement for Towing Services will provide consistency of towing services and costs. Background Information For 49 years Matt's Auto Service has been the official towing agency for the City of Eden Prairie. Matt's Auto Service has consistently provided the City with quality service. Matt's Auto Service provides towing/impoundment services for several other local police departments including Minnetonka, Hopkins, Deephaven, Hennepin County Sheriff and State Patrol. This is a renewal of the 2014 agreement. The proposed agreement has been reviewed and approved by the City Attorney. Attachment Agreement 2015 AGREEMENT FOR TOWING SERVICES THIS AGREEMENT , entered into this 974 day of JAAfUn 9 , 2015 , between the City of Eden Prairie , 8080 Mitchell Road, Eden Prairie , MN 55344 ( "City" ) , and Matt ' s Auto Service , Inc . , 6282 Industrial Drive , Eden Prairie , MN 55344 ("Contractor" ) . In consideration of the mutual covenants contained herein, the City and Contractor agree as follows : 1 . Contractor ' s Services . The Contractor agrees to provide all services :,:/: required by the City for towing of "vehicles " , as that term is defined in Minn . Stat . § 169 . 011 , Subd . 92 . These services shall be provided in accordance with the terms of this Agreement . The Contractor shall furnish the equipment , personnel , supplies , and facilities sufficient to fulfill all the terms of this Agreement . 2 . Personnel . All drivers provided for the towing of vehicles shall be checked for driver ' s license and warrants by the City of Eden Prairie Police Department (hereinafter, the "Police Department") prior to their assignment. Contractor agrees to train all drivers in the proper towing of vehicles containing hazardous materials in accordance with federal and state laws . 3 . Storage Facility. The Contractor shall provide a storage facility for towed vehicles which shall be fenced and locked in a secure manner . The facility shall have space for no fewer than 150 vehicles and shall be located within one mile of the City limits . 4 . Operation. No vehicle shall be towed under this Agreement without specific authorization from an employee or agent of the City . All vehicles shall be towed, not driven (except when authorized) without damage to the vehicles , to the storage facility. Contractor shall maintain and provide a telephone answering service 24 hours a day for the purpose of receiving requests for service pursuant to this Agreement , and provide and maintain mobile radio service with all towing units . 5 . Notification of Owner. Upon the deposit of a towed vehicle in the storage facility, the Contractor shall , within 72 hours , send to the registered owner a notice by certified mail specifying the date and place of the tow, the year, make , model , and serial number of the vehicle towed, if such information can be reasonably obtained, and the procedure to reclaim the vehicle . A record of this notice shall be retained by the Contractor. 6 . Release . No vehicle shall be released without proper proof of ownership . Vehicles ordered held by the Police Department ( "Police Hold" ) shall not be released without written authorization from the Police Department. Vehicles not kept on a Police Hold shall be released by the Contractor after obtaining proper proof of ownership and 1 proof of current insurance coverage if the vehicle is to be driven out of the storage facility . The Contractor reserves the right to specify the manner of payment for all charges and fees . The Contractor agrees to supply personnel and reasonable hours of operation for the release of vehicles . Minimum hours shall be 8 : 00 a . m . to 5 : 00 p . m . Monday through Friday ; 10 : 00 a . m . to 1 : 00 p . m . Saturdays ; and 2 : 00 p . m . to 3 : 00 p . m. on Sundays and holidays . Contractor agrees to provide emergency service beyond those hours at the request of the Police Department. 7 . Towing and Storage Charges . The 24-hour towing rate schedule for the term of this Agreement for City of Eden Prairie impounded vehicles is : TOWING RATES Impounded vehicles $ 115 . 00 Trailering impounded vehicles (additional) $ 5 minimum Accidents $ 145 . 00 * Lowboy & Tractor service $ 95/hour minimum Dollies (Additional) $ 25 . 00/45 . 00 Winching (Additional) $45 small truck $ 225 big truck * Semi truck tractors and trailers $ 100 minimum* On- scene additional labor charges $ 25 . 00/45 . 00/hour minimum * additional labor charges may be imposed depending on the specific equipment or labor needed at the scene . STORAGE RATES Cars and pickup trucks $ 30 . 00/day Two wheel motor vehicles , mopeds , ATVs , and snowmobiles $45 . 00/day • Inside storage $45 . 00/day Tractor-trailers , large trucks $45—$ 65/day Note : ( 1 ) Vehicles not able to be towed by conventional means due to unusual factory or after-market equipment installed will be towed at the lowboy and tractor service rate plus additional labor charges which the Contractor must justify. Note : (2) Additional labor charges may include , but are not limited to , unlocking vehicles , disconnecting transmission linkages or driveshafts , unusual road clean up , snow shoveling, any additional equipment needed , and vehicles located off the main roadways . Labor charges must be justified by the Contractor . 2 All towing or storage charges shall be the responsibility of the vehicle owner, except that ( a) public safety vehicles requiring towing within the City shall be towed without charge to the City, (b ) vehicles towed and/or stored in error ( at the request of the City) shall be returned to the owner at no charge , ( c) Contractor may charge , in its discretion, a $ 25 fee for vehicles impounded by the City and abandoned by the owner that require disposal at the Contractor ' s expense pursuant to paragraph 10 of this Agreement . Any such fees charged by the Contractor shall be deducted from the administrative fees owed by the Contractor pursuant to paragraph 9 of this Agreement. 8 . Forfeited Vehicles . Vehicles towed and stored pursuant to seizure/forfeiture under Minnesota Statutes § § 609 . 531 to 609 . 5318 and § 169A . 63 and subsequently released to the registered owner or lien holder shall be towed and stored pursuant to the following guidelines : ( a) Rates (i) Vehicles released within 15 days of impound (0- 15 days ) shall be charged the towing and storage fees outlined in paragraphs 6 and 7 . (ii) Vehicles released up to 60 days after impound ( 16-60 days ) shall be charged a $ 200 . 00 flat fee . (iii) Vehicles released more than 60 days after impound ( 61 + days ) shall be charged a $ 200 flat fee plus $ 5 per day beginning on the 61st day . (b) Notification (i) If the registered owner or lienholder collects the vehicle within 7 days of the date of release of the hold , the Contractor shall charge no additional storage rates beyond those outlined in (a) (i)—(iii ) , above . ( ii) If the registered owner or lienholder fails to collect the vehicle within 2 days of the date of release of the hold , the Contractor shall send notification to the registered owner or lienholder via certified mail to collect the vehicle . If the registered owner or lienholder does not collect the vehicle within 4 days from the date the Contractor mailed the notification, the Contractor shall charge the applicable storage rate outlined in paragraph 7 , beginning on the 5th day after the notification was mailed . (iii) If the Contractor is required to send notice by certified mail , the Contractor shall also charge to the registered owner or lienholder $ 12 . 00 to cover staff time and materials . Release of such vehicles shall be governed by Minnesota Statutes § § 609 . 531 to 609 . 5318 , § 169A . 42 , and § 169A . 63 . Any storage or towing fees paid to the Contractor 3 by the registered owner or lien holder which have already been paid by the City shall be reimbursed to the City by the Contractor . 9 . Records and Reports . The Contractor shall prepare an annual report of all :.,/,,„:,,,,,_! vehicles towed, stored , released, and still held by the Contractor in a form acceptable to the City (the "Annual Towing Report" ) . The Annual Towing Report shall include the reasons why, if any, vehicles towed have not been released . The Contractor shall file the Annual Towing Report with the Police Department on or before December 31 of each year for the preceding twelve-month period . All records of services provided by the Contractor pursuant to this Agreement shall be available for inspection by the City upon request . 10 . Administrative Fees . The Contractor agrees to pay the City $ 3 . 00 for clerical and administrative expenses for each vehicle referenced in the Annual Towing Report filed with the Police Department . The Contractor shall pay these fees annually at the same time that the Contractor files the Annual Towing Report as provided in paragraph 9 . Vehicles not claimed and destroyed by the Contractor will be exempt from the administrative fee . 11 . Sales and/or Disposal . When the total of all charges for towing, storage , and other charges equals or exceeds the value of the vehicle impounded , the Contractor shall , with the permission of the Chief of Police of the Police Department, sell the vehicle at a sheriff' s sale or otherwise dispose of the vehicle by lawful means . The Chief of Police may authorize the lawful sale of other vehicles when so requested by the Contractor after proper notification has been made to the registered owner . The Contractor shall report all transactions of sale or disposal , including the proceeds received , in the Annual Towing Report . The Contractor shall keep records and prepare ' an annual summary report by January 31 , 2016 , of all losses and profits from the sale or disposal of vehicles towed pursuant to this Agreement . 12 . Liability. The Contractor shall be responsible for the loss of, or damage to , any vehicle , equipment thereon, and contents therein due to the fault of the Contractor or his agent, from the time the Contractor , its employees or agents take custody of the vehicle , including by signing the receipt for the vehicle , by hooking or hoisting the vehicle , or by any other means . The Contractor shall be responsible for the safekeeping of personal property within or on the vehicle as identified on the vehicle impound form . 13 . Indemnification . The Contractor shall indemnify, hold harmless , and defend the City, its employees , and agents from and against all claims , damages , losses , and expenses , including attorneys ' fees , which the City may suffer or for which it may be held liable because of bodily injury , including death , or damage to property, including loss of use , arising out of any act or omission of the Contractor, its employees , agents , or subcontractors in the performance of this Agreement . 14 . Insurance . The Contractor shall obtain and maintain liability insurance for coverage of not less than the following amounts : 4 i Hazardous Load As required by fed/state laws Worker ' s Compensation Statutory Employer ' s Liability $ 100 ,000/$ 500 ,000/$ 100 ,000 Bodily Injury & $ 100 , 000 each occurrence Property Damage Fire & Theft $ 30 , 000 each occurrence Garagekeeper Liability $ 30 ,000 each occurrence The insurance shall cover all operations under this Agreement, whether undertaken by the Contractor, subcontractors , or anyone employed or retained by them . Coverage for bodily injury and property damage shall be written under comprehensive general and comprehensive automobile liability policy forms , including coverage for all owned, hired, and non- owned motor vehicles . The insurance shall also cover the indemnification liability set forth in paragraph 13 . All insurance policies required by this paragraph shall include a provision stating that the policy may not be canceled , terminated, or reduced except upon thirty (30) days written notice to the City . The insurance company shall deliver to the City certificates of all required insurance on a form provided by the City, signed by an authorized representative . The representative shall have in effect errors and omissions coverage in limits of not less than $ 100 , 000 per occurrence and $ 300 , 000 aggregate . 15 . Non-Discrimination . The Contractor agrees during the life of this Agreement not to discriminate against any employee , applicant for employment , or other individual because of race , color, sex , age, creed , national origin, or any other basis prohibited by federal , state , or local laws . The Contractor will include a similar provision in all subcontracts entered into for performance of this Agreement. 16 . Subcontractors . The Contractor shall not subcontract all or any portion of this Agreement without the prior written approval of the City, except for assistance in emergency or unforeseen circumstances . All subcontractors shall be bound by and covered by all terms of this Agreement . 17 . Agreement Period . This Agreement shall be effective as of January 1 , 2015 , and terminate on January 15 , 2016 or upon commencement of a renewal of this Agreement , whichever first occurs . This Agreement may be renewed from year to year on the same terms and conditions upon the mutual written consent of the City and the Contractor. This Agreement may also be terminated by either party upon fifteen ( 15 ) days written notice if the other fails to perform in accordance with the terms of this Agreement through no fault of the terminating party . 18 . Independent Contractor . At all times and for all purposes hereunder, the 16 Contractor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Contractor an employee of the City . 5 19 . Compliance with Laws . In providing services pursuant to this Agreement , the Contractor shall abide by all statutes , ordinances , rules , and regulations pertaining to the performance of this Agreement . Any violation shall constitute a material breach of this Agreement and entitle the City to terminate this Agreement . 20 . Audit . The books , records , documents , and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor as appropriate . 21 . Payment to Subcontractors . The Contractor shall pay any subcontractor within ten ( 10) days of the Contractor ' s receipt of payment from the City for undisputed services provided by the subcontractor . The Contractor shall pay interest of one and one- half percent ( 11% ) per month or any part of a month to a subcontractor on any undisputed amount not paid on time to the subcontractor . The minimum monthly interest penalty payment for an unpaid balance of $ 100 . 00 or more is $ 10 . 00 . For an unpaid balance of less than $ 100 . 00 , the Contractor shall pay the actual amount due to the subcontractor. 22 . Data Practices Act Compliance . This Agreement is subject to the Minnesota Government Data Practice Act , Minnesota Statutes Chapter 13 ( "Data Practices Act") . All government data , as defined in the Data Practices Act Section 13 . 02 , Subd . 7 , which is created, collected , received , stored , used , maintained , or disseminated by the Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and the Contractor shall comply with those requirements as if it were a government entity . All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language . 23 . Final Payment . The City may withhold from any final payment due the Contractor such amounts as are incurred or expended by the City on account of the termination of the Agreement . 24 . Agreement Review . The Contractor reserves the right to renegotiate certain fees should fuel prices rise significantly during the term of this Agreement . 25 . Whole Agreement . This Agreement embodies the entire agreement between the parties including all prior understanding and agreements , and may not be modified , except in writing, signed by all parties . [ signatures on next page] 6 MATT ' S AUTO SERVICE , INC . CITY OF EDEN PRAIRIE et By / X By Its Owner Its Mayor By Its City Manager Dated : W Dated : Pi P. 8. p. 8. 8. iE 8. 8. 8. RI ge a. a. a. ff P. REE 8. 8. ia a. it 33 Or kl 8. 8. 8. R. rg CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 20, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Fiber redundancy for Disaster Recovery Kristi Etter, IT Manager Implementation for High Quality Efficient Services Requested Action Move to: Approve the construction agreement with Arvig Enterprises for an alternate fiber optic route to Golden Valley/LOGIS. Synopsis With all remote city locations now on fiber, this phase of the fiber build-out continues to create alternative fiber routes to prevent city network outages in the event of an accidental fiber cut or natural disaster. Providing a redundant loop will help ensure that the city network is always available. Background Information As part of the plan for disaster recovery, an alternate fiber route needs to be constructed between the City of Eden Prairie and LOGIS in Golden Valley. Our current alternative is the Alvarion Wireless antenna on the Edina water tower which is the end of its effective life cycle and uses slower, antiquated technology requiring at minimum $60,000 in updates to maintain over the next three years. A more modern, stable infrastructure is necessary for ensuring business continuity. The alternate route will be built to the training facility at 7525 Braemar Blvd. in Edina in addition to a 2.15 fiber lease with Arvig. The estimated cost of the fiber construction is $54,620. (Winter rates do not apply as we won't move forward with this construction until the spring thaw.) In addition, the city will incur a monthly lease fee of$230 for the next five years with Arvig. Full stake designs will be provided upon contract signature. The attached drawing shows a red line depicting the construction path and the 1310 window lease in yellow going south to Liquor Store#2 at Prairie Center and 78th Street where it meets the city network. Attachments Arvig Construction Quote Arvig Construction Site Drawing Construction Agreement arylg. 888.992.7844 I arvig.com Budgetary Estimate - Price Quotation Arvig®Proprietary and Confidential Date: 10/23/2014 Prepared For: Business Name: City of Eden Prairie Contact Person: Kristi Etter Phone Number: Email Address: Prepared By: Account Executive: Lee Peterson Phone Number: 612-390-6846 Email Address: lee.peterson@arvig.com Service Description: Fiber Construction (Assumes City will splice on the 7525 end and will require that the City lease 2.15 mile 1310 optical window from Arvig.) Service Address(s): See below MRC NRC TERM ADDRESS SERVICE BANDWIDTH Monthl Recurrin Non-Recurring y g Charge or One- Charge Time Installation Fiber to 7525 Braemar Blvd Edina, MN Fiber Construction $54,620 Fiber Construction $75,068 including Winter Rates 5yr 1310 window lease Wavelength $230 N/A • Terms&Conditions: 1. This Price Proposal is confidential information and is governed by the Non-Disclosure Agreement between the parties. 2. This Proposal contains a price quote and is not a binding order for services on its own.Customer must submit a signed Service Order,and Arvig,at its sole discretion,must accept the Service Order in writing to create a binding order for Services. 3. The demarcation point for the Service shall be as stated herein, provided that if a generic demarcation point(such as a street address)is provided, the demarcation point used for the quote above shall be Arviq's minimum point of entry(MPOE)closest to stated generic demarcation point and within 50 feet of building entrance. Bids do not include any vendor cross-connect fees. 4. Third-party charges and taxes are not included in this Proposal unless specifically stated. 5. To the extent this proposal contains pricing for On-Net Services;such pricing is valid for 45 days from the date of this Proposal. 6. Delivery of service contingent on available capacity from Arvig Network Services. Pricing Considerations: 1. Pricing and availability contingent upon final site survey and Engineering design and approval. 2. All prices quoted exclude applicable taxes, regulatory taxes,regulatory fees,assessments and other governmental fees. 3. Arvig reserves the right to correct any computational errors in this quote. Wage ' 4/J 1/4.."--`5'. /p. ... / .,_ , -- ii\c .._. - 4 /.'.../1 ,./.." _-- , / 1....- 1 , ,...,/ ., i I _,--.1,-. _i. 'A -.- _-.." ( 0/./... . ....., - - .t I IgN4 h . ..) . ' -,-.-, f 7 `�dy© !f Apache Rd;7-[ 1, * a t s °•• s. � . Samuel-RdAi 7--( ': , .f , 1 j � ._ hN �hpe1 ;in ,"," „,„:,4• :.,,., i1N-69th 5t— , y .(... _ A, i-• il r,_ . : i, 1 % r _ Vim• o•` CL F, , 1 ? ZyO:../jii. 21--.)7,. 41 - gyp• i : '1°2-c'm. ___,:1 :\ + ex-istimg splicevoint!'existing splice paint' a + Lif q f / 12 ra. Ti 01) (�7 n El r-- © :�.. Dewey Nilr2 d C{r? t Mil .. o { Or d. !< :752.5 Braemar Blvd Edina MN A, . -,,e 'F► o a`. existin City ��K. 6.. _ 1 i] v CO co 1 _R f Vie +" ti - ril -- \ 1. '.? 44. -i ID I. 11-3 I • - . i� r k . ;' '''. ' 61 748O West 78th Street Bloomington� �est_ � 1-. :,_. 4 -. .� f I • `'-___ 6 4'1992 • , -0 v = Imagery pate:.to/f 1/2014 44°52'23.72" N 93°24'O1_27"W ekev 899 ft eye:alt 13327 ft Ca FIBER OPTIC CONSTRUCTION AGREEMENT BETWEEN ARVIG ENTERPRISES,INC. AND THE CITY OF EDEN PRAIRIE REDUNDANT PATH TO GOLDEN VALLEY/LOGIS THIS FIBER OPTIC CONSTRUCTION AGREEMENT PHASE 4("Agreement") is entered into between ARVIG ENTERPRISES, INC., a Minnesota corporation (hereinafter referred to as "Arvig") and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation (hereinafter referred to as the "City"), Arvig and the City collectively hereinafter referred to as the "Parties". RECITALS A. Arvig has constructed and maintains fiber optic networks ("Existing Network") in the City. Arvig provides fiber optic service over the Existing Network. B. The Parties are interested in constructing and installing additional fiber ("Additional Network"), connecting the Additional Network to the Existing Network, and establishing a lease agreement detailing ownership, maintenance and service related to the Additional Network. C. The Parties desire to enter into this Agreement to outline their respective duties and obligations as it relates to above-described construction, installation,maintenance, and service. NOW, THEREFORE, in consideration of their mutual covenants the Parties agree as follows: 1. DEFINITIONS. The following terms and phrases as used in this Agreement shall mean: A. "Agreement" means this fiber optic agreement between Arvig and the City for construction, installation, maintenance, and service related to the Additional Network. B. "Additional Network" means the fiber constructed and installed pursuant to this Agreement as set forth on Exhibit A and consisting of the installation of fiber to the City's Art Center and substation at Eden Prairie Center. C. "Fiber" means a glass strand or strands which is/are protected by a color coded buffer tube and which is/are used to transmit a communication signal along the glass strand in the form of pulses of light. 2. ARVIG' OBLIGATIONS. A. Fiber Installation. Arvig shall: 1 of 9 i. Construct and install all fiber for the Additional Network consistent with current industry standards. All Fiber shall meet the specifications contained in RUS PE-90 attached hereto as Exhibit B. ii. Connect the fiber constructed and installed as part of the Additional Network to Arvig's Existing Network. iii. Take appropriate steps to protect existing materials and systems including floors, walls, and ceilings from damage. Arvig shall remove all water from exterior wall penetration and prevent other water related damage. iv. For any exterior below grade wall penetrations Arvig shall meet the following core drill requirements: - Seal to prevent water infiltration. -No visible light transmission or air movement through the opening area. -Patch openings to fill remaining wall opening, be flush with adjacent wall face and be watertight. Utilize non-shrink grout to fill openings. v. Provide reel end splicing for all Fiber. vi. Provide, as necessary, termination for all of the Fiber. vii. Conduct pre-installation check of Fiber optic cable - verify correct fiber optic cable distance, manufacturer's specifications, and check for material defects and document that the fiber optic cable is free from defects. Minimum of dB loss test of Fiber must be performed and results recorded for each Fiber prior to deployment. viii. Perform distance test, fiber optic cable loss test, event loss test, link loss, return loss, and link-return loss. All attenuation tests must be done at 1310 and 1550 nm. ix. Perform OTDR tests on all strands of the Fiber and store test results on floppy disk (Bellcore FMTAP format) and provide a printed report. All testing must be done through connectors and must be done in both directions. Testing must be done at both 1310 and 1550 nm. Shield continuity must be tested and verified after cable installation and splicing is complete. Optical power loss for each individual connector must not be more than 0.3 dB and for each splice point must not be more than 0.15 dB. 2 of 9 B. Laws, Regulations, Rules and Policies. Arvig shall perform all obligations pursuant to this Agreement in compliance with all applicable laws, regulations, rules and policies. Arvig shall obtain any required permits and permissions before commencing any activity under this Agreement. C. Notification of Construction and Installation. Prior to any construction or installation of the Additional Network, Arvig shall: i. Notify the City of the times and locations of the construction or installation; ii. Provide any affected property owners with reasonable notice of the construction or installation activities; and iii. Take all appropriate safety precautions including but not limited to installation of detour and caution signs for affected roadways. D. Restoration of Damaged Property. Arvig shall restore to its previous condition any property damaged by the performance of any obligation pursuant to this Agreement within 35 days of the occurrence of the damage. If Arvig fails to restore any property within 35 days, the City may restore the property and either invoice Arvig for the cost of the restoration or offset the cost of restoration against any amounts the City owes to Arvig. Arvig shall pay any such invoice within 35 days of receipt. E. Service. Arvig shall provide fiber service to all properties connected to the Additional Network. Arvig shall be responsible for all service, rate setting and invoicing. 3. CITY OBLIGATIONS. A. Fiber Connections to Laterals. The City will coordinate with Arvig in connecting the Additional Network to the buildings. B. Repair and Maintenance of Fiber. The City shall maintain the Additional Network to industry standards. The City shall be responsible for all costs of repair and maintenance. C. Locates. The City shall be responsible for all locates of infrastructure for the Additional Network including Gopher State One Call locates. The City shall bear the cost of all locates for the Additional Network. D. Payment. The City shall pay Arvig $54,620 for the construction and installation of the Additional Network. Upon the completion of the construction and installation of the Additional Network, Arvig shall provide the City with documentation detailing the completion. The City shall pay to Arvig within 35 days of receipt of the documentation and Invoice. 3 of 9 4. OWNERSHIP OF FIBER. The City shall own all fiber installed as part of the Additional Network. 5. RELOCATION OF FACILITIES. Any relocation of facilities shall be in conformance with City policies. 6. GENERAL CONDITIONS. The City's General Conditions to the Standard Specifications For Construction are attached hereto as Exhibit C and incorporated herein as if fully set forth. 7. INTEGRATION. The entire and integrated agreement of the Parties as contained in this Agreement shall supersede all prior negotiations, representations, or agreements between the Parties regarding the Additional Network; whether written or oral. 8. AMENDMENTS. Amendments to this Agreement shall be effective only if in writing and executed by all Parties to the Agreement. 9. COUNTERPARTS. This Agreement may be executed in one or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the Parties and delivered to the other Party, it being understood that all Parties need not sign the same counterpart. 10. SEVERABILITY. If any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the Parties. 11. CONTROLLING LAW. The laws of the State of Minnesota shall govern all interpretation of this Agreement. Any legal actions shall be venued in Hennepin County, Minnesota. 12. CAPTIONS. The captions or section headings in this Agreement are for convenience only and in no way defend, limit, or describe the scope or intent of any provision, section or clause of this Agreement. IN WITNESS THEREOF, the Parties have caused this Agreement to be executed by their duly authorized officials. [Signature Pages to Follow] 4 of 9 ARVIG ENTERPRISES,INC. By: Andy Klinnert Its: By: Its: 5 of 9 CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Mayor Rick Getschow, City Manager 6 of 9 EXHIBIT A Depiction of Additional Network— Phase 4 7 of 9 EXHIBIT B Specifications 8 of 9 EXHIBIT C General Conditions 9 of 9 CITY COUNCIL AGENDA DATE: SECTION: Public Hearing January 20, 2015 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: IX.A. Janet Jeremiah, Community Adopt Resolution Approving Modified Tax Development Director Increment Financing Plan, District No. 16 and Molly Koivumaki, Manager, Amendment No. 4 to Project Management Housing and Community Agreement Services Requested Action Move to: • Close the public hearing; and • Adopt the Resolution approving Modified Tax Increment Financing Plan, District No. 16 and Amendment No. 4 to the Project Management Agreement Synopsis Tax Increment Financing District No. 16 was established in 1999 to provide 140 affordable housing units to tenants living at Lincoln Parc for a term of 15 years. The City, the HRA, and the developer, Lincoln Parc Apartments, LLC, have agreed to extend the term of the affordable units through the year 2027, or 25 years from when the first tax increment was collected from the district, which is the maximum allowed by statute. The Modified TIF Plan for District No. 16 increases the budget for the District to facilitate reimbursement of additional developer-incurred project costs associated with continuing to provide the affordable units for the full 25-year term. Background Lincoln Parc is a 186-unit apartment building located on Singletree Lane near the intersection of Flying Cloud Drive. The project is part of Tax Increment Financing District No. 16 created in 1999 to help subsidize 20% of the total units for tenants with incomes below 50% of the median income for the metro area, and 55% of the total units for tenants with incomes below 80% of the median income for the metro area. Attachments Resolution TIF Plan Modification Amendment No. 4 to Project Management Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015 - RESOLUTION APPROVING MODIFIED TAX INCREMENT FINANCING PLAN,DISTRICT NO. 16 AND AMENDMENT NO. 4 TO PROJECT MANAGEMENT AGREEMENT BE IT RESOLVED by the City Council (the "Council") of the City of Eden Prairie, Minnesota(the"City"), as follows: Section 1. Recitals 1.01. The Board of Commissioners (the "Board") of the Eden Prairie Housing and Redevelopment Authority (the "HRA") has heretofore established Redevelopment Project No. 5 (the "Project Area") and adopted the Redevelopment Plan therefor. It has been proposed by the HRA that the City adopt a Modification to the Tax Increment Financing Plan (the "TIF Plan Modification") for the Tax Increment Financing District No. 16 (the "TIF District"), which is located the Project Area, all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 to 469.047, and Sections 469.174 to 469.1794, inclusive, as amended (the "Act"), all as reflected in the TIF Plan Modification and presented for the Council's consideration. 1.02. Tax increment from the TIF District has been used to pay for certain development costs and to provide affordable housing units at Lincoln Parc Apartments. The TIF Plan Modification will allow the City and HRA to extend the term of the affordability of 140 units from 15 to 25 years. 1.03. The City and the HRA have investigated the facts relating to the TIF Plan Modification and have caused the TIF Plan Modification to be prepared. 1.04. The City and HRA have performed all actions required by law to be performed prior to the adoption and approval of the TIF Plan Modification, including, but not limited to, notification of Hennepin County and Independent School District No. 272, having taxing jurisdiction over the property to be included in the TIF District, and the holding of a public hearing upon published notice as required by law. 1.05. The City and HRA are not modifying the boundaries of the Project Area or the TIF District. Section 2. Findings for the TIF Plan Modification 2.01 The Council hereby reaffirms the original findings for the TIF District, namely that when the TIF District was established, Tax Increment Financing District No. 16 was established as a housing district. However, the City originally designated the TIF District as a "qualified housing district" under Section 469.174, subd. 29 of the Act. Legislation in 2008 repealed provisions related to qualified housing districts, effective retroactively to cover any district given that designation. Accordingly, the TIF District is no longer a "qualified housing district," but remains subject to all laws that govern housing districts as defined in the Act. In accordance with the applicable state requirements for housing districts, at the time of TIF District creation, a minimum of 37 units in Lincoln Parc are required to be occupied by individuals at or below 50% of the area median income. 2.02 It is found and determined, and it is the reasoned opinion of the City, that: (i) The proposed redevelopment described in the TIF Plan Modification would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. The major purpose of the TIF Plan Modification is to extend the term of affordable housing units within Lincoln Parc. Historically, affordable housing has not occurred in the City without significant public assistance because of high land and construction costs and lower revenues produced by affordable rents or sale prices. The use of tax increment resources from the TIF District will offer opportunities for the private developer to continue to incorporate affordable housing in Lincoln Parc. By reimbursing the developer for the eligible costs of Lincoln Parc, the City will be able to extend the term of affordability on 140 units by 10 years. The Developer has represented to the City the extension of the affordable units would not occur without the TIF Plan Modification. (ii) The TIF Plan Modification conforms to the general plan for the redevelopment of the City as a whole. The City's Comprehensive Guide Plan ("Guide Plan") guides the property as Town Center. Town Center calls for a pedestrian-oriented mixed-use downtown area that includes offices, shops, and restaurants, with nearby housing having higher density than is typically found in other parts of the City. Lincoln Parc is a high density residential development that complies with the City's Guide Plan and general goals for providing safe and sustainable housing for its citizens. The Community Development Director advises and the Council finds that the development is compatible with the City's zoning ordinances and other related regulations and encourages efficient use of existing infrastructure as set forth in the City's Guide Plan. (iii) The Tax Increment Plan Modification will afford maximum opportunity, consistent with the sound needs of the City as a whole,for the redevelopment of the Project by private enterprise. The City has promoted affordable rental and owner-occupied housing for several years. The tax increment from the TIF District will be used to encourage the private market to offer affordable housing choices and ensure that affordability is maintained over an extended period of time, and promote development that links housing with transportation corridors and services. Through the implementation of the TIF Plan, the City will increase the availability of low and moderate income housing opportunities in the City. 2.03 As required by Section 469.176, Subdivision 4d, it is expected that all of the tax increment to be derived from the District will be used to finance eligible costs of the low and moderate income housing project, including the cost of public improvements directly related thereto and allowable administration expenses of the Redevelopment Project. Section 3. Public Purpose 3.01. The adoption of the TIF Plan Modification conforms in all respects to the 2 requirements of the Act and will help fulfill a need to provide housing opportunities affordable to persons of low and moderate income and improve the tax base. These public purposes and benefits exceed any benefits expected to be received by private developers, who will receive assistance only in the amount needed to make the provision of affordable housing financially feasible. Section 4. Approval and Adoption of the TIF Plan Modification 4.01. The TIF Plan Modification is hereby approved, and shall be placed on file in the office of the City Clerk. 4.02. City staff is authorized to file the TIF Plan Modification with the Commissioner of Revenue, the Office of the State Auditor and the Hennepin County Auditor. 4.03. City staff, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the TIF Plan Modification and for this purpose to negotiate, draft, prepare and present to this Council for its consideration all further modifications, resolutions, documents and contracts necessary for this purpose. Section 5. Approval of Amendment No. 4 to Project Management Agreement 5.01. The City and Lincoln Parc Apartments, LLC (the "Developer") are parties to that certain Project Management Agreement dated June 20, 2000, as amended (the "Project Management Agreement") which requires the Developer to provide affordable housing units for 15 years from the date of receipt of the first tax increment. The City and the Developer have caused to be prepared Amendment No. 4 to the Project Management Agreement, which reflects the TIF Plan Modification and extends the terms of the affordability of 140 units from 15 to 25 years, or until December 31, 2027. 5.02. Amendment No. 4 to the Project Management Agreement is hereby approved. The Mayor and City Manager are hereby authorized to execute Amendment No. 4 to the Project Management Agreement and such other documents and certificates as may be necessary to give effect to the transaction herein contemplated. Section 6. Additional Approvals 6.01 The Approval hereby given to the TIF Plan Modification and Amendment No. 4 to Project Management Agreement includes approval and the execution by the appropriate officers of the City of such additional documents necessary to fulfill the objectives contemplated hereby. ADOPTED by the Eden Prairie City Council this 20th day of January, 2015. 3 Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk 4 City of Eden Prairie, Ni nnesota Housing and Redevelopment Authority in and for the City of Eden Prairie Modification to Tax Increment Financing Plan for Tax Increment Financing (Qualified Housing) District No. 16 (Lincoln Parc Apartments Project) Originally Adopted: July 20, 1999 Last Amendment Dated: April 17, 2007 Draft Modification Dated: January 15, 2015 Public Hearing Scheduled: January 20, 2015 Anticipated Approval: January 20, 2015 Prepared by: SPRINGSTED INCORPORATED 380 Jackson Street, Suite 300 St. Paul, NV 55101-2887 (651)223-3000 YIN A/V.SPRINGSTED.COW INTRODUCTION The purpose of the proposed Amendment to the Tax Increment Financing(l1F)Plan for Tax Increment Financing District No. 16 is to increase the budget in order to facilitate reimbursement of additional developer-incurred project costs associated with continuing to provide affordable housing within the Oty of Eden Prairie, pursuant to an extension of the Project Management Agreement for the 11F District.. The Authority reserves the right to use tax increment for all 11F eligible costs of the district, induding related administrative expenses. The sections of the Amendment to the liF Plan specifically being altered include Section F: Duration of the 11F District; Section K Estimated Public Costs; Section L: Estimated Sources of Revenue; Section M: Estimated Amount of Bonded Indebtedness; Section O: Original Tax Capadty Rate; Section P: Projected Retained Captured Net Tax Capacity and Projected Tax Increment and Section V: Estimated Impact on Other Taxing Jurisdictions. This modification is not intended to reflect all changes that have occurred statutorily or to the project since the original Plan was approved. TABLE OF CONTENTS Section Page(s) F Duration of the ll F District 1 K Estimated Public Costs 1 L Estimated Sources of Revenue 1 M Estimated Amount of Bonded Indebtedness 2 0 Original Tax Capacity Rate 2 P Projected Retained Captured Net Tax Capadty and Projected Tax Increment 2 V Estimated Impact on other Jurisdictions 2 X Development(Project Management)Agreements 3 Assumptions Report EXHIBIT I Projected Tax Increment Report EXHIBIT II Estimated Additional Impact on Other Taxing Jurisdictions Report EXHIBIT III Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota Section F Duration of the TIF District Housing districts may remain in existence 25 years from the date of receipt by the Authority of the first tax increment. Modifications of this plan(see Section Z)shall not extend these limitations. The Authority anticipates that the District will remain in existence the maximum duration allowed by law(projected to be through the year 2027). The purpose of this modification is to increase the estimated public costs and sources of revenue in anticipation of an extension to the Project Management Agreement that will allow for the collection and spending of tax increments through the maximum duration allowed (see Section P). Hoever the Authority will decertify the 11F District as early as possible should the projected increment be received in a shorter time period than originally projected. Al tax increments from taxes payable in the year the ll F District is decertified shall be paid to the Authority. Section K Estimated Public Costs The estimated public costs of the 11F District are listed below. Such costs are eligible for reimbursement from tax increments of the 11F District. Original Budget Administrative Proposed July 20, 1999 Ar r, ndment Modification April 17,2007 (December 18,2014)_ Land/Building acquisition $2,928,568 $2,695,725 $2,695,725 Site Improvements/preparation costs 2,313,932 2,129,962 2,129,962 Installation of public utilities Other(eligible 11F pooling activities) 865,290 1,352,021 Other Qualified Housing Improvements 4,867,295 Loan/note interest payments _ Administrative expen..,cs 524,250 75,773 129,854 Total $5,766,750 $5,766,750 $11,174,857 The Authority reserves the right to administratively adjust the amount of any of the items listed above or to incorporate additional eligible items, so long as the total estimated public cost is not increased. Section L Estimated Sources of Revenue Administrative Original Budget Proposed Modification Arnendment February 6, 1996 April 17,2007 (December 18,2014) Tax Increrrent revenue $5,766,750 $5,716,750 $11,124,857 Interest on invested funds 50,000 50,000 Bond/Nott/ a proceeds Real estate sales Other Total $5,766,750 $5,766,750 $11,174,857 The Authority anticipates providing additional financial assistance to affordable housing projects on a pay-as-you-go basis. Under the pay-as-you-go scenario,future tax increments received from the property within the 71 F District are distributed to the developer/owner as reimbursement for public costs incurred(see Section K). SPRINGSTED Page 1 Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota The Authority reserves the right to finance any or all public costs of the 11F District using pay-as-you-go assistance, internal funding, general obligation or revenue debt, or any other finandng mechanism authorized by law. The City also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs induding, but not limited to, special assessments, utility revenues,federal or state funds,and investment income. Section M Estimated Amount of Bonded Indebtedness The Authority does not antidpate issuing tax increment bonds to finance the estimated public costs of the 11F District. However it raves the right to issue an amount that would not exceed$11,174,857. Section 0 Original Tax Capacity Rate Upon creation of the TIF District the County Auditor certified the original tax capacity rate of the TIF District and is the sum of all local tax rates that apply to property in the TIF District. This rate shall be for the same taxes payable year as the original net tax capacity and is 134.556%. The amount of tax increment generated by the T1F District will be calculated using the lesser of(a)the sum of the current local tax rates at that time or(b)the original (frozen') tax capadty rate of the Tl F District. The proposed local tax rates that apply to property in the T1F District,for taxes levied in 2014 and payable in 2015 is 114.153%as shown below. This amount is less than the frozen rate of 134.556% therefore the projections assume this tax rate shall apply for the remaining term of the District. Proposed 2014/2015 Jurisdiction Local Tax Rate City of Eden Prairie 33.706% Hennepin County 46.648% I SD#272 21.958% Other 11.841% Total 114.153% Section P Projected Retained Captured Net Tax Capacity and Projected Tax Increment Each year the County Auditor shall determine the current net tax capadty of all property in the TTF District. To the extent that this total exceeds the original net tax capadty, the difference shall be known as the captured net tax capacity of the ll F District. The County Auditor shall certify to the City the amount of captured net tax capacity each year. The City may choose to retain any or all of this amount. It is the Citys intention to retain 100%of the captured net tax capadty of the T1F District. Such amount shall be known as the retained captured net tax capacity of the T1F District. Exhibit I gives a listing of the various information and assumptions used in preparing a number of the exhibits contained in this TIF Plan, induding Exhibit I which shows the projected tax increment generated over the remaining life of the TTF District. Section V Estimated Impact on Other Taxing Jurisdictions Exhibit III shows the estimated impact on other taxing jurisdictions if the maximum projected retained captured net tax capacity of the TTF District was hypothetically available to the other taxing jurisdictions. The City believes that there will be no adverse impact on other taxing jurisdictions during the life of the TIF District, since the development would not have occurred without the establishment of the TIF District and the provision of public assistance. A positive SPRINGSTED Page 2 Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota impact on other taxing jurisdictions will occur when the TTF District is decertified and the development therein becomes part of the general tax base. The fiscal and econorc implications of the proposed tax increment financing district, as pursuant to Mnnesota Statutes, Section 469.175, Subdivision 2, are listed below. 1. The total amount of tax increment that will be generated over the life of the district is estimated to be $11,215,231. $5,427,646 is estimated to be the additional amount attributable to the modification. 2. To the extent the project in the proposed liF District No. 16 generates any public cost impacts on city- provided services such as police and fire protection, public infrastructure, and borrowing costs attributable to the district, such costs will be levied upon the taxable net tax capacity of the City, exduding that portion captured by the District. The Oty does not anticipate issuing general obligation tax increment bonds to finance a portion of the costs attributable to the District, but reserves the right to finance project costs in this manner. 3. The amount of tax increments over the remaining life of the district that would be attributable to school district levies, assurring the school district's share of the total local tax rate for all taxing jurisdictions remained the same, is estimated to be $1,044,039. This amount is resulting from the modification to increase the estimated project costs financed by tax increment revenues of the District. 4. The amount of tax increments over the remaining life of the district that would be attributable to county levies, assuming the countys share of the total local tax rate for all taxing jurisdictions remained the same is estimated to be$2,217,978. This amount is resulting from the modification to increase the estimated project costs financed by tax increment revenues of the District. 5. No additional information has been requested by the county or school district that would enable it to determine additional costs that will accrue to it due to the development proposed for the district. To our knowledge neither entity has adopted standard questions in a written policy on information requested for fiscal and economic implications. Section X Development(Project Management)Agreements If within a project containing a housing district, more than 25%of the acreage of the property to be acquired by the Gty is purchased with tax increment bonds proceeds(to which tax increment from the property is pledged),then prior to such acquisition, the City must enter into an agreement for the c of the property. Such agreement must provide recourse for the Oty should the development not be completed. The Authority antidpates entering into an extension of the existing Project Management Agreement to allow for reimbursement of additional eligible costs associated with maintaining the project and providing affordable housing; hou\ever the Authority does not anticipate acquiring any property located within the TTF District. SPRINGSTED Page 3 Exhibit I Assumptions Report City of Eden Prairie, Minnesota Modification to Tax Increment Financing (Housing) District No. 16 Projections 2016-2027 (Lincoln Parc Apartments Project) Type of Tax Increment Financing District Housing Maximum Duration of TIF District 25 years from 1st increment Projected Certification Request Date 06/30/14 Decertification Date 12/31/27 (12 Years of Increment) Original Net Tax Capacity $15,788 2015/2016 2016/2017 2017/2018 2018/2019 Base Estimated Market Value $1,263,000 $1,263,000 $1,263,000 $1,263,000 Estimated Increase in Value- New Construction 25,769,000 26,579,960 27,415,249 28,275,596 Total Estimated Market Value 27,032,000 27,842,960 28,678,249 29,538,596 Total Net Tax Capacity $352,150 $362,737 $373,642 $384,873 Frozen Tax Rate Proposed Pay 15 City of Eden Prairie 28.531% 33.706% Hennepin County 40.994% 46.648% ISD#272 59.204% 21.958% Other 5.827% 11.841% Local Tax Capacity Rate 134.556% 114.153% Fiscal Disparities Contribution From TIF District NA Administrative Retainage Percent(maximum = 10%) 1.00% Pooling Percent 9.00% Note (Pay-As-You-Go) Note Dated 06/30/15 Note Rate 0.00% Note Amount $4,056,078 SPRINGSTED Page 4 Exhibit II Projected Tax Increment Report City of Eden Prairie,Minnesota Modification to Tax Increment Financing(Housing)District No.16 Projections 2016-2027(Lincoln Parc Apartments Project) Less: Retained Times: Less: Less: Less: Annual Total Total Original Captured Tax Annual State Aud. Subtotal TIF Admin. Annual Period Market Net Tax Net Tax Net Tax Capacity Gross Tax Deduction Gross Tax Pooling Retainage Net Ending Value Capacity Capacity Capacity Rate Increment 0.360% Increment 24.00% 1.00% Revenue (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) 12/31/16 27,032,000 352,150 20,388 331,762 114.153% 378,716 1,363 377,353 90,565 3,774 283,014 12/31/17 27,842,960 362,737 20,388 342,349 114.153% 390,802 1,407 389,395 93,455 3,894 292,046 12/31/18 28,678,249 373,642 20,388 353,254 114.153% 403,250 1,452 401,798 96,432 4,018 301,348 12/31/19 29,538,596 384,873 20,388 364,485 114.153% 416,071 1,498 414,573 99,498 4,146 310,929 12/31/20 30,424,754 396,442 20,388 376,054 114.153% 429,277 1,545 427,732 102,656 4,277 320,799 12/31/21 31,337,497 408,358 20,388 387,970 114.153% 442,879 1,594 441,285 105,908 4,413 330,964 12/31/22 32,277,622 420,631 20,388 400,243 114.153% 456,889 1,645 455,244 109,259 4,552 341,433 12/31/23 33,245,950 433,272 20,388 412,884 114.153% 471,320 1,697 469,623 112,710 4,696 352,217 12/31/24 34,243,329 446,293 20,388 425,905 114.153% 486,184 1,750 484,434 116,264 4,844 363,326 12/31/25 35,270,629 459,704 20,388 439,316 114.153% 501,493 1,805 499,688 119,925 4,997 374,766 12/31/26 36,328,748 473,518 20,388 453,130 114.153% 517,262 1,862 515,400 123,696 5,154 386,550 12/31/27 37,418,610 487,746 20,388 467,358 114.153% 533,503 1,921 531,582 127,580 5,316 398,686 I $5,427,646 $19,539 $5,408,107 $1,297,948 $54,081 $4,056,078 SPRINGSTED Page 5 Page 5 Exhibit III Estimated Additional Impact on Other Taxing Jurisdictions Report City of Eden Prairie,Minnesota Modification to Tax Increment Financing(Housing)District No.16 Projections 2016-2027(Lincoln Parc Apartments Project) Without Project or TIF District With Project and TIF District Proposed Proposed Projected Hypothetical 2014/2015 2014/2015 Retained New Hypothetical Hypothetical Tax Generated Taxable 2014/2015 Taxable Captured Taxable Adjusted Decrease In by Retained Taxing Net Tax Local Net Tax Net Tax Net Tax Local Local Captured Jurisdiction Capacity(1) Tax Rate Capacity(1) + Capacity = Capacity Tax Rate(*) Tax Rate(*) N.T.C. (*) City of Eden Prairie 92,812,593 33.706% 92,812,593 $467,358 93,279,951 33.537% 0.169% 156,738 Hennepin County 1,356,052,834 46.648% 1,356,052,834 467,358 1,356,520,192 46.632% 0.016% 217,938 ISD#272 88,076,231 21.958% 88,076,231 467,358 88,543,589 21.842% 0.116% 102,081 Other(2) --- 11.841% --- 467,358 --- 11.841% --- --- Totals 114.153% 113.852% 0.301% * Statement 1: If the projected Retained Captured Net Tax Capacity of the TIF District was hypothetically available to each of the taxing jurisdictions above,the result would be a lower local tax rate(see Hypothetical Adjusted Tax Rate above) which would produce the same amount of taxes for each taxing jurisdiction. In such a case,the total local tax rate would decrease by 0.301%(see Hypothetical Decrease in Local Tax Rate above). The hypothetical tax that the Retained Captured Net Tax Capacity of the TIF District would generate is also shown above. Statement 2: Since the projected Retained Captured Net Tax Capacity of the TIF District is not available to the taxing jurisdictions, then there is no impact on taxes levied or local tax rates. (1) Taxable net tax capacity=total net tax capacity-captured TIF-fiscal disparity contribution, if applicable. (2) The impact on these taxing jurisdictions is negligible since they represent only 10.37%of the total tax rate. Page 6 (Space Above Reserved for Recording Information) AMENDMENT NO. 4 TO PROJECT MANAGEMENT AGREEMENT This AMENDMENT NO. 4 TO PROJECT MANAGEMENT AGREEMENT (this "Amendment No. 4") is effective as of this day of , 2015 by and between THE CITY OF EDEN PRAIRIE, a public body corporate and politic of the State of Minnesota (the "City") and LINCOLN PARC APARTMENTS, LLC, a Minnesota limited liability company("Developer"). RECITALS A. Developer is the fee Developer of certain real property known as Lincoln Parc Apartments located at 12100 Singletree Lane in the City of Eden Prairie, Hennepin County, Minnesota, and legally described as Lot 4, Block 1, Eden Prairie Marketcenter, Hennepin County, Minnesota(the "Project"). B. Developer's predecessor-in-interest, Hartford Associates, LLC, a Minnesota limited liability company, and the City entered into that certain Project Management Agreement dated June 20, 2000, and recorded in the office of the Registrar of Titles, Hennepin County, Minnesota, on November 9, 2000, as Document No. 3331466, as assigned by Hartford Associates, LLC to Developer pursuant to that certain Assignment of Project Management Agreement By and Between the City of Eden Prairie and Hartford Associates, LLC, dated October 25, 2000, and recorded in the office of the Registrar of Titles, Hennepin County, Minnesota on November 9, 2000, as Document No. 3331467, as amended by that certain Amendment No. 1 to Management Agreement dated November 14, 2000, and recorded in the office of the Registrar of Titles, Hennepin County, Minnesota, on December 6, 2000, as Document No. 3339042, as further amended by that certain Amendment No. 2 to Project Management Agreement By and Between the City of Eden Prairie and Lincoln Parc Apartments, LLC, dated September 30, 2003, and recorded in the office of the Registrar of Titles, Hennepin County, Minnesota, on November 5, 2003, as Document No. 3871169, and as further amended by that certain Amendment No. 3 to Project Management Agreement and Subordination Agreement dated February 1, 2011, and recorded in the office of the Registrar of Titles, Hennepin County, Minnesota, on February 23, 2011, as Document No. T4836565 (together with all subsequent amendments, modifications, renewals and extensions thereof, collectively referred to herein as the "PM Agreement"). C. City and Developer desire to further amend the PM Agreement to extend the term of the PM Agreement, including the required rent restrictions,until December 31, 2027. NOW, THEREFORE, in consideration the foregoing recitals and of the mutual covenants and agreements hereinafter set forth, it is agreed by and between Developer and the City as follows: 1. The Recitals are a part of this Amendment No. 4. All capitalized terms used herein shall have the meaning ascribed to them in the PM Agreement unless otherwise specifically defined herein. 2. For purposes of this Amendment No. 4, the following subsections of section 1 of the PM Agreement are hereby amended in their entirety to read as follows: 1.2 Adjusted Annual TIF Payment: an annual portion of the Tax Increment received by the Developer from the City that is estimated to be less than $333,746. 1.3 Annual TIF Payment: an annual portion of the Tax Increment received by the Developer from the City of an estimated $333,746, based upon seventy- five percent (75%) of the estimated annual Tax Increment of$444,994. 1.11 Tax Increment: the tax increments derived from the TIF District which have been received and retained by the City in accordance with the provisions of Minnesota Statutes, Section 469.177 or otherwise pursuant to the Tax Increment Act, estimated to be $444,994 annually. 1.12 Term: a period of twenty-five (25) years beginning on the date the first tax increment was received in 2002. The term shall end on December 31, 2027. 1.14 Total Annual TIF Payments: The sum of the Annual TIF Payments and Adjusted Annual TIF Payments received by the Developer from the City. The Total Annual TIF Payments during the Term are projected to be a maximum of $8,343,643, but may be less in the event one or more Adjusted Annual TIF Payments are made. 3. Subsection 3.5 of the PM Agreement is hereby amended in its entirety to read as follows: 3.5 If all other terms and conditions of this Agreement have been complied with and performed, the City shall pay to the Developer or its lender up to seventy-five percent (75%) of the Tax Increment in Annual TIF Payments or Adjusted Annual TIF Payments during the Term. The Annual TIF Payments or Adjusted Annual TIF Payments may be used only for eligible costs which are identified in the TIF Plan, Section K, Estimated Public Costs, as land/building acquisition, site improvements/preparation costs, installation of public utilities, eligible TIF pooling activities, other Qualified Housing Improvements, loan/note interest payments, and administrative expenses. The City's Annual TIF Payments and Adjusted Annual TIF Payments shall be made semi-annually in two (2) equal installments per year, each installment to be paid within ten (10) business days of receipt by the City of property tax revenues from Hennepin County. The City's obligation to make each entire semi-annual payment is expressly contingent upon sufficient Tax Increment being received during each semi-annual period to make each such payment. In the event that Tax Increment received in insufficient to make an Annual TIF payment, the City shall make an Adjusted Annual TIF Payment in proportion to the actual Tax Increment received, i.e., 75 percent of the Tax Increment received. In no event will the City be required to make an Annual TIF Payment or an Adjusted Annual TIF Payment from any funds whatsoever other than those generated by the TIF District. The Total Annual TIF Payments shall be the City's contribution to the Project. 4. Section 6 of the PM Agreement is hereby amended in its entirety to read as follows: 6. Reduction of Rents. In the event that the Annual TIF Payments and Adjusted Annual TIF Payments are made available to the Developer in an amount equal to seventy-five percent (75%) of the Tax Increment annually during twenty-four (24) years of the Term, the Developer shall continue to provide the Low Income and Very Low Income Special Units as provided in this Agreement. 5. Exhibit F to the PM Agreement, the TIF Note, is deleted in its entirety and substituted with the attached Amended Exhibit F entitled Amended TIF Note. Developer shall execute and deliver to the City the Amended TIF Note upon execution of this Amendment No. 4. 6. The PM Agreement remains in full force and effect and is not modified except as expressly provided in this Amendment No. 4. The terms and conditions of this Agreement supersede the terms of the PM Agreement, and, should there be any conflict or inconsistency between this Amendment No. 4 and the PM Agreement, the terms and conditions of this Amendment No. 4 shall prevail. 7. As required by Section 14.6 of the PM Agreement, this Amendment No. 4 shall be effective only upon the receipt of the written consent of HUD and any successor holder of the first mortgage on the Project. 8. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one instrument. IN WITNESS WHEREOF, the parties hereto have caused this AMENDMENT NO. 4 TO PROJECT MANAGEMENT AGREEMENT to be effective as of the day and year first written above. [signature pages to follow] DEVELOPER: LINCOLN PARC APARTMENTS, LLC, a Minnesota limited liability company By: Its: STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2015, by , the of LINCOLN PARC APARTMENTS, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public THE CITY: THE CITY OF EDEN PRAIRIE, a public body corporate and politic of the State of Minnesota Nancy Tyra-Lukens Its Mayor Rick Getschow Its City Manager STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2015, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and City Manager on behalf of THE CITY OF EDEN PRAIRIE, a public body corporate and politic of the State of Minnesota, on behalf of the public body corporate and politic. Notary Public This instrument drafted by: Gregerson,Rosow,Johnson&Nilan,Ltd. 650 Third Avenue South Suite 1600 Minneapolis,MN 55402 (612)338-0755 AMENDED EXHIBIT F AMENDED TIF NOTE Date: FOR VALUE RECEIVED, the undersigned (herein called the "Borrower") promises to tender to the City of Eden Prairie, a public body corporate and politic under the laws of the State of Minnesota (herein called the "Lender"), or its assigns, under the terms of the Project Management Agreement by and Between the Lender and the Borrower dated June 20, 2000, as amended by Amendment No. 1 to Management Agreement dated November 14, 2000, Amendment No. 2 to Project Management Agreement dated September 30, 2003, Amendment No. 3 to Project Management Agreement and Subordination Agreement dated February 1, 2011, and Amendment No. 4 to Project Management Agreement dated , 2015 (collectively, the "Project Management Agreement") the "Total Annual TIF Payments," as defined in the Project Management Agreement subsection 1.14, which have been previously paid to the Borrower by the Lender (the "TIF Repayment"). The Total Annual TIF Payments are estimated to be a maximum of$8,343,643. The Lender is providing the Tax Increment Funds to the Borrower to enable the Borrower to improve certain real property located within the City of Eden Prairie, Minnesota, described as: Lot 4, Block 1, Eden Prairie Marketcenter, Hennepin County, Minnesota(herein called the "Project"). The Project Management Agreement refers to the rights of the Lender as to the acceleration of the indebtedness evidenced by this Note but subject to the HUD restrictions set forth in this Note and in the Project Management Agreement. The Project Management Agreement also refers to events, the occurrence of which will result in the Borrower's no longer having an obligation to pay the TIF Repayment or to pay a lesser amount. Nothing in this Note is intended to alter or to conflict with the terms, conditions, and provisions of the HUD regulations, handbooks, administrative requirements, and lender notices in effect at the time of execution of the Regulatory Agreement between the Developer and HUD or the documents required to be executed by the Borrower in connection with the execution of the CDBG Note, and, to the extent that they do so, the aforesaid regulations, handbooks, administrative requirements, lender notices, and documents shall control, and this document shall be amended so as not to alter or to conflict with the aforesaid regulations, handbooks, administrative requirements, lender notices, and documents. So long as there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project, (i) this Note may not be amended without the prior written consent of HUD and of the City of Eden Prairie or any successor holder of the CDBG mortgage on the Project, and (ii) it may not be sold, transferred, assigned, or pledged without the prior written approval of HUD. The debt evidenced by this Note may be prepaid in whole or in part at any time prior to the final maturity date of this Note. Prepayments may be made only with the prior written consent of HUD so long as there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project, and any unauthorized prepayments shall be held in trust for the Project and, upon HUD's request, shall be deposited with HUD or its designee. Demand, protest, and notice of demand and protest are hereby waived, and the undersigned hereby waives, to the extent authorized by law, any and all homestead and other exemption rights which otherwise would apply to the debt evidenced by this Note. The Borrower promises to pay all costs of collection, including but not limited to reasonable attorneys' fees, paid or incurred by the Lender on account of such collection. This Note shall be governed and construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, this Note has been duly executed by the undersigned as of the day and year first written above. BORROWER: LINCOLN PARC APARTMENTS, LLC, a Minnesota limited liability company By: Its: CITY COUNCIL AGENDA DATE: SECTION: Public Hearing January 20, 2015 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: IX.B. Janet Jeremiah, Community Adopt Resolution Approving Modified Tax Development Director Increment Financing Plan, District No. 17 and Molly Koivumaki, Manager, Second Amendment to Project Management Housing and Community Agreement Services Requested Action Move to: • Close the public hearing; and • Adopt the Resolution approving Modified Tax Increment Financing Plan, District No. 17 and Second Amendment to the Project Management Agreement Synopsis Tax Increment Financing District No. 17 was established in 2001 in order to provide 115 affordable housing units to seniors living at The Colony at Eden Prairie (formerly known as Rolling Hills Senior Housing) for a term of 10 years from the date of the first year of full tax increment. The City, the HRA, and the developer, SE Rolling Hills, LLC, have agreed to extend the term of the affordable units through the year 2028, or 25 years from when the first tax increment was collected from the district, which is the maximum allowed by statute. The Modified TIF Plan for District No. 17 increases the budget for the District to facilitate reimbursement of additional developer-incurred project costs associated with continuing to provide the affordable units for the full 25-year term. Background The Colony is a 142 unit/bed facility for the care of the elderly consisting of independent living units, assisted care units, and Alzheimer's/dementia care beds located on Prairie Center Drive just south of Eden Prairie Center. The project is part of Tax Increment Financing District No. 17 created in 2001 to help subsidize 20% of the total units for tenants with incomes below 50% of the median income for the metro area, and 60% of the total units for tenants with incomes below 110% of the median income for the metro area. Attachments Resolution TIF Plan Modification Second Amendment to Project Management Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015 - RESOLUTION APPROVING MODIFIED TAX INCREMENT FINANCING PLAN, DISTRICT NO. 17 AND SECOND AMENDMENT TO PROJECT MANAGEMENT AGREEMENT. BE IT RESOLVED by the City Council (the "Council") of the City of Eden Prairie, Minnesota(the"City"), as follows: Section 1. Recitals 1.01. The Board of Commissioners (the "Board") of the Eden Prairie Housing and Redevelopment Authority (the "HRA") has heretofore established Redevelopment Project No. 5 (the "Project Area") and adopted the Redevelopment Plan therefor. It has been proposed by the HRA that the City adopt a Modification to the Tax Increment Financing Plan (the "TIF Plan Modification") for the Tax Increment Financing District No. 17 (the "TIF District"), which is located the Project Area, all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 to 469.047, and Sections 469.174 to 469.1794, inclusive, as amended (the "Act"), all as reflected in the TIF Plan Modification and presented for the Council's consideration. 1.02. Tax increment from the TIF District has been used to pay for certain development costs and to provide affordable housing units at Rolling Hills Senior Housing/The Colony ("The Colony"). The TIF Plan Modification will allow the City and HRA to extend the term of the affordability of 115 units from 10 to 25 years. 1.03. The City and the HRA have investigated the facts relating to the TIF Plan Modification and have caused the TIF Plan Modification to be prepared. 1.04. The City and HRA have performed all actions required by law to be performed prior to the adoption and approval of the TIF Plan Modification, including, but not limited to, notification of Hennepin County and Independent School District No. 272, having taxing jurisdiction over the property to be included in the TIF District, and the holding of a public hearing upon published notice as required by law. 1.05. The City and HRA are not modifying the boundaries of the Project Area or the TIF District. Section 2. Findings for the TIF Plan Modification 2.01 The Council hereby reaffirms the original findings for the TIF District, namely that when the TIF District was established, Tax Increment Financing District No. 17 was established as a housing district. However, the City originally designated the TIF District as a "qualified housing district" under Section 469.174, subd. 29 of the Act. Legislation in 2008 repealed provisions related to qualified housing districts, effective retroactively to cover any district given that designation. Accordingly, the TIF District is no longer a "qualified housing district," but remains subject to all laws that govern housing districts as defined in the Act. In accordance with the applicable state requirements for housing districts, at the time of TIF District creation, a minimum of 29 units in The Colony are required to be occupied by individuals at or below 50% of the area median income. 2.02 It is found and determined, and it is the reasoned opinion of the City, that: (i) The proposed redevelopment described in the TIF Plan Modification would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. The major purpose of the TIF Plan Modification is to extend the term of affordable housing units within The Colony. Historically, affordable housing has not occurred in the City without significant public assistance because of high land and construction costs and lower revenues produced by affordable rents or sale prices. The use of tax increment resources from the TIF District will offer opportunities for the private developer to continue to incorporate affordable housing in The Colony. By reimbursing the developer for the eligible costs of The Colony, the City will be able to extend the term of affordability on 115 units by an additional 15 years. The Developer has represented to the City the extension of the affordable units would not occur without the TIF Plan Modification. (ii) The TIF Plan Modification conforms to the general plan for the redevelopment of the City as a whole. The City's Comprehensive Guide Plan ("Guide Plan") guides the property as High Density Residential. High Density Residential calls for 10 to 40 residential units per acre. The Guide Plan calls for the development of housing units for seniors appropriate for the physical and mental changes they experience. The Guide Plan also encourages housing that will permit seniors to live independently and affordably. The Colony is a high density residential development that complies with the City's Guide Plan and general goals of providing safe and affordable housing for its citizens. The Community Development Director advises and the Council finds that the development is compatible with the City's zoning ordinances and other related regulations and encourages efficient use of existing infrastructure as set forth in the City's Guide Plan. (iii) The Tax Increment Plan Modification will afford maximum opportunity, consistent with the sound needs of the City as a whole,for the redevelopment of the Project by private enterprise. The City has promoted affordable rental and owner-occupied housing for several years. The tax increment from the TIF District will be used to encourage the private market to offer affordable senior housing choices and ensure that affordability is maintained over an extended period of time, and promote development that links housing with transportation corridors and services. Through the implementation of the TIF Plan, the City will increase the availability of low and moderate income housing opportunities in the City. 2.03 As required by Section 469.176, Subdivision 4d, it is expected that all of the tax increment to be derived from the District will be used to finance eligible costs of the low and moderate income housing project, including the cost of public improvements directly related thereto and allowable administration expenses of the Redevelopment Project. Section 3. Public Purpose 2 3.01. The adoption of the TIF Plan Modification conforms in all respects to the requirements of the Act and will help fulfill a need to provide housing opportunities affordable to persons of low and moderate income and improve the tax base. These public purposes and benefits exceed any benefits expected to be received by private developers, who will receive assistance only in the amount needed to make the provision of affordable housing financially feasible. Section 4. Approval and Adoption of the TIF Plan Modification 4.01. The TIF Plan Modification is hereby approved, and shall be placed on file in the office of the City Clerk. 4.02. City staff is authorized to file the TIF Plan Modification with the Commissioner of Revenue, the Office of the State Auditor and the Hennepin County Auditor. 4.03. City staff, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the TIF Plan Modification and for this purpose to negotiate, draft, prepare and present to this Council for its consideration all further modifications, resolutions, documents and contracts necessary for this purpose. Section 5. Approval of Second Amendment to Project Management Agreement 5.01. The City and SE Rolling Hills, LLC (the "Developer") are parties to that certain Project Management Agreement dated June 5, 2001, as amended (the "Project Management Agreement") which requires the Developer to provide affordable housing units for 10 years from the date of receipt of the first full tax increment. The City and the Developer have caused to be prepared the Second Amendment to the Project Management Agreement, which reflects the TIF Plan Modification and extends the terms of the affordability of 115 units from 10 to 25 years, or until December 31, 2028. 5.02. The Second Amendment to the Project Management Agreement is hereby approved. The Mayor and City Manager are hereby authorized to execute the Second Amendment to the Project Management Agreement and such other documents and certificates as may be necessary to give effect to the transaction herein contemplated. Section 6. Additional Approvals 6.01 The Approval hereby given to the TIF Plan Modification and the Second Amendment to Project Management Agreement includes approval and the execution by the appropriate officers of the City of such additional documents necessary to fulfill the objectives contemplated hereby. ADOPTED by the Eden Prairie City Council this 20th day of January, 2015. 3 Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk 4 City of Eden Prairie, Ni nnesota Housing and Redevelopment Authority in and for the City of Eden Prairie Modification to Tax Increment Financing Plan for Tax Increment Financing (Qualified Housing) District No. 17 (Rolling Hills/Colony Senior Housing Campus) Originally Adopted: March 20, 2001 Last Amendment Dated: April 17, 2007 Draft Modification Dated: January 15, 2015 Public Hearing Scheduled: January 20, 2015 Anticipated Approval: January 20, 2015 Prepared by: SPRINGSTED INCORPORATED 380 Jackson Street, Suite 300 St. Paul, NN 55101-2887 (651)223-3000 VIA/IA/V.SPRINGSTED.G W INTRODUCTION The purpose of the proposed Amendment to the Tax Increment Financing(l1F)Plan for Tax Increment Financing Distract No. 17 is to increase the budget in order to facilitate reimbursement of additional developer-incurred project costs associated with continuing to provide affordable housing within the City of Eden Prairie pursuant to an extension of the Project Management Agreement for the 11F District. The Authority reserves the right to use tax increment for all liF eligible costs of the distract, induding related administrative expen.,cs. The sections of the Amendment to the 11F Plan specifically being altered include Section F: Duration of the 11F District; Section K Estimated Public Costs; Section L: Estimated Sources of Revenue; Section M: Estimated Amount of Bonded Indebtedness; Section 0: 0iginal Tax Capadty Rate; Section P: Projected Retained Captured Net Tax Capacity and Projected Tax Increment and Section V: Estimated Impact on Other Taxing Jurisdictions. This modification is not intended to reflect all changes that have occurred statutorily or to the project since the original Plan was approved. TABLE OF CONTENTS Section Page(s) F Duration of the ll F District 1 K Estimated Public Costs 1 L Estimated Sources of Revenue 1 M Estimated Amount of Bonded Indebtedness 2 0 Original Tax Capacity Rate 2 P Projected Retained Captured Net Tax Capacity and Projected Tax Increment 2 V Estimated Impact on other Jurisdictions 2 X Development(Project Management)Agreements 3 Assumptions Report EXHIBIT I Projected Tax Increment Report EXHIBIT II Estimated Additional Impact on Other Taxing Jurisdictions Report EXHIBIT III Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota Section F Duration of the TIF District Housing districts may remain in existence 25 years from the date of receipt by the Authority of the first tax increment. Modifications of this plan(see Section Z)shall not extend these limitations. The Authority anticipates that the District will remain in existence the maximum duration allowed by law(projected to be through the year 2028). The purpose of this rrudification is to increase the estimated public costs and sources of revenue in anticipation of an extension to the Project Management Agreement that will allow for the collection and spending of tax increments through the maximum duration allowed (see Section P). Honever the Authority will decertify the 11F District as early as possible should the projected increment be received in a shorter time period than originally projected. Al tax increments from taxes payable in the year the 11 F District is decertified shall be paid to the Authority. Section K Estimated Public Costs The estimated public costs of the 11F District are listed below. Such costs are eligible for reimbursement from tax increments of the 11F District. Original Budget Administrative Proposed March 20,2001 A r�endment Modification April 17,2007 (January 20,2015) Land/Building acquisition $2,165,000 $2,048,920 $2,048,920 Site Improvements/preparation costs 540,000 512,230 512,230 Installation of public utilities Other(eligible 11F pooling activities) 394,965 790,570 Other Qualified Housing Improvements 3,956,037 Loan/note interest payments _ Administrative expen:c 295,000 43,885 87,840 Total $3,000,000 $3,000,000 $7,395,597 The Authority reserves the right to administratively adjust the amount of any of the items listed above or to incorporate additional eligible items, so long as the total estimated public cost is not increased. Section L Estimated Sources of Revenue Administrative Original Budget Proposed Modification March 20, 2001 April 17,2007 (January 20,2015) Tax Increrrent revenue $2,942,833 $2,892,833 $7,345,597 Interest on invested funds 50,000 50,000 Bond/Nott/ a proceeds Real estate sales Other Total $2,942,833 $2,942,833 $7,395,597 The Authority anticipates providing additional financial assistance to affordable housing projects on a pay-as-you-go basis. Under the pay-as-you-go scenario,future tax increments received from the property within the TlF District are distributed to the developer/owner as reimbursement for public mists incurred(see Section K). SPRINGSTED Page 1 Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota The Authority reserves the right to finance any or all public costs of the 11F District using pay-as-you-go assistance, internal funding, general obligation or revenue debt, or any other finandng mechanism authorized by law. The City also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs induding, but not limited to, special assessments, utility revenues,federal or state funds,and investment income. Section M Estimated Amount of Bonded Indebtedness The Authority does not antidpate issuing tax increment bonds to finance the estimated public costs of the 11F District. However it reserves the right to issue an amount that would not exceed$7,395,597. Section 0 Original Tax Capacity Rate Upon creation of the TIF District the County Auditor certified the original tax capacity rate of the TIF District and is the sum of all local tax rates that apply to property in the 71F District. This rate shall be for the same taxes payable year as the original net tax capacity and is 118.198%. The amount of tax increment generated by the T1F District will be calculated using the lesser of(a)the sum of the current local tax rates at that time or(b)the original (frozen') tax capacity rate of the Tl F District. The proposed local tax rates that apply to property in the T1F District,for taxes levied in 2014 and payable in 2015 is 113.591%as shown below. This amount is less than the frozen rate of 118.198°/g therefore the projections assume this tax rate shall apply for the remaining term of the District. Proposed 2014/2015 Jurisdiction Local Tax Rate City of Eden Prairie 33.706% Hennepin County 46.648% ISD#272 21.958% Other 11.279% Total 113.591% Section P Projected Retained Captured Net Tax Capacity and Projected Tax Increment Each year the County Auditor shall determine the current net tax capadty of all property in the TTF District. To the extent that this total exceeds the original net tax capacity, the difference shall be known as the captured net tax capadty of the Tl F District. The County Auditor shall certify to the City the amount of captured net tax capadty each year. The City may choose to retain any or all of this amount. It is the City's intention to retain 100%of the captured net tax capadty of the TTF District. Such amount shall be known as the retained captured net tax capadty of the T1F District. Exhibit I gives a listing of the various information and assumptions used in preparing a number of the exhibits contained in this 71F Plan, induding Exhibit I which shows the projected tax increment generated over the remaining life of the TTF District. Section V Estimated Impact on Other Taxing Jurisdictions Exhibit III shows the estimated impact on other taxing jurisdictions if the maximum projected retained captured net tax capadty of the TIF District was hypothetically available to the other taxing jurisdictions. The City believes that there will be no adverse impact on other taxing jurisdictions during the life of the 71F District, since the development would not have occurred without the establishment of the 71F District and the provision of public assistance. A positive SPRINGSTED Page 2 Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota impact on other taxing jurisdictions will occur when the TTF District is decertified and the development therein becomes part of the general tax base. The fiscal and economic implications of the proposed tax increment financing district, as pursuant to Mnnesota Statutes, Section 4-69.175, Subdivision 2, are listed below. 1. The total amount of tax increment that will be generated over the life of the district is estimated to be $7,422,316. $4,411,477 is estimated to be the additional amount attributable to the modification. 2. To the extent the project in the proposed llF District No. 17 generates any public cost impacts on city- provided services such as police and fire protection, public infrastructure, and borrowing costs attributable to the district, such costs will be levied upon the taxable net tax capacity of the City, exduding that portion captured by the District. The Oty does not anticipate issuing general obligation tax increment bonds to finance a portion of the costs attributable to the District, but reserves the right to finance project costs in this manner. 3. The amount of tax increments over the remaining life of the district that would be attributable to school district levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same, is estimated to be$852,772 is estimated to be the additional amount attributable to the modification. This amount is resulting from the modification to increase the estimated project costs financed by tax increment revenues of the District. 4. The amount of tax increments over the remaining life of the district that would be attributable to county levies, assuming the countsls share of the total local tax rate for all taxing jurisdictions remained the same is estimated to be$1,811,645 is estimated to be the additional amount attributable to the modification. This amount is resulting from the modification to increase the estimated project crests financed by tax increment revenues of the District. 5. No additional information has been requested by the county or school district that would enable it to determine additional costs that will accrue to it due to the development proposed for the district. To our knowledge neither entity has adopted standard questions in a written policy on information requested for fiscal and economic implications. Section X Development(Project Management)Agreements If within a project containing a housing district, more than 25%of the acreage of the property to be acquired by the Oty is purchased with tax increment bonds proceeds(to which tax increment from the property is pledged),then prior to such acquisition, the City must enter into an agreement for the development of the property. Such agreement must provide recourse for the Oty should the development not be completed. The Authority antidpates entering into an extension of the existing Project Management Agreement to allow for reimbursement of additional eligible costs associated with maintaining the project and providing affordable housing; hou\ever the Authority does not anticipate acquiring any property located within the TTF District. SPRINGSTED Page 3 Exhibit I Assumptions Report City of Eden Prairie, Minnesota Modification to Tax Increment Financing (Housing) District No. 17 Projections 2015 -2028 (Rolling Hills Housing Project) Type of Tax Increment Financing District Housing Maximum Duration of TIF District 25 years from 1st increment Projected Certification Request Date 06/30/14 Decertification Date 12/31/28 (14 Years of Increment) Original Net Tax Capacity $39,380 2014/2015 2015/2016 2016/2017 2017/2018 Base Estimated Market Value $1,605,000 $1,605,000 $1,605,000 $1,605,000 Estimated Increase in Value- New Construction 19,160,000 19,782,950 20,424,589 21,085,476 Total Estimated Market Value 20,765,000 21,387,950 22,029,589 22,690,476 Total Net Tax Capacity $259,563 $267,349 $275,370 $283,631 Frozen Tax Rate Proposed Pay 15 City of Eden Prairie 27.15% 33.706% Hennepin County 37.62% 46.648% ISD #272 48.23% 21.958% Other 5.20% 11.279% Local Tax Capacity Rate 118.198% 113.591% Fiscal Disparities Contribution From TIF District NA Administrative Retainage Percent(maximum = 10%) 10.00% Pooling Percent 0.00% Note (Pay-As-You-Go) Note Dated 06/30/15 Note Rate 0.00% Note Amount $3,956,037 SPRINGSTED Page 4 Exhibit 11 Projected Tax Increment Report City of Eden Prairie,Minnesota Modification to Tax Increment Financing(Housing)District No.17 Projections 2015-2028(Rolling Hills Housing Project) Less: Retained Times: Less: Less: Less: Annual Total Total Original Captured Tax Annual State Aud. Subtotal TIF Admin. Annual Period Market Net Tax Net Tax Net Tax Capacity Gross Tax Deduction Gross Tax Pooling Retainage Net Ending Value Capacity Capacity Capacity Rate Increment 0.360% Increment 9.00% 1.00% Revenue (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) 12/31/15 20,765,000 259,563 39,380 220,183 113.591% 250,108 900 249,208 22,429 2,492 224,287 12/31/16 21,387,950 267,349 39,380 227,969 113.591% 258,953 932 258,021 23,222 2,580 232,219 12/31/17 22,029,589 275,370 39,380 235,990 113.591% 268,063 965 267,098 24,039 2,671 240,388 12/31/18 22,690,476 283,631 39,380 244,251 113.591% 277,447 999 276,448 24,880 2,764 248,804 12/31/19 23,371,190 292,140 39,380 252,760 113.591% 287,112 1,034 286,078 25,747 2,861 257,470 12/31/20 24,072,326 300,904 39,380 261,524 113.591% 297,068 1,069 295,999 26,640 2,960 266,399 12/31/21 24,794,496 309,931 39,380 270,551 113.591% 307,322 1,106 306,216 27,559 3,062 275,595 12/31/22 25,538,331 319,229 39,380 279,849 113.591% 317,883 1,144 316,739 28,507 3,167 285,065 12/31/23 26,304,481 328,806 39,380 289,426 113.591% 328,762 1,184 327,578 29,482 3,276 294,820 12/31/24 27,093,615 338,670 39,380 299,290 113.591% 339,967 1,224 338,743 30,487 3,387 304,869 12/31/25 27,906,424 348,830 39,380 309,450 113.591% 351,508 1,265 350,243 31,522 3,502 315,219 12/31/26 28,743,616 359,295 39,380 319,915 113.591% 363,395 1,308 362,087 32,588 3,621 325,878 12/31/27 29,605,925 370,074 39,380 330,694 113.591% 375,639 1,352 374,287 33,686 3,743 336,858 12/31/28 30,494,103 381,176 39,380 341,796 113.591% 388,250 1,398 386,852 34,817 3,869 348,166 $4,411,477 $15,880 $4,395,597 $395,605 $43,955 $3,956,037 SPRINGSTED Page 5 Exhibit III Estimated Additional Impact on Other Taxing Jurisdictions Report City of Eden Prairie,Minnesota Modification to Tax Increment Financing(Housing)District No.17 Projections 2015-2028(Rolling Hills Housing Project) Without Project or TIF District With Project and TIF District Proposed Proposed Projected Hypothetical 2014/2015 2014/2015 Retained New Hypothetical Hypothetical Tax Generated Taxable 2014/2015 Taxable Captured Taxable Adjusted Decrease In by Retained Taxing Net Tax Local Net Tax Net Tax Net Tax Local Local Captured Jurisdiction Capacity(1) Tax Rate Capacity(1) + Capacity = Capacity Tax Rate(*) Tax Rate(*) N.T.C.(*) City of Eden Prairie 92,812,593 33.706% 92,812,593 $341,796 93,154,389 33.582% 0.124% 114,783 Hennepin County 1,356,052,834 46.648% 1,356,052,834 341,796 1,356,394,630 46.636% 0.012% 159,401 ISD#272 88,076,231 21.958% 88,076,231 341,796 88,418,027 21.873% 0.085% 74,762 Other(2) --- 11.279% --- 341,796 --- 11.279% --- --- Totals 113.591% 113.371% 0.220% * Statement 1: If the projected Retained Captured Net Tax Capacity of the TIF District was hypothetically available to each of the taxing jurisdictions above,the result would be a lower local tax rate(see Hypothetical Adjusted Tax Rate above) which would produce the same amount of taxes for each taxing jurisdiction. In such a case,the total local tax rate would decrease by 0.220%(see Hypothetical Decrease in Local Tax Rate above). The hypothetical tax that the Retained Captured Net Tax Capacity of the TIF District would generate is also shown above. Statement 2: Since the projected Retained Captured Net Tax Capacity of the TIF District is not available to the taxing jurisdictions, then there is no impact on taxes levied or local tax rates. (1) Taxable net tax capacity=total net tax capacity-captured TIF-fiscal disparity contribution, if applicable. (2) The impact on these taxing jurisdictions is negligible since they represent only 9.93%of the total tax rate. Page 6 (Space Above Reserved for Recording Information) SECOND AMENDMENT TO PROJECT MANAGEMENT AGREEMENT This SECOND AMENDMENT TO PROJECT MANAGEMENT AGREEMENT (this "Second Amendment") is effective as of this day of , 2015 by and between THE CITY OF EDEN PRAIRIE, a public body corporate and politic of the State of Minnesota (the "City") and SE ROLLING HILLS, LLC, a Delaware limited liability company ("Developer"). RECITALS WHEREAS, Developer is the fee Developer of certain real property known as The Colony at Eden Prairie located at 431 Prairie Center Drive in the City of Eden Prairie, Hennepin County, Minnesota, and legally described as Lots 1 and 2, Block 1, Rolling Hills Subdivision, Hennepin County, Minnesota(the"Project"); WHEREAS, City and Developer entered into that certain Project Management Agreement dated June 5, 2001 (the "Agreement"), as amended by that certain First Amendment to Project Management Agreement dated January 21, 2003 (the "First Amendment"); WHEREAS, City and Developer desire to further amend the Agreement to extend the term of the Agreement, including the required rent restrictions, until December 31, 2028. NOW, THEREFORE, in consideration the foregoing recitals and of the mutual covenants and agreements hereinafter set forth, it is agreed by and between Developer and the City as follows: 1. The Recitals are a part of this Second Amendment. All capitalized terms used herein shall have the meaning ascribed to them in the Agreement unless otherwise specifically defined herein. 2. Subsection 1.1 of the Agreement is hereby amended in its entirety to read as follows: 1.1 Rent Reductions: The amount by which the market rate rent for comparable units exceeds the rent amount actually received by the Developer for occupied Very Low Income Units and Moderate Income Units. 3. Subsection 1.5 of the Agreement is hereby amended in its entirety to read as follows: 1.5 Market Rate Units: Dwelling units which are not Very Low Income Units or Moderate Income Units. 4. Subsection 1.9 of the Agreement is hereby amended in its entirety to read as follows: 1.9 Term: a period of twenty-five (25) years beginning with the first year of full tax increment. The Term shall end on December 31, 2028. 5. For purposes of this Second Amendment, subsection 1.11 of the Agreement is hereby amended in its entirety to read as follows: 1.11 Total TIF Payments: The total of all TIF Payments received by the Developer from the City not to exceed $6,611,037. 6. For purposes of this Second Amendment, the following subsection 1.13 is hereby added to the Agreement: 1.13 Rent: The amount established as a monthly charge for occupancy in a dwelling unit. The term "rent" does not include charges for meals, health services, the pendant system, housekeeping, or social programs. 7. For purposes of this Second Amendment, the first and last sentences of subsection 3.4 of the Agreement are hereby amended to change the Total TIF Payment amount from $2,561,150 to $6,611,037. 8. Subsection 4.1.b of the Agreement is hereby amended in its entirety to read as follows: 4.1 Tenants. b. Developer shall provide Moderate Income Units as set forth in this subsection and subsection 4.2. Sixty percent(60%) of the dwelling units in the Project (86 units) shall be Moderate Income Units. The Developer shall require each Moderate Income Unit tenant to verify that the tenant's income does not exceed 110% of the area median gross income, and Developer shall provide such verification to the City on an annual basis. If the income of a Moderate Income Unit tenant does not exceed the applicable income limit upon commencement of such tenant's occupancy of a unit, the income of such tenant shall be deemed not to exceed the applicable income limit until such tenant's income for a year shall exceed one hundred and forty percent (140%) of the Median Income for the year. In the event that a tenant's income exceeds such income limit, the unit occupied by such tenant will become a Market Rate Unit and Developer shall provide the next available comparably sized Market Rate Unit as a Moderate Income Unit. Further, in such event Developer may require such tenant to pay the market rate rent for the tenant's Market Rate Unit. 9. Subsection 4.2.a of the Agreement is hereby amended in its entirety to read as follows: 4.2 Rents. a. Prospective annual rents are shown on Amended Exhibit B. Maximum rent for Very Low Income Units and Moderate Income Units shall be based on 1.5 persons per bedroom. 10. Subsection 4.3 of the Agreement is hereby amended in its entirety to read as follows: 4.3 Rent Roll. The Developer must submit for the City's review the Developer's initial and subsequent annual rent roll for Very Low Income Units and Moderate Income Units. The Developer shall submit the rent roll annually, on or before January 1 of each year, and the City shall, within 30 days of such submission, review and approve the rent for the Very Low Income Units and Moderate Income Units if the income of the tenants does not exceed the limits provided for in subsection 4.1 and the rents charged for the Very Low Income Units and Moderate Income Units are not in excess of the rent limits as set forth in subsection 4.2. Any rent roll submitted by the Developer shall be considered approved unless disapproved by the City within thirty (30) business days after submission. The City shall provide written reasons if any rent roll is disapproved. The Developer shall have sixty (60) days following receipt of any notice of disapproval to cure any objections the City has made in its notice of disapproval and to submit a revised rent roll to the City for review and approval as provided for in this Section. The Developer's failure to obtain the City's approval of revised rent rolls during such sixty (60) day cure period, unless such approval is unreasonably withheld by the City, shall constitute a default by the Developer. 11. Subsection 4.10 of the Agreement is hereby amended in its entirety to read as follows: 4.10 Rent Reduction a. The Developer will provide reduced rents for Very Low Income Units as described in subsection 4.2 until January 2, 2033, which is thirty years from the date of the issuance of a Certificate of Occupancy for the Project by the City of Eden Prairie. b. The Developer will provide reduced rents for Moderate Income Units as described in subsection 4.2 until either (1) the Termination of this Agreement; (2) the end of the Term; or (3) until all of the Tax Increment specified in subsection 3.4 is paid, whichever occurs first. 12. Exhibit B to the Agreement, the Prospective Initial Rent Roll, is deleted in its entirety and substituted with the attached Amended Exhibit B entitled Rent Roll. 13. The Agreement remains in full force and effect and is not modified except as expressly provided in this Second Amendment. The terms and conditions of this Second Amendment supersede the terms of the Agreement, and, should there be any conflict or inconsistency between this Second Amendment and the Agreement, the terms and conditions of this Second Amendment shall prevail. 14. Counterparts. This Second Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one instrument. IN WITNESS WHEREOF, the parties hereto have caused this SECOND AMENDMENT TO PROJECT MANAGEMENT AGREEMENT to be effective as of the day and year first written above. [signature pages to follow] DEVELOPER: SE ROLLING HILLS, LLC, a Delaware limited liability company By: Its: STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2015, by , the of SE ROLLING HILLS, LLC, a Delaware limited liability company, on behalf of the limited liability company. Notary Public THE CITY: THE CITY OF EDEN PRAIRIE, a public body corporate and politic of the State of Minnesota Nancy Tyra-Lukens Its Mayor Rick Getschow Its City Manager STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2015, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and City Manager on behalf of THE CITY OF EDEN PRAIRIE, a public body corporate and politic of the State of Minnesota, on behalf of the public body corporate and politic. Notary Public This instrument drafted by: Gregerson,Rosow,Johnson&Nilan,Ltd. 650 Third Avenue South Suite 1600 Minneapolis,MN 55402 (612)338-0755 Amended Exhibit B—Rent Roll THE COLONY AT EDEN PRAIRIE Affordable Housing Rents (not including services) ASSISTED LIVING Unit Type Square Ft. Total Units Resident Rent (1) Studio 400 to 425 4 1400 1 Bedroom 551 to 603 11 1500 1 Bedroom 753 to 816 33 1600 2 Bedroom 850 10 1700 2 Bedroom 753 to 1100 42 1800 Very Low Income Units 551 to 603 28 900 MEMORY CARE Unit Type Square Ft. Units Resident Rent (1) Studio 376 to 462 14 4000 (1) Resident Rent represents the approximate portion of rent attributable to housing costs not including services. This is the rent portion paid by Very Low and Moderate Income units and does not include market rate rents. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings January 20, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C. Community Development/ O'Reilly Auto Parts Store Planning Janet Jeremiah/Regina Rojas Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 0.83 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Review within the Community Commercial Zoning District on 0.83 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis The project is for a new 7,343 square foot retail auto parts store building. The design is compatible with the mix of single family residential, commercial and office uses within the immediate area and meets the intent of the Community Commercial zoning district character. The images on page 2 of the Planning Commission staff report show the architectural revisions made throughout the review process. The following PUD waivers are proposed: 1. Parking from 37 spaces to 33 parking spaces. 2. Front yard setback for the recycling and trash enclosure to 10 feet along Aztec Drive. City Code requires 35 feet. 3. Landscape planting islands to 4.4 percent in the parking area. City Code requires 5 percent landscaping in the parking areas. Previously approved waivers for lot size and lot dimensions limit the opportunity on the site without granting additional Planned Unit Development Waivers. A benefit of granting the waivers includes enhanced architectural details into the building design and extensive use of native prairie grasses and perennials along the site perimeter and building base which are not required by code, but enhance and improve the site overall. Background The 120-Day Review Period Expires on March 30, 2015 Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the project at the December 8, 2014 meeting. Attachments 1. Ordinance 2. Resolution 3. Staff Report 4. Location Map 5. Land Use Map 6. Zoning Map 7. Aerial photo 8. Planning Commission Minutes O'REILLY AUTO PARTS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2015-PUD- -2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Community Commercial Zoning District_-2015-PUD-_-2015 (hereinafter "PUD-_-2015- C-COM). Section 3. The City Council hereby makes the following findings: A. PUD- -2015-C-COM is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2015-C-COM is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2015-C-COM are justified by the design of the development described therein. D. PUD- -2015-C-COM is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of , 2015, entered into between O'Reilly Auto Enterprises, LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-_-2015-C-COM, and are hereby made a part hereof Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Community Commercial District and shall be included hereafter in the Planned Unit Development_-2015-C-COM, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of January 2015, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the day of , 2015. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2015. EXHIBIT A PUD Legal Description — Lot 2, Block 1, BP Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF O'REILLY AUTO PARTS FOR O'REILLY AUTO ENTERPRISES,LLC WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on December 8, 2014, on O'Reilly Auto Parts by O'Reilly Auto Enterprises, LLC and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on January 20, 2015. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. 8868 Aztec Drive,being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated December 23, 2014, 3. That the PUD Concept meets the recommendations of the Planning Commission dated December 8, 2014. ADOPTED by the City Council of the City of Eden Prairie this 20th day of January, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept Legal Description: Lot 2, Block 1 BP Addition STAFF REPORT TO: Planning Commission FROM: Regina Rojas, Senior Planner DATE: December 5, 2014 PROJECT: O'Reilly Auto Parts Store LOCATION: 8868 Aztec Drive APPLICANT: CM Architecture OWNER: Croix Oil Company 120 DAY REVIEW: Expires March 31, 2015 REQUEST: 1. Planned Unit Development Concept Review on 0.83 acres 2. Planned Unit Development District Review with waivers on 0.83 acres 3. Zoning District Review in the Community Commercial Zoning District on 0.83 acres 4. Site Plan Review on 0.83 acres BACKGROUND The Comprehensive Guide Plan shows the 0.83 acre property for Community Commercial land use. Surrounding land uses consist of Community Commercial,Neighborhood Commercial and Office. The property is zoned Community Commercial. The site was platted in 2002. Planned Unit Development waivers were granted for the lot size from 5 acres to 0.83 acres and lot dimensions from 300 feet for width and depth to 193 feet wide and 238 feet deep. Previous approvals include an Eden Prairie Auto Center in 2002 and a Dairy Queen in 2004. Both projects were never built. SITE PLAN The project is a 7,343 square foot auto parts store retail building. The site has a base area/floor area ratio of 0.20. City code permits up to a 0.20 base area ratio and a 0.20 floor area ratio for a single story building in the Community Commercial zoning district. The proposed plan shows 33 parking spaces. City Code requires 37 parking spaces. A PUD waiver is requested. Staff Report—O'Reilly Auto Parts Store December 5, 2014 Page 2 The maximum driveway width is 30 wide at the curb line. The plan does not meet this requirement and should be revised prior to City Council. ARCHITECTURE The building exceeds the exterior building material standards for the Community Commercial zoning district on all sides of the building. Enhanced architectural features include a pitched roof (mansard),pilasters extending between 6 inches and 24 inches, varying materials of brick, glass, cast stone, EIFS, and decorative awnings and lighting. The building architecture and design has changed significantly since the initial submittal on October 2, 2014. The black and white image shows the original submittal. The color image represents the current proposal. The applicant worked with staff and after a series of revisions the applicant provided a design that is compatible with the mix of single family residential, commercial and office in uses within the immediate area and meets the intent of the Community Commercial character. O O ❑ Y is %ir; f' 111 111: Y^ v i yam. .... x, MME !■■1■n;j L ilVr I 1�`i (jinn ELEVATION (7] [Mta= ,.I o ❑f WEST ELEVATION i 4'..,. r_ i "fay (11 mini ELEVATION 3 i SOUTH ELEVATION ® L -...g ; ice. 1 n _... 1 �K :J o - I LYW1ilial 1. - EAS EAST ELEVATION EAST.ELEVATION.ELEVATION 0 T p • •s 17 Mil LIMN 171 ial i i ! 1 i M"L14.. d s \ 4 NORTH ELEVATION 4 RolmELEVATION `� =I d• Staff Report—O'Reilly Auto Parts Store December 5, 2014 Page 3 PLANNED UNIT DEVELOPMENT WAIVERS The following PUD waivers are proposed: 1. Parking from 37 spaces to 33 parking spaces. City Code requires 5 parking stalls for every 1,000 square feet of gross floor area of a building this size. The applicant is providing a bicycle rack near the entrance of the building to support alternative transportation options. Additional parking spaces could be added in the area defined as loading area if the use changes. 2. Front yard setback for the recycling and trash enclosure to 10 feet along Aztec Drive. City Code requires 35 feet. The applicant is proposing a decorative brick enclosure surrounding the recycling and trash enclosure. Additionally, the front yard will include dense evergreen landscaping to provide screening from Aztec Drive and neighboring properties. 3. Landscape planting islands to 4.4 percent in the parking area. City Code requires 5 percent landscaping in the parking areas. Additional landscaping could be added, but a parking space would have to be removed. Previous approved waivers for lot size and lot dimensions limit the opportunity for the site without grating additional Planned Unit Development Waivers. A benefit of granting the waivers includes enhanced architectural details into the building design and extensive use of native prairie grasses and perennials along the site perimeter and building base which are not required by code, but enhance the site. TREE REPLACEMENT AND LANDSCAPING There are 54 caliper inches of significant trees on the property. Tree loss is 24 inches, resulting in 14.2 caliper inches of tree replacement. The landscaping requirement is 23 caliper inches based on the building size. A total of 37.5 caliper inches of landscaping and tree replacement are provided meeting code. GRADING AND DRAINAGE An underground Stormtech system is planned located in the north portion of the property in addition to a rainwater garden along the south property lines to collect and treat stormwater. Staff Report—O'Reilly Auto Parts Store December 5, 2014 Page 4 UTILITIES The plans should be revised to include a 6" diameter sewer and water service. The service lines on the property shall be placed outside of the trash enclosure structure. A fire hydrant will be required within the site for fire protection. The plans should be revised prior to City Council. SIGNS The proposed wall and free standing signs meet city code. All sign permits will require review and approval through the sign permit process. SITE LIGHTING The photometric plan meets City requirements. STAFF RECOMMENDATIONS Recommend approval of the following request: 1. Planned Unit Development Concept Review on 0.83 acres 2. Planned Unit Development District Review with waivers on 0.83 acres 3. Zoning District Review in the Community Commercial Zoning District on 0.83 acres 4. Site Plan Review on 0.83 acres This is based on plans stamp dated November 18, 2014 and the following conditions: 1. Prior to City Council Review, the proponent shall: A. Revise the plan so the maximum driveway width is 30 wide from back of curb to back of curb. B. Revise plan to include a fire hydrant on site for fire protection. C. Revise plans to include a 6" diameter sewer and water service. The service lines on the property shall be placed outside of the trash enclosure structure. 2. Prior to building permit issuance for the property, the proponent shall: A. Provide a tree replacement/landscaping surety equivalent to 150% of the cost of the landscaping plan for 37.5 caliper inches for review and approval. 3. The following waivers have been granted through the PUD District Review for the property: A. Parking from 37 spaces to 33 parking spaces. City Code requires 5 parking stalls Staff Report—O'Reilly Auto Parts Store December 5, 2014 Page 5 for every 1,000 square feet of gross floor area of a building this size. B. Front yard setback for the recycling and trash enclosure to 10 feet along Aztec Drive. City Code requires 35 feet. C. Landscape planting islands to 4.4 percent in the parking area. City Code requires 5 percent landscaping in the parking areas. 4. All signage shall require review and approval of a sign permit. Area Location Map - O'Reilly Auto Parts Address: 8868 Aztec Drive Eden Prairie, Minnesota 55347 U ? ,(-) /c, ti\/ 7 T/ M AG /q ..._____-7. 7. / RTGoLD ,„ I RIC IU ID ` .. A - 4# \ RD �, E�-L wl _w .,„..,_ _., „ ak ,_ , p.\›,\-0; ill i.„,/*Im 'ir 1° _. 164TA II Ilke sip Andersonipn Lakes Parkway L • ' sib* \i" All\ >4%ft IMO 44111 4 4/ 00 .@/ * a-- A INF w7/4x w 47 ,_ ,-- 1 E 6 Flying Cloud Drive I — • ,0*4 •• v Vias ./,, Id ....4 \ 1 1 1 1 ..... 7-1 L : Auk I AV5 42) Aztec Drive _ ► • J JIMRNF Rn j) / ' 7 O um I ♦ LHAVRflWF I i %/10%</k.: 0 s 1,080 F•,et Guide Plan Map -O'Reilly Auto Parts Store 8868 Aztec Drive, Eden Prairie, MN 55347 A Op I 9 I I I I I I I I 11W....ogin Erl f r - I • �'L N Ili ' oo 711: ,‘ 71:1 �vP • � \ Anderson Lakes Parkway Ate "M''' '-' iip ,. _ Jr,, A A C— i MIIII � .l 1 \� ir EEL J 4 . ar II Mr i ilk 01 lios Will c..)-s ap o ----.kJ .4 c)- Flying Cloud Drive _I�1 Q Aztec Drive jvT A*4 N. li //__ ARN Fl RD -----C City of Eden PrairieoLand Use t ulird.Ti ,li . I Plan Map 2000_202 MIMI A Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre nip Community Commercial Streams 17.7 Low Density/Public/Open Space - Regional Commercial -Principal Arterial -A Minor Arterial - Medium Density residential 2.5-10 Units/Acre Ea Town Center Ai —B Minor Arterial � '1 DATE Approved 03-19-03 DATE Revised 12-06-06 n Medium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05 DATE Revised 06-01-07 E D E N I High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 Minor Collector DATE Revised 03-23-06 DATE Revised 03-01-08 nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y// Office/Industrial Open Water LIVE WORK DREAM f� Office/Public/Open Space Right-Of-Way 390 195 M 0ogamm�Me mo1.m_o.„®o�..o.a„ o. MBopµ 390 Feet - Industrial Zoning Map - O'Reilly Auto Parts Store 8868 Aztec Drive, Eden Prairie, MN 55347 Et ,, 4 ,\.• r ,iiini 1, ,_ ip Anderson Lakes Parkway All Pall .... III! - 4 / ,,,,--- / SITE %.Alli:// -- 0 . 110 G� Flying Cloud Drive • r9/ O\ r Aztec Drive [—,__Til / Q`Q Id4 ��li C ■ J II f)ARNFI Rn O Illimilli ,--- .I C. L_ } LL A VARD AVE__ alL11"---) 1 _.,*_____ f Eden Prairie Wing Map =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. MITC-MU I GD I General Development Waters(Creeks Only) �'I - I I,!. �� R1-9.5 One Family-9,500 sf min. -Industrial Park-2Acre Min, ® 100- Year Floodplain EDEN RM-6.5 Multi-Family-6.7 U.P.A.max. ^Industrial Park-5Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max.-General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Neighborhood Commercial 1-1 GolfCourse Date:March 1,2009 Community Commercial Water In case of discrepancy related to a toning classitmaaon on this zoning map,the Ordinance LIVE•WOAK•DAEAM and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial I Right of Way -Regional Service Commercial 0 0,075 0.15 Miles .wau_...m..=m._..®..g..o.a.,a ,,,...,,ari,m ,..,,mo, Aerial Map - O'Reilly Auto Parts Address: 8868 Aztec Drive Eden Prairie, Minnesota 55347 ii ,.....„.!_____wri alw...___w , _ Iri , ...44 i i!, )..., ,, . 4 4 '0 di It ikb4 II - '- mly411.1.011111 WA 01114 44. • - • a R .. 2. . .0 . mftiegifii.\ , or , .., ii • ,, ,._ - , p 4.4 ._ 4z a. ,,;, Anderson Lakes Parkway dit Alit A pi** Irt ',- , SITE ., illbt as r Ilk ....„8 1, q oeiti ijon 11%,0 pr A 4110 a 'Ik I i.. .+ 4 Lei= AlhillIk A. 4 1 i: ` m4, , l CO a O ■EI .111 ,,', �' Flying Cloud Drive 0 im AID I ,may _ ,o 1, 11 AN-l 'ai ,-_,_'1. _, 11,,aI-:, g..-tiI7._-. z--e., ? ) Aztec Drive - IIII - z- t - •4iiiii1I1 t „, _ plirai\ 4111111111 . 1=1.19 °�c 111.11.161 ri,:ln %. -- _---- ♦ y 9 z_ _.--■-. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,DECEMBER. 8, 2014 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Jon Stoltz, Travis Wuttke, Steven Frank, Ann Higgins, Mary Egan, Charles Weber, Andrew Pieper STAFF MEMBERS: Julie Klima, City Planner Stu Fox, Manager of Parks and Natural Resources Rod Rue, City Engineer Regina Rojas, Senior Planner Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Egan, Kirk and Pieper were absent. II. APPROVAL OF AGENDA MOTION by Frank, seconded by Higgins, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON OCT. 27, 2014 Higgins had a revision on page 4, first sentence. She would like the words, "is less" changed to "are fewer". MOTION by Wuttke, seconded by Frank, to approve the minutes as amended. Motion carried 5-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS December 8, 2014 Page 2 A. O'REILLY AUTO PARTS STORE by C.M. Architecture, P.A. Location: 8868 Aztec Drive Request For: • Planned Unit Development Concept Review on .83 acres. • Planned Unit Development District Review with waivers on .83 acres • Zoning District Review in the Community Commercial Zoning District on .83 acres • Site Plan Review on .83 acres Ben Ptacek, representing C.M. Architecture, P.A., presented the proposal. Accompanying him from the firm was Tracy Borchoert. Mr. Ptacek pointed out the site of this proposal is located off of Aztec Drive, south of Anderson Lakes Parkway. The building is located next to a gas station and a car wash. He stated their proposal is to have the building entrance off of Aztec Drive. Parking will be on the side of the building and the loading area will be at the rear of the building. They are proposing landscaping throughout the site with dense Conifer trees and vegetation to act as a screen. They will also have many deciduous trees and various flowering plantings on site. There will be a rain garden on the south side of the property that will also have a variety of plantings. Mr. Ptacek said in regards to the building, they will have a pitched roof and gables, metal awnings and brick with high level detail in three different colors. There will also be pilasters around the building to provide additional definition. Mr. Ptacek said they are asking for three different waivers. The first is to reduce the parking stalls from 37 to 33. They can only fit in that many on the site. The site will also incorporate a bike rack. The second waiver is a front yard setback for the recycling and trash enclosure to 10 feet along Aztec Drive. City Code requires 35 feet. The third waiver is to have landscape planting islands to 4.4 percent in the parking area. The City Code requires planting islands to occupy 5% of the parking areas. Chair Stoltz asked Klima to review the staff report. Klima said the Staff had the opportunity to work with the project proponent. On page 2 of the staff report there are renditions to the original proposal submitted and the correct proposal after working with the proponent. There are 3 PUD waivers and staff does support them. Wuttke asked what percent of people bike to get auto parts. Klima said the inclusion of a bike rack was a suggestion from City Staff to support multi-modal transportation opportunities and pointed out the rack will not take up any additional vehicle parking spots. Chair Stoltz opened the meeting up for public input. There was no input. MOTION by Higgins, seconded by Weber, to close the public hearing. Motion carried 5-0. December 8, 2014 Page 3 MOTION by Higgins, seconded by Frank, to recommend approval of the Planned Unit Development Concept Review on .83 acres, Planned Unit Development District Review with waivers on .83 acres, Zoning District Review in the Community Commercial Zoning District on .83 acres and Site Plan Review on .83 acres based on plans stamped dated November 18, 2014 and the staff report dated December 5, 2014. Motion carried 5-0. VII. PLANNERS' REPORT A. Transit Oriented Development (TOD) Ordinance Update Presented by Consultant HKGi and City Staff Brad Scheib, of HKGi,presented the ordinance update. He said they are here tonight to look for feedback from the Commission. Mr. Scheib presented a PowerPoint presentation to highlight a few new things since the last time they were before the Commission. He stated the goals and objectives have remained the same; they want to achieve a place that is vital and sustainable. This is the final draft form. Mr. Scheib said there are four specific questions they are looking for feedback on. The questions are as follows: 1. On page 10,under Permitted Uses-TOD-E District, there lists a number of specific light industrial uses. What kinds of light industrial uses are desired/appropriate in this district? Are there other uses that should or should not be included in this list? 2. On page 10,under permitted Uses-TOD-E District, this includes "Neighborhood Commercial: as a permitted use, but does not allow "Community Commercial". Limiting commercial development to smaller scale retail (10,000 sq. ft. max or 25,000 sq. ft. for groceries)will help to maintain a more compact scale of development while still allowing for a range of retail and services to support employment uses. Do you agree that this is the appropriate scale of commercial development for the TOD-E District? Keep in mind the TOD districts would only be applied within the 10 minute walkshed around the transit stations and not farther out. 3. In the table on pate 16,under Frontage Standards—TOD-E District, letter (L) defines a minimum of 60% for street level frontage transparency. This is the same standard applied to the TOD Mixed use District where a more active street level environment is desired. A question to consider is if the 60% minimum threshold should be the same in the TOD-E District. December 8, 2014 Page 4 4. On page 14, subd. 7.0 describes the open space forms that meet the requirements for"usable open space". Does usable open space have to be publicly accessible? Regina Rojas said the final steps to this ordinance update would be the following: 1. Public Outreach—meetings with each specific station area to present the ordinance and impact opportunities. 2. Official Public Review Process 3. Formal Adoption of the TOD Ordinance. Chair Stoltz asked for comments in regards to question 1. Frank said he wrote down corporate research and development and miscellaneous retail. Wuttke said he likes the research and development aspect. The project consultant also commented to keep in mind this ordinance is proposed, and an important aspect is to keep it open and once it is adopted it can be revisited or modified at any time. Chair Stoltz asked how often this ordinance should be revisited. Mr. Scheib said it would be up to City Staff. When the development community requests waivers or variances on the property that would be an indicator to revisit the ordinance. Klima said when Staff is seeing recurring themes, they will take a harder look at the ordinance. Chair Stoltz asked for comments in regards to question 2. Wuttke said the TOD-E is supposed to be employment and commented if we limit ourselves it does not allow for an increase base of commercial use. Frank said it would be beneficial to be more specific in the three zoning differences. Klima said these TOD areas are only supposed to be a 10 minute walkshed from the station. Chair Stoltz asked for comments in regards to question 3. Frank asked what are the positives and negatives of frontage standards—minimum 60% street level transparency. The project proponent said if a store comes in and does not want to put windows in the front, as they want to utilize the space, then it can be a transparency option. It gives people walking a safer feeling. Chair Stoltz asked for comments in regards to question 4; do open spaces have to be publically accessible. Weber said this was a good question to ask and he would be fine with a roof top open space. Frank said a balance between the two would be nice. Chair Stoltz said having an open space inside a building is nice for employees who work there. Frank said you could have both public and private open spaces, and asked if a ratio should be set. Wuttke said he did not see anything about interior courtyards or plazas. He said if there was a public open space it would be hard pressed for developers to construct this because December 8, 2014 Page 5 who would maintain the space. He said he would also like to see"green space" redefined. Frank said he had a few comments. On the purpose page, letter(E), decrease the parking needs, Frank asked if this section was seeking to decrease auto traffic. The project proponent said that is a key objective in a TOD area, to minimize auto traffic. Regina Rojas thanked the Commission Members for their feedback. B. 2015 Work Plan Klima said the Staff prepared a draft of the 2015 Work Plan that is in the packet. Staff would like Commission feedback. Wuttke said he would like to see a list of ordinances that need to be updated. Klima said Staff does have a list of outdated ordinances and are looking at those now. Frank said he thought the suggested work plan was very good. Klima pointed out it is a working document and is subject to change. MOTION by Wuttke, seconded by Frank, to approve the 2015 Work Plan as presented. C. Electronic Packet Update Klima said the Commission packets will be delivered via email starting with the January 12, 2015 meeting. D. December 22, 2014—there will not be a Planning Commission Meeting on this date due to the Holiday. VIII. MEMBERS' REPORT No Members' report. IX. CONTINUING BUSINESS No continuing business. X. NEW BUSINESS No new business. XI. ADJOURNMENT MOTION by Weber, seconded by Wuttke, to adjourn the meeting. Motion carried December 8, 2014 Page 6 5-0. There being no further business, the meeting was adjourned at 8:33 p.m. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims January 20, 2015 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 236500 - 236696 Wire Transfers 1009652 - 1009788 Wire Transfers 5252 - 5272 November Purchasing Card Report City of Eden Prairie Council Check Summary 1/20/2015 Division Amount Division Amount General 48,658 100 City Manager 11,065 308 E-911 267 101 Legislative 8,129 315 Economic Development 19,400 102 Legal Counsel 309 445 Cable PEG 879 110 City Clerk 203 527 CIP-Leasing Costs 7,630 111 Customer Service 6,496 528 Shady Oak Rd-CR 61 North 90,712 112 Human Resources 149 529 Shady Oak Rd-CR 61 South 473,913 113 Communications 195 530 Pool Upgrade/Expansion 1,348,709 114 Benefits&Training 2,674 531 Eden Prairie Road 13,119 130 Assessing 200 532 EP Road Connect Flying Cloud 1,682 131 Finance 1,267 534 WEST 70TH ST.EXTENSION 1,501 132 Housing and Community Services 14 Total Capital Project Funds 1,957,813 133 Planning 10,559 136 Public Safety Communications 7,231 601 Prairie Village Liquor 89,031 137 Economic Development 212 602 Den Road Liquor 170,177 138 Community Development Admin. 614 603 Prairie View Liquor 93,271 150 Park Administration 2,205 605 Den Road Building 985 151 Park Maintenance 71,855 701 Water Fund 64,701 152 Parks Capital Outlay 1,055 702 Sewer Fund 10,270 153 Organized Athletics 1,156 703 Storm Drainage Fund 41,281 154 Community Center 27,338 Total Enterprise Funds 469,717 155 Beaches 651 156 Youth Programs 6,695 803 Escrow Fund 2,649 158 Senior Center 1,321 807 Benefits Fund 588,086 159 Recreation Administration 515 811 Property Insurance 2,839 160 Therapeutic Recreation 1,095 812 Fleet Internal Service 46,064 161 Oak Point Pool 15,523 813 IT Internal Service 93,615 162 Arts 237 814 Facilities Capital ISF 3,941 163 Outdoor Center 207 815 Facilites Operating ISF 20,592 168 Arts Center 820 816 Facilites City Center ISF 27,425 180 Police 32,413 817 Facilites Comm.Center ISF 40,872 183 Emergency Preparedness 973 Total Internal Service Funds 826,084 184 Fire 843,403 186 Inspections 2,455 Report Totals 7,541,902 200 Engineering 1,912 201 Street Maintenance 28,308 Total General Fund 1,138,111 301 CDBG 30 Total Special Revenue Funds 30 431 G.O.Improvement Bonds 2006B 270,810 433 2007A Facility Lease-3rd Rink 98,518 439 G.O.Refunding Bonds 2011C 713,891 441 2012A G.O.Refunding Bonds 89,428 443 2012C GO Perm Impr Ref Bonds 1,977,500 Total Debt Service Funds 3,150,147 City of Eden Prairie Council Check Register 1/20/2015 Check# Amount Supplier/Explanation Account Description Business Unit Explanation 5264 1,977,500 WELLS FARGO BANK MINNESOTA NA Interest 2012C GO Perm Impr Ref Bonds Bond payments 236669 1,325,250 RJM CONSTRUCTION INC Other Contracted Services Pool Upgrade/Expansion Aquatics Expansion 5263 1,074,129 WELLS FARGO BANK MINNESOTA NA Principal 2012B GO Refund Capital Improv Bond payments 5260 829,013 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Fire Relief Pension Payment Fire Fire Relief Pension 236601 417,617 C S MCCROSSAN CONSTRUCTION INC Improvement Contracts Shady Oak Rd-CR 61 South Shady Oak Rd-CR 61 South 5267 242,650 CERIDIAN Federal Taxes Withheld Health and Benefits Payroll 5270 160,366 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 5259 150,799 GENESIS EMPLOYEE BENEFITS,INC HSA Health and Benefits Health Care Savings Contribution 5254 98,518 WELLS FARGO BANK MINNESOTA NA Interest 2007A Facility Lease-3rd Rink 1009769 90,712 MINNESOTA DIRT WORKS INC Improvement Contracts Shady Oak Rd-CR 61 North 1009780 55,136 SRF CONSULTING GROUP INC Design&Engineering Shady Oak Rd-CR 61 South 236583 50,400 WHITE BUFFALO INC Other Contracted Services Deer Consultant 236539 49,937 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 5256 47,046 US BANK Repair&Maint.Supplies Water System Maintenance 236645 41,519 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 236551 37,467 MARCO INC Operating Supplies IT Capital 236612 30,942 DEPARTMENT OF CORRECTIONS Other Contracted Services Street Maintenance 236575 27,297 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 236550 24,748 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 5269 22,999 ING Deferred Compensation General Fund 236585 22,733 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie View Liquor Store 1009764 20,201 HEWLETT-PACKARD COMPANY Computers IT Operating 236574 19,268 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services EP Rd Connect to Flying Cloud 236501 18,859 ABM JANITORIALSERVICES-NORTH CENTRAL INC Janitor Service City Hall-CAM 236692 17,837 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie View Liquor Store 1009760 17,641 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 1009752 17,289 BARR ENGINEERING COMPANY Design&Engineering Storm Drainage Projects 5272 16,562 RADIANT SYSTEMS Bank and Service Charges Prairie View Liquor Store 1009708 15,589 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Capital 236536 15,523 IND SCHOOL DIST 272 Other Contracted Services Oak Point Lessons 236625 14,924 HAMMEL,GREEN AND ABRAHAMSON Design&Engineering Pool Upgrade/Expansion 5268 14,311 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 236674 14,262 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 1009713 13,985 WALL TRENDS INC Contract Svcs-General Bldg Ice Arena Maintenance 236693 13,445 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie View Liquor Store 5262 13,136 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 5265 13,025 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 236586 12,507 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie View Liquor Store 236644 12,126 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 236596 11,880 BIG STEER MEATS Other Contracted Services Deer Consultant 1009783 10,237 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 236641 10,165 HOISINGTON KOEGLER GROUP INC Other Contracted Services Planning 236584 10,006 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 1009727 9,235 DAY DISTRIBUTING Liquor Product Received Prairie View Liquor Store 236508 9,000 BAKER Other Contracted Services Economic Development Fund 236597 8,654 BLACKSTONE CONTRACTORS LLC Improvement Contracts Storm Drainage 236564 8,641 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 5271 8,622 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance Check# Amount Supplier/Explanation Account Description Business Unit Explanation 1009723 8,536 BRAUN INTERTEC CORPORATION Other Contracted Services Pool Upgrade/Expansion 236576 8,043 SPIRIT APPAREL AND STUFF Retention Program Skating Rinks/Warming Houses 1009709 8,040 STREICHERS Clothing&Uniforms Police 236665 8,018 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 236672 8,000 SEECLICKFIX INC Software Maintenance IT Operating 1009756 7,697 CERIDIAN Ceridian IT Operating 236624 7,634 GRAYMONT Treatment Chemicals Water Treatment Plant 1009658 7,566 DAY DISTRIBUTING Liquor Product Received Prairie View Liquor Store 1009711 7,420 TOWMASTER INC Equipment Parts Fleet Operating 236617 7,342 EATS Other Contracted Services Internal Events 1009766 7,323 KUSTOM SIGNALS INC Capital Under$25,000 Police 236680 7,130 STERLING SYSTEMS,INC Contract Svcs-General Bldg CIP-Leasing Costs 236663 6,785 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 1009710 6,737 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 236545 6,470 LAVAN FLOOR COVERING Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 5258 6,450 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 236530 6,330 H&L MESABI Equipment Parts Fleet Operating 1009698 5,945 METRO SALES INCORPORATED* Other Rentals IT Operating 1009771 5,729 MITY-LITE INC Capital Under$25,000 Conference Rooms 1009781 5,575 STREICHERS Clothing&Uniforms Police 236548 5,419 MACQUEEN EQUIPMENT INC Auto Repair&Maint. Sewer System Maintenance 236559 5,401 NATIONAL LEAGUE OF CITIES Dues&Subscriptions City Council 236691 5,244 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 1009689 5,041 GRAINGER Supplies-Electrical Public Works/Parks 1009691 4,980 HAWKINS INC Treatment Chemicals Water Treatment Plant 1009754 4,924 CDW GOVERNMENT INC. Miscellaneous IT Capital 1009748 4,915 VINOCOPIA Liquor Product Received Prairie View Liquor Store 236681 4,791 SUNRAM CONSTRUCTION Improvement Contracts Storm Drainage 1009758 4,778 COMTECH COMMUNICATIONS INC Other Assets Public Safety Communications 236603 4,691 CARL BOLANDER&SONS Improvement Contracts Storm Drainage 236526 4,170 FIRE SAFETY USA INC Equipment Repair&Maint Fire 236535 4,031 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 236529 3,948 GRAYMONT Treatment Chemicals Water Treatment Plant 1009685 3,941 ENVIRONMENTAL PROCESS INC Other Contracted Services Facilities Capital 1009785 3,514 WALL TRENDS INC Contract Svcs-General Bldg Park Shelters 1009755 3,482 CENTERPOINT ENERGY Gas Sewer Liftstation 236538 3,471 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 1009747 3,400 VAN PAPER COMPANY Cleaning Supplies Arts Center 1009736 3,276 LEGACY GYMNASTICS Instructor Service Lesson Skills Development 236622 3,240 GOODPOINTE TECHNOLOGY (C/O ZOOM) Software Maintenance IT Operating 236640 3,220 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 236659 3,120 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation 236636 3,074 HENNEPIN COUNTY TREASURER Other Contracted Services Project Fund 236562 3,012 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 236568 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 1009703 2,994 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs-Roof City Hall-CAM 236604 2,977 CENTURYLINK Elevators IT Telephone 236514 2,900 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe Senior Center 1009767 2,846 LITTLE FALLS MACHINE INC Machinery&Equipment Fleet Operating 1009749 2,839 YOUNGSTEDTS COLLISION CENTER Insurance Property Insurance 1009788 2,805 XCEL ENERGY Electric Forest Hills Park 1009676 2,739 VINOCOPIA Liquor Product Received Prairie View Liquor Store 236579 2,730 THYMES TWO INC Contract Svcs-General Bldg Den Bldg.-CAM Check# Amount Supplier/Explanation Account Description Business Unit Explanation 1009732 2,594 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 1009683 2,364 CDW GOVERNMENT INC. Computers IT Operating 1009787 2,298 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 236623 2,291 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 236554 2,266 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Concessions 1009699 2,205 MINNESOTA RECREATION&PARK ASSOCIATION Dues&Subscriptions Parks Administration 236650 2,075 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI Other Contracted Services Environmental Education 236658 1,984 NATIONAL MARTIAL ARTS ASSOCIATION,INC Instructor Service Lesson Skills Development 236542 1,950 KRAFT TREE SERVICE INC Other Contracted Services Tree Removal 1009705 1,848 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Outdoor Center Facilities 1009753 1,837 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1009716 1,786 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 236591 1,777 ANDERBERG INNOVATIVE PRINT SOLUTIONS INC Printing Police 236509 1,723 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 1009717 1,720 ZIEGLER INC Machinery&Equipment Emergency Preparedness 236684 1,695 TWIN CITIES FOUNTAIN SERVICES Other Contracted Services Purgatory Creek Park 236592 1,614 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 236520 1,597 COMPASS MINERALS AMERICA,INC Salt Snow&Ice Control 1009667 1,525 MCGINTY-VANSICKLE,PATTI Tuition Reimbursement/School Organizational Services 1009690 1,517 HANSEN THORP PELLINEN OLSON Design&Engineering Engineering 1009655 1,501 BRAUN INTERTEC CORPORATION Testing-Soil Boring WEST 70TH ST.EXTENSION 236682 1,481 TKO WINES,INC Liquor Product Received Prairie Village Liquor Store 236634 1,472 HENNEPIN COUNTY TREASURER Other Contracted Services Project Fund 1009661 1,464 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 236599 1,443 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 1009693 1,320 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 5261 1,310 GENESIS EMPLOYEE BENEFITS,INC HSA Health and Benefits 1009657 1,289 CUSTOM HOSE TECH Equipment Parts Fleet Operating 1009741 1,264 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications 236582 1,250 UNIVERSITY OF MINNESOTA Conference/Training Inspections-Administration 236657 1,212 NAC Contract Svcs-Ice Rink Ice Arena Maintenance 1009700 1,151 M-K GRAPHICS Operating Supplies Finance 236651 1,146 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Prairie View Liquor Store 236633 1,128 HENNEPIN COUNTY TREASURER Other Contracted Services Project Fund 1009684 1,076 CONCRETE CUTTING&CORING INC Landscape Materials/Supp Street Maintenance 1009697 1,071 MENARDS Small Tools Street Maintenance 236631 1,065 HENNEPIN COUNTY TREASURER Other Contracted Services Project Fund 236560 1,055 OMEGA INDUSTRIES Capital Under$25,000 Capital Outlay Parks 236621 1,049 FIRE SAFETY USA INC Repair&Maint.Supplies Fire 236571 1,036 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Fitness Center 236510 1,035 BLOOMINGTON,CITY OF Kennel Services Animal Control 236629 991 HENNEPIN COUNTY TREASURER Other Contracted Services Project Fund 236605 973 CENTURYLINK Telephone IT Operating 236613 956 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 1009679 952 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 236679 921 STATE CHEMICAL MFG.CO.,THE Cleaning Supplies Utility Operations-General 236552 911 MASTER CRAFT LABELS INC Operating Supplies Police 5252 890 DELUXE BUSINESS FORMS AND SUPPLIES Bank and Service Charges Community Center Admin 1009763 879 GRANICUS INC Equipment Repair&Maint Cable PEG 236537 866 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 236632 854 HENNEPIN COUNTY TREASURER Other Contracted Services Project Fund 236675 845 SPECIAL SERVICES GROUP LLC Capital Under$25,000 Police 236504 843 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Explanation 236649 835 MACQUEEN EQUIPMENT INC Equipment Parts Sewer Utility-General 1009743 829 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr 1009675 819 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM 236541 812 KEEPERS Clothing&Uniforms Police 236589 800 XCEL ENERGY Electric Shady Oak Rd-CR 61 South 1009695 736 KIDCREATE STUDIO Instructor Service Arts Center 236607 727 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 236630 702 HENNEPIN COUNTY TREASURER Other Contracted Services Project Fund 236502 700 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 236595 695 BAYOUMY,AHMED Building Permits General Fund 1009664 695 HANINK,KELLY Video&Photo Supplies Fire 236606 694 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 1009735 679 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment Plant 236507 673 AVR INC Repair&Maint.Supplies Storm Drainage 1009694 665 JEFFERSON FIRE&SAFETY INC Protective Clothing Fire 1009653 647 BERRY COFFEE COMPANY Merchandise for Resale Concessions 236594 615 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 1009768 613 MENARDS Building Materials Staring Lake 236667 607 RED WING SHOE STORE Clothing&Uniforms Fleet Operating 1009686 591 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant 236567 583 PLASTIC BAG MART Liquor Product Received Prairie Village Liquor Store 1009751 583 BANK BEER CO Liquor Product Received Prairie View Liquor Store 236524 575 EDAM Dues&Subscriptions Economic Development 1009688 567 GOVDELIVERY Software Maintenance IT Operating 236637 565 HENNEPIN COUNTY TREASURER Other Contracted Services Project Fund 236533 556 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications 236588 556 HOME DEPOT CREDIT SERVICES Supplies-General Building Fire Station#1 1009680 554 BIFFS INC Waste Disposal Park Maintenance 236577 551 STAPLES ADVANTAGE Office Supplies Customer Service 236635 549 HENNEPIN COUNTY TREASURER Other Contracted Services Project Fund 236503 546 APPERT'S FOODSERVICE Merchandise for Resale Concessions 236593 541 AVR INC Repair&Maint.Supplies Storm Drainage 236628 535 HENNEPIN COUNTY CHIEF OF POLICE ASSOC Dues&Subscriptions Police 1009745 515 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 236694 513 XIGENT SOLUTIONS LLC Other Contracted Services IT Operating 236565 511 PINNACLE DISTRIBUTING Liquor Product Received Prairie View Liquor Store 236547 500 LHB INC Miscellaneous Administration 236670 500 ROCHON CORPORATION Contract Svcs-Plumbing CIP-Leasing Costs 236671 500 SCREAM TOWN LLC Operating Supplies Fire 236653 497 MINNESOTA TROPHIES&GIFTS Operating Supplies Fire 1009712 495 VTI Other Contracted Services Public Safety Communications 236558 484 NAC Contract Svcs-HVAC Fitness/Conference-Cmty Ctr 236566 481 PITNEY BOWES Postage Customer Service 1009775 480 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store 1009714 476 WATSON CO INC,THE Merchandise for Resale Concessions 236512 471 BRAAS CO Computers Water Treatment Plant 1009733 467 HACH COMPANY Lab Supplies Water Treatment Plant 1009702 467 OENO'S DISTRIBUTION Liquor Product Received Den Road Liquor Store 1009761 462 DREWS CONCESSIONS LLC Merchandise for Resale Concessions 1009668 455 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 236600 447 BROCK WHITE COMPANY LLC Repair&Maint.Supplies Sewer System Maintenance 1009681 440 BOYER TRUCKS Equipment Parts Fleet Operating 1009715 436 WICHTERMAN'S LTD Equipment Parts Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Explanation 236678 429 STAPLES ADVANTAGE Office Supplies Customer Service 1009757 407 CHEMSEARCH Supplies-HVAC City Hall-CAM 1009786 407 WATSON CO INC,THE Merchandise for Resale Concessions 1009750 405 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 1009663 396 HACH COMPANY Laboratory Chemicals Water Treatment Plant 236531 390 HD SUPPLY WATERWORKS LTD Operating Supplies Park Maintenance 1009660 390 FASTENAL COMPANY Equipment Parts Sewer System Maintenance 1009759 384 CONCRETE CUTTING&CORING INC Landscape Materials/Supp Street Maintenance 236690 378 WATER CONSERVATION SERVICES INC Other Contracted Services Water System Maintenance 236642 375 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1009707 373 SHERWIN WILLIAMS CO Repair&Maint.Supplies Park Maintenance 1009654 364 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 236515 360 CENTURYLINK Telephone IT Telephone 236655 360 MN DEPT OF TRANSPORTATION Testing-Soil Boring Shady Oak Rd-CR 61 South 236500 334 ABLE HOSE&RUBBER INC Repair&Maint.Supplies Water Treatment Plant 1009677 328 WILSON,JOHN D. Operating Supplies Police 236652 325 MINNESOTA CHIEFS OF POLICE ASSOCIATION Conference/Training Police 236668 321 REPLENEX Equipment Parts Fleet Operating 236532 309 HENNEPIN COUNTY ATTORNEYS OFFICE Other Revenue Legal Criminal Prosecution 236561 300 PACE ANALYTICAL SERVICES INC. Testing-Soil Boring Storm Drainage 1009682 300 CANNON RIVER WINERY Liquor Product Received Prairie View Liquor Store 1009696 282 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 1009659 281 EXTREME BEVERAGE Liquor Product Received Prairie Village Liquor Store 1009770 280 MINNESOTA RECREATION&PARK ASSOCIATION Conference/Training Recreation Admin 1009729 269 EXTREME BEVERAGE Liquor Product Received Prairie View Liquor Store 236654 264 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Fredrick Miller Spring 236556 259 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 5266 259 CERIDIAN Garnishment Withheld General Fund 236569 258 PRAHA DISTRIBUTING Liquor Product Received Prairie View Liquor Store 236525 258 EMERGENCY RESPONSE SOLUTIONS Equipment Parts Emergency Preparedness 1009731 253 FLEETPRIDE INC Equipment Parts Fleet Operating 236661 252 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Utility Operations-General 236534 250 HENNEPIN COUNTY TREASURER Reimbursement-labels Planning 236620 250 FERRENTINO,CANDYCE Equipment Repair&Maint Utility Operations-General 1009777 249 SCHWAB VOLLHABER LUBRATT SERVICE CORO Supplies-HVAC Police City Center 1009701 244 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 236616 243 E A SWEEN COMPANY Merchandise for Resale Concessions 236511 243 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 1009765 242 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 1009744 233 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 236687 232 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 1009762 228 GRAINGER Repair&Maint.Supplies Police City Center 1009719 226 MATHESON TRI-GAS INC Operating Supplies Fleet Operating 1009724 208 CLAREY'S SAFETY EQUIPMENT Safety Supplies Utility Operations-General 1009704 203 POMP'S TIRE SERVICE INC Tires Fleet Operating 236696 203 WINSLOW,JACK Wages No Benefits Elections 236555 198 MINNESOTA CONWAY Equipment Repair&Maint Fleet Operating 236615 197 DONALD SALVERDA&ASSOCIATES Conference/Training Community Development Admin. 236572 196 QUALITY REFRIGERATION Equipment Repair&Maint Concessions 236602 196 C.M.ARCHITECTURE P.A. Reimbursement Escrow 1009782 195 TEE JAY NORTH INC Building Repair&Maint. Den Road Liquor Store 236590 193 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 236666 192 PRINT SOURCE MINNESOTA Advertising Prairie Village Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Explanation 1009692 192 HD SUPPLY FACILITIES MAINTENANCE Contract Svcs-General Bldg Police City Center 236639 190 HERC U LIFT Other Contracted Services Police 236618 186 EDEN PRAIRIE WINLECTRIC Operating Supplies Traffic Signals 236580 186 TKO WINES,INC Liquor Product Received Prairie View Liquor Store 1009725 186 COY,ERICA Tuition Reimbursement/School Police 1009728 186 DUPONT,BRENT Tuition Reimbursement/School Police 1009742 186 PETERSON,DANIEL J Tuition Reimbursement/School Police 1009656 185 CLAREY'S SAFETY EQUIPMENT Clothing&Uniforms Utility Operations-General 1009673 182 R&R SPECIALTIES OF WISCONSIN INC Repair&Maint-Ice Rink Ice Arena Maintenance 236673 180 SNAP-ON TOOLS Small Tools Fleet Operating 1009687 179 FASTSIGNS Operating Supplies Fire 236646 177 KEEPERS Clothing&Uniforms Reserves 236611 177 DELEGARD TOOL CO Equipment Parts Fleet Operating 1009774 177 OSI BATTERIES INC Office Supplies Police 236553 175 MERSC Dues&Subscriptions Organizational Services 5255 173 OPTUM HEALTH Other Contracted Services Health and Benefits 1009726 171 CUSTOM HOSE TECH Equipment Parts Fleet Operating 1009706 168 SCHARBER&SONS Equipment Parts Fleet Operating 1009665 162 LANZI,BOB Mileage&Parking Ice Admin. 236517 161 COBORNS Merchandise for Resale Concessions 236543 151 LACOUNT SALES LLC Repair&Maint.Supplies Sewer System Maintenance 1009718 150 GREGOIRE,DAVID Clothing&Uniforms Reserves 1009674 149 ROSE,ALECIA Mileage&Parking Human Resources 1009746 145 SHRED-IT USA MINNEAPOLIS Waste Disposal City Center Operations 236627 145 HD SUPPLY WATERWORKS LTD Small Tools Water System Maintenance 236688 144 VINE LINE DISTRIBUTION LLC Liquor Product Received Den Road Liquor Store 236522 142 DONALD SALVERDA&ASSOCIATES Conference/Training Assessing 236516 136 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 236544 130 LAKE MONSTER BREWING Liquor Product Received Prairie Village Liquor Store 236648 130 LAKE MONSTER BREWING Liquor Product Received Prairie View Liquor Store 236676 130 SPORTS PRO LLC Equipment Repair&Maint Police 236643 128 INDUSTRIAL AND RESIDENTIAL LIGHTING INC Repair&Maint.Supplies Utility Operations-General 236528 124 G&K SERVICES-MPLS INDUSTRIAL Other Contracted Services Park Maintenance 1009776 120 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Fire Station#1 236638 118 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 236570 117 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 1009778 109 SPRINT Computers IT Operating 1009672 107 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1009772 106 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 236573 100 SCHUCH,REBECCA Refunds Environmental Education 236578 100 STEPHENS,ERIC Refunds Environmental Education 236598 100 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Police City Center 236647 100 KOMP,WILLIAM Refunds Environmental Education 236686 100 USPCA REGION 18 Dues&Subscriptions Police 236521 98 DIRECTV Cable TV Community Center Admin 1009730 97 FASTENAL COMPANY Safety Supplies Fleet Operating 1009720 95 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Outdoor Center Facilities 1009773 91 NUCO2 INC Supplies-Pool Pool Maintenance 236695 90 ROFF,PAIGE Deposits Escrow 1009739 85 MORROW,JAMES Dues&Subscriptions Police 236523 83 EATS Clothing&Uniforms Reserves 236609 80 CROWN MARKING INC Office Supplies Police 1009721 77 BERRY COFFEE COMPANY Merchandise for Resale Concessions Check# Amount Supplier/Explanation Account Description Business Unit Explanation 1009722 76 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 1009737 75 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 1009738 73 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 1009669 69 MPX GROUP,THE Printing Police 1009740 69 MPX GROUP,THE Printing Police 1009678 67 AMERITRAK Operating Supplies Street Maintenance 1009734 67 JOHN DEERE LANDSCAPES/LESCO Landscape Materials/Supp Park Maintenance 236546 63 LEPSON,STEPHEN Equipment Repair&Maint Concessions 236505 60 ASSOC OF STATE WETLAND MANAGERS INC Dues&Subscriptions Storm Drainage 236677 60 SPRINT Other Contracted Services Police 1009671 54 PARK SUPPLY OF AMERICA INC Supplies-Plumbing City Center Operations 5253 50 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 5257 50 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 236513 50 BRETTIN,MATTHEW Refunds Environmental Education 236540 50 JULIAR,TIMOTHY Refunds Environmental Education 236619 50 FBI-LEEDA Dues&Subscriptions Police 236656 50 MONK,KAREN Refunds Environmental Education 236685 50 USPCA REGION 12 Dues&Subscriptions Police 236518 50 COMCAST Cable TV Fire 236689 50 WANG,YINGXIN AR Utility Water Enterprise Fund 236662 49 OLSON,DON 0 Refunds Environmental Education 236614 49 DIRECTV Other Contracted Services Police 236683 47 TRUE FABRICATIONS Liquor Product Received Den Road Liquor Store 236563 42 PETSMART Canine Supplies Police 236549 40 MACT Dues&Subscriptions Theatre Initiative 236664 37 PETSMART Canine Supplies Police 1009652 31 AMERICAN SOLUTIONS FOR BUSINESS Clothing&Uniforms Community Center Admin 236581 27 TRUE FABRICATIONS Liquor Product Received Prairie Village Liquor Store 236506 22 AT&T MOBILITY Pager&Cell Phone Park Maintenance 236557 20 MTRA Dues&Subscriptions Senior Center Admin 236660 17 OLSEN CHAIN&CABLE Operating Supplies Street Maintenance 236626 16 HANCE ACE HARDWARE Equipment Parts Fleet Operating 1009670 16 MY CABLE MART Miscellaneous IT Operating 236608 15 COMCAST Other Contracted Services Police 236527 11 FISERV INC Bank and Service Charges Water Accounting 1009779 6 SPS COMPANIES Equipment Parts Water System Maintenance 236519 4 COMCAST Cable TV Fire 236610 4 DEALER AUTOMOTIVE SERVICES INC Equipment Parts Fleet Operating 1009784 1 UPS Deposits Escrow 7,541,902 Grand Total City of Eden Prairie Purchasing Card Payment Report November Purchases Amount Explanation Vendor Account Description Business Unit 25 US-lift station truck HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer Liftstation 92 US-sr ctr/epcc hort HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Park Maintenance 59 US-scoop HOME DEPOT CREDIT SERVICES Small Tools Utility Operations-General 90 US-parts WELDINGMART.COM Equipment Parts Fleet Operating 212 US-parts PAYPAL INC Equipment Parts Fleet Operating 50 US-parts WELDINGMART.COM Equipment Parts Fleet Operating 90 US-books FIVE ALARM LEADERSHIP LLC Conference/Training Fire 11 US-salt for truck FRATTALLONE'S/MINNETONKA ACE Operating Supplies Fire 18 US-sc supplies WALGREEN'S#5080 Operating Supplies Senior Center Programs 798 US-vetrans breakfast ANNIE'S CAFE Special Event Fees Senior Center Programs 34 US-sc supplies CUB FOODS EDEN PRAIRIE Operating Supplies Senior Center Programs 10 US-cards PAYPAL INC Operating Supplies Senior Center Programs 360 US-playhouse PLYMOUTH PLAYHOUSE Operating Supplies Senior Center Programs 550 US-employee lunch BIAGGI'S RISTORANTE ITALIANO Other Contracted Services Internal Events 21 US-wood shop supply DEWALT FACTORY Equipment Repair&Maint Senior Center Programs 42 US-water trucks HOME DEPOT CREDIT SERVICES Equipment Repair&Maint Park Maintenance 148 US-board for picnic tables MENARDS Repair&Maint.Supplies Park Maintenance 48 US-plant supplies MENARDS Repair&Maint.Supplies Park Maintenance 57 US-tie straps MENARDS Repair&Maint.Supplies Water Treatment Plant 206 US-pump MENARDS Repair&Maint.Supplies Water Treatment Plant 60 US-nlc conf taxi AMERICAN TOWN CAR SERVICE Travel Expense City Council 40 US-nlc conf taxi YELLOW CAB Travel Expense City Council 11 US-nlc conf taxi YELLOW CAB Travel Expense City Council 11 US-nlc conf taxi LONE STAR CAB Travel Expense City Council 9 US-nlc conf taxi LONE STAR CAB Travel Expense City Council 10 US-nlc conf taxi AUSTIN CAB Travel Expense City Council 37 US-nlc conf taxi YELLOW CAB Travel Expense City Council 961 US-Hotel NLC conf OMNI HOTELS Travel Expense City Council 60 US-nlc conf taxi AMERICAN TOWN CAR SERVICE Travel Expense City Council 95 US-green expo course DEPT OF LABOR&INDUSTRY Prepaid Expenses General Fund 33 US-backflow license DEPT OF LABOR&INDUSTRY Prepaid Expenses General Fund 159 US-power license MINNESOTA NURSERY&LANDSCAPE Prepaid Expenses General Fund 4 US-magnifying glass MENARDS Operating Supplies Park Maintenance 36 US-ice auger CABIN FEVER SPORTINGS GOODS Equipment Repair&Maint Park Maintenance 128 US-fans MENARDS Repair&Maint.Supplies Water Treatment Plant 299 US-fans MENARDS Repair&Maint.Supplies Water Treatment Plant 27 US-fans MENARDS Repair&Maint.Supplies Water Treatment Plant 13 US-trunk protectors MENARDS Operating Supplies Tree Disease 108 US-forestry supplies FORESTRY SUPPLIERS INC. Operating Supplies Tree Disease 58 US-taxi BAY AREA METRO Operating Supplies Fire 676 US-VCOS HILTON HOTELS Conference/Training Fire 25 US-bins for locker room TARGET Operating Supplies Fire 8 US-parking CITY WALK RAMP Operating Supplies Fire 131 US-flowers Kraus BACHMANS CREDIT DEPT Deposits Escrow 150 US-flowers T Powers BACHMANS CREDIT DEPT Deposits Escrow Amount Explanation Vendor Account Description Business Unit 33 US-sparky costume cleaning SHAFTON INC Fire Prevention Supplies Fire 8 US-parking CITY WALK RAMP Operating Supplies Fire 81 US-VCOS hotel tax HILTON HOTELS Conference/Training Fire -19 US-return TARGET Operating Supplies Fire 185 US-label machine and tape OFFICE DEPOT CREDIT PLAN Office Supplies Fire 129 US-flowers esbensen BACHMANS CREDIT DEPT Deposits Escrow 206 US-thanksgiving meal station 2 BUCA Operating Supplies Fire 220 US-thanksgiving meal station 4 BUCA Operating Supplies Fire 206 US-thanksgiving meal station 2 BUCA Operating Supplies Fire 206 US-thanksgiving meal station 4 BUCA Operating Supplies Fire 318 US-kids bday party supplies TARGET Operating Supplies Fire 119 US-flowers T Colehour BACHMANS CREDIT DEPT Deposits Escrow 119 US-flowers L Brace BACHMANS CREDIT DEPT Deposits Escrow 119 US-flowers A Rogotzke BACHMANS CREDIT DEPT Deposits Escrow 146 US-flowers D Jensen BACHMANS CREDIT DEPT Deposits Escrow 54 US-parts BEST BUY Equipment Parts Fleet Operating 32 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 50 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 41 US-café food WALMART COMMUNITY Merchandise for Resale Concessions -15 US-return WALMART COMMUNITY Merchandise for Resale Concessions 29 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 48 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions -28 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 81 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 32 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 184 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 91 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 122 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 8 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 97 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 19 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 65 US-rick lasky visit CONVENTION GRILL Operating Supplies Fire 590 US-esbensen cc personal use PLETCHER,DALE Deposits Escrow 8 US-DPS meeting-parking ALLIED PARKING Mileage&Parking Fire 96 US-heated AED mat WRIGHT-HENNEPIN COOP Operating Supplies Fire 29 US-printer ink AMAZON.COM Miscellaneous IT Operating 439 US-42"tv for Ryan Kapaun AMAZON.COM Computers IT Operating 676 US-55'tv for IT AMAZON.COM Computers IT Operating 57 US-tv mounts AMAZON.COM Computers IT Operating 16 US-microsoft software MICROSOFT CORPORATE Equipment Repair&Maint IT Operating 23 US-trackball mouse AMAZON.COM Computers IT Operating -23 US-return trackball mouse AMAZON.COM Computers IT Operating 169 US-treesize renewal JAM SOFTWARE Prepaid Expenses IT Operating 259 US-32'tv for pd AMAZON.COM Computers IT Operating 24 US-hdmi cable AMAZON.COM Miscellaneous IT Operating 23 US-serial cable AMAZON.COM Miscellaneous IT Operating 13 US-car charger for phone AMAZON.COM Miscellaneous IT Operating 42 US-brother ink cartridges AMAZON.COM Miscellaneous IT Operating 36 US-nlc conf taxi YELLOW CAB Travel Expense Administration Amount Explanation Vendor Account Description Business Unit 961 US-Hotel NLC conf OMNI HOTELS Travel Expense Administration 13 US-cables MY CABLE MART Miscellaneous IT Operating 50 US-cables MY CABLE MART Miscellaneous IT Operating 151 US-toner OFFICE DEPOT CREDIT PLAN Miscellaneous IT Operating 73 US-coffee pastries PANERA BREAD Operating Supplies Police 117 US-storage for evidence BEST BUY Computers IT Operating -11 US-return MENARDS Repair&Maint.Supplies Park Maintenance 12 US-supplies MENARDS Repair&Maint.Supplies Park Maintenance 45 US-shovel/tools MENARDS Operating Supplies Park Maintenance 46 US-supplies MENARDS Repair&Maint.Supplies Staring Lake 126 US-supplies MENARDS Repair&Maint.Supplies Staring Lake 69 US-staring MENARDS Repair&Maint.Supplies Park Maintenance -142 US-return starting cabinet MENARDS Repair&Maint.Supplies Staring Lake 191 US-elec/irr staring MENARDS Repair&Maint.Supplies Staring Lake -4 US-return starting cabinet MENARDS Repair&Maint.Supplies Staring Lake 95 US-staring cabinet MENARDS Repair&Maint.Supplies Staring Lake 58 US-staring cabinet MENARDS Repair&Maint.Supplies Staring Lake 15 US-parking for depo STANDARD PARKING Mileage&Parking Fire 2 US-battery for response vehicl BATTERIES PLUS Operating Supplies Fire 526 US-wire container for water me ULINE Repair&Maint.Supplies Water Metering 28 US-camera AMAZON.COM Repair&Maint.Supplies Water Metering 27 US-staring playground MENARDS Operating Supplies Park Maintenance 40 US-registration SENSIBLE LAND USE COALITION Conference/Training Community Development Admin. 21 US-lunch mtg-LRT project GRANITE CITY FOOD&BREWERY Miscellaneous Community Development Admin. 316 US-60'cable OLSEN CHAIN&CABLE Operating Supplies Park Maintenance 19 US-rink shovels MENARDS Operating Supplies Park Maintenance 90 US-snow shovels NORTHERN TOOL&EQUIPMENT Operating Supplies Park Maintenance 36 US-rink shovels MENARDS Operating Supplies Park Maintenance 130 US-supplies MENARDS Repair&Maint.Supplies Round Lake 20 US-operating supplies MENARDS Operating Supplies Community Center Admin 104 US-operating supplies THE WEBSTAURANT STORE Operating Supplies Community Center Admin 2 US-boot tray MENARDS Operating Supplies Community Center Admin 13 US-active leadership trng CARIBOU COFFEE Office Supplies Organizational Services 109 US-safety IMPLUS CORPORATION Office Supplies Customer Service 448 US-leadership trng AMAZON.COM Office Supplies Organizational Services 185 US-Shan 2015 conf-A Rose SHRM MN STATE CONFERENCE Prepaid Expenses General Fund 124 US-advertising INDEED INC Employment Advertising Organizational Services 35 US-membership HENNEPIN HISTORY MUSEUM Prepaid Expenses General Fund 14 US-HRDC meals PANERA BREAD Operating Supplies Housing and Community Service 30 US-printing order UPRINTING Operating Supplies Prairie Village Liquor Store 30 US-printing order UPRINTING Operating Supplies Den Road Liquor Store 30 US-printing order UPRINTING Operating Supplies Prairie View Liquor Store 57 US-poster stand DISPLAYS2GO Operating Supplies Prairie Village Liquor Store 57 US-poster stand DISPLAYS2GO Operating Supplies Den Road Liquor Store 57 US-poster stand DISPLAYS2GO Operating Supplies Prairie View Liquor Store 30 US-monthly meeting GOVERNMENT FINANCE OFFICERS AS Conference/Training Finance 5,999 US-Oct14 bldg surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 2,120 US-Oct14 bldg surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 748 US-Oct14 bldg surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund Amount Explanation Vendor Account Description Business Unit -177 US-Oct14 bldg surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund 167 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie Village Liquor Store 331 US-gateway fees NCR SPECIALTY Bank and Service Charges Den Road Liquor Store 203 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie View Liquor Store 40 US-UB recurring PAYPAL INC Bank and Service Charges Utility Operations-General 20 US-epermit web security PAYPAL INC Equipment Repair&Maint IT Operating 70 US-UB online PAYPAL INC Bank and Service Charges Utility Operations-General 8 US-café food KWIK TRIP STORES Merchandise for Resale Concessions 27 US-café food KOWALSKI'S MARKET Merchandise for Resale Concessions 38 US-café food KWIK TRIP STORES Merchandise for Resale Concessions 33 US-café food KWIK TRIP STORES Merchandise for Resale Concessions 7 US-café food KWIK TRIP STORES Merchandise for Resale Concessions 53 US-café food KWIK TRIP STORES Merchandise for Resale Concessions 37 US-café food KWIK TRIP STORES Merchandise for Resale Concessions 68 US-gym supplies PICKLEBALLCENTRAL.COM Operating Supplies Gymnasium(CC) 11 US-café food KWIK TRIP STORES Merchandise for Resale Concessions 12 US-patron stamp STAPLES Operating Supplies Community Center Admin 41 US-café food KWIK TRIP STORES Merchandise for Resale Concessions 20 US-EP chamber event PAYPAL INC Conference/Training Economic Development 195 US-marcom gold award MARCOM AWARDS Awards Communications 330 US-prsa membership renewal PUBLIC RELATIONS SOCIETY Prepaid Expenses General Fund 90 US-training FIVE ALARM LEADERSHIP LLC Training Supplies Fire 45 US-straps CABLEORGANIZER.COM Office Supplies Utility Operations-General 84 US-sunshine fund V Everett BACHMANS CREDIT DEPT Deposits Escrow 290 US-council workshop food LEEANN CHIN Miscellaneous City Council 1,568 US-employee recog-awards HALLMARK INSIGHTS Employee Award Internal Events 88 US-sunshine fund G Esbensen TLF BELLADONNA FLORIST Deposits Escrow 88 US-sunshine fund G Carlson TLF BELLADONNA FLORIST COBRA Escrow 74 US-sunshine fund V Verley BACHMANS CREDIT DEPT Deposits Escrow 109 US-city mgr packed lunch DAVANNI'S PIZZA Miscellaneous Administration 204 US-council workshop food DAVANNI'S PIZZA Miscellaneous City Council 165 US-V Rudolph retirement gift HALLMARK INSIGHTS Employee Award Organizational Services 99 US-sunshine fund Karst TLF BELLADONNA FLORIST Deposits Escrow 250 US-supplies ZEE MEDICAL SERVICE Safety Supplies Pool Lessons 250 US-supplies ZEE MEDICAL SERVICE Safety Supplies Fitness Classes 651 US-supplies ZEE MEDICAL SERVICE Safety Supplies Round Lake Beach 125 US-books/dvd FIVE ALARM LEADERSHIP LLC Training Supplies Fire 306 US-covers CAMPING WORLD Fire Prevention Supplies Fire 480 US-covers CAMPING WORLD Fire Prevention Supplies Fire 11 US-coffee KOWALSKI'S MARKET Operating Supplies Fire 49 US-fuel to cummins shop SUPERAMERICA Mileage&Parking Fire 8 US-HSEM class CITY WALK RAMP Mileage&Parking Fire 8 US-HSEM class CITY WALK RAMP Mileage&Parking Fire 25 US-ems bag REPAIR LAIR Repair&Maint.Supplies Fire 83 US-trip to Northfield PERKINS Operating Supplies Fire 122 US-storm project HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Storm Drainage 188 US-shop tools NORTHERN TOOL&EQUIPMENT Small Tools Utility Operations-General 99 US-kiawah storm repair HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Storm Drainage 54 US-at moss site MENARDS Repair&Maint.Supplies Water System Maintenance Amount Explanation Vendor Account Description Business Unit 85 US-APWA conf-Carter UNIVERSITY OF MINNESOTA Prepaid Expenses General Fund 245 US-APWA conf-Carter UNIVERSITY OF MINNESOTA Conference/Training Engineering 150 US-APWA conf-Carter UNIVERSITY OF MINNESOTA Conference/Training Engineering 9 US-café food HOLIDAY STATION STORES INC Merchandise for Resale Concessions 9 US-café food HOLIDAY STATION STORES INC Merchandise for Resale Concessions 9 US-café food HOLIDAY STATION STORES INC Merchandise for Resale Concessions 6 US-café food HOLIDAY STATION STORES INC Merchandise for Resale Concessions 158 US-pro shop SPORTS WORLD USA INC Merchandise for Resale Concessions 224 US-plow tire chains WHEELCO Equipment Parts Fleet Operating 40 US-brine maker HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 67 US-brine maker MENARDS Operating Supplies Street Maintenance 10 US-café food KOWALSKI'S MARKET Merchandise for Resale Concessions 31 US-epcc hvac RG DAVIS AND CO Repair&Maint.Supplies Fitness/Conference-Cmty Ctr 5 US-dcon for fill station MENARDS Repair&Maint.Supplies Utility Operations-General 20 US-gas HOLIDAY STATION STORES INC Motor Fuels Utility Operations-General -99 US-membership refund AMAZON.COM Operating Supplies Arts Center 5 US-paper plates for kids craft TARGET Operating Supplies Arts Center 14 US-clay for gas kiln BLICK ART MATERIALS Operating Supplies Arts Center 53 US-meeting to discuss grant pr TASTE OF SCANDINAVIA Operating Supplies Arts 92 US-glaze for mixing respirator CONTINENTAL CLAY COMPANY Operating Supplies Arts Center -122 US-Sevenich-cc personal use HERBERGERS Deposits Escrow -41 US-Sevenich-cc personal use HERBERGERS Deposits Escrow 70 US-dvd player BEST BUY Equipment Parts Conference Rooms 163 US-Sevenich-cc personal use HERBERGERS Deposits Escrow 22 US-Sevenich-cc personal use CUB FOODS EDEN PRAIRIE Deposits Escrow 375 US-scheduling software fees NIMBLE SCHEDULE Other Contracted Services Community Center Admin 250 US-license fee SCW FITNESS Other Contracted Services Fitness Classes 58 US-2014 session laws MINNESOTA'S BOOKSTORE Dues&Subscriptions Assessing 108 US-mailbox post HOME DEPOT CREDIT SERVICES Building Materials Street Maintenance 218 US-signal tools HOME DEPOT CREDIT SERVICES Small Tools Traffic Signals 225 US-wellness workout room BEST BUY Employee Award Organizational Services 85 US-notary stamps CROWN STAMP AND ENGRAVING CO Office Supplies Police 431 US joint admin meeting BAKERS'RIBS Operating Supplies Police 20 US-negotiation trng HOLIDAY STATION STORES INC Operating Supplies Police 159 US-negotiation tmg ERBERT&GERBERT'S Operating Supplies Police 14 US-reserve calendar CALENDAR WIZ Operating Supplies Reserves 244 US-zoning supplies AMAZON.COM Operating Supplies Police 21 US-zoning supplies AMAZON.COM Operating Supplies Police 269 US-floor jack/jack stands SEARS EDEN PRAIRIE Operating Supplies Park Maintenance 420 US-go book batteries GROUP MOBILE Repair&Maint.Supplies Water Metering 91 US-critter food AVIAN ACRES Operating Supplies Outdoor Center 45 US-critter food PETCO Operating Supplies Outdoor Center 41 US-critter food PETCO Operating Supplies Outdoor Center 1,034 US-nlc conf OMNI HOTELS Travel Expense City Council 25 US-refil tape labels OFFICE DEPOT CREDIT PLAN Operating Supplies Prairie Village Liquor Store 8 US-battery for safe TARGET Operating Supplies Prairie Village Liquor Store 139 US-tower top amp repair BIRD TECHNOLOGIES Equipment Repair&Maint Public Safety Communications 156 US-first aid kits ULINE Operating Supplies Athletic Programs Admin 1,000 US-gift card prizes GREEN MILL Awards Athletic Programs Admin Amount Explanation Vendor Account Description Business Unit 164 US-ammo GANDER MOUNTAIN Training Supplies Police 197 US-hotel-L Diethelm HOLIDAY INNS EXPRESS Tuition Reimbursement/School Police 197 US-T Lowery hotel HOLIDAY INNS EXPRESS Tuition Reimbursement/School Police 197 US-Kuffel hotel HOLIDAY INNS EXPRESS Tuition Reimbursement/School Police 300 US-trng-wyffels wood irmiter m SPECIAL OPERATIONS TRAINING AS Prepaid Expenses General Fund 75 US-trng several employees SPECIAL OPERATIONS TRAINING AS Prepaid Expenses General Fund 139 US-tactics in traffic trng LIFELINE TRAINING LTD Prepaid Expenses General Fund 225 US-trng several employees SPECIAL OPERATIONS TRAINING AS Prepaid Expenses General Fund 30 US-meal HOUSE OF KM Operating Supplies Utility Operations-General 386 US-store supplies WALMART COMMUNITY Operating Supplies Den Road Liquor Store 932 US-store supplies CLIP STRIP Operating Supplies Den Road Liquor Store 32 US-store supplies HOME DEPOT CREDIT SERVICES Operating Supplies Den Road Liquor Store 38 US-office supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Den Road Liquor Store 45 US-supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Police 50 US-member dues renewal FBI-LEEDA Prepaid Expenses General Fund 69 US-deposit of drugs douglas co SIMONSON STATION Motor Fuels Fleet Operating 7 US-workshop parking U OF M PARKING Mileage&Parking Youth Programs Admin 471 US-disney on ice XCEL ENERGY CTR Special Event Fees Special Events&Trips 100 US-pumpkin decorating MARSHALL FAMILY FARM MARKET Operating Supplies Fall Harvest 235 US-rec admin conf/trng MINNESOTA RECREATION&PARK AS Conference/Training Recreation Admin 885 US-gross motor equip BEYOND PLAY Operating Supplies Accessibility 45 US-gross motor equip AMAZON.COM Operating Supplies Accessibility 90 US-adaptive rec outing STAGES THEATRE COMPANY Special Event Fees New Adaptive 76 US-gross motor equip AMAZON.COM Operating Supplies Accessibility 120 US-2 inspections cameras AMAZON.COM Video&Photo Supplies Fire 564 US-laskey training BUCA Operating Supplies Fire 76 US-laskey breakfast PANERA BREAD Operating Supplies Fire 45 US-leadership book FIVE ALARM LEADERSHIP LLC Training Supplies Fire 58 US-office supplies OFFICE DEPOT CREDIT PLAN Office Supplies Fire 22 US-office supplies OFFICEMAX CREDIT PLAN Operating Supplies Fire 1,198 US-2 inspections cameras AMAZON.COM Video&Photo Supplies Fire 825 US-rifle magazines BROWNELLS INC. Training Supplies Police 26 US-K9 lead ELITE K-9 INC Canine Supplies Police 96 US-shop supplies MENARDS Repair&Maint.Supplies Utility Operations-General 27 US-shop supplies MENARDS Repair&Maint.Supplies Utility Operations-General 260 US-supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 107 US-supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 47,046 Report Total CITY COUNCIL AGENDA DATE: SECTION: Reports of Council Members January 20, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.A.1. Fire Relief Association Legislative Authorization City Council Support Requested Action Move to: Adopt the Resolution supporting the Eden Prairie Fire Relief Association's efforts to seek legislation that removes or increases the lump sum pension payout cap of$10,000 per year of service. Synopsis The EPFRA is requesting the support of the City Council to seek legislation that would remove or increase the current lump sum pension payout cap of$10,000 per year of service. By supporting the elimination of the cap or a significant increase above the current $10,000 limit, the City Council would not be increasing their existing liability exposure nor would the Council be automatically supporting a change to the existing By-Laws of the EPFRA. The EPFRA board of trustees believes increasing the current cap of$10,000 would encourage future eligible retirees to more seriously consider taking the defined benefit lump sum payout vs. the monthly defined benefit payout. The EPFRA board of trustees feels that if the lump sum were closer to the monthly defined benefit value more eligible retirees would consider electing the lump sum payout. This would help reduce the total plan liability over the long term. Background Information The EPFRA is at the existing lump sum limit of$10,000 and is unable to make lump sum increases without first receiving legislative approval to have the cap either eliminated or significantly increased. If the legislature eliminates or increases the cap, any future lump sum increases would have to be approved by the EPFRA membership and the City Council, and would be supported by actuarial assumptions. Attachments MN Statute 424A.02 Subd. 3(d) 1 MINNESOTA STATUTES 2014 424A.02 424A.02 DEFINED BENEFIT RELIEF ASSOCIATIONS; SERVICE PENSIONS. Subdivision 1.Authorization.(a)A defined benefit relief association,when its articles of incorporation or bylaws so provide, may pay out of the assets of its special fund a defined benefit service pension to each of its members who: (1) separates from active service with the fire department; (2) reaches age 50; (3) completes at least five years of active service as an active member of the municipal fire department to which the relief association is associated; (4) completes at least five years of active membership with the relief association before separation from active service; and (5) complies with any additional conditions as to age, service, and membership that are prescribed by the bylaws of the relief association. A service pension computed under this section may be prorated monthly for fractional years of service as the bylaws or articles of incorporation of the relief association so provide. The bylaws or articles of incorporation may define a"month,"but the definition must require a calendar month to have at least 16 days of active service. If the bylaws or articles of incorporation do not define a"month," a"month"is a completed calendar month of active service measured from the member's date of entry to the same date in the subsequent month. The service pension earned by a volunteer firefighter under this chapter and the articles of incorporation and bylaws of the volunteer firefighters relief association may be paid whether or not the municipality or nonprofit firefighting corporation to which the relief association is associated qualifies for the receipt of fire state aid under chapter 69. (b)In the case of a member who has completed at least five years of active service as an active member of the fire department to which the relief association is associated on the date that the relief association is established and incorporated, the requirement that the member complete at least five years of active membership with the relief association before separation from active service may be waived by the board of trustees of the relief association if the member completes at least five years of inactive membership with the relief association before the date of the payment of the service pension. During the period of inactive membership, the member is not entitled to receive disability benefit coverage, is not entitled to receive additional service credit towards computation of a service pension, and is considered to have the status of a person entitled to a deferred service pension under subdivision 7. (c)No municipality or nonprofit firefighting corporation may delegate the power to take final action in setting a service pension or ancillary benefit amount or level to the board of trustees of the relief association or to approve in advance a service pension or ancillary benefit amount or level equal to the maximum amount or level that this chapter would allow rather than a specific dollar amount or level. Subd. 2. Nonforfeitable portion of service pension. (a) If the articles of incorporation or bylaws of a defined benefit relief association so provide, the relief association may pay a reduced service pension to a retiring member who has completed fewer than 20 years of service. The reduced service pension may be paid when the retiring member meets the minimum age and service requirements of subdivision 1. (b) The amount of the reduced service pension may not exceed the amount calculated by multiplying the service pension appropriate for the completed years of service as specified in the bylaws multiplied by the applicable nonforfeitable percentage of pension. (c)For a defined benefit volunteer firefighters relief association that pays a lump-sum service pension, a monthly benefit service pension, or a lump-sum service pension or a monthly benefit service pension as alternative benefit forms,the nonforfeitable percentage of pension amounts are as follows: Copyright©2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 424A.02 MINNESOTA STATUTES 2014 2 Completed Years of Service Nonforfeitable Percentage of Pension Amount 5 40 percent 6 44 percent 7 48 percent 8 52 percent 9 56 percent 10 60 percent 11 64 percent 12 68 percent 13 72 percent 14 76 percent 15 80 percent 16 84 percent 17 88 percent 18 92 percent 19 96 percent 20and thereafter 100 percent Subd. 3. Flexible service pension maximums. (a) Annually on or before August 1 as part of the certification of the financial requirements and minimum municipal obligation determined under section 424A.092, subdivision 4, or 424A.093, subdivision 5, as applicable,the secretary or some other official of the relief association designated in the bylaws of each defined benefit relief association shall calculate and certify to the governing body of the applicable municipality the average amount of available financing per active covered firefighter for the most recent three-year period.The amount of available financing includes any amounts of fire state aid received or receivable by the relief association,any amounts of municipal con- tributions to the relief association raised from levies on real estate or from other available revenue sources exclusive of fire state aid, and one-tenth of the amount of assets in excess of the accrued liabilities of the relief association calculated under section 424A.092, subdivision 2; 424A.093, subdivisions 2 and 4; or 424A.094, subdivision 2,if any. (b) The maximum service pension which the defined benefit relief association has authority to provide for in its bylaws for payment to a member retiring after the calculation date when the minimum age and service requirements specified in subdivision 1 are met must be determined using the table in paragraph (c)or(d),whichever applies. Copyright©2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 3 MINNESOTA STATUTES 2014 424A.02 (c) For a defined benefit relief association where the governing bylaws provide for a monthly service pension to a retiring member, the maximum monthly service pension amount per month for each year of service credited that may be provided for in the bylaws is the greater of the service pension amount provided for in the bylaws on the date of the calculation of the average amount of the available financing per active covered firefighter or the maximum service pension figure corresponding to the average amount of available financing per active covered firefighter: Minimum Average Amount of Maximum Service Pension Available Financing per Firefighter Amount Payable per Month for Each Year of Service $ ... $ .25 41 .50 81 1.00 122 1.50 162 2.00 203 2.50 243 3.00 284 3.50 324 4.00 365 4.50 405 5.00 486 6.00 567 7.00 648 8.00 729 9.00 810 10.00 891 11.00 972 12.00 1053 13.00 1134 14.00 1215 15.00 1296 16.00 1377 17.00 1458 18.00 1539 19.00 1620 20.00 1701 21.00 Copyright©2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 424A.02 MINNESOTA STATUTES 2014 4 1782 22.00 1823 22.50 1863 23.00 1944 24.00 2025 25.00 2106 26.00 2187 27.00 2268 28.00 2349 29.00 2430 30.00 2511 31.00 2592 32.00 2673 33.00 2754 34.00 2834 35.00 2916 36.00 2997 37.00 3078 38.00 3159 39.00 3240 40.00 3321 41.00 3402 42.00 3483 43.00 3564 44.00 3645 45.00 3726 46.00 3807 47.00 3888 48.00 3969 49.00 4050 50.00 4131 51.00 4212 52.00 4293 53.00 4374 54.00 Copyright©2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 5 MINNESOTA STATUTES 2014 424A.02 4455 55.00 4536 56.00 4617 57.00 4698 58.00 4779 59.00 4860 60.00 4941 61.00 5022 62.00 5103 63.00 5184 64.00 5265 65.00 5346 66.00 5427 67.00 5508 68.00 5589 69.00 5670 70.00 5751 71.00 5832 72.00 5913 73.00 5994 74.00 6075 75.00 6156 76.00 6237 77.00 6318 78.00 6399 79.00 6480 80.00 6561 81.00 6642 82.00 6723 83.00 6804 84.00 6885 85.00 6966 86.00 7047 87.00 7128 88.00 Copyright©2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 424A.02 MINNESOTA STATUTES 2014 6 7209 89.00 7290 90.00 7371 91.00 7452 92.00 7533 93.00 7614 94.00 7695 95.00 7776 96.00 7857 97.00 7938 98.00 8019 99.00 8100 100.00 any amount in excess of 8100 100.00 (d) For a defined benefit relief association in which the governing bylaws provide for a lump-sum service pension to a retiring member, the maximum lump-sum service pension amount for each year of service credited that maybe provided for in the bylaws is the greater of the service pension amount provided for in the bylaws on the date of the calculation of the average amount of the available financing per active covered firefighter or the maximum service pension figure corresponding to the average amount of available financing per active covered firefighter for the applicable specified period: Minimum Average Amount of Maximum Lump-Sum Service Available Financing per Firefighter Pension Amount Payable for Each Year of Service $ ... $ 10 11 20 16 30 23 40 27 50 32 60 43 80 54 100 65 120 77 140 86 160 97 180 108 200 Copyright©2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 7 MINNESOTA STATUTES 2014 424A.02 131 240 151 280 173 320 194 360 216 400 239 440 259 480 281 520 302 560 324 600 347 640 367 680 389 720 410 760 432 800 486 900 540 1000 594 1100 648 1200 702 1300 756 1400 810 1500 864 1600 918 1700 972 1800 1026 1900 1080 2000 1134 2100 1188 2200 1242 2300 1296 2400 1350 2500 1404 2600 1458 2700 Copyright©2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 424A.02 MINNESOTA STATUTES 2014 8 1512 2800 1566 2900 1620 3000 1672 3100 1726 3200 1753 3250 1780 3300 1820 3375 1834 3400 1888 3500 1942 3600 1996 3700 2023 3750 2050 3800 2104 3900 2158 4000 2212 4100 2265 4200 2319 4300 2373 4400 2427 4500 2481 4600 2535 4700 2589 4800 2643 4900 2697 5000 2751 5100 2805 5200 2859 5300 2913 5400 2967 5500 3021 5600 3075 5700 3129 5800 Copyright©2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 9 MINNESOTA STATUTES 2014 424A.02 3183 5900 3237 6000 3291 6100 3345 6200 3399 6300 3453 6400 3507 6500 3561 6600 3615 6700 3669 6800 3723 6900 3777 7000 3831 7100 3885 7200 3939 7300 3993 7400 4047 7500 4101 7600 4155 7700 4209 7800 4263 7900 4317 8000 4371 8100 4425 8200 4479 8300 4533 8400 4587 8500 4641 8600 4695 8700 4749 8800 4803 8900 4857 9000 4911 9100 4965 9200 Copyright©2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 424A.02 MINNESOTA STATUTES 2014 10 5019 9300 5073 9400 5127 9500 5181 9600 5235 9700 5289 9800 5343 9900 5397 10,000 any amount in excess of 5397 10,000 (e)For a defined benefit relief association in which the governing bylaws provide for a monthly benefit service pension as an alternative form of service pension payment to a lump-sum service pension, the maximum service pension amount for each pension payment type must be determined using the applicable table contained in this subdivision. (f)If a defined benefit relief association establishes a service pension in compliance with the applicable maximum contained in paragraph (c) or (d) and the minimum average amount of available financing per active covered firefighter is subsequently reduced because of a reduction in fire state aid or because of an increase in the number of active firefighters,the relief association may continue to provide the prior service pension amount specified in its bylaws,but may not increase the service pension amount until the minimum average amount of available financing per firefighter under the table in paragraph (c) or (d), whichever applies,permits. (g)No defined benefit relief association is authorized to provide a service pension in an amount greater than the largest applicable flexible service pension maximum amount even if the amount of available financing per firefighter is greater than the financing amount associated with the largest applicable flexible service pension maximum. (h)The method of calculating service pensions must be applied uniformly for all years of active service. Credit must be given for all years of active service except for caps on service credit if so provided in the bylaws of the relief association. Subd. 3a. Penalty for paying pension greater than applicable maximum. (a) If a defined benefit relief association pays a service pension greater than the maximum service pension associated with the applicable average amount of available financing per active covered firefighter under the table in subdivision 3,paragraph(c)or(d),whichever applies,the maximum service pension under subdivision 3,paragraph(f), or the applicable maximum service pension amount specified in subdivision 3, paragraph (g), whichever is less,the state auditor shall: (1) disqualify the municipality or the nonprofit firefighting corporation associated with the relief as- sociation from receiving fire state aid by making the appropriate notification to the municipality and the commissioner of revenue, with the disqualification applicable for the next apportionment and payment of fire state aid; and Copyright©2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 11 MINNESOTA STATUTES 2014 424A.02 (2)order the treasurer of the applicable relief association to recover the amount of the overpaid service pension or pensions from any retired firefighter who received an overpayment. (b) Fire state aid amounts from disqualified municipalities for the period of disqualifications under paragraph(a), clause (1),must be credited to the amount of fire insurance premium tax proceeds available for the next subsequent fire state aid apportionment. (c) The amount of any overpaid service pension recovered under paragraph (a), clause (2), must be credited to the amount of fire insurance premium tax proceeds available for the next subsequent fire state aid apportionment. (d)The determination of the state auditor that a relief association has paid a service pension greater than the applicable maximum must be made on the basis of the information filed by the relief association and the municipality with the state auditor under sections 69.011, subdivision 2, and 69.051, subdivision 1 or 1 a, whichever applies, and any other relevant information that comes to the attention of the state auditor. The determination of the state auditor is final.An aggrieved municipality,relief association,or person may appeal the determination under section 480A.06. Subd. 4. [Repealed,2009 c 169 art 10 s 58] Subd. 5. [Repealed, 1999 c 222 art 11 s 1] Subd. 6. [Repealed,2009 c 169 art 10 s 58] Subd. 7.Deferred service pensions.(a)A member of a defined benefit relief association is entitled to a deferred service pension if the member separates from active service and membership and has completed the minimum service and membership requirements in subdivision 1. The requirement that a member separate from active service and membership is waived for persons who have discontinued their volunteer firefighter duties and who are employed on a full-time basis under section 424A.015, subdivision 1. (b)The deferred service pension is payable when the former member reaches at least age 50,or at least the minimum age specified in the bylaws governing the relief association if that age is greater than age 50, and when the former member makes a valid written application. (c) A defined benefit relief association that provides a lump-sum service pension governed by sub- division 3 may,when its governing bylaws so provide,pay interest on the deferred lump-sum service pension during the period of deferral. If provided for in the bylaws, interest must be paid in one of the following manners: (1)at the investment performance rate actually earned on that portion of the assets if the deferred benefit amount is invested by the relief association in a separate account established and maintained by the relief association; (2)at the investment performance rate actually earned on that portion of the assets if the deferred benefit amount is invested in a separate investment vehicle held by the relief association; or (3) at an interest rate of up to five percent,compounded annually, as set by the board of trustees. (d) Any change in the interest rate set by the board of trustees under paragraph (c), clause (3), must be ratified by the governing body of the municipality served by the fire department to which the relief association is directly associated, or by the independent nonprofit firefighting corporation, as applicable. Copyright©2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 424A.02 MINNESOTA STATUTES 2014 12 (e) Interest under paragraph (c), clause (3), is payable beginning on the January 1 next following the date on which the deferred service pension interest rate as set by the board of trustees was ratified by the governing body of the municipality served by the fire department to which the relief association is directly associated, or by the independent nonprofit firefighting corporation, as applicable. (f) Unless the bylaws of a relief association that has elected to pay interest or additional investment performance on deferred lump-sum service pensions under paragraph (c) specifies a different interest or additional investment performance method, including the interest or additional investment performance period starting date and ending date,the interest or additional investment performance on a deferred service pension is creditable as follows: (1) for a relief association that has elected to pay interest or additional investment performance under paragraph(c),clause(1)or(3),beginning on the first day of the month next following the date on which the member separates from active service and membership and ending on the last day of the month immediately before the month in which the deferred member commences receipt of the deferred service pension; or (2) for a relief association that has elected to pay interest or additional investment performance under paragraph (c), clause (2), beginning on the date that the member separates from active service and membership and ending on the date that the separate investment vehicle is valued immediately before the date on which the deferred member commences receipt of the deferred service pension. (g) For a deferred service pension that is transferred to a separate account established and maintained by the relief association or separate investment vehicle held by the relief association,the deferred member bears the full investment risk subsequent to transfer and in calculating the accrued liability of the volunteer firefighters relief association that pays a lump-sum service pension,the accrued liability for deferred service pensions is equal to the separate relief association account balance or the fair market value of the separate investment vehicle held by the relief association. Subd. 8.Lump-sum service pensions;installment payments.(a)A defined benefit relief association, if the governing bylaws so provide,may pay, at the option of the intended recipient and in lieu of a single payment of a lump-sum service pension or survivor benefit,a lump-sum service pension or survivor benefit in installments. (b) The election of installment payments is irrevocable and must be made by the intended recipient in writing and filed with the secretary of the relief association no later than 30 days before the commencement of payment of the service pension or survivor benefit. The amount of the installment payments must be de- termined in any reasonable manner provided for in the governing bylaws,but the total amount of installment payments may not exceed the single payment service pension amount plus interest at an annual rate of five percent on the amount of delayed payments for the period during which payment was delayed. Subd. 8a. [Repealed,2009 c 169 art 10 s 58] Subd. 8b. [Repealed, 2009 c 169 art 10 s 58] Subd.9.Limitation on ancillary benefits.A defined benefit relief association,including any volunteer firefighters relief association governed by Laws 2013, chapter 111, article 5, sections 31 to 42, or any volunteer firefighters division of a relief association governed by chapter 424, may only pay ancillary Copyright©2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 13 MINNESOTA STATUTES 2014 424A.02 benefits which would constitute an authorized disbursement as specified in section 424A.05 subject to the following requirements or limitations: (1) with respect to a defined benefit relief association in which governing bylaws provide solely for a lump-sum service pension to a retiring member,or provide a retiring member the choice of either a lump-sum service pension or a monthly service pension and the lump-sum service pension was chosen, no ancillary benefit may be paid to any former member or paid to any person on behalf of any former member after the former member (i) terminates active service with the fire department and active membership in the relief association; and(ii)commences receipt of a service pension as authorized under this section; and (2) with respect to any defined benefit relief association, no ancillary benefit paid or payable to any member,to any former member,or to any person on behalf of any member or former member,may exceed in amount the total earned service pension of the member or former member. The total earned service pension must be calculated by multiplying the service pension amount specified in the bylaws of the relief association at the time of death or disability,whichever applies,by the years of service credited to the member or former member. The years of service must be determined as of(i)the date the member or former member became entitled to the ancillary benefit; or(ii)the date the member or former member died entitling a survivor or the estate of the member or former member to an ancillary benefit. The ancillary benefit must be calculated without regard to whether the member had attained the minimum amount of service and membership credit specified in the governing bylaws. For active members, the amount of a permanent disability benefit or a survivor benefit must be equal to the member's total earned service pension except that the bylaws of a defined benefit relief association may provide for the payment of a survivor benefit in an amount not to exceed five times the yearly service pension amount specified in the bylaws on behalf of any member who dies before having performed five years of active service in the fire department with which the relief association is affiliated. (3)(i)If a lump sum survivor or death benefit is payable under the articles of incorporation or bylaws, the benefit must be paid: (A)as a survivor benefit to the surviving spouse of the deceased firefighter; (B)as a survivor benefit to the surviving children of the deceased firefighter if no surviving spouse; (C) as a survivor benefit to a designated beneficiary of the deceased firefighter if no surviving spouse or surviving children; or (D)as a death benefit to the estate of the deceased active or deferred firefighter if no surviving children and no beneficiary designated. (ii) If there are no surviving children, the surviving spouse may waive, in writing,wholly or partially, the spouse's entitlement to a survivor benefit. (4)(i) If a monthly benefit survivor or death benefit is payable under the articles of incorporation or bylaws,the benefit must be paid: (A)as a survivor benefit to the surviving spouse of the deceased firefighter; (B) as a survivor benefit to the surviving children of the deceased firefighter if no surviving spouse; (C) as a survivor benefit to a designated beneficiary of the deceased firefighter if no surviving spouse or surviving children; or Copyright©2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 424A.02 MINNESOTA STATUTES 2014 14 (D)as a death benefit to the estate of the deceased active or deferred firefighter if no surviving spouse, no surviving children, and no beneficiary designated. (ii) If there are no surviving children, the surviving spouse may waive, in writing,wholly or partially, the spouse's entitlement to a survivor benefit. (iii) For purposes of this clause, if the relief association bylaws authorize a monthly survivor benefit payable to a designated beneficiary,the relief association bylaws may limit the total survivor benefit amount payable. (5) For purposes of this section, for a monthly benefit volunteer fire relief association or for a com- bination lump-sum and monthly benefit volunteer fire relief association where a monthly benefit service pension has been elected by or a monthly benefit is payable with respect to a firefighter, a designated ben- eficiary must be a natural person. For purposes of this section, for a lump-sum volunteer fire relief as- sociation or for a combination lump-sum and monthly benefit volunteer fire relief association where a lump- sum service pension has been elected by or a lump-sum benefit is payable with respect to a firefighter,a trust created under chapter 501B may be a designated beneficiary. If a trust is payable to the surviving children organized under chapter 501B as authorized by this section and there is no surviving spouse, the survivor benefit may be paid to the trust,notwithstanding a requirement of this section to the contrary. Subd. 9a. Postretirement increases. Notwithstanding any provision of general or special law to the contrary,a defined benefit relief association paying a monthly service pension may provide a postretirement increase to retired members and ancillary benefit recipients of the relief association if(1) the relief as- sociation adopts an appropriate bylaw amendment; and(2) the bylaw amendment is approved by the mu- nicipality pursuant to subdivision 10 and section 424A.093, subdivision 6. The postretirement increase is applicable only to retired members and ancillary benefit recipients receiving a service pension or ancillary benefit as of the effective date of the bylaw amendment. The authority to provide a postretirement increase to retired members and ancillary benefit recipients of a relief association contained in this subdivision su- persedes any prior special law authorization relating to the provision of postretirement increases. Subd. 9b. [Repealed, 2009 c 169 art 10 s 58] Subd. 10.Local approval of bylaw amendments;filing requirements.(a)Each defined benefit relief association to which this section applies must file a revised copy of its governing bylaws with the state auditor upon the adoption of any amendment to its governing bylaws by the relief association or upon the approval of any amendment to its governing bylaws granted by the governing body of each municipality served by the fire department to which the relief association is directly associated. Failure of the relief association to file a copy of the bylaws or any bylaw amendments with the state auditor disqualifies the municipality from the distribution of any future fire state aid until this filing requirement has been completed. (b) If the special fund of the relief association does not have a surplus over full funding under section 424A.092, subdivision 3, paragraph (c), clause (5), or 424A.093, subdivision 4, and if the municipality is required to provide financial support to the special fund of the relief association under section 424A.092 or 424A.093, no bylaw amendment which would affect the amount of, the manner of payment of, or the conditions for qualification for service pensions or ancillary benefits or disbursements other than admin- istrative expenses authorized under section 69.80 payable from the special fund of the relief association is effective until it has been ratified as required under section 424A.092, subdivision 6, or 424A.093, sub- division 6.If the special fund of the relief association has a surplus over full funding under section 424A.092, subdivision 3,or 424A.093,subdivision 4,and if the municipality is not required to provide financial support Copyright©2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 15 MINNESOTA STATUTES 2014 424A.02 to the special fund under this section, the relief association may adopt or amend without municipal rati- fication its articles of incorporation or bylaws which increase or otherwise affect the service pensions or ancillary benefits payable from the special fund if authorized under section 424A.092, subdivision 6, or 424A.093, subdivision 6. (c) If the relief association pays only a lump-sum pension, the financial requirements are to be de- termined by the board of trustees following the preparation of an estimate of the expected increase in the accrued liability and annual accruing liability of the relief association attributable to the change. If the relief association pays a monthly benefit service pension, the financial requirements are to be determined by the board of trustees following either an updated actuarial valuation including the proposed change or an estimate of the expected actuarial impact of the proposed change prepared by the actuary of the relief association.If a relief association adopts or amends its articles of incorporation or bylaws without municipal ratification under this subdivision,and,subsequent to the amendment or adoption,the financial requirements of the special fund under this section are such so as to require financial support from the municipality, the provision which was implemented without municipal ratification is no longer effective without municipal ratification, and any service pensions or ancillary benefits payable after that date must be paid only in ac- cordance with the articles of incorporation or bylaws as amended or adopted with municipal ratification. Subd. 11. [Repealed, 2000 c 461 art 16 s 13] Subd. 12.Transfer of service credit to new district.Notwithstanding the requirements of subdivision 1 or any other law, a member of a fire depai triient which is disbanded upon formation of a fire district to serve substantially the same geographic area, who serves as an active firefighter with the new district fire depai anent, and is a member of the district firefighters defined benefit relief association is entitled to a nonforfeitable service pension from the new relief association upon completion of a combined total of 20 years active service in the disbanded and the new depai trnents. The amount of the service pension is based upon years of service in the new department only and must be in an amount equal to the accrued liability for the appropriate years of service calculated in accordance with section 424A.092, subdivision 2. Subd. 13. Combined service pensions. (a) If the articles of incorporation or bylaws of the defined benefit relief associations so provide, a volunteer firefighter with credit for service as an active firefighter in more than one defined benefit volunteer firefighters relief association is entitled, when the applicable requirements of paragraph(b)are met and when otherwise qualified,to a prorated service credit from each relief association. (b)A volunteer firefighter receiving a prorated service pension under this subdivision must have a total amount of service credit of ten years or more, if the bylaws of every affected relief association do not specify only a five-year service vesting requirement, or five years or more, if the bylaws of every affected relief association require only a five-year service vesting requirement, as a member of two or more relief associations otherwise qualified. The member must have one year or more of service credit in each relief association.The prorated service pension must be based on the service pension amount in effect for the relief association on the date on which active volunteer firefighting services covered by that relief association terminate.To receive a service pension under this subdivision,the firefighter must become a member of the second or succeeding association and must give notice of membership to the prior association within two years of the date of termination of active service with the prior association. The notice must be attested to by the second or subsequent relief association secretary. History: 1979 c 201 s 12; 1980 c 607 art 15 s 11; 1981 c 224 s 208,209,274; 1982 c 421 s 3; 1982 c 460 s 8; 1982 c 465 s 7,8; 1983 c 219 s 6; 1983 c 286 s 21; 1983 c 289 s 114 subd 1; 1984 c 547 s 15; 1984 Copyright©2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 424A.02 MINNESOTA STATUTES 2014 16 c 655 art 1 s 92; 1985 c 261 s 8-10; 1Sp1985 c 7 s 35; 1987 c 372 art 1 s 22; 1988 c 668 s 9; 1988 c 709 art 7 s 2,3; 1989 c 319 art 10 s 3-6; 1990 c 570 art 14 s 1; 1993 c 244 art 1 s 1-3; art 3 s 1; 1996 c 438 art 8 s 4; 1997 c 203 art 6 s 92; 1997 c 241 art 6 s 1; art 10 s 5; 2000 c 461 art 15 s 5-9; 2002 c 392 art 13 s 1; 1Sp2003 c 12 art 12 s 1; 2004 c 267 art 14 s 1,2,5; 2005 c 164 s 29; 1Sp2005 c 7 s 28; 1Sp2005 c 8 art 9 s 10-12; 2006 c 271 art 13 s 3; 2008 c 277 art 1 s 83; 2008 c 349 art 14 s 8-10; 2009 c 169 art 10 s 24-35; 2010 c 359 art 13 s 9,10; 2010 c 382 s 73,87; 2012 c 286 art 12 s 13-15; 2013 c 111 art 5 s 78,80; art 6s9; 2014 c 275 art 2 s 18; 2014 c 296 art 12 s 9,10 Copyright©2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- RESOLUTION SUPPORTING THE EDEN PRAIRIE FIRE RELIEF ASSOCIATION BOARD OF DIRECTORS' EFFORTS TO SEEK LEGISLATION REMOVING OR INCREASING THE LUMP SUM PENSION PAYOUT CAP OF $10,000 WHEREAS MN Statute 424A.02 Subd. 3(d) sets a lump sum pension payout cap of $10,000 for Fire Relief Association retirees; and WHEREAS, eliminating or increasing the cap would allow Eden Prairie Fire Relief Association to consider raising lump sum payouts to more closely match monthly defined benefits; and WHEREAS, such a change in the lump sum payout cap would encourage more retirees to consider choosing the lump sum payout; and WHEREAS,having more retirees choose the lump sum payout would help reduce Fire Relief Associations' total plan liability over the long term. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, that the City Council hereby supports the efforts of the Eden Prairie Fire Relief Association Board of Trustees to seek legislation removing or increasing the lump sum pension payout cap of$10,000. Adopted by the City Council of the City of Eden Prairie, Minnesota this 20th day of January, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Reports of the Parks &Recreation Director January 20, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.1. Jay Lotthammer, Director, Special Events Update Parks and Recreation Requested Action This is an informational item. No action is required. Synopsis Jay Lotthammer will provide a PowerPoint update on City-wide special events. AGENDA CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, JANUARY 20, 2015 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra- Lukens, Council Members Brad Aho, Ron Case, Sherry Butcher Wickstrom, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Finance Director Sue Kotchevar and Recorder Jan Curielli I. ROLL CALL /CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON DECEMBER 2, 2014 III. ADOPT RESOLUTION ADOPTING MODIFIED TAX INCREMENT FINANCING PLAN FOR DISTRICT NO. 16 (LINCOLN PARC APARTMENTS) IV. ADOPT RESOLUTION ADOPTING MODIFIED TAX INCREMENT FINANCING PLAN FOR DISTRICT NO. 17 (ROLLING HILLS SENIOR HOUSING/THE COLONY) V. ADJOURNMENT ITEM NO.: HRA I. UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,DECEMBER 2, 2014 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair 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 HRA MEETING TO ORDER Chair Tyra-Lukens called the meeting to order at 7:01 PM. Council Member Aho was absent. II. APPROVE MINUTES OF HRA MEETING HELD ON SEPTEMBER 2, 2014 MOTION: Nelson moved, seconded by Case, to approve the minutes of the HRA meeting held September 2, 2014. Motion carried 4-0. III. ADOPT RESOLUTION HRA NO. 2014-06 CERTIFYING THE 2015 HRA PROPERTY TAX LEVY TO BE $200,000 AND APPROVING THE 2015 HRA BUDGET OF $200,000 Getschow said the HRA and the City Council need to certify the property tax levy and budget at the last meeting of the year. The preliminary levy and budget was set at $200,000 in September and cannot be increased. He noted the HRA property tax goes to support housing programs that are part of our HRA and the first time home buyer and rehabilitation programs. Staff is asking the HRA to set the same amount as the preliminary levy and budget, or$200,000. MOTION: Butcher Wickstrom moved, seconded by Nelson, to adopt Resolution HRA No. 2014-06 certifying the 2015 Property Tax levy to be $200,000 and approving the 2015 Budget of$200,000 as reviewed by the Council. Motion carried 4-0. IV. ADOPT RESOLUTION HRA NO. 2014-07 DIRECTING PREPARATION OF A MODIFICATION TO THE TIF PLAN FOR TIF DISTRICT (QUALIFIED HOUSING) DISTRICT 16 AND REQUESTING THAT THE CITY OF EDEN PRAIRIE HOLD A PUBLIC HEARING ON THE MODIFICATION OF THE TIF PLAN Getschow said this item and the next item are concerned with two TIF districts, District 16 and 17. Staff is asking that the TIF plans be modified for the two districts and that public hearings be scheduled for January 21, 2015 to consider modification of the plans to HOUSING AND REDEVELOPMENT DATE: AUTHORITY AGENDA January 20, 2015 DEPARTMENT: ITEM DESCRIPTION: HRA ITEM NO.: II. Janet Jeremiah, Community Resolution Adopting Modified Tax Increment Development Director Financing Plan, District No. 16—Lincoln Parc Molly Koivumaki, Manager, Apartments Housing and Community Services Requested Action Move to: Adopt the Resolution Adopting Modified Tax Increment Financing Plan, District No. 16. Synopsis Tax Increment Financing District No. 16 was established in 1999 in order to provide 140 affordable housing units to tenants living at Lincoln Parc for a term of 15 years. The City, the HRA, and the developer, Lincoln Parc Apartments, LLC, have agreed to extend the term of the affordable units through the year 2027, or 25 years from when the first tax increment was collected from the district, which is the maximum allowed by statute. The Modified TIF Plan for District No. 16 increases the budget for the District to facilitate reimbursement of additional developer-incurred project costs associated with continuing to provide the affordable units for the full 25-year term. Background Lincoln Parc is a 186-unit apartment building located on Singletree Lane near the intersection of Flying Cloud Drive. The project is part of Tax Increment Financing District No. 16 created in 1999 to help subsidize 20% of the total units for tenants with incomes below 50% of the median income for the metro area, and 55% of the total units for tenants with incomes below 80% of the median income for the metro area. Attachment Resolution HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA H.R.A. RESOLUTION NO. 2015 - RESOLUTION ADOPTING MODIFIED TAX INCREMENT FINANCING PLAN,DISTRICT NO. 16. WHEREAS, it has been proposed by the Board of Commissioners (the "Board") of the Eden Prairie Housing and Redevelopment Authority (the "HRA") and the City of Eden Prairie (the "City") that the City modify Tax Increment Financing District No. 16 (the "TIF District"), which is located in Redevelopment Project No. 5 (the "Project Area"), and adopt a modified Tax Increment Financing Plan (the "TIF Plan") therefor (the "TIF Plan Modification"), all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 to 469.047, and Sections 469.174 to 469.1794, inclusive, as amended (the "Act"), all as reflected in the TIF Plan Modification and presented for the Board's consideration; and WHEREAS, Tax Increment from the TIF District has been used to pay for certain development costs and to provide affordable housing units at Lincoln Parc Apartments. The Modification will allow the City and HRA to extend the term of the affordability of 140 units from 15 to 25 years; and WHEREAS, the HRA has investigated the facts relating to the TIF Plan Modification and has caused the Modification to be prepared; and WHEREAS, the HRA has performed all actions required by law to be performed prior to the adoption of the TIF Plan Modification, and has also requested that the Council schedule a public hearing on the TIF Plan Modification upon published notice as required by law. NOW, THEREFORE, BE IT RESOLVED by the Board as follows: 1. The HRA hereby finds that the TIF Plan Modification is intended and, in the judgment of this Board, the effect of such actions will be, to provide an impetus for development in the public purposes and accomplish certain objectives as specified in the TIF Plan Modification, which are hereby incorporated herein. 2. The HRA further finds that the TIF Plan Modification will afford maximum opportunity, consistent with the sound needs for the City as a whole, for the development or redevelopment of the Project Area by private enterprise in that the intent is to provide only that public assistance necessary to make the provision of affordable housing by a private developer financially feasible. 3. The boundaries of the Project Area and the TIF District are not being expanded. 4. The reasons and facts supporting the findings in this resolution are described in the TIF Plan, the TIF Plan Modification, and City Council Resolution 2015 - HOUSING AND REDEVELOPMENT DATE: AUTHORITY AGENDA January 20, 2015 DEPARTMENT: ITEM DESCRIPTION: HRA ITEM NO.: III. Janet Jeremiah, Community Resolution Adopting Modified Tax Increment Development Director Financing Plan, District No. 17—Rolling Hills Molly Koivumaki, Manager, Senior Housing/The Colony Housing and Community Services Requested Action Move to: Adopt the Resolution Adopting Modified Tax Increment Financing Plan, District No. 17. Synopsis Tax Increment Financing District No. 17 was established in 2001 in order to provide 115 affordable housing units to seniors living at The Colony at Eden Prairie (formerly known as Rolling Hills Senior Housing) for a term of 10 years from the date of the first year of full tax increment. The City, the HRA, and the developer, SE Rolling Hills, LLC, have agreed to extend the term of the affordable units through the year 2028, or 25 years from when the first tax increment was collected from the district, which is the maximum allowed by statute. The Modified TIF Plan for District No. 17 increases the budget for the District to facilitate reimbursement of additional developer-incurred project costs associated with continuing to provide the affordable units for the full 25-year term. Background The Colony is a 142 unit/bed facility for the care of the elderly consisting of independent living units, assisted care units, and Alzheimer's/dementia care beds located on Prairie Center Drive just south of Eden Prairie Center. The project is part of Tax Increment Financing District No. 17 created in 2001 to help subsidize 20% of the total units for tenants with incomes below 50% of the median income for the metro area, and 60% of the total units for tenants with incomes below 110% of the median income for the metro area. Attachment Resolution TIF Plan Modification HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA H.R.A. RESOLUTION NO. 2015- _ RESOLUTION ADOPTING MODIFIED TAX INCREMENT FINANCING PLAN,DISTRICT NO. 17 WHEREAS, it has been proposed by the Board of Commissioners (the "Board") of the Eden Prairie Housing and Redevelopment Authority (the "HRA") and the City of Eden Prairie (the "City") that the City modify Tax Increment Financing District No. 17 (the "TIF District"), which is located in Redevelopment Project No. 5 (the "Project Area"), and adopt a modified Tax Increment Financing Plan (the "TIF Plan") therefor (the "TIF Plan Modification"), all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 to 469.047, and Sections 469.174 to 469.1794, inclusive, as amended (the "Act"), all as reflected in the TIF Plan Modification and presented for the Board's consideration; and WHEREAS, Tax Increment from the TIF District has been used to pay for certain development costs and to provide affordable housing units at Rolling Hills Senior Housing/The Colony. The TIF Plan Modification will allow the City and HRA to extend the term of the affordability of 115 units from 10 to 25 years; and WHEREAS, the HRA has investigated the facts relating to the TIF Plan Modification and has caused the TIF Plan Modification to be prepared; and WHEREAS, the HRA has performed all actions required by law to be performed prior to the adoption of the TIF Plan Modification, and has also requested that the Council schedule a public hearing on the TIF Plan Modification upon published notice as required by law. NOW, THEREFORE, BE IT RESOLVED by the Board as follows: 1. The HRA hereby finds that the TIF Plan Modification is intended and, in the judgment of this Board, the effect of such actions will be, to provide an impetus for development in the public purposes and accomplish certain objectives as specified in the TIF Plan Modification, which are hereby incorporated herein. 2. The HRA further finds that the TIF Plan Modification will afford maximum opportunity, consistent with the sound needs for the City as a whole, for the development or redevelopment of the Project Area by private enterprise in that the intent is to provide only that public assistance necessary to make the provision of affordable housing by a private developer financially feasible. 3. The boundaries of the Project Area and the TIF District are not being expanded. 4. The reasons and facts supporting the findings in this resolution are described in the TIF Plan, the TIF Plan Modification, and City Council Resolution 2015 - 5. Conditioned upon the approval thereof by the City Council following its public hearing thereon, the TIF Plan Modification is hereby approved in substantially the form presented to the HRA on this date, subject to revisions that are approved by legal counsel to the extent necessary in order to comply with the Act. 6. Upon approval of the TIF Plan Modification by the City Council, the staff, the HRA's advisors and legal counsel are authorized and directed to proceed with the implementation of the TIF Plan Modification and for this purpose to negotiate, draft, prepare and present to this Board for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. Approval of the TIF Plan Modification does not constitute approval of any project or a development agreement with any developer. 7. Upon approval of the TIF Plan Modification by the City Council, the Executive Director is authorized and directed to forward a copy of the TIF Plan Modification to the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a. 8. The HRA hereby pledges, transfers, grants and assigns to City all of its right, title and interest in the Tax Increments generated and received from Tax Increment District No. 17 for use by City in accordance with the terms of the TIF Plan Modification. Approved and adopted by the Board of Commissioners of the Eden Prairie Housing and Redevelopment Authority this 20th day of January, 2015. Nancy Tyra-Lukens, Chair ATTEST: SEAL Rick Getschow, Executive Director 2 5. Conditioned upon the approval thereof by the City Council following its public hearing thereon, the TIF Plan Modification is hereby approved in substantially the form presented to the HRA on this date, subject to revisions that are approved by legal counsel to the extent necessary in order to comply with the Act. 6. Upon approval of the TIF Plan Modification by the City Council, the staff, the HRA's advisors and legal counsel are authorized and directed to proceed with the implementation of the TIF Plan Modification and for this purpose to negotiate, draft, prepare and present to this Board for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. Approval of the TIF Plan Modification does not constitute approval of any project or a development agreement with any developer. 7. Upon approval of the TIF Plan Modification by the City Council, the Executive Director is authorized and directed to forward a copy of the TIF Plan Modification to the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a. 8. The HRA hereby pledges, transfers, grants and assigns to City all of its right, title and interest in the Tax Increments generated and received from Tax Increment District No. 16 for use by City in accordance with the terms of the Modification. Approved and adopted by the Board of Commissioners of the Eden Prairie Housing and Redevelopment Authority this 20th day of January, 2015. Nancy Tyra-Lukens, Chair ATTEST: SEAL Rick Getschow, Executive Director 2 HRA MINUTES December 2,2014 Page 2 consider extension of the districts that may expire at the end of next year. We have taken similar action to extend other TIF districts. The modification would extend the districts for possibly up to ten years to continue to allow the housing units to remain affordable. Tonight's action for both items is to direct staff to prepare modifications to the two plans and then hold public hearings in 2015. MOTION: Case moved, seconded by Butcher Wickstrom, to adopt Resolution HRA No. 2014-07 directing preparation of a modification to the Tax Increment Financing Plan for TIF (Qualified Housing) District 16 and requesting that the City of Eden Prairie hold a public hearing on the modification of the TIF Plan. Motion carried 4-0. V. ADOPT RESOLUTION HRA NO. 2014-08 DIRECTING PREPARATION OF A MODIFICATION TO THE TIF PLAN FOR TIF DISTRICT (QUALIFIED HOUSING)DISTRICT 17 AND REQUESTING THAT THE CITY OF EDEN PRAIRIE HOLD A PUBLIC HEARING ON THE MODIFICATION OF THE TIF PLAN MOTION: Nelson moved, seconded by Case, to adopt Resolution HRA No. 2014-08 directing preparation of a modification to the Tax Increment Financing Plan for TIF (Qualified Housing) District 17 and requesting that the City of Eden Prairie hold a public hearing on the modification of the TIF Plan. Motion carried 4-0. VI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Case, to adjourn the HRA meeting. Motion carried 4-0. Chair Tyra-Lukens adjourned the HRA meeting at 7:06 PM.