HomeMy WebLinkAboutCity Council - 02/03/2015
AGENDA
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, FEBRUARY 3, 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
I. EMERGENCY OPERATIONS PLAN – CHIEF ESBENSEN
Open Podium - Council Chamber
II. OPEN PODIUM
III. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, FEBRUARY 3, 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. EDEN PRAIRIE FTC ROBOTICS TEAM
B. CERT-CSU PROGRAM
C. PUTNAM OSTENSON LAND DONATION (Resolution)
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 20, 2015
B. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 20, 2015
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LICENSE LIST
B. APPROVE PURCHASE OF 2015 78’ QUINT LADDER TRUCK FROM E-
ONE
C. AWARD CONTRACT FOR TENNIS AND BASKETBALL COURT
RECONSTRUCTION AT FRANLO PARK TO MINNESOTA ROADWAYS
COMPANY
D. APPROVE SUBORDINATE FUNDING AGREEMENT 01 FOR TOWN
CENTER NORTH-SOUTH ROAD WITH METROPOLITAN COUNCIL
FOR THE SOUTHWEST LIGHT RAIL TRANSIT PROJECT
CITY COUNCIL AGENDA
February 3, 2015
Page 2
E. APPROVE SUBORDINATE FUNDING AGREEMENT 02 FOR GOLDEN
TRIANGLE TRAIL WITH METROPOLITAN COUNCIL FOR THE
SOUTHWEST LIGHT RAIL TRANSIT PROJECT
F. APPROVE SUBORDINATE FUNDING AGREEMENT 03 FOR
SOUTHWEST STATION TRAIL WITH METROPOLITAN COUNCIL
FOR THE SOUTHWEST LIGHT RAIL TRANSIT PROJECT
G. APPROVE SUBORDINATE FUNDING AGREEMENT 04 FOR THE
TECHNOLOGY DRIVE EXTENSION WITH METROPOLITAN
COUNCIL FOR THE SOUTHWEST LIGHT RAIL TRANSIT PROJECT
H. APPROVE SUBORDINATE FUNDING AGREEMENT 05 FOR
LOCALLY REQUESTED CAPITAL IMPROVEMENT
ENVIRONMENTAL DOCUMENTATION WITH METROPOLITAN
COUNCIL FOR THE SOUTHWEST LIGHT RAIL TRANSIT PROJECT
I. APPROVE RELEASES OF AGREEMENTS REGARDING SPECIAL
ASSESSMENTS NO. 02-08 AND NO. 02-09
IX. PUBLIC HEARINGS / MEETINGS
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE
CHAPTER 5 RELATING TO REGULATION OF PEDDLERS,
SOLICITERS AND TRANSIENT MERCHANTS
B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE
CHAPTER 9 BY ADDING SECTION 9.17 RELATING TO POINT OF SALE
INSPECTIONS
C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE
CHAPTER 5 BY ADDING SECTION 5.76 RELATING TO THE
REGULATION OF INDEPENDENT EVALUATORS
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
CITY COUNCIL AGENDA
February 3, 2015
Page 3
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
ANNOTATED AGENDA
DATE: February 3, 2015
TO: Mayor and City Council
FROM: Rick Getschow, City Manager
RE: City Council Meeting for Tuesday, January 20, 2015
___________________________________________________________________________________________
TUESDAY, FEBRUARY 3, 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. EDEN PRAIRIE FTC ROBOTICS TEAM
Members of the Robotics Team, Eden Prairie middle school students,
will show a 1-minute video their group produced, display their robot
and provide information about the program.
B. CERT-CSU PROGRAM
The Eden Prairie CERT-CSU program trains community members to
support community disaster recovery and outreach/prevention
activities with culturally specific languages and cultural insight.
Assistant Chief Rik Berkbigler will provide an overview of the progam.
C. PUTNAM OSTENSON LAND DONATION (Resolution)
Synopsis: City staff has been approached by Mr. Putnam with the offer to gift to
the City Outlot D, Westover Woods. This outlot is located adjacent to the trail
crossing under Anderson Lakes Parkway where Purgatory Creek flows under the
road. Staff recommends acceptance of the gift due to the benefit of expanding the
width and buffer of the trail corridor.
ANNOTATED AGENDA
February 3, 2015
Page 2
The City Attorney has prepared a donation agreement that has been accepted and
signed by the gifting parties. In addition, the City would receive a Warranty Deed
as a part of the land transaction.
MOTION: Move to: Adopt the Resolution accepting the gift to the City
of Outlot D, Westover Woods, Hennepin County, Minnesota from
James L. Ostenson, Patrice E. Ostenson, Richard A. Putnam and Janet L.
Putnam.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Move to approve the agenda.
VI. MINUTES
MOTION: Move to approve the following City Council minutes:
A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 20, 2015
B. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 20, 2015
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
MOTION: Move approval of items A-H on the Consent Calendar.
A. CLERK’S LICENSE LIST
B. APPROVE PURCHASE OF 2015 78’ QUINT LADDER TRUCK FROM E-
ONE
C. AWARD CONTRACT FOR TENNIS AND BASKETBALL COURT
RECONSTRUCTION AT FRANLO PARK TO MINNESOTA ROADWAYS
COMPANY
D. APPROVE SUBORDINATE FUNDING AGREEMENT 01 FOR TOWN
CENTER NORTH-SOUTH ROAD WITH METROPOLITAN COUNCIL
FOR THE SOUTHWEST LIGHT RAIL TRANSIT PROJECT
E. APPROVE SUBORDINATE FUNDING AGREEMENT 02 FOR GOLDEN
TRIANGLE TRAIL WITH METROPOLITAN COUNCIL FOR THE
SOUTHWEST LIGHT RAIL TRANSIT PROJECT
F. APPROVE SUBORDINATE FUNDING AGREEMENT 03 FOR
SOUTHWEST STATION TRAIL WITH METROPOLITAN COUNCIL FOR
THE SOUTHWEST LIGHT RAIL TRANSIT PROJECT
ANNOTATED AGENDA
February 3, 2015
Page 3
G. APPROVE SUBORDINATE FUNDING AGREEMENT 04 FOR THE
TECHNOLOGY DRIVE EXTENSION WITH METROPOLITAN COUNCIL
FOR THE SOUTHWEST LIGHT RAIL TRANSIT PROJECT
H. APPROVE SUBORDINATE FUNDING AGREEMENT 05 FOR LOCALLY
REQUESTED CAPITAL IMPROVEMENT ENVIRONMENTAL
DOCUMENTATION WITH METROPOLITAN COUNCIL FOR THE
SOUTHWEST LIGHT RAIL TRANSIT PROJECT
I. APPROVE RELEASES OF AGREEMENTS REGARDING SPECIAL
ASSESSMENTS NO. 02-08 AND NO. 02-09
IX. PUBLIC HEARINGS / MEETINGS
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER
5 RELATING TO REGULATION OF PEDDLERS, SOLICITERS AND
TRANSIENT MERCHANTS
Synopsis: The regulation of peddlers, solicitors and transient merchants is
problematic as it must balance the protection of residents with the Constitutional
protections of speech, expression and religion. The City Attorney recommended
updating the City’s Code section addressing these activities to ensure compliance
with the current laws. Working with the Police Department the City Attorney has
drafted the attached ordinance. The revisions to the ordinance include:
• Adding definitions for “Chief of Police”, “City Clerk”, “City Manager”, “Non-
Commercial Door-to-Door Advocate”, “Permit Activities”, and “Person”;
• Requiring that each person engaging in peddling or soliciting type activities
must obtain a permit;
• Updating those who are exempt from the permit requirement including: (i)
updating the statutory and federal exemptions; (ii) creating an exemption for
non-commercial door-to-door advocates; and (iii) creating a limited exemption
for organizations whose activities are for the benefit of children;
• Revising the application process by requiring the application be on the form
provided by the City instead of specific application requirements, moving the
fee to the City fee schedule, and adding a fee exemption for those involved in
interstate commerce.
• Revising the investigation and issuance process by removing the specific time
limits and inserting a “reasonable” period of time, detailing how a permit will
be issued if the investigation is acceptable, adding specific justification for
denial of a permit including failure to complete or sign application, failure to
pay fee, conviction within last 5 years, revocation of permit within last 5 years,
denial of permit within last year, business reputation, and compliance with
regulations;
• Adding a procedure to appeal denial of a permit;
ANNOTATED AGENDA
February 3, 2015
Page 4
• Adding a section prohibiting non-permit holders from accompanying permit
holders, requiring the carrying of the permit, setting the expiration of the permit,
requiring that the permit be returned upon expiration, and requiring issuance of
a receipt;
• Adding a section restricting the conduct of all those engaged in peddling or
soliciting type activities including regulations relating to noise, entrance on
private and City property, time restrictions, misleading statements, obstructing
traffic, and offensive or threatening activities;
• Adding procedures for revocation or suspension of a permit, emergency
revocation or suspension, and appeal; and
• Adding a penalty section detailing that violations constitute a misdemeanor and
can result in loss of a permit.
MOTION: Move to approve the first reading of an ordinance amending
City Code Chapter 5 by amending Section 5.37 relating to the regulation
of peddlers, solicitors and transient merchants.
B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 9
BY ADDING SECTION 9.17 RELATING TO POINT OF SALE INSPECTIONS
Synopsis: The Ordinance creates an inspection program for residential dwelling
units listed for sale. Prior to the listing for sale of a residential dwelling unit, the
owner must arrange for an inspection by either the City Building Official or a
licensed Independent Evaluator. After the inspection the owner receives and must
conspicuously display a report detailing the inspection and identifying any
deficiencies in the dwelling unit. The inspection report must also be provided to the
buyer. The Ordinance requires that deficiencies be repaired by the owner prior to
sale and/or occupancy or in certain circumstances may be performed by the buyer.
The Ordinance also requires that the Building Official receive copies of all
inspection reports.
The purpose of the adoption of a point of sale inspection ordinance is to enhance the
supply of safe, sanitary and adequate housing and to prevent the deterioration of the
overall housing stock of the City, thereby protecting the general health, safety, and
public welfare of our residents. Last year 1,545 homes were listed for sale in Eden
Prairie.
MOTION: Move to approve the first reading of an ordinance
amending City Code Chapter 9 by adding Section 9.17 relating to Point
of Sale inspections.
C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER
5 BY ADDING SECTION 5.76 RELATING TO THE REGULATION OF
INDEPENDENT EVALUATORS
ANNOTATED AGENDA
February 3, 2015
Page 5
Synopsis: The Ordinance provides licensing for the Independent Evaluators who will
be performing Point of Sale inspections and preparing reports pursuant to proposed
City Code Section 9.17. The licensing relies on the testing and certification
performed by the City of Minneapolis and/or the City of Bloomington.
MOTION: Move to approve the first reading of an ordinance
amending City Code Chapter 5 by adding Section 5.76 relating to the
regulation of Independent Evaluators.
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.
CITY COUNCIL AGENDA
SECTION: Proclamations and Presentations
DATE:
February 3, 2015
DEPARTMENT/DIVISION:
Jay Lotthammer, Director,
Parks and Recreation
ITEM DESCRIPTION:
Putnam Ostenson Land Donation
ITEM NO.: IV.C.
Requested Action
Move to: Adopt the Resolution accepting the gift to the City of Outlot D, Westover Woods,
Hennepin County, Minnesota from James L. Ostenson, Patrice E. Ostenson, Richard A. Putnam
and Janet L. Putnam.
Synopsis
City staff has been approached by Mr. Putnam with the offer to gift to the City Outlot D,
Westover Woods. This outlot is located adjacent to the trail crossing under Anderson Lakes
Parkway where Purgatory Creek flows under the road. Staff is recommending acceptance of the
gift due to the benefit of expanding the width and buffer of the trail corridor.
The City Attorney has prepared a donation agreement that has been accepted and signed by the
gifting parties. In addition, the City would receive a Warranty Deed as a part of the land
transaction.
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 Outlot D, Westover Woods, Hennepin County, Minnesota from James
L. Ostenson, Patrice E. Ostenson, Richard A. Putnam and Janet L. Putnam is hereby
recognized and accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 3rd day of February, 2015.
___________________________
Nancy Tyra-Lukens, Mayor
ATTEST:
___________________________
Kathleen Porta, City Clerk
UNAPPROVED MINUTES
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, City Engineer Rod Rue, Community Development Director Janet Jeremiah, Parks and
Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric
Rosow, and Recorder Lorene McWaters
Workshop - Heritage Room II
I. COMMISSION WORK PLANS
A. CONSERVATION COMMISSION
Conservation Commission Chair Greg Olson reviewed the commission’s 2014
activities and work plan for 2015. The commission plans to recommend best practices
for energy conservation in Eden Prairie by continuing to provide recommendations on
the GreenStep Cities program as the requirements for attaining Step 4 are finalized.
They will also study the Regional Indicators initiative and the recommendations of
that program. They plan to celebrate the end of the 20-40-15 program and support the
successor to that program. They will monitor and track the sustainability features of
the Eden Gardens development. In addition, they plan to recommend ways to develop
a comprehensive recycling and reuse program that will include recommendations on
organic waste collection, possibly by setting up a drop-off location for organic waste.
As part of their promotion of water conservation, they plan to promote and encourage
native landscaping and the infiltration of water resources. They will meet with the
three Watershed Districts to learn more about their recommendations and programs.
Nelson said she would like to see commission members keep track of conservation
best practices other cities are putting into effect that may provide new ideas.
Case would like to see some of the items on the plan prioritized and would like the
Commission to advise on a successor program for 20-40-15. He noted the Council
could use assistance in helping the three Watershed Districts remain consistent. He
commented he has always wanted Eden Prairie to promote more native landscaping
and would encourage our continuing to model that for the public.
Tyra-Lukens was pleased to see that the commission plans to track the sustainable
features of the Eden Gardens project. She noted mayors of other cities are very
interested in that program. It would be good to document sustainability features of
that development. Case suggested establishing a focus group.
ITEM NO.: VI.A.
City Council Workshop Minutes
January 20, 2015
Page 2
B. FLYING CLOUD AIRPORT ADVISORY COMMISSION
Flying Cloud Airport Advisory Commission Vice Chair Keith Tschohl reviewed the
commission’s 2014 activities and 2015 work plan. Tschohl said the commission’s
goals for 2015 will fall into four main areas: monitoring the Final Agreement with
MAC; providing education and information about the airport; addressing matters as
directed by the City Council; and working with City staff and MAC to reduce noise
and improve the appearance of the airport. The Commission will monitor the Letter of
Agreement generated in December 2014 following an open forum held for residents,
businesses and airport management to discuss concerns about helicopter training
operations. They plan to reorganize the website, present a biannual review of security
at the airport, and make their annual tour of the airport. Tschohl also reviewed a
summary of 2014 noise complaints and displayed a map showing the location of the
complaints. There were 5328 noise complaints in 2014, compared to 5156 in 2013.
He noted fewer households filed complaints in 2014; however, once again 63% of the
noise complaints came from a single household.
Case noted he made his first noise complaint call this year when a helicopter came
over his house more than 15 times one day. Tschohl said the tower tries to split the
location of the flights if they can. Case said the Final Agreement called for traffic to
go down a certain distance from residential areas, but he did not think we were
dealing with helicopters at the time the agreement was made.
Nelson asked if attempts have been made to contact the very dissatisfied households.
Mike Wells, Flying Cloud Airport Manager, said MAC contacts every first-time
complainant. Complainants can also request calls at the time they enter the complaint
on the website. Fire Chief Esbensen said Jennifer Lewis is in charge of noise
complaints at MAC and she reports at every Commission meeting.
C. HERITAGE PRESERVATION COMMISSION
Heritage Preservation Commission Chair Ed Muehlberg reviewed the commission’s
2014 activities and 2015 work plan. Muehlberg said their focus this year will be on
public awareness, information and signage. CLG grant funds will be used to install
interpretive signage and Legacy Grant funds will be used for the Riley-Jacques
Interpretative Plan. They plan to explore other grant opportunities this year and to
continue the work at Riley-Jacques. They want to review and update the historical
resource inventory files. They would like to establish an on-going preservation award
in the City. They will have joint meetings with the Historical Society and the Parks
and Recreation Commission. They will coordinate with the IT Department on
updating the GIS maps.
Nelson suggested copies of the new signs be put online. Muehlberg said that is part of
the plan to add more links and connections to the graphics.
Case said it would be interesting to have historical maps similar to the map done by
the Park and Recreation Department for parks information. It could include
City Council Workshop Minutes
January 20, 2015
Page 3
information on sites and kiosks with directions to those places. He said he appreciated
the commission's wanting to update our inventory because we are losing our
historical properties. He suggested the commission partner with the Historical Society
on their project to document stories from another generation of Eden Prairie residents.
Butcher Wickstrom suggested having a history of Eden Prairie online and
highlighting some of the earlier neighborhoods in the City. Case agreed and noted
The Preserve was the first large-scale PUD in Minnesota.
D. HUMAN RIGHTS & DIVERSITY COMMISSION
Human Rights & Diversity Commission Chair Sandra Filardo reviewed the
commission’s 2014 activities and 2015 work plan. The commission is currently
accepting nominations for the annual Human Rights Awards, which will be presented
in May. They plan to work to further the Eden Prairie Manifesto. They want to
promote education and dialogue about Muslim neighbors and will partner with
several different groups on programs during the year. They plan to work with Girl
Scout groups about issues of gender.
Tyra-Lukens asked about the effectiveness of their cinema series and if that was part
of a national program. Patricia Fenrick, staff advisor to the commission, said it was a
national program that was designed to be an opportunity to educate people on human
rights. Tyra-Lukens asked if that program will be continued this year. Filardo said it
will and they believe it will be more effective as they plan to partner with other
groups.
Nelson asked if the commission has looked at doing art from the various cultures and
countries of origin that are represented in Eden Prairie. Fenrick said they could
explore that area because they would like to tap the skills of the various groups.
Filardo noted this year they plan to explore cooking classes with the different groups.
Case suggested they explore partnering with the City's Art Center. He liked to see us
take advantage of opportunities to market our diversity. He suggested we find
individuals to tell a story and then publicize it because there are some amazing stories
among the various diverse groups in our community. Aho suggested capturing the
stories and putting them on our website.
E. PARKS, RECREATION & NATURAL RESOURCES COMMISSION
Parks, Recreation & Natural Resources Commission Chair Hutch Coburn reviewed
the commission’s 2014 activities and 2015 work plan. He reported the Aquatics and
Fitness Center expansion project is on track for a June 1 Phase 1 walk through and a
December 2 Phase 2 walk through. They expect that expanded facility to have a
significant impact on the community. This year development will begin on the Cedar
Hills neighborhood park, the last neighborhood park to be developed in the City. That
park will be uniquely situated in Eden Prairie and they hope to make it a showcase of
native flora and fauna. They will be involved in the SWLRT station area planning.
New registration software will be implemented in March.
City Council Workshop Minutes
January 20, 2015
Page 4
Tyra-Lukens said she was struck by the number of seniors coming to the Senior
Center from other communities. She thought it was important to keep them coming so
we can offer more programs. She asked if we monitor usage of the parks if there are
no fees involved. Lotthammer said the lifeguards make counts and the customer
relations leads check in on the various facilities.
Aho asked if we are still getting input on the arts now that we have integrated that
commission into the Parks Commission. Coburn believed that has been a positive
move. They had concept use of art at Round Lake and art will be especially important
for the SWLRT station planning.
Nelson would like to see a one-stop place for searching out facilities for various age
groups, especially those for very young children.
Case said the only parks-related complaint he received in 2014 was regarding the
process people must use to reserve the Riley Barn. He suggested we find a way to
make that process more fair. Lotthammer said the commission talked about rentals at
their last meeting and plan to move towards a November start date rather than
January. The software conversion may provide more online reservation potential.
They may also consider having a penalty for canceling at the last minute.
F. PLANNING COMMISSION
Planning Commission Chair Steven Frank reviewed the commission’s 2014 activities
and 2015 work plan. He noted this is the first time the commission has created a work
plan. He reviewed the broad goals for the commission to build knowledge of the
commission members to further optimize the planning process, and to ensure strong
coordination between the commission and the Eden Prairie strategic initiatives. They
plan to discuss design standards, provide input on the Transit Oriented Design (TOD)
ordinance, review the guidelines for the Town Center, review the Housing and
Economic Development strategic plan and have initial discussion around the 2018
Comprehensive Plan update. He noted their first priority is to review developments as
they come along.
Nelson suggested we may need to look at how we handle those parcels of land that
are between two streets, such as the new O'Reilly Auto Parts development. Because
we have no design standards for that particular situation, we may need to make a
decision for the future about how we want to have those developed. Frank said that
also raises the issue of how our design standards incorporate how we feel about aging
properties.
Aho asked about the impact on the commission's work of the Met Council's plans,
such as their Thrive 2040 program. Julie Klima, staff advisor to the commission, said
they had some discussion about the Thrive 2040 program last spring. Frank said a
broader issue they will include in the future is "competitive surveillance" of what is
going on in other areas to make sure our ideas are fresh.
City Council Workshop Minutes
January 20, 2015
Page 5
Case suggested it might be time to have some groups give feedback, similar to the
work done several years ago by the Senior Issues Task Force. It could all tie into the
2018 Comprehensive Plan. Frank said the whole issue of demographics is important
so we can learn what the potential implications will be for Eden Prairie.
Open Podium - Council Chamber
II. ADJOURNMENT
UNAPPROVED MINUTES
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, Ron Case, and Kathy Nelson
CITY STAFF: City Manager Rick Getschow, City Engineer Rodney Rue,
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. COUNCIL FORUM INVITATION
IV. PROCLAMATIONS / PRESENTATIONS
A. DR. MARTIN LUTHER KING, JR., PROCLAMATION & ANNOUNCEMENT OF
HUMAN RIGHTS AWARD PROCESS
Sandra Filardo, Chair of the Human Rights and Diversity Commission, announced the
opening of nominations for the Human Rights awards. She reviewed the goals of the
award. She said the Human Rights and Diversity Commission will select the winners in
April.
Mayor Tyra-Lukens read a proclamation proclaiming 2015 as a year to celebrate human
rights and diversity and asking residents to join the City of Eden Prairie in recognizing
and celebrating Dr. Martin Luther King, Jr.'s dream.
Tyra-Lukens gave recognition to a presentation this morning of the French Legion of
Honor award to Eden Prairie resident, William "Bud" Schwartz, for his service during
World War II.
B. DONATIONS
1. Donation of Artist’s Drafting Table to Art Center (Resolution No. 2015-18)
ITEM NO.: VI.B.
CITY COUNCIL MINUTES
January 20, 2015
Page 2
Lotthammer said donations to the City need to be accepted by resolution. He
said an anonymous donor has given an artist's drafting table to the Art Center.
MOTION: Nelson moved, seconded by Case, to adopt Resolution No. 2015-18
accepting the donation of an Artist Drafting Table valued at $115 to be use by
the Eden Prairie Art Center. Motion carried 5-0.
2. Lioness Club Donation to Theater and Band (Resolution 2015-19)
Lotthammer said this is a donation of $1,000 for the purchase of a trailer to
support Eden Prairie's theater and band. He noted this is one of three donations
from the Lioness Club and thanked them for their generosity.
MOTION: Case moved, seconded by Butcher Wickstrom, to adopt Resolution
No. 2015-19 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. Motion
carried 5-0.
3. Lioness Club Donation to the Outdoor Center (Resolution No. 2015-20)
MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution
No. 2015-20 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. Motion carried 5-0.
4. Lioness Club Donation to the Senior Center (Resolution No. 2015-21)
MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2015-21
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. Motion carried 5-0.
5. Lions Club Donation to the Outdoor Center (Resolution No. 2015-22)
Lotthammer said this is a donation of $200 from the Eden Prairie Lions Club for
Outdoor Center programs.
MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt
Resolution No. 2015-22 accepting the donation of $200 from the Eden Prairie
Lions Club for Outdoor Center programs. Motion carried 5-0.
6. State Farm Donation to Senior Center (Resolution No. 2015-23)
Lotthammer said for several years State Farm Companies has matched the
CITY COUNCIL MINUTES
January 20, 2015
Page 3
amount of volunteer hours given to the Senior Center by their employee, Gordon
Williams. Mr. Williams has requested the $500 donation be used towards the
annual Senior Center volunteer recognition lunch in April.
MOTION: Case moved, seconded by Butcher Wickstrom, to adopt Resolution
No. 2015-23 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. Motion carried 5-0.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the agenda as published.
Motion carried 5-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 6, 2015
MOTION: Butcher Wickstrom moved, seconded by Case, to approve the minutes of the
Council workshop held Tuesday, January 6, 2015, as published. Motion carried 4-0-1,
with Nelson abstaining.
B. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 6, 2015
MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the minutes of
the City Council meeting held Tuesday, January 6, 2015, as published. Motion carried 5-
0.
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
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
CITY COUNCIL MINUTES
January 20, 2015
Page 4
MOTION: Case moved, seconded by Aho, to approve Items A-E of the Consent
Calendar. Motion carried 5-0.
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)
Getschow said this public hearing should be continued to the February 17, 2015, meeting
as some of the pieces needed for the plan and agreement have not yet been completed.
MOTION: Case moved, seconded by Butcher Wickstrom, to continue the public hearing
to the February 16, 2015, meeting of the City Council. Motion carried 5-0.
B. RESOLUTION NO. 2015-24 APPROVING MODIFIED TAX INCREMENT
FINANCING PLAN FOR DISTRICT NO. 17 AND SECOND AMENDMENT TO
PROJECT MANAGEMENT AGREEMENT (ROLLING HILLS SENIOR
HOUSING/THE COLONY)
Getschow said official notice of this public hearing was published in the January 8, 2015,
Eden Prairie News. Tax Increment Financing (TIF) 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 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 TIF 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.
Tyra-Lukens asked if the affordable units would become market rate at the end of the 25
years. Getschow said that is a possibility but would not necessarily happen.
Nelson asked if this uses up part of our ability to do TIF financing. Rosow said it does
not. There are limits on bonding but there is not a limit with regard to TIF. Nelson said
she would like to approve this; however, she would like to get credit from the Met
Council for keeping the number of established units. Jeremiah responded we get credit
every year for these units and would lose the credit if we did not extend the TIF.
CITY COUNCIL MINUTES
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Page 5
There were no comments from the audience.
MOTION: Butcher Wickstrom moved, seconded by Nelson, to close the public
hearing and to adopt Resolution No. 2015-24 approving Modified Tax Increment
Financing Plan, District No. 17 and Second Amendment to the Project Management
Agreement. Motion carried 5-0.
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 2015-25 for PUD Concept Review; Ordinance for PUD District Review
with waivers and Zoning District Review in the C-Com Zoning District)
Getschow said official notice of this public hearing was published in the January 8, 2015,
Eden Prairie News and was sent to 32 property owners. The project is 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. 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.
Getschow noted a benefit of granting the waivers includes enhanced architectural
details in 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.
Ben Ptacek, representing C.M. Architectures, reviewed the location and site plans for
the project. He noted it is currently a 0.83 acre vacant lot. They held a neighborhood
meeting in the fall and received feedback from neighbors about the orientation of the
building with the front facing Flying Cloud Drive. The landscape plan includes a rain
garden and a bike rack.
Butcher Wickstrom asked how this building will differ from their other stores. Mr.
Ptacek said it will not be the same. They worked with the planning staff to change the
building because Eden Prairie preferred something different. Butcher Wickstrom asked
if it will be more of an upgraded look. Mr. Ptacek said it will be an upgrade to their
upgraded version.
Tyra-Lukens asked if any of the vegetation currently on the property will remain. Mr.
Ptacek said they will follow the requirements for any significant trees they remove.
There are six or seven significant trees of which only two will be removed. Tyra-
CITY COUNCIL MINUTES
January 20, 2015
Page 6
Lukens asked about the size of the arborvitae that are planned to provide screening from
Aztec Drive. Mr. Ptacek said they will grow to six feet. Tyra-Lukens asked if they will
be planted close enough to form a wall. Mr. Ptacek said they will be spaced to provide a
hedge to screen the trash area.
Tyra-Lukens said they requested a waiver for the landscaping planting island. After
looking at the parking plan for the site, it was hard for her to believe they would need
30 parking spots. She would like to see proof of parking and have more landscaping
instead. She asked Mr. Ptacek what their experience is with their stores needing 33
parking spots. Mr. Ptacek said they put in 33 to get closer to the required number.
Jeremiah said there is a possibility to do proof of parking. There was some concern that
employees would park off site and impact other properties.
Rosow said there is flexibility for swapping variances. The project could be approved
subject to the condition there be no waivers on landscaping but to bring back a waiver
for proof of parking.
Case noted the property was once owned by Northrup King and asked if an
environmental review has been done. Mr. Ptacek said they determined there was no
wetland on the property. Case asked if staff would become involved if something is
found there as construction gets underway. Jeremiah understood at that point they
would need to stop work and the appropriate State agency would come in to inventory
and evaluate. If there is financing involved in the project, they would normally have to
do a Phase 1 and Phase 2 environmental study before construction was started.
Case asked how the project handles stormwater runoff. Jeremiah said there is a rain
garden on the south side of the property that accommodates most of the site. Rodney
Rue, City Engineer, said Aztec Drive is accommodated somewhat with a storm sewer to
pick up the sites; however, today development needs to provide infiltration in addition
to storm sewers. The proponent has put a rain garden on the south for roof drainage and
an underground system on the north side for the parking lot. There are also some catch
basins at the entrance to the property to pick up parking lot drainage. Case commented
it looks like it takes care of its own water runoff but he was concerned that attention
was paid to potential leakage in the parking lots.
Rosow asked if the proponent has obtained a Phase 1 environmental review. Mr. Ptacek
said they have a Phase 1 review. Rosow asked if O'Reilly has closed on the purchase.
Mr. Ptacek said they have not yet because they wanted to get the variances approved
first. Rosow asked if they are financing the property through a mortgage because it
would be unlikely they would be able to proceed if there were environmental issues.
The bank would want to see the Phase 1 environmental survey if they are giving a loan.
Butcher Wickstrom asked if they would accept return of used oil. Mr. Ptacek said they
do not provide that service and do not provide any servicing at the facility.
CITY COUNCIL MINUTES
January 20, 2015
Page 7
There were no comments from the audience.
MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public hearing;
to adopt Resolution No. 2015-25 for Planned Unit Development Concept Review on
0.83 acres; to 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 to direct staff to prepare a Development
Agreement incorporating staff and commission recommendations and the Council
condition to eliminate the waiver for landscape planting islands and grant a waiver for
parking through proof of parking.
Butcher Wickstrom commented she thought this is a very appropriate business in this
area and was very glad to see O'Reilly Auto Parts come in.
VOTE ON THE MOTION: Motion carried 4-0-1, with Nelson abstaining.
X. PAYMENT OF CLAIMS
MOTION: Case moved, seconded by Butcher Wickstrom, to approve the payment of claims as
submitted. Motion was approved on a roll call vote, with Aho, Butcher Wickstrom, Case,
Nelson, and Tyra-Lukens voting “aye.”
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
1. Resolution No. 2015-26 Supporting Legislation to Increase or Remove Lump
Sum Payout Cap for Fire Relief Association Retirees
Getschow said Council Member Case brought up this issue because of his position
on the Fire Relief Association Board. There are two possible pension programs for
firefighters: one is a monthly-defined benefit payout, and the other is a lump-sum
option. They are trying to encourage more use of the lump sum payout but they
would need to change the cap of $10,000 that is set by the State legislature. This
resolution would provide support of the City Council for an increase in the cap.
Aaron Casper, Chair of the Fire Relief Association, said they had discussions
about this issue at their board meetings as part of an effort to reduce the long term
liability in the plan. Being able to make that lump sum distribution more of a
CITY COUNCIL MINUTES
January 20, 2015
Page 8
viable option would help them achieve that goal. The issue would have to go
through the actuarial process if the cap is raised, would have to be approved by
their membership, and would then come to the City Council for approval. They
have had some presence at the State Auditor level and have some support from
that office to bring this forward. If the Council passes the resolution of support,
they would go ahead to have dialogue with the local legislators.
Tyra-Lukens asked if the legislation would increase the cap for any community or
just for Eden Prairie. Mr. Casper said he would make it inclusive, but Eden Prairie
is the only one who is currently at the cap.
Aho asked what the new cap would be. Mr. Casper was not sure but it would be
well above $10,000. Actuarial factors would occur, but they don't know the
amount. He noted at this time about 99% of our retiring firefighters are selecting
the defined monthly benefit plan. They want to make the lump sum option more
viable.
Case said at this time the break-even point isn't an incentive for people to take the
lump sum option. That means there are unknown liabilities for the plan because of
considerations such as the survivor benefit options. They are also looking at
having the lump sum as the default option for new firefighters coming on.
MOTION: Nelson moved, seconded by Case, to adopt Resolution No. 2015-26
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. Motion carried 5-0.
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
Lotthammer introduced Lindsey Danhauser, Art Center Supervisor, who gave a
PowerPoint presentation of City-wide special events.
Danhauser reviewed the events planned and noted they partner with service
organizations in the City for many of the events. Most of the events are free or
very affordable.
Tyra-Lukens said it is great to see the numbers that participate in the events.
Case asked if the presentation would be available on the website. Getschow said
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January 20, 2015
Page 9
the City calendar lists events by month and can be clicked on to get a page with
details. Staff could look into having a summary like this available. Case said it
was a powerful presentation and suggested it could be used as a marketing tool for
realtors.
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: Case moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0.
Mayor Tyra-Lukens adjourned the meeting at 8:08 PM.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 3, 2015
DEPARTMENT/DIVISION:
Christy Weigel,
Police/ Support Unit
ITEM DESCRIPTION:
Clerk’s License Application List
ITEM NO.: VIII.A.
These licenses have been approved by the department heads responsible for the licensed activity.
Requested Action
Motion: Approve the licenses listed below
Temporary Liquor
Organization: Eden Prairie Lions Club
Event: Schooner Days
Date: May 29, 30, 31, 2015
Place: Round Lake Park & EP Community Center Parking Lot
16691 & 16700 Valley View Road
Temporary Liquor
Organization: Eden Prairie Lions Club
Event: Hometown Celebration
Date: July 3-4, 2015
Place: Round Lake Park
16691 Valley View Road
Temporary Beer
Organization: Eden Prairie Lions Club
Event: Corn Feed
Date: August 1, 2015
Place: Round Lake Park
16691 Valley View Road
- 1 -
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 3, 2015
DEPARTMENT/DIVISION:
George F. Esbensen, Fire
Chief/Director of Emergency
Preparedness
ITEM DESCRIPTION:
Purchase of New Ladder Truck
ITEM NO.: VIII.B.
Requested Action
Move to: Approve the purchase of 2015 78’ Quint from E-One, through the “HGAC”
Purchasing Consortium for $730,000.
Synopsis
HGACBUY is a national purchasing alliance created by a joint powers agreement which enables
states to purchase items from more than one source on the basis of competitive bids or
competitive quotations. This process has been recognized and authorized thorough the State of
Minnesota under Minnesota Statute 471.345, subdivision 15; paragraphs (a) and (b).
In December 2014, the fire department sold one of its 100’ ladder trucks for $500,000. This new
78’ “Quint” will replace that truck and provide more versatility to the fire department’s response
capability. This vehicle will have a 20-year anticipated replacement cycle.
Attachment
HGAC Proposal
Purchase Agreement
Vehicle Drawing
HGAC Proposal Pricing for Eden Prairie, MN:
2015 E-One HP78 Aerial Ladder Per Specifications and Drawings:
$730,000.00
"Seven Hundred Thirty Thousand Dollars"
Estimated Delivery:
270 Days After Order Release
Authorized Signature:
Ryan Clarey, Co-Owner
Fire Safety USA, Inc.
FIRE SAFETY USA, INC.
3253 19114 STREET NW
ROCHESTER, MN 55901
TOLL-FREE: 1-877-699-3473
PHONE: 507-529-8444
FAX: 507-529-8111
VVWW.FIRESAFETYUSA.COM
FIRE APPARATUS PURCHASE CONTRACT AGREEMENT
This Agreement ("Agreement") is made this __ th day of January, 2015, by and between Fire Safety USA, Inc., 3253
19th Street NW, Rochester, MN, 55901, (hereinafter "Company") and the City of Eden Prairie, MN (hereinafter "Buyer").
1.) Purchase: The Company agrees to sell, and the Buyer agrees to purchase, the fire apparatus and equipment described
in the Company's Proposal and the Specifications attached hereto and hereby incorporated by reference (the "Apparatus"),
all in accordance with the terms and conditions of this Agreement. Changes to the Specifications attached hereto will only
be executed by the Company if documented by a Change Order signed by both parties. In the event of any conflict between
the Company's Proposal and the Buyer's Specifications, the Company's proposal shall prevail.
2.) Price: Buyer agrees to pay a purchase price of Seven Hundred Thirty Thousand Dollars ($730,000.00). Unless
otherwise specified, this Purchase Price is exclusive of all Federal, State or local taxes of any nature. Any such taxes are the
sole responsibility of the Buyer unless specifically added to the Purchase Price, at which time they will be paid by the
Company; provided, however, if the Buyer claims the Order is exempt from any tax, Buyer agrees to furnish the applicable
exemption certificate to the Company and to hold the Company harmless from any damage which may result from the
Company ultimately having any such tax assessed against it.
Buyer agrees that the terms of payment shall include cash upon delivery. If other than cash due upon delivery, check the
appropriate box.
Lease-Purchase Agreement - Financing *
HGAC ORDER *
* Details of financing are covered under a separate section and are included as a part of this Agreement.
PAYMENTS
CUSTOMER SHALL MAKE ALL PAYMENTS, INCLUDING DEPOSITS AND PARTIAL PAYMENTS, TO THE
COMPANY ONLY. ALL CHECKS SHALL BE MADE PAYABLE TO FIRE SAFETY USA, INC. NO OTHER PAYEE
SHALL BE NAMED.
If more than one Apparatus is included and they are delivered on different dates, the terms of payment shall apply to each
delivery and an invoice covering each delivery shall be issued.
3.) Pre-Build: A pre-build conference will be conducted to ascertain and confirm customer requirements with respect to
the Apparatus ordered by Buyer. Both parties agree that the pre-build conference will be conducted no later than thirty (30)
business days from execution of this Agreement.
4.) Delivery: The Apparatus shall be delivered F.O.B. to the Fire Department located at 14800 Scenic Heights Road, Eden
Prairie, MN 55344 approximately [270] calendar days after order release or [N/A] calendar days after execution of this
Agreement by Buyer and the receipt and execution of same by the Company at its Manufacturing offices in Ocala, Florida.
If Buyer has specified a stock unit, delivery date shall be approximately [N/A] calendar days after receipt of chassis at
Ocala plant.
It is agreed that such delivery is subject to delays caused by war, acts of god, hurricane, labor shortages or strikes, inability
to obtain materials, and other causes reasonably beyond the control of the Company and that the Company will not be liable
for such delays. Buyer will be notified no less than fourteen (14) business days in advance of the delivery date.
5.) Customer Factory Inspection: The Company will notify Buyer on the date that the Apparatus is completed (the
“notified completion date”). Buyer will have up to ten (10) business days from the notified completion date to conduct
Buyer's final factory inspection. The inspection will be conducted at Fire Safety USA Inc., 3253 19th Street NW,
Rochester, MN 55901. Buyer may reject the Apparatus during the inspection if the Apparatus does not conform to the
Company’s Proposal and Specifications or the Apparatus contains any defect. Company represents that the Apparatus will
conform to the Company’s Proposal and Specifications upon delivery. If, at any time, Buyer discovers that the Apparatus
does not conform to the Company’s Proposal and Specifications, Buyer may reject the Apparatus. In the event that Buyer
fails to make inspection of the Apparatus within the ten (10) business day period from the notified completion date,
Company reserves the right thereafter, at Company's option:
a. to arrange for shipment of the Apparatus to the dealer by the drive-away service of Company's choice, at
Buyer's sole expense, and to charge the Customer the full invoice price for the Apparatus, which shall be paid for in the
manner specified in paragraph 2; or
b. to dispose of the Apparatus by sale to any other party, and if the price received on account thereof shall be
less than the price specified in paragraph 2, Buyer shall be liable for the difference together with all costs of disposal; or
c. to hold the Apparatus at the Company's plant until such time as Buyer makes inspection, and to charge
Buyer a storage fee for each day, calculated pro-rata for each day at an annual rate of 18% on the price specified in
paragraph 2.
In the event that Buyer fails to make inspection of the Apparatus within the ten (10) business days of the notified
completion date, Buyer shall bear the risk of loss or damage to all Apparatus remaining in the possession of the Company
after the ten (10) business days after the notified completion date, except when the Apparatus is in the possession of a
Company contracted drive-away service.
6.) Buyer's Cancellation for Convenience: If Buyer tenders any cancellation hereunder, Buyer shall nevertheless accept
delivery of all products which are completed at the time of cancellation. Those products which constitute work-in-process
inventory at the time of cancellation shall be paid for by Buyer at a price equal to the completed percentage of the product
multiplied by the price specified in Paragraph 2. This Paragraph does not apply in the event that Buyer terminates the
Agreement due to Company’s breach of any paragraph herein.
7.) Title: The Company and Buyer agree that the Manufacturer's Certificate of Origin shall remain with the Company until
the Company has been paid in full. Provided that the Company has been paid in full, the Certificate of Origin shall remain
with the Company until the Apparatus is delivered to the Buyer. Certificate of Origin will be sent to Buyer within ten
business days after pick up of vehicle. Upon delivery of the Apparatus to Buyer, responsibility for title application,
ownership and risk of loss shall pass from Company to Buyer. Company shall execute and deliver all additional instruments,
documents, and certificates and take further action reasonably requested by Buyer to affect the transfer of and/or to vest title
in Buyer.
FIRE SAFETY
8.) Warranty: The Company warrants each new Apparatus manufactured against defects in material and workmanship for
a period of one year from the in-service date per the Warranty Registration Card. Warranties beyond one year may be
applicable to certain components of the Apparatus as described in the Statements of Warranty previously provided to the
Buyer. This warranty is in favor of the original user/purchaser, in accordance with the Company's preprinted Statements of
Warranty which are either attached to the Agreement or have otherwise been delivered to Buyer. Buyer hereby
acknowledges receipt of the Company's preprinted Statements of Warranty.
With respect to any Apparatus not manufactured by the Company, such items shall not be warranted by the Company but
shall be subject to the warranty provided by the manufacturer.
These warranties are in lieu of all other warranties, whether express or implied, and THE COMPANY EXPRESSLY
DISCLAIMS ALL OTHER SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9.) Audit Disclosure and Data Practices: Any reports, information, data, etc. given to, or prepared or assembled by
Company under this Agreement which Buyer requests to be kept confidential, shall not be made available to any individual
or organization without Buyer’s prior written approval. The books, records, documents and accounting procedures and
practices of Company or other parties relevant to this Agreement are subject to examination by Buyer and either the
Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. 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 Company in performing any of the functions of Buyer during performance of
this Agreement is subject to the requirements of the Data Practice Act and Company shall comply with those requirements
as if it were a government entity. All subcontracts entered into by Company in relation to this Agreement shall contain
similar Data Practices Act compliance language.
10.) Non-Discrimination: During the performance of this Agreement, Company shall not discriminate against any
employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with
regard to public assistance, disability, sexual orientation or age. Company shall post in places available to employees and
applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified
applicants will receive consideration for employment. Company shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate
such requirements in all subcontracts for program work. Company further agrees to comply with all aspects of the
Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the
Americans with Disabilities Act of 1990.
11.) Conflicts: No salaried officer or employee of Buyer and no member of the Council, or Commission, or Board of
Buyer shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the
agreement void.
12.) Rights and Remedies: The duties and obligations imposed by this Agreement and the rights and remedies available
thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or
available by law.
13.) Damages: In the event of a breach of this Agreement by Buyer, Company shall not be entitled to recover punitive,
special or consequential damages or damages for loss of business.
14.) Enforcement: Company shall reimburse Buyer for all costs and expenses, including without limitation, attorneys' fees
paid or incurred by Buyer in connection with the enforcement by Buyer during the term of this Agreement or thereafter of
any of the rights or remedies of Buyer under this Agreement.
FIRE SAFETY
15.) Governing Law: This Agreement shall be controlled by the laws of the State of Minnesota.
16.) Severability: The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court
of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract.
17.) Waiver: No action nor failure to act by Buyer or Company shall constitute a waiver of any right or duty afforded any
of them under the Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any
breach thereunder, except as may be specifically agreed in writing.
18.) Notices: The parties to this Agreement designate City of Eden Prairie MN, as representative of the Buyer and Fire
Safety USA, Inc. as representative of the Company for purposes of all communications regarding this Agreement.
19.) Waiver of Jury Trial: The parties to this Agreement agree that any dispute arising hereunder, if brought before a
court having proper jurisdiction, shall be adjudicated in a bench trial and the parties expressly waive any right to have such
matter(s) tried before a jury.
20.) Compliance with Laws and Regulations: In providing the goods and services hereunder, Company shall abide by
statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of
statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this
Agreement and entitle Buyer to immediately terminate this Agreement.
21.) Entire Agreement: This Agreement, including its attachments and exhibits, constitutes the entire understanding
between the parties relating to the subject matter contained herein and supersedes all prior discussions and Agreements. No
agent or representative of the Company has authority to make any representations, statements, warranties or Agreements
not herein expressed and all modifications or amendments of this Agreement, including its attachments and exhibits, must
be in writing signed by an authorized representative of each of the parties hereto.
21.) Acceptance by Company: This Agreement shall not constitute a valid and binding obligation of the Company until
accepted in writing by an officer of the Company at its offices in Rochester, Minnesota. When requested by the Company,
the Buyer shall furnish a satisfactory written opinion of the Buyer's attorney that the Buyer has the power to make the
Agreement, that the individual signing is authorized to sign on behalf of the Buyer, and that this Agreement is a valid, legal
and enforceable obligation of the Buyer.
IN WITNESS WHEREOF, The Company and the Buyer have caused this Agreement to be executed by their duly
authorized representatives as of the date set forth by each.
BUYER: COMPANY:
CITY OF EDEN PRAIRIE, MN FIRE SAFETY USA, INC.
By: _________________________________________ By: _____________________________________
Ryan Clarey, Fire Safety USA, Inc.
Title: _________________________________________ Title: Dealer Principal
Date: Date:
Company’s Proposal and Specifications
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CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 3, 2015
DEPARTMENT/DIVISION:
Stuart Fox, Parks and Natural
Resources Manager
ITEM DESCRIPTION:
Award Bid for Tennis and Basketball Court
Reconstruction at Franlo Park
ITEM NO.: VIII.C.
Requested Action
Move to: Award the contract for tennis and basketball court reconstruction at Franlo Park to
Minnesota Roadways Company in the amount of $188,784.
Synopsis
The City advertised for the total reconstruction of the tennis/basketball court area at Franlo Park.
Specifications for the work were prepared by city staff and the City received bids were received
from six contractors.
Background
Last year the tennis courts at Franlo Park were scheduled for replacement. However when the bids for
reconstruction were received there was only one bidder and their bid was nearly $100,000 higher than the
estimate. The bid was rejected and staff made plans to rebid the project in January 2015.
These court areas were originally constructed in 1988 and began to experience considerable structural
cracking of the court surfaces several years ago. This has led to water infiltration into the sub-base layer
thereby increasing the frequency and size of the structural cracks. The only way to rectify the current
surface issues is to tear out the existing courts and completely rebuild them. The courts configuration will
change slightly with one fenced tennis court, four fenced pickleball courts and a full size basketball
court. The sub base will be improved using drain tile for increased drainage. The court facility will be in
the same general location and physical size.
Bid Summary and Recommendation
The summary of the bids received is as follows:
• MN Roadways Co. $188,784.00
• Midwest Asphalt Corp. $190,600.00
• Bituminous Roadways, Inc. $197,175.00
• Northwest Asphalt, Inc. $202,975.00
• ACI Asphalt, Inc. $219,805.00
• Plehal Blacktopping, Inc. $249,750.00
Each of the submitters has met the guidelines as detailed in the bid specification and staff
recommends the contract be awarded to Minnesota Roadways, Inc.
Funding for the court reconstruction replacement work will come from the Capital Improvement
Program. The CIP project budget appropriation for this project is $150,000. Construction will begin in
May and the anticipated completion date is the middle of July.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 3, 2015
DEPARTMENT/DIVISION:
Randy Newton
Public Works / Engineering
ITEM DESCRIPTION: 11-5801
Approve Subordinate Funding Agreement
01 for the Town Center North-South Road
with Metropolitan Council for the
Southwest Light Rail Transit Project
ITEM NO.: VIII.D.
Requested Action
Move to: Approve Subordinate Funding Agreement 01 for the Town Center North-South
Road with Metropolitan Council for the Southwest Light Rail Transit Project.
Synopsis
This agreement provides for the design of the north-south roadway in the Town Center as part of
the Southwest Light Rail Transit Project. A determination will be made at a later date regarding
whether or not to proceed with construction of the roadway.
Background Information
The new north-south roadway in the Town Center is expected to be a focal point in the
redevelopment of the LRT station area and will provide new connections and improved access to
the area. The segment of the roadway between Singletree Lane and the Town Center LRT
station is the first phase of the roadway which is ultimately planned to connect Technology Drive
to Regional Center Road. This segment of the roadway is included in the City’s Capital
Improvement Plan for 2018 and 2019.
In order to best coordinate design of the roadway with the Southwest LRT project and to allow
for possible outside funding of the roadway it is recommended that the Singletree Lane to Town
Center station segment of the north-south roadway be designed with the Southwest LRT project.
After construction costs for the roadway are known a decision on whether or not to proceed with
construction will need to be made. If it is recommended to construct the roadway with the
Southwest LRT project a separate Subordinate Funding Agreement for construction will be
required.
Financial Implications
The agreement for design of the north-south roadway has an estimated cost of $145,745. Costs
for the design will be paid from the Economic Development Fund.
Attachment
Subordinate Funding Agreement 01
Reference Numbers:
SWLRT Project: 61001
Metropolitan Council:
City of Eden Prairie: ___________
PROJECT: SOUTHWEST LIGHT RAIL TRANSIT PROJECT
MASTER AGREEMENT: Master Funding Agreement – City of Eden Prairie
PARTIES TO AGREEMENT: • Metropolitan Council (“Council”)
• City of Eden Prairie (“City”)
SUBORDINATE FUNDING AGREEMENT
City of Eden Prairie - SFA 01 (North-South Roadway)
This Subordinate Funding Agreement (“SFA”) with the City of Eden Prairie is entered into by and
between the above named Parties.
WHEREAS:
1. The Parties entered into a Southwest Light Rail Transit Project (“Project”) Master Funding
Agreement (“MFA”), effective January 29, 2015.
2. The Parties provided in the MFA that certain aspects of funding for the Project or components
related to but not part of the Project would be determined in subsequent SFAs.
3. The Parties desire to enter into this SFA to transfer City funds to reimburse the cost for Council
activities for professional services and the Council’s administrative fee to produce design plans
and a construction cost estimate for proposed components related to, but not part of the Project.
4. The Parties will be required to enter into a subsequent SFA to address environmental
documentation for proposed components related to, but not part of the Project.
5. The Parties acknowledge that the planning of the Project will require numerous federal, state
and local processes, approvals and funding commitments. The environmental review and other
processes for the Project are ongoing and the Project is subject to change to address those
processes. The outcomes of those processes may affect whether the components requested in
this SFA will ultimately be constructed.
NOW, THEREFORE, in reliance on the statements in these recitals, the Parties hereby agree as
follows:
1. Maximum Amount of Authorized Funding. The cost for the Council’s professional services
and administration activities authorized by this SFA shall not exceed $145,745 unless authorized
in a subsequent agreement or an amendment to this SFA.
EP SFA01 - N/S Roadway_rev03 00_20150127 Page 1 of 5
2. SFA Budget. The budget for the Council’s activities described in this SFA is provided as
Exhibit A. City funds provided for this SFA may only be used for reimbursing the Council’s
costs for activities directly incurred within the described Description of Activities and as
detailed in the MFA.
3. Description of Activities. The activities to be performed by the Council and reimbursed by the
City includes the development of design plans and a construction cost estimate for a new north-
south roadway (“North-South Roadway”) connecting the proposed Town Center Station in the
City of Eden Prairie to Singletree Lane. This proposed North-South Roadway is generally
located immediately west of the Town Center Station and cul-de-sac, both to be constructed as
part of the Project and proceeding south to Singletree Lane. See Exhibit B for a general
depiction and location of the North-South Roadway. If authorized by the City, the North-South
Roadway is anticipated to be constructed by the Project and include curb, gutter, trail, sidewalk,
streetscaping, and utilities.
The Council will incorporate the North-South Roadway design plans as a bid alternate in the
proposed Project construction bid documents if: a) the environmental review of the Project and
the components described in this SFA allow the construction of the North-South Roadway; and
b) the Project is permitted to proceed to construction. The North-South Roadway construction
specifications will be incorporated in the overall specifications within the Project construction
bid documents. No separate or stand alone specifications for the North-South Roadway design
plans will be created.
After the Council selects a Project construction bid and the bid alternate is public, the City will
determine whether or not to accept the bid alternate. If the City chooses to accept the bid
alternate, the City is required to enter into a subsequent SFA authorizing the Council to
construct the bid alternate and reimburse the Council costs.
4. Environmental Documentation. The Parties will be required to enter into a subsequent SFA
that identifies the cost for the Council’s professional services to provide environmental
documentation for the North-South Roadway. The subsequent SFA will describe terms
requiring the City to reimburse the Council’s cost for environmental documentation and
administration activities associated with the North-South Roadway.
5. Release of Design Plans. If the City does not enter into an SFA with the Council to construct
the North-South Roadway along with the construction of the Project, but requests the Council to
release the North-South Roadway design plans to the City for the purpose of current or future
use of the plans, the Council shall release the design plans provided an amendment to this SFA
or a subsequent agreement is executed by the Parties to address indemnification, liability,
claims, access, copyright, and related issues as a result of the release of the North-South
Roadway design plans.
6. Property Acquisition. It is anticipated that property rights will need to be acquired to construct
the proposed North-South Roadway. If it is necessary to acquire property rights for the North-
South Roadway, subsequent agreements must address property access, acquisition, disposition,
and other real property matters needed to construct the North-South Roadway beyond what is
required to construct the Project.
7. Project Activity Periods. The term of this SFA shall be effective as of January 29, 2015 and
EP SFA01 - N/S Roadway_rev03 00_20150127 Page 2 of 5
shall terminate on the date all costs under this SFA have been reimbursed, unless terminated
earlier consistent with the terms of the MFA.
8. No Guarantee of Construction. This SFA describes terms requiring the City to reimburse the
Council’s cost for design activities associated with the requested North-South Roadway. It does
not guarantee that the North-South Roadway will satisfy environmental review or be
constructed. The City and the Council acknowledge that nothing in this Agreement shall
require the Council to take any action or make any decision that will prejudice or compromise
any review or decision-making processes required under state and federal environmental review
laws, regulations or rules. The Parties intend this Agreement to be interpreted consistent with
statutory and other legal authorities, including but not limited to the Minnesota Environmental
Policy Act and the National Environmental Policy Act. The Parties agree that this SFA does
not limit the alternatives or mitigative measures that the Council may undertake in the
development and construction of the Project. The Council retains the right to make decisions
and necessary approvals associated with Project requirements.
9. Incorporation. The terms, conditions, and definitions of the MFA are expressly incorporated
into this SFA.
CITY OF EDEN PRAIRIE METROPOLITAN COUNCIL
By: By:
Its:
Its:
Date: Date:
By:
Its:
Date:
EP SFA01 - N/S Roadway_rev03 00_20150127 Page 3 of 5
Exhibit A
SFA Budget: North South Road from Town Center Station to Singletree Lane
Item Cost
Professional Services
Design Cost $141,500
Administrative Fee (3% of Professional Services) 4,245
Maximum Amount of Authorized Funding $145,745
EP SFA01 - N/S Roadway_rev03 00_20150127 Page 4 of 5
Exhibit B
North South Road from Town Center Station to Singletree Lane
EP SFA01 - N/S Roadway_rev03 00_20150127 Page 5 of 5
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 3, 2015
DEPARTMENT/DIVISION:
Randy Newton
Public Works / Engineering
ITEM DESCRIPTION: 11-5801
Approve Subordinate Funding Agreement
02 for the Golden Triangle Trail with
Metropolitan Council for the Southwest
Light Rail Transit Project
ITEM NO.: VIII.E.
Requested Action
Move to: Approve Subordinate Funding Agreement 02 for the Golden Triangle Trail with
Metropolitan Council for the Southwest Light Rail Transit Project.
Synopsis
This agreement provides for the design of a trail south of the Golden Triangle LRT station
paralleling the LRT alignment as part Southwest Light Rail Transit Project. A determination
will be made at a later date regarding whether or not to proceed with construction of the trail.
Background Information
A new trail south of the Golden Triangle LRT station paralleling the eastern side of the
Southwest LRT alignment was identified in the Golden Triangle Transitional Station Area
Action Plan and prioritized as an opening day station area improvement. The trail would extend
from the end of the existing trail north of Valley View Road to West 70th Street and would
improve pedestrian and bike access to the Golden Triangle Station. Due to the specific location
of the trail and its proximity to the LRT alignment the trail may not be feasible unless it is
constructed with the Southwest LRT project.
In order to coordinate design, enable construction, and to allow for possible outside funding of
the trail it is recommended that the trail be designed with the Southwest LRT project. After
construction costs for the trail are known a decision on whether or not to proceed with
construction will need to be made. If it is recommended to construct the trail with the
Southwest LRT project a separate Subordinate Funding Agreement for construction will be
required.
Financial Implications
The agreement for design of the trail has an estimated cost of $42,333. Costs for the design will
be paid from the Transportation Fund.
Attachment
Subordinate Funding Agreement 02
Reference Numbers:
SWLRT Project: 61001
Metropolitan Council:
City of Eden Prairie: ___________
PROJECT: SOUTHWEST LIGHT RAIL TRANSIT PROJECT
MASTER AGREEMENT: Master Funding Agreement – City of Eden Prairie
PARTIES TO AGREEMENT: • Metropolitan Council (“Council”)
• City of Eden Prairie (“City”)
SUBORDINATE FUNDING AGREEMENT
City of Eden Prairie - SFA 02 (Trail from Golden Triangle Station)
This Subordinate Funding Agreement (“SFA”) with the City of Eden Prairie is entered into by and
between the above named Parties.
WHEREAS:
1. The Parties entered into a Southwest Light Rail Transit Project (“Project”) Master Funding
Agreement (“MFA”), effective January 29, 2015.
2. The Parties provided in the MFA that certain aspects of funding for the Project or components
related to but not part of the Project would be determined in subsequent SFAs.
3. The Parties desire to enter into this SFA to transfer City funds to reimburse the cost for Council
activities for professional services and the Council’s administrative fee to produce design plans
and a construction cost estimate for proposed components related to, but not part of the Project.
4. The Parties will be required to enter into a subsequent SFA to address environmental
documentation for proposed components related to, but not part of the Project.
5. The Parties acknowledge that the planning of the Project will require numerous federal, state
and local processes, approvals and funding commitments. The environmental review and other
processes for the Project are ongoing and the Project is subject to change to address those
processes. The outcomes of those processes may affect whether the components requested in
this SFA will ultimately be constructed.
NOW, THEREFORE, in reliance on the statements in these recitals, the Parties hereby agree as
follows:
1. Maximum Amount of Authorized Funding. The cost for the Council’s professional services
and administration activities authorized by this SFA shall not exceed $42,333 unless authorized
in a subsequent agreement or an amendment to this SFA.
EP SFA02 – Trail from Golden Triangle Station_rev03 00_20150127 Page 1 of 5
2. SFA Budget. The budget for the Council’s activities described in this SFA is provided as
Exhibit A. City funds provided for this SFA may only be used for reimbursing the Council’s
costs for activities directly incurred within the described Description of Activities and as
detailed in the MFA.
3. Description of Activities. The activities to be performed by the Council and reimbursed by the
City includes the development of design plans and a construction cost estimate for a new 8-foot
wide bituminous trail (“Golden Triangle Station Trail”) with a 2-foot buffer on each side
extending from the south side of West 70th Street to an existing trail that continues to Valley
View Road. See Exhibit B for a general depiction and location of the Golden Triangle Station
Trail. If authorized by the City, the Golden Triangle Station Trail is anticipated to be
constructed by the Project and include retaining walls and fencing between the Golden Triangle
Station Trail and the light rail tracks.
The Council will incorporate the Golden Triangle Station Trail design plans as a bid alternate in
the proposed Project construction bid documents if: a) the environmental review of the Project
and the components described in this SFA allow the construction of the Golden Triangle Station
Trail; and b) the Project is permitted to proceed to construction. The Golden Triangle Station
Trail construction specifications will be incorporated in the overall specifications within the
Project construction bid documents. No separate or stand alone specifications for the Golden
Triangle Station Trail design plans will be created.
After the Council selects a Project construction bid and the bid alternate is public, the City will
determine whether or not to accept the bid alternate. If the City chooses to accept the bid
alternate, the City is required to enter into a subsequent SFA authorizing the Council to
construct the bid alternate and reimburse the Council’s costs.
4. Environmental Documentation. The Parties will be required to enter into a subsequent SFA
that identifies the cost for the Council’s professional services to provide environmental
documentation for the Golden Triangle Station Trail. The subsequent SFA will describe terms
requiring the City to reimburse the Council’s cost for environmental documentation and
administration activities associated with the Golden Triangle Station Trail.
5. Release of Design Plans. If the City does not enter into an SFA with the Council to construct
the Golden Triangle Station Trail along with the construction of the Project, but requests the
Council to release the Golden Triangle Station Trail design plans to the City for the purpose of
current or future use of the plans, the Council shall release the design plans provided an
amendment to this SFA or a subsequent agreement is executed by the Parties to address
indemnification, liability, claims, access, copyright, and related issues as a result of the release
of the Golden Triangle Station Trail design plans.
6. Property Acquisition. It is anticipated that property rights will need to be acquired to construct
the proposed Golden Triangle Station Trail. If it is necessary to acquire property rights for the
Golden Triangle Station Trail, subsequent agreements must address property access, acquisition,
disposition, and other real property matters needed to construct the Golden Triangle Station
Trail beyond what is required to construct the Project.
7. Project Activity Periods. The term of this SFA shall be effective as of January 29, 2015 and
shall terminate on the date all costs under this SFA have been reimbursed, unless terminated
EP SFA02 – Trail from Golden Triangle Station_rev03 00_20150127 Page 2 of 5
earlier consistent with the terms of the MFA.
8. No Guarantee of Construction. This SFA describes terms requiring the City to reimburse the
Council’s cost for design activities associated with the requested Golden Triangle Station Trail.
It does not guarantee that the Golden Triangle Station Trail will satisfy environmental review or
be constructed. The City and the Council acknowledge that nothing in this Agreement shall
require the Council to take any action or make any decision that will prejudice or compromise
any review or decision-making processes required under state and federal environmental review
laws, regulations or rules. The Parties intend this Agreement to be interpreted consistent with
statutory and other legal authorities, including but not limited to the Minnesota Environmental
Policy Act and the National Environmental Policy Act. The Parties agree that this SFA does
not limit the alternatives or mitigative measures that the Council may undertake in the
development and construction of the Project. The Council retains the right to make decisions
and necessary approvals associated with Project requirements.
9. Incorporation. The terms, conditions, and definitions of the MFA are expressly incorporated
into this SFA.
CITY OF EDEN PRAIRIE METROPOLITAN COUNCIL
By: By:
Its:
Its:
Date: Date:
By:
Its:
Date:
EP SFA02 – Trail from Golden Triangle Station_rev03 00_20150127 Page 3 of 5
Exhibit A
SFA Budget –Trail from Golden Triangle Station to Valley View Road
Item Cost
Professional Services
Design Cost $41,100
Administrative Fee (3% of Professional Services) 1,233
Maximum Amount of Authorized Funding $42,333
EP SFA02 – Trail from Golden Triangle Station_rev03 00_20150127 Page 4 of 5
Exhibit B
Trail from Golden Triangle Station to Valley View Road
EP SFA02 – Trail from Golden Triangle Station_rev03 00_20150127 Page 5 of 5
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 3, 2015
DEPARTMENT/DIVISION:
Randy Newton
Public Works / Engineering
ITEM DESCRIPTION: #11-5801
Approve Subordinate Funding Agreement
03 for the Southwest Station Trail with
Metropolitan Council for the Southwest
Light Rail Transit Project
ITEM NO.: VIII.F.
Requested Action
Move to: Approve Subordinate Funding Agreement 03 for the Southwest Station Trail with
Metropolitan Council for the Southwest Light Rail Transit Project.
Synopsis
This agreement provides for the design of a trail from the Prairie Center Drive / Highway 212
South Ramp intersection to the Southwest Station LRT and Bus platform. A determination will
be made at a later date regarding whether or not to proceed with construction of the trail.
Background Information
A new trail from the Prairie Center Drive / Highway 212 South Ramp intersection to the
Southwest Station LRT and Bus platform was identified in the Southwest Station Transitional
Station Area Action Plan and prioritized as an opening day station area improvement. Due to the
specific location of the trail and its proximity to the LRT alignment the trail may not be feasible
unless it is constructed with the Southwest LRT project.
In order to coordinate design, enable construction, and to allow for possible outside funding of
the trail it is recommended that the trail be designed with the Southwest LRT project. After
construction costs for the trail are known a decision on whether or not to proceed with
construction will need to be made. If it is recommended to construct the trail with the
Southwest LRT project a separate Subordinate Funding Agreement for construction will be
required.
Financial Implications
The agreement for design of the trail has an estimated cost of $31,683. Costs for the design will
be paid from the Transportation Fund.
Attachment
Subordinate Funding Agreement 03
Reference Numbers:
SWLRT Project: 61001
Metropolitan Council:
City of Eden Prairie: ___________
PROJECT: SOUTHWEST LIGHT RAIL TRANSIT PROJECT
MASTER AGREEMENT: Master Funding Agreement – City of Eden Prairie
PARTIES TO AGREEMENT: • Metropolitan Council (“Council”)
• City of Eden Prairie (“City”)
SUBORDINATE FUNDING AGREEMENT
City of Eden Prairie – SFA 03 (Southwest Station Trail)
This Subordinate Funding Agreement (“SFA”) with the City of Eden Prairie is entered into by and
between the above named Parties.
WHEREAS:
1. The Parties entered into a Southwest Light Rail Transit Project (“Project”) Master Funding
Agreement (“MFA”), effective January 29, 2015.
2. The Parties provided in the MFA that certain aspects of funding for the Project or components
related to but not part of the Project would be determined in subsequent SFAs.
3. The Parties desire to enter into this SFA to transfer City funds to reimburse the cost for Council
activities for professional services and the Council’s administrative fee to produce design plans
and a construction cost estimate for proposed components related to, but not part of the Project.
4. The Parties will be required to enter into a subsequent SFA to address environmental
documentation for proposed components related to, but not part of the Project.
5. The Parties acknowledge that the planning of the Project will require numerous federal, state
and local processes, approvals and funding commitments. The environmental review and other
processes for the Project are ongoing and the Project is subject to change to address those
processes. The outcomes of those processes may affect whether the components requested in
this SFA will ultimately be constructed.
NOW, THEREFORE, in reliance on the statements in these recitals, the Parties hereby agree as
follows:
1. Maximum Amount of Authorized Funding. The cost for the Council’s professional services
and administration activities authorized by this SFA shall not exceed $31,683 unless authorized
in a subsequent agreement or an amendment to this SFA.
EP SFA03 –SW Station Trail_rev03 00_20150127 Page 1 of 5
2. SFA Budget. The budget for the Council’s activities described in this SFA is provided as
Exhibit A. City funds provided for this SFA may only be used for reimbursing the Council’s
costs for activities directly incurred within the described Description of Activities and as
detailed in the MFA.
3. Description of Activities. The activities to be performed by the Council and reimbursed by the
City includes the development of design plans and a construction cost estimate for a new 8-foot
wide concrete trail (“Southwest Station Trail”) with a 2-foot buffer on each side, extending from
the east side of the Southwest Station platform to Prairie Center Dive along the north side of the
light rail tracks. See Exhibit B for a general depiction and location of the Southwest Station
Trail. If authorized by the City, the Southwest Station Trail is anticipated to be constructed by
the Project, and include retaining walls, pedestrian-scale lighting, fencing between the
Southwest Station Trail and the light rail tracks, storm sewer relocation, demolition, new
pavement, curb, gutter, and guardrails associated with the TH 212 off-ramp.
The Council will incorporate the Southwest Station Trail design plans as a bid alternate in the
proposed Project construction bid documents if: a) the environmental review of the Project and
the components described in this SFA allow the construction of the Southwest Station Trail; and
b) the Project is permitted to proceed to construction. The construction specifications associated
with the Southwest Station Trail design plans will be incorporated in the overall specifications
within the Project construction bid documents. No separate or stand alone specifications for the
Southwest Station Trail design plans will be created.
After the Council selects a Project construction bid and the bid alternate is public, the City will
determine whether or not to accept the bid alternate. If the City chooses to accept the bid
alternate, the City is required to enter into a subsequent SFA authorizing the Council to
construct the bid alternate and reimburse the Council’s costs.
4. Environmental Documentation. The Parties will be required to enter into a subsequent SFA
that identifies the cost for the Council’s professional services to provide environmental
documentation for the Southwest Station Trail. The subsequent SFA will describe terms
requiring the City to reimburse the Council’s cost for environmental documentation and
administration activities associated with the Southwest Station Trail.
5. Release of Design Plans. If the City does not enter into an SFA with the Council to construct
the Southwest Station Trail along with the construction of the Project, but requests the Council
to release the Southwest Station Trail design plans to the City for the purpose of current or
future use of the plans, the Council shall release the design plans provided an amendment to this
SFA or a subsequent agreement is executed by the Parties to address indemnification, liability,
claims, copyright, access, and related issues as a result of the release of the Southwest Station
Trail design plans.
6. Property Acquisition. If it is necessary to acquire property rights for the Southwest Station
Trail, subsequent agreements must address property access, acquisition, disposition, and other
real property matters needed to construct the Southwest Station Trail beyond what is required to
construct the Project.
7. Project Activity Periods. The term of this SFA shall be effective as of January 29, 2015 and
EP SFA03 –SW Station Trail_rev03 00_20150127 Page 2 of 5
shall terminate on the date all costs under this SFA have been reimbursed, unless terminated
earlier consistent with the terms of the MFA.
8. No Guarantee of Construction. This SFA describes terms requiring the City to reimburse the
Council’s cost for design activities associated with the requested Southwest Station Trail. It
does not guarantee that the Southwest Station Trail will satisfy environmental review or be
constructed. The City and the Council acknowledge that nothing in this Agreement shall
require the Council to take any action or make any decision that will prejudice or compromise
any review or decision-making processes required under state and federal environmental review
laws, regulations or rules. The Parties intend this Agreement to be interpreted consistent with
statutory and other legal authorities, including but not limited to the Minnesota Environmental
Policy Act and the National Environmental Policy Act. The Parties agree that this SFA does
not limit the alternatives or mitigative measures that the Council may undertake in the
development and construction of the Project. The Council retains the right to make decisions
and necessary approvals associated with Project requirements.
9. Incorporation. The terms, conditions, and definitions of the MFA are expressly incorporated
into this SFA.
CITY OF EDEN PRAIRIE METROPOLITAN COUNCIL
By: By:
Its:
Its:
Date: Date:
By:
Its:
Date:
EP SFA03 –SW Station Trail_rev03 00_20150127 Page 3 of 5
Exhibit A
SFA Budget – Trail from Prairie Center Drive to SouthWest Station
Item Cost
Professional Services
Design Cost $30,760
Administrative Fee (3% of Professional Services) 923
Maximum Amount of Authorized Funding $31,683
EP SFA03 –SW Station Trail_rev03 00_20150127 Page 4 of 5
Exhibit B
Trail from Prairie Center Drive to SouthWest Station
EP SFA03 –SW Station Trail_rev03 00_20150127 Page 5 of 5
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 3, 2015
DEPARTMENT/DIVISION:
Randy Newton
Public Works / Engineering
ITEM DESCRIPTION: #11-5801
Approve Subordinate Funding Agreement
04 for the Technology Drive Extension with
Metropolitan Council for the Southwest
Light Rail Transit Project
ITEM NO.: VIII.G.
Requested Action
Move to: Approve Subordinate Funding Agreement 04 for the Technology Drive Extension
with Metropolitan Council for the Southwest Light Rail Transit Project.
Synopsis
This agreement provides for the design of an approximately 150 foot extension of Technology
Drive to the west of Flying Cloud Drive. A determination will be made at a later date regarding
whether or not to proceed with construction of the roadway extension.
Background Information
The upgrade of the eastern segment of Technology Drive (segment east of Flying Cloud Drive)
to an urban 3-lane roadway and to match the existing roadway to the west has been proposed in
previous versions of the Capital Improvement Plan (CIP) and is currently included in the CIP for
2017. As currently proposed the Southwest LRT project will construct the majority of this
roadway segment however an approximately 150 foot section of unimproved Technology Drive
will remain. In order to obtain the best final roadway product and to minimize construction
impacts it is recommended that this 150 section of roadway be designed and constructed with the
Southwest LRT project. Prior to beginning construction a separate Subordinate Funding
Agreement for construction will be required.
Financial Implications
The agreement for design of the roadway extension has an estimated cost of $6,583. Costs for
the design will be paid using Municipal State Aid funds.
Attachment
Subordinate Funding Agreement 04
Reference Numbers:
SWLRT Project: 61001
Metropolitan Council:
City of Eden Prairie: ___________
PROJECT: SOUTHWEST LIGHT RAIL TRANSIT PROJECT
MASTER AGREEMENT: Master Funding Agreement – City of Eden Prairie
PARTIES TO AGREEMENT: • Metropolitan Council (“Council”)
• City of Eden Prairie (“City”)
SUBORDINATE FUNDING AGREEMENT
City of Eden Prairie - 04 (Technology Drive Extension)
This Subordinate Funding Agreement (“SFA”) with the City of Eden Prairie is entered into by and
between the above named Parties.
WHEREAS:
1. The Parties entered into a Southwest Light Rail Transit Project (“Project”) Master Funding
Agreement (“MFA”), effective January 29, 2015.
2. The Parties provided in the MFA that certain aspects of funding for the Project or components
related to but not part of the Project would be determined in subsequent SFAs.
3. The Parties desire to enter into this SFA to transfer City funds to reimburse the cost for Council
activities for professional services and the Council’s administrative fee to produce design plans
and a construction cost estimate for proposed components related to, but not part of the Project.
4. The Parties will be required to enter into a subsequent SFA to address environmental
documentation for proposed components related to, but not part of the Project.
5. The Parties acknowledge that the planning of the Project will require numerous federal, state
and local processes, approvals and funding commitments. The environmental review and other
processes for the Project are ongoing and the Project is subject to change to address those
processes. The outcomes of those processes may affect whether the components requested in
this SFA will ultimately be constructed.
NOW, THEREFORE, in reliance on the statements in these recitals, the Parties hereby agree as
follows:
1. Maximum Amount of Authorized Funding. The cost for the Council’s professional services
and administration activities authorized by this SFA shall not exceed $6,583 unless authorized
in a subsequent agreement or an amendment to this SFA.
EP SFA04_LRCI Technology Drive Extension_rev03 00_20150127 Page 1 of 5
2. SFA Budget. The budget for the Council’s activities described in this SFA is provided as
Exhibit A. City funds provided for this SFA may only be used for reimbursing the Council’s
costs for activities directly incurred within the described Description of Activities and as
detailed in the MFA.
3. Description of Activities. The activities to be performed by the Council and reimbursed by the
City includes the development of design plans and a construction cost estimate to reconstruct a
150-foot section of Technology Drive (“Technology Drive Extension”) located west of 11825
Technology Drive in Eden Prairie. See Exhibit B for a general depiction and location of the
Technology Drive Extension. If authorized by the City, the Technology Drive Extension is
anticipated to be constructed by the Project, and include curb, gutter, trail, and storm water
utilities.
The Council will incorporate the Technology Drive Extension design plans as a bid alternate in
the proposed Project construction bid documents if: a) the environmental review of the Project
and the components described in this SFA allow the construction of the Technology Drive
Extension; and b) the Project is permitted to proceed to construction. Specifications associated
with the Technology Drive Extension design plans will be incorporated in the overall
specifications within the Project construction bid documents. No separate or stand alone
specifications for the Technology Drive Extension design plans will be created.
After the Council selects a Project construction bid and the bid alternate is public, the City will
determine whether or not to accept the bid alternate. If the City chooses to accept the bid
alternate, the City is required to enter into a subsequent SFA authorizing the Council to
construct the bid alternate and reimburse the Council costs.
4. Environmental Documentation. The Parties will be required to enter into a subsequent SFA
that identifies the cost for the Council’s professional services to provide environmental
documentation for the Technology Drive Extension. The subsequent SFA will describe terms
requiring the City to reimburse the Council’s cost for environmental documentation and
administration activities associated with the Technology Drive Extension.
5. Release of Design Plans. If the City does not enter into an SFA with the Council to construct
the Technology Drive Extension along with the construction of the Project, but requests the
Council to release the Technology Drive Extension design plans to the City for the purpose of
current or future use of the plans, the Council shall release the design plans provided an
amendment to this SFA or a subsequent agreement is executed by the Parties to address
indemnification, liability, claims, access, copyright, and related issues as a result of the release
of the Technology Drive Extension design plans.
6. Property Acquisition. If it is necessary to acquire property rights for the Technology Drive
Extension, subsequent agreements must address property access, acquisition, disposition, and
other real property matters needed to construct the Technology Drive Extension beyond what is
required to construct the Project.
7. Project Activity Periods. The term of this SFA shall be effective as of January 29, 2015 and
shall terminate on the date all costs under this SFA have been reimbursed, unless terminated
earlier consistent with the terms of the MFA.
EP SFA04_LRCI Technology Drive Extension_rev03 00_20150127 Page 2 of 5
8. No Guarantee of Construction. This SFA describes terms requiring the City to reimburse the
Council’s cost for design activities associated with the requested Technology Drive Extension.
It does not guarantee that the Reconstructed Roadway will satisfy environmental review or be
constructed. The City and the Council acknowledge that nothing in this Agreement shall
require the Council to take any action or make any decision that will prejudice or compromise
any review or decision-making processes required under state and federal environmental review
laws, regulations or rules. The Parties intend this Agreement to be interpreted consistent with
statutory and other legal authorities, including but not limited to the Minnesota Environmental
Policy Act and the National Environmental Policy Act. The Parties agree that this SFA does
not limit the alternatives or mitigative measures that the Council may undertake in the
development and construction of the Project. The Council retains the right to make decisions
and necessary approvals associated with Project requirements.
9. Incorporation. The terms, conditions, and definitions of the MFA are expressly incorporated
into this SFA.
CITY OF EDEN PRAIRIE METROPOLITAN COUNCIL
By: By:
Its:
Its:
Date: Date:
By:
Its:
Date:
EP SFA04_LRCI Technology Drive Extension_rev03 00_20150127 Page 3 of 5
Exhibit A
SFA Budget – Technology Drive Extension (150 Feet)
Item Cost
Professional Services
Design Cost $6,391
Administrative Fee (3% of Professional Services) 192
Maximum Amount of Authorized Funding $6,583
EP SFA04_LRCI Technology Drive Extension_rev03 00_20150127 Page 4 of 5
Exhibit B
Technology Drive Extension (150 Feet)
EP SFA04_LRCI Technology Drive Extension_rev03 00_20150127 Page 5 of 5
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 3, 2015
DEPARTMENT/DIVISION:
Randy Newton
Public Works / Engineering
ITEM DESCRIPTION: #11-5801 Approve
Subordinate Funding Agreement 05 for
Locally Requested Capital Improvement
Environmental Documentation with
Metropolitan Council for the Southwest Light
Rail Transit Project
ITEM NO.: VIII.H.
Requested Action
Move to: Approve Subordinate Funding Agreement 05 for Locally Requested Capital
Improvement Environmental Documentation with Metropolitan Council for the
Southwest Light Rail Transit Project.
Synopsis
This agreement provides for the environmental documentation of the eleven Locally Requested
Capital Improvements Eden Prairie identified for the Southwest Light Rail Transit Project.
Separate Subordinate Funding Agreements will be needed for the design of each Locally
Requested Capital Improvement.
Background Information
Eden Prairie has identified the following Locally Requested Capital Improvements (LRCI’s) for
the Southwest Light Rail Transit Project:
• North-South Roadway in Town Center between Singletree Lane and the LRT Station
• Golden Triangle Trail
• Southwest Station Trail
• Technology Drive Extension
• Tapered, Tubular, Catenary Poles
• Decorative Street Lighting
• Decorative Fencing
• Concrete Planter Boxes
• Bridge Aesthetics
• Embedded track in Town Center
• Public Plazas
In order for these project components to be advanced and potentially constructed, environmental
review and documentation of each component must be completed. This agreement enables the
Southwest Light Rail Transit Project to complete the environmental documentation of each
LRCI.
In addition to the Subordinate Funding Agreement for environmental documentation, separate
design and construction Subordinate Funding Agreements will be needed for each LRCI.
Several of the design Subordinate Funding Agreements are included as separate items on this
City Council agenda. The remaining design Subordinate Funding Agreements are anticipated to
be developed once additional design information and details become available. After
construction costs for the roadway are known a decision on whether or not to proceed with
construction will need to be made for each LRCI.
Financial Implications
The agreement for environmental documentation has an estimated cost of $185,597. Costs for
the design will be paid from the Transportation Fund, Economic Development Fund, and
Municipal State Aid Fund.
Attachment
Subordinate Funding Agreement 05
Reference Numbers:
SWLRT Project: 61001
Metropolitan Council:
City of Eden Prairie: ___________
PROJECT: SOUTHWEST LIGHT RAIL TRANSIT PROJECT
MASTER AGREEMENT: Master Funding Agreement – City of Eden Prairie
PARTIES TO AGREEMENT: • Metropolitan Council (“Council”)
• City of Eden Prairie (“City”)
SUBORDINATE FUNDING AGREEMENT
City of Eden Prairie - SFA 05 (Environmental Documentation)
This Subordinate Funding Agreement (“SFA”) with the City of Eden Prairie is entered into by and
between the above named Parties.
WHEREAS:
1. The Parties entered into a Southwest Light Rail Transit Project (“Project”) Master Funding
Agreement (“MFA”), effective January 29, 2015.
2. The Parties provided in the MFA that certain aspects of funding for the Project or components
related to but not part of the Project would be determined in subsequent SFAs.
3. The Parties desire to enter into this SFA to transfer City funds to reimburse the cost for Council
activities for professional services and the Council’s administrative fee to complete required
federal, state, and local environmental documentation for proposed components related to, but
not part of the Project (“Components”).
4. The Parties will be required to enter into subsequent SFAs to develop design plans and
construction cost estimates for each of the Components described in this SFA.
5. The Parties acknowledge that the planning of the Project will require numerous federal, state
and local processes, approvals and funding commitments. The environmental review and other
processes for the Project are ongoing and the Project is subject to change to address those
processes. The outcomes of those processes may affect whether the Components requested in
this SFA will ultimately be constructed.
NOW, THEREFORE, in reliance on the statements in these recitals, the Parties hereb y agree as
follows:
1. Maximum Amount of Authorized Funding. The cost for the Council’s professional services
and administration activities authorized by this SFA shall not exceed $185,597 unless authorized
in a subsequent agreement or an amendment to this SFA. The Maximum Amount of Authorized
EP SFA05 –Environmental Documentation_rev01 00_20150127 Page 1 of 5
Funding is subject to amendment based on, but not limited to, additional environmental
documentation, as determined necessary.
2. SFA Budget. The budget for the Council’s activities described in this SFA is provided as
Exhibit A. City funds provided for this SFA may only be used for reimbursing the Council’s
costs for activities directly incurred within the described Description of Activities and as
detailed in the MFA.
3. Description of Activities. The activities to be performed by the Council and reimbursed by the
City includes completing required federal, state, and local environmental documentation for the
Components described in Exhibit B.
4. Environmental Documentation. The Federal Transit Administration (“FTA”) is the Project’s
lead federal agency under the National Environmental Policy Act of 1969 (“NEPA”) and the
Council is the Responsible Governmental Unit under the Minnesota Environmental Policy Act
of 1973 (“MEPA”). The FTA and the Council will complete the environmental review process
for the Project, including the Components described in this SFA proposed to be constructed as
part of the Project. Notwithstanding any contrary language in the MFA or this SFA, the
disclosure of draft environmental documents are subject to the Minnesota Government Data
Practices Act, Minn. Statutes, Chapter 13, and applicable federal law and the Council in its sole
discretion shall determine when such documents can or will be shared with the City.
5. Project Activity Periods. The term of this SFA shall be effective as of January 29, 2015 and
shall terminate on the date all costs under this SFA have been reimbursed, unless terminated
earlier consistent with the terms of the MFA.
6. Design Plans and Construction Cost Estimate. The Parties will be required to enter into
subsequent SFAs that identify the cost for the Council’s professional services to develop design
plans and construction cost estimates for each of the Components described in this SFA. The
subsequent SFAs will describe terms requiring the City to reimburse the Council’s cost for
design and administration activities associated with the Components.
The Council will incorporate the design plans for each of the Components as a bid alternate in
the proposed Project construction bid documents if: a) the environmental review of the Project
and the Components described in this SFA allow for the construction of the Components; and b)
the Project is permitted to proceed to construction. The construction specifications for each
Component will be incorporated in the overall specifications within the Project construction bid
documents. No separate or stand alone specifications for the Components design plans will be
created.
7. No Guarantee of Construction. This SFA describes terms requiring the City to reimburse the
Council’s cost to complete required federal, state, and local environmental documentation for
proposed Components described in Exhibit B. It does not guarantee that the Components will
satisfy environmental review or be constructed. The City and the Council acknowledge that
nothing in this Agreement shall require the Council to take any action or make any decision that
will prejudice or compromise any review or decision-making processes required under state and
federal environmental review laws, regulations or rules. The Parties intend this Agreement to
be interpreted consistent with statutory and other legal authorities, including but not limited to
the NEPA and MEPA. The Parties agree that this SFA does not limit the alternatives or
EP SFA05 –Environmental Documentation_rev01 00_20150127 Page 2 of 5
mitigative measures that the Council may undertake in the development and construction of the
Project. The Council retains the right to make decisions and necessary approvals associated
with Project requirements.
8. Incorporation. The terms, conditions, and definitions of the MFA are expressly incorporated
into this SFA.
CITY OF EDEN PRAIRIE METROPOLITAN COUNCIL
By: By:
Its: Its:
Date: Date:
By:
Its:
Date:
EP SFA05 –Environmental Documentation_rev01 00_20150127 Page 3 of 5
Exhibit A
SFA Budget: Environmental Documentation
Item Cost
Professional Services
Environmental Documentation Cost1 $180,191
Administrative Fee (3% of Professional Services) 5,406
Maximum Amount of Authorized Funding $185,597
1Additional environmental documentation (e.g., cultural resources survey,
contaminated property investigation, etc.) may be required and authorized in a
subsequent agreement or by amending this SFA, as determined necessary.
EP SFA05 –Environmental Documentation_rev01 00_20150127 Page 4 of 5
Exhibit B
Component Descriptions
No. Component Description
1.
A new north-south roadway connecting the proposed Town Center Station in the City of
Eden Prairie to Singletree Lane. This proposed North-South Roadway is generally located
immediately west of the Town Center Station and cul-de-sac, both to be constructed as part
of the Project, and proceeding south to Singletree Lane. The North-South Roadway
includes curb, gutter, trail, sidewalk, streetscaping, and utilities.
2.
A new 8-foot wide bituminous trail with a 2-foot buffer on each side extending from the
south side of West 70th Street to an existing trail that continues to Valley View Road and
includes retaining walls and fencing between the Golden Triangle Trail and the light rail
tracks.
3.
A new 8-foot wide concrete trail with a 2-foot buffer on each side, extending from the east
side of the Southwest Station platform to Prairie Center Dive along the north side of the
light rail tracks and includes retaining walls, pedestrian-scale lighting, fencing between the
Southwest Station Trail and the light rail tracks, storm sewer relocation, demolition, new
pavement, curb, gutter, and guardrails associated with the TH 212 off-ramp.
4. Tapered, tubular, catenary poles throughout Eden Prairie.
5. Installation of decorative street lighting in the Town Center area and along Technology
Drive from approximately Prairie Center Drive to the end of the alignment.
6. Upgrade fencing and bridge railings along the alignment in Eden Prairie.
7.
Installation of concrete planter boxes and walls adjacent to the alignment in the Town
Center area along Technology Drive from approximately Southwest Station to Mitchell
Road.
8. Upgrade bridge aesthetic quality by 5% on Prairie Center Drive, Valley View Road, and
Shady Oak Road/TH 212 bridges (excludes Nine Mile and I-494).
9.
Embedded track from Station 2112+50 (west of the proposed north-south road near Town
Center Station, at the western edge of the Traction Power Substation) to Station 2128+50
(east of Eden Road and Glen Road intersection).
10.
Construct public plazas adjacent to the station platforms at City West, Golden Triangle,
Town Center, Southwest, and Mitchell Stations, including elements beyond the base
Project.
11. Reconstruct a 150-foot section of Technology Drive located west of 11825 Technology
Drive in Eden Prairie and includes curb, gutter, trail, and storm water utilities.
EP SFA05 –Environmental Documentation_rev01 00_20150127 Page 5 of 5
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 3, 2015
DEPARTMENT/DIVISION:
Denise Christensen
Public Works / Engineering
ITEM DESCRIPTION:
Release of Agreements Regarding Special
Assessments
ITEM NO.: VIII.I.
Requested Action
Move to: Approve the Release of Agreement Regarding Special Assessments No. 02-08 and the
Release of Agreement Regarding Special Assessments No.02-09 for Lot 1 to 4 inclusive,
Block 1, and Outlot A, Welters Trailhead.
Synopsis
On March 18, 1999, the City of Eden Prairie entered into two Agreements Regarding Special
Assessments with Raymond N. Welter and Carole Welter pertaining to the levying of special
assessments for trunk and subtrunk improvements for the Welters Trailhead development.
Background Information
The improvements contemplated by the Agreements have been levied; therefore, the property
should be released from the Agreements Regarding Special Assessments.
Attachments:
Release of Agreement Regarding Special Assessment No. 02-09
Release of Agreement Regarding Special Assessment No. 02-08
(Top 3 inches reserved for recording data)
RELEASE OF AGREEMENT REGARDING SPECIAL ASSESSMENTS
DATE: February 3, 2015
FOR VALUABLE CONSIDERATION, the real property in Hennepin County, Minnesota, legally described as follows:
Lots 1 to 4 inclusive, Block 1 and Outlot A, Welters Trailhead
Check here if all or part of the described real property is Registered (Torrens)
is hereby released from the Agreement Regarding Special Assessments, dated March 18, 2003, executed between Raymond
N. Welter and Carole Welter and the City of Eden Prairie, filed on April 30, 2003, as Document Number 3728583, in the
Office of the County Registrar of Titles, Hennepin County, Minnesota.
CITY OF EDEN PRAIRIE
By:
Nancy Tyra-Lukens, Mayor
By:
Rick Getschow, City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _____ day of ___________________, 2015 by
_____________________________, and _____________________________, the Mayor and City Manager, respectively, of the
City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
__________________________________________
Notary Public
This instrument was drafted by:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, Minnesota 55344
(Top 3 inches reserved for recording data)
RELEASE OF AGREEMENT REGARDING SPECIAL ASSESSMENTS
DATE: February 3, 2015
FOR VALUABLE CONSIDERATION, the real property in Hennepin County, Minnesota, legally described as follows:
Lots 1 to 4 inclusive, Block 1 and Outlot A, Welters Trailhead
Check here if all or part of the described real property is Registered (Torrens)
is hereby released from the Agreement Regarding Special Assessments, dated March 18, 2003, executed between Raymond
N. Welter and Carole Welter and the City of Eden Prairie, filed on April 30, 2003, as Document Number 3728584, in the
Office of the County Registrar of Titles, Hennepin County, Minnesota.
CITY OF EDEN PRAIRIE
By:
Nancy Tyra-Lukens, Mayor
By:
Rick Getschow, City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _____ day of ___________________, 2015 by
_____________________________, and _____________________________, the Mayor and City Manager, respectively, of the
City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
__________________________________________
Notary Public
This instrument was drafted by:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, Minnesota 55344
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE:
February 03, 2015
DEPARTMENT/DIVISION:
Sue Kotchevar, Office of the
City Manager/Finance
ITEM DESCRIPTION:
Payment of Claims
ITEM NO.: X.
Requested Action
Move to: Approve the Payment of Claims as submitted (roll call vote)
Synopsis
Checks 236697 - 237001
Wire Transfers 1009789 - 1009901
Wire Transfers 5273 - 5293
City of Eden Prairie
Council Check Summary
2/3/2015
Division Amount Division Amount
General 144,821 601 Prairie Village Liquor 136,088
101 Legislative 7,673 602 Den Road Liquor 257,542
102 Legal Counsel 19,942 603 Prairie View Liquor 140,150
110 City Clerk 254 605 Den Road Building 1,575
111 Customer Service 3,422 701 Water Fund 232,942
112 Human Resources 1,866 702 Sewer Fund 10,144
113 Communications 5,699 703 Storm Drainage Fund 23,237
114 Benefits & Training 510 Total Enterprise Funds 801,677
131 Finance 29
132 Housing and Community Services 30,500 803 Escrow Fund 1,563
133 Planning 1,372 806 SAC Agency Fund 17,395
136 Public Safety Communications 18,708 807 Benefits Fund 410,469
150 Park Administration 1,119 809 Investment Fund 11,523
151 Park Maintenance 5,622 810 Workers Comp Insurance 5,815
153 Organized Athletics 3,121 811 Property Insurance 7,050
154 Community Center 35,768 812 Fleet Internal Service 260,046
156 Youth Programs 451 813 IT Internal Service 22,220
158 Senior Center 613 814 Facilities Capital ISF 585,882
160 Therapeutic Recreation 702 815 Facilites Operating ISF 23,836
161 Oak Point Pool 13,037 816 Facilites City Center ISF 44,003
162 Arts 2,329 817 Facilites Comm. Center ISF 28,545
163 Outdoor Center 191 Total Internal Service Funds 1,418,346
164 Park Rental Facilities 46
168 Arts Center 650 Report Totals 2,813,730
180 Police 24,400
183 Emergency Preparedness 522
184 Fire 4,749
186 Inspections 47
200 Engineering 2,167
201 Street Maintenance 56,887
202 Street Lighting 122,175
Total General Fund 509,392
301 CDBG 12,547
303 Cemetary Operation 1,904
Total Special Revenue Funds 14,450
308 E-911 17,771
309 DWI Forfeiture 1,427
315 Economic Development 13,116
502 Park Development 892
526 Transportation Fund 37
527 CIP - Leasing Costs 15,440
529 Shady Oak Rd-CR 61 South 18,803
531 Eden Prairie Road 2,379
Total Capital Project Funds 69,864
City of Eden Prairie
Council Check Register by GL
2/3/2015
Check #Amount Supplier / Explanation Account Description Business Unit Explanation
236925 585,882 IND SCHOOL DIST 272 Federal Government Facilities Capital Tassel building Improvements
5274 249,926 CERIDIAN Federal Taxes Withheld Health and Benefits Payroll
1009896 230,530 TOWMASTER INC Autos Public Works Plow equipment
237001 190,005 TMI COATINGS INC Improvement Contracts Water Capital Baker Rd Reconditioning Project
5277 155,648 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA
5278 139,167 MINNESOTA DEPT OF REVENUE Sales Tax Payable Facilities Operating ISF Sales/Use Taxes
1009832 69,016 XCEL ENERGY Electric Outdoor Center
236940 51,831 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
1009814 46,089 GRAYBAR Electric Street Lighting
236770 45,402 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
1009829 42,812 VTI Other Assets Wireless Comm Fixed Asset
236845 39,743 SOUTHERN WINE & SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
1009823 31,929 NORTHWEST ASPHALT Improvement Contracts Eden Prairie Road
1009901 30,379 XCEL ENERGY Electric City Hall - CAM
236871 28,018 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie View Liquor Store
236722 26,650 CARGILL SALT Salt Snow & Ice Control
236861 26,497 VERMONT SYSTEMS, INC Other Contracted Services Community Center Admin
236983 26,419 SOUTHERN WINE & SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
236999 25,286 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie View Liquor Store
5276 23,217 ING Deferred Compensation General Fund
1009826 22,217 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store
237000 20,771 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Den Road Liquor Store
1009876 19,474 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal Criminal Prosecution
1009870 19,438 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store
236886 18,803 AMERICAN ENGINEERING TESTING INC Testing - Soil Boring Shady Oak Rd-CR 61 South
236898 17,942 CARGILL SALT Salt Street Maintenance
236996 17,771 WASHINGTON COUNTY Equipment Repair & Maint E-911 Program
236951 17,221 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund
236826 15,113 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
1009895 14,686 THORPE DISTRIBUTING Liquor Product Received Den Road Liquor Store
236872 13,921 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie View Liquor Store
5275 13,687 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
1009869 13,642 DAIKIN APPLIED Contract Svcs - HVAC CIP - Leasing Costs
236997 13,116 WINDOW OUTFITTERS INC Other Contracted Services Project Fund
236926 13,037 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations
236939 11,976 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
236884 11,523 ADVANTUS CAPITAL MANAGEMENT INC Interest Investment Fund
1009838 11,375 DAY DISTRIBUTING Liquor Product Received Prairie View Liquor Store
1009840 10,861 GREENSIDE INC Contract Svcs - Snow Removal Fire Station #1
236769 10,709 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
236950 10,369 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
236968 10,243 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
1009793 9,479 DAY DISTRIBUTING Liquor Product Received Prairie Village Liquor Store
236876 8,000 PROP Other Contracted Services Housing and Community Service
236916 7,776 GRAYMONT Treatment Chemicals Water Treatment Plant
1009834 7,750 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service
1009867 7,714 CENTERPOINT ENERGY Gas Water Treatment Plant
236846 7,673 SOUTHWEST SUBURBAN CABLE COMMISSION Dues & Subscriptions City Council
236880 7,256 CARVER COUNTY LICENSE CENTER Autos Sewer System Maintenance
236961 7,201 NAC Contract Svcs - HVAC Fitness/Conference - Cmty Ctr
236995 6,969 VERIZON WIRELESS Wireless Subscription IT Operating
Check #Amount Supplier / Explanation Account Description Business Unit Explanation
236918 6,820 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police
1009820 6,735 MULCAHY COMPANY INC Contract Svcs - HVAC Fitness/Conference - Cmty Ctr
1009854 6,527 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage
236903 6,381 COMMUNITY ACTION PARTNERSHIP Refunds CDBG - Public Service
1009877 6,309 HANSEN THORP PELLINEN OLSON Other Contracted Services Storm Drainage
236984 6,070 SOUTHWEST SUBURBAN PUBLISHING-CLASSIFIED Legal Notices Publishing Communications
236784 5,815 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance
236854 5,545 TAPCO Signs Snow & Ice Control
236757 5,482 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
236972 5,465 PUMP AND METER SERVICE Equipment Repair & Maint Fleet Operating
1009825 5,389 STREICHERS Clothing & Uniforms Reserves
1009875 5,222 GRAYBAR Electric Street Lighting
236923 5,216 HYDRO-VAC INC Equipment Repair & Maint Storm Drainage
236994 5,142 VALLEY RICH CO INC Equipment Repair & Maint Water System Maintenance
1009815 5,101 HANSEN THORP PELLINEN OLSON Design & Engineering Transportation Fund
236878 5,000 SOUTHDALE YMCA YOUTH DEVELOPMENT PROGRAM Other Contracted Services Housing and Community Service
5291 4,973 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund
5287 4,865 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund
5288 4,784 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund
236870 4,772 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
236966 4,639 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
1009899 4,586 VTI Other Assets Public Safety Communications
1009850 4,430 TITAN ENERGY SYSTEMS Contract Svcs - Fire/Life/Safe Fitness/Conference - Cmty Ctr
5289 4,420 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund
236774 4,142 JOSEPHSON, NANCY Insurance Property Insurance
236998 4,075 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
236747 3,886 GRAYMONT Treatment Chemicals Water Treatment Plant
236874 3,750 IND SCHOOL DISTRICT 272 Other Contracted Services Housing and Community Service
1009860 3,712 BARR ENGINEERING COMPANY Design & Engineering Storm Drainage
1009878 3,552 HAWKINS INC Treatment Chemicals Water Treatment Plant
1009868 3,475 CERIDIAN Ceridian IT Operating
1009872 3,283 EPA AUDIO VISUAL INC Hardware Maintenance IT Operating
236879 3,250 TEENS ALONE Other Contracted Services Housing and Community Service
1009894 3,103 STREICHERS Training Supplies Police
236924 2,977 IMPACT PROVEN SOLUTIONS Other Contracted Services Environmental Education
236808 2,950 MPPOA Dues & Subscriptions Police
236822 2,938 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
236803 2,933 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
236905 2,900 DELANEY CONSULTING Other Contracted Services Prairie Village Liquor Store
5286 2,863 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund
236911 2,832 ENVIROTECH SERVICES, INC Other Contracted Services Street Maintenance
1009809 2,825 BARR ENGINEERING COMPANY Design & Engineering Storm Drainage
236920 2,764 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
1009888 2,653 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Garden Room Repairs
5290 2,532 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund
1009808 2,488 A-SCAPE INC Contract Svcs - Snow Removal Den Bldg. - CAM
236891 2,485 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
1009880 2,446 INDUSTRIAL FLOOR MAINTENANCE INC.Equipment Parts Fleet Operating
236965 2,433 ORACLE AMERICA INC Software Maintenance IT Operating
236804 2,396 MINNESOTA SAFETY SERVICES LLC Other Contracted Services Pool Lessons
236806 2,367 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake
1009807 2,320 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
236755 2,250 HENNEPIN COUNTY HOUSING, COMMUNITY WORKS Refunds CDBG - Public Service
1009861 2,209 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
1009810 2,192 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
1009859 2,042 A-SCAPE INC Contract Svcs - Snow Removal Den Bldg. - CAM
Check #Amount Supplier / Explanation Account Description Business Unit Explanation
236877 2,000 SOUTHDALE YMCA - CHILD CARE Refunds CDBG - Public Service
236915 1,997 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store
236892 1,982 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating
1009900 1,919 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
236971 1,916 PROP Refunds CDBG - Public Service
236842 1,904 SIGNSOURCE Other Contracted Services Pleasant Hill Cemetery
1009857 1,875 AMERICAN PUBLIC WORKS ASSOCIATION Dues & Subscriptions Engineering
236946 1,804 LEAGUE MN CITIES INS TRUST Insurance Property Insurance
5283 1,798 GENESIS EMPLOYEE BENEFITS, INC Other Contracted Services Health and Benefits
5282 1,798 GENESIS EMPLOYEE BENEFITS, INC Other Contracted Services Health and Benefits
5284 1,776 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund
1009831 1,712 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
236896 1,710 BUREAU OF CRIMINAL APPREHENSION Software Maintenance IT Operating
236949 1,641 LUBE-TECH ESI Equipment Repair & Maint Fleet Operating
236730 1,600 DAKOTA COUNTY TECHNICAL COLLEGE Conference/Training Street Maintenance
1009853 1,595 VINOCOPIA Liquor Product Received Prairie View Liquor Store
236829 1,510 PRAIRIE RESTORATIONS INC Other Contracted Services Topview Field
236875 1,500 MEALS ON WHEELS Other Contracted Services Housing and Community Service
1009884 1,500 METRO ELEVATOR INC Contract Svcs - Elevator City Hall - CAM
5292 1,485 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund
1009811 1,464 CDW GOVERNMENT INC.Office Supplies IT Operating
1009863 1,440 BOYER TRUCKS Equipment Parts Fleet Operating
236702 1,427 ADESA MPLS Miscellaneous DWI Forfeiture
236708 1,395 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
1009874 1,391 GRAINGER Supplies - Fire/Life/Safety Water Metering
1009852 1,379 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference - Cmty Ctr
236938 1,350 INTERTECH INC Other Contracted Services IT Operating
236975 1,350 ROBERT C VOGEL Other Contracted Services Heritage Preservation
1009844 1,334 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Hall - CAM
236789 1,310 LUBE-TECH ESI Lubricants & Additives Fleet Operating
5279 1,300 GENESIS EMPLOYEE BENEFITS, INC HSA Health and Benefits
236809 1,275 NAC Contract Svcs - Plumbing Arts Center
236712 1,270 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store
5293 1,253 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund
236758 1,250 HOMELINE Other Contracted Services Housing and Community Service
236906 1,243 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance
236958 1,200 MN TRANSPORTATION ALLIANCE Dues & Subscriptions Engineering
1009865 1,187 CARDIAC SCIENCE CORPORATION EMS Supplies Fire
236948 1,100 LOGIN/IACP Dues & Subscriptions Police
236881 1,064 LAMETTRYS COLLISION Insurance Property Insurance
236746 1,056 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store
236986 1,052 SPIRIT APPAREL AND STUFF Clothing & Uniforms Therapeutic Rec Admin
236736 1,012 E A SWEEN COMPANY Merchandise for Resale Concessions
236728 993 CURB CREATIONS Contract Svcs - Asphalt/Concr.Fire Station #2
5281 982 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
236835 980 RESURRECTION CHURCH Outside Water Sales Escrow
236992 971 UNIFORMS UNLIMITED Clothing & Uniforms Police
5285 937 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund
1009886 930 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store
236904 928 COSTCO Employee Award Fire
236836 922 RETROFIT COMPANIES, INC, THE Supplies - Electrical CIP - Leasing Costs
236720 900 BROTHERS FIRE PROTECTION Other Contracted Services CIP - Leasing Costs
236764 900 ITSAVVY LLC Software Maintenance IT Operating
236799 878 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Concessions
236814 873 OLSEN CHAIN & CABLE Repair & Maint. Supplies Water System Maintenance
236927 816 IND SCHOOL DIST 272 Gym Rental Volleyball
Check #Amount Supplier / Explanation Account Description Business Unit Explanation
236885 797 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs - Gen. Bldg City Center Operations
236739 780 FIRE SAFETY USA INC Protective Clothing Fire
236825 767 PETTY CASH Licenses & Taxes Customer Service
236963 757 OLSEN CHAIN & CABLE Small Tools Water System Maintenance
1009830 737 WATSON CO INC, THE Merchandise for Resale Concessions
236766 725 JANETSKI, BETH Other Contracted Services Winter Theatre
236697 700 HOUTZ, STEPHEN J Other Contracted Services Winter Theatre
236830 690 PROTECH FITNESS CO INC Equipment Parts Fitness Center
236907 687 DISPLAY SALES Supplies - General Bldg Park Shelters
1009790 674 CLAREY'S SAFETY EQUIPMENT Safety Supplies Utility Operations - General
236964 660 ONE CALL NOW Other Contracted Services Street Maintenance
236969 656 PINNACLE DISTRIBUTING Liquor Product Received Prairie View Liquor Store
1009833 610 ZIEGLER INC Equipment Parts Fleet Operating
236805 606 MINNESOTA STATE FIRE CHIEFS ASSN Dues & Subscriptions Fire
236893 600 BCA/CRIMINAL JUSTICE TRAINING & EDUCATIO Tuition Reimbursement/School Police
236985 600 SPECIAL SERVICES GROUP LLC Dues & Subscriptions Police
1009873 595 GOVDELIVERY Software Maintenance IT Operating
1009818 572 KIDCREATE STUDIO Instructor Service Arts Center
1009851 568 TOLL GAS AND WELDING SUPPLY Equipment Parts Fleet Operating
236754 564 HD SUPPLY WATERWORKS LTD Equipment Parts Water System Maintenance
236933 563 IND SCHOOL DIST 272 Gym Rental Volleyball
236952 559 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Den Road Liquor Store
1009806 536 VAN PAPER COMPANY Cleaning Supplies Den Road Liquor Store
236934 536 IND SCHOOL DIST 272 Gym Rental Volleyball
1009797 534 FASTENAL COMPANY Equipment Parts Water Metering
236738 522 EMERGENCY RESPONSE SOLUTIONS Equipment Parts Emergency Preparedness
236802 520 MINNESOTA CHIEFS OF POLICE ASSOC Dues & Subscriptions Police
236725 519 CENTURYLINK Wireless Subscription IT Telephone
1009871 517 DMX MUSIC Other Contracted Services Den Road Liquor Store
1009796 506 EXTREME BEVERAGE Liquor Product Received Prairie Village Liquor Store
1009862 503 BOUND TREE MEDICAL LLC EMS Supplies Fire
1009813 502 GRAINGER Cleaning Supplies Police City Center
236794 500 MCFOA Dues & Subscriptions Fire
236894 500 BLUE EARTH COUNTY SHERIFF'S DEPT Deposits Escrow
236917 500 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating
236812 477 OHLENDORF, DOUGLAS AR Utility Water Enterprise Fund
1009882 474 LEROY JOB TRUCKING INC Clothing & Uniforms Animal Control
236989 468 TALLEN & BAERTSCHI Legal Legal Criminal Prosecution
236957 465 MINNESOTA WANNER COMPANY Equipment Parts Fleet Operating
236931 457 IND SCHOOL DIST 272 Gym Rental Volleyball
236955 450 MINNESOTA CHIEFS OF POLICE ASSOC Dues & Subscriptions Police
236895 447 BROCK WHITE COMPANY LLC Repair & Maint. Supplies Sewer System Maintenance
236882 447 PETTY CASH-POLICE DEPT Operating Supplies Police
236819 443 PARK JEEP INC Equipment Parts Fleet Operating
1009858 439 AMERITRAK Other Contracted Services Snow & Ice Control
236908 434 E A SWEEN COMPANY Merchandise for Resale Concessions
236767 421 JBL COMPANIES AR Utility Water Enterprise Fund
236909 412 EDEN PRAIRIE WINLECTRIC Equipment Repair & Maint Traffic Signals
236716 410 BOOM ISLAND BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
1009837 409 BERRY COFFEE COMPANY Merchandise for Resale Concessions
236783 409 LAWN RANGER, THE AR Utility Water Enterprise Fund
236733 407 DIXON, THOMAS AND PAULA AR Utility Water Enterprise Fund
236937 405 INDUSTRIAL EQUITES Cash Over/Short General Fund
1009805 391 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Sewer System Maintenance
1009817 382 JEFFERSON FIRE & SAFETY INC Operating Supplies Fire
236977 380 ROOT O MATIC Equipment Repair & Maint Sewer System Maintenance
Check #Amount Supplier / Explanation Account Description Business Unit Explanation
1009893 360 STAR TRIBUNE MEDIA COMPANY LLC Employment Advertising Organizational Services
236744 345 FRYKLUND, JACKIE AR Utility Water Enterprise Fund
1009839 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service
236785 343 LEAP MANUFACTURING, LLC Patching Asphalt Street Maintenance
236914 341 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations - General
236811 340 NOKOMIS SHOE SHOP Clothing & Uniforms Park Maintenance
236706 340 APPERT'S FOODSERVICE Merchandise for Resale Concessions
236954 335 MILIO'S SANDWICHES Merchandise for Resale Concessions
236741 332 FLEETHAM GROUP, THE AR Utility Water Enterprise Fund
236960 329 MULCAHY INC Supplies - HVAC Fitness/Conference - Cmty Ctr
236860 325 VERLEY, TARYN Other Contracted Services Winter Theatre
236987 325 SUBURBAN WILDLIFE CONTROL INC Equipment Repair & Maint Storm Drainage
236698 305 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
236902 301 COMMERCIAL REFRIGERATION SYSTEMS INC Repair & Maint - Ice Rink Ice Arena Maintenance
236990 300 TCALMC Dues & Subscriptions Human Resources
1009887 290 POMP'S TIRE SERVICE INC Tires Fleet Operating
236993 280 UNIVERSAL ATHLETIC SERVICES INC Awards Touch Football
5273 259 CERIDIAN Garnishment Withheld General Fund
1009824 252 PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store
1009883 252 MENARDS Operating Supplies Traffic Signs
236832 251 RAMAN, ANU AR Utility Water Enterprise Fund
236772 250 JOHNSON, DALE AND LINDA AR Utility Water Enterprise Fund
236740 243 FLAHERTYS HAPPY TYME COMPANY Liquor Product Received Prairie Village Liquor Store
1009792 239 CUSTOM HOSE TECH Equipment Parts Fleet Operating
236793 233 MCDONALD, KEITH AR Utility Water Enterprise Fund
236913 231 FLYING CLOUD T/S #U70 Waste Disposal Park Maintenance
236929 223 IND SCHOOL DIST 272 Gym Rental Volleyball
236930 223 IND SCHOOL DIST 272 Gym Rental Basketball
236928 223 IND SCHOOL DIST 272 Building Rental Community Band
236727 223 COMCAST Wireless Subscription IT Operating
236703 222 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Den Road Liquor Store
236749 213 GROTH MUSIC Operating Supplies Community Band
236970 207 PIRTEK PLYMOUTH Repair & Maint. Supplies Water System Maintenance
236751 200 GURGEL, DAN Deposits-P&R Refunds Community Center Admin
236771 200 JOHNSON, BRADLEY AR Utility Water Enterprise Fund
1009890 193 SCHARBER & SONS Equipment Parts Fleet Operating
236715 191 BLOOMINGTON SECURITY SOLUTIONS Building Repair & Maint.Forest Hills Park
236945 182 LACOUNT SALES LLC Repair & Maint. Supplies Water System Maintenance
1009855 181 WHITE, BECKI Conference/Training Fire
236988 178 SUMMIT FIRE PROTECTION Contract Svcs - Fire/Life/Safe Fire Station #1
1009897 176 ULINE Operating Supplies Police
236941 172 KENDELL DOORS & HARDWARE INC Contract Svcs - Gener Arts Center
236711 172 BERG, ROBERT AR Utility Water Enterprise Fund
1009846 171 PRINTERS SERVICE INC Contract Svcs - Ice Rink Ice Arena Maintenance
236827 170 PILLSBURY, KRISTA AR Utility Water Enterprise Fund
1009885 167 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
236850 167 STRAND MANUFACTURING CO INC Small Tools Water Metering
1009791 165 CONKINS, RYAN Landscape Materials/Supp Street Maintenance
1009803 162 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
236800 161 MILLER, JOSH AR Utility Water Enterprise Fund
1009795 158 EICHMAN, NATHAN Clothing & Uniforms Police
1009794 156 DUNGAN, TRACY Mileage & Parking Park Facilities
236897 154 CALIFORNIA CONTRACTORS SUPPLIES INC Operating Supplies Utility Operations - General
236721 153 BURKE, JOHN AR Utility Water Enterprise Fund
236889 150 ANDERSON LAKES ANIMAL HOSPITAL Other Contracted Services Animal Control
236962 150 NATIONAL TACTICAL OFFICERS ASSOCIATION Dues & Subscriptions Police
Check #Amount Supplier / Explanation Account Description Business Unit Explanation
1009898 150 USA SECURITY Maintenance Contracts Water Treatment Plant
1009848 150 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
1009800 149 METROPOLITAN FORD Equipment Parts Fleet Operating
236726 146 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations - General
236887 146 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Prairie Village Liquor Store
1009816 145 HD SUPPLY FACILITIES MAINTENANCE Supplies - General Bldg Police City Center
236935 144 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
236991 144 TKO WINES, INC Liquor Product Received Den Road Liquor Store
1009799 142 KALLIGHER, ANDREA Mileage & Parking Community Center Admin
236833 140 RAPAPORT, ELLYN AR Utility Water Enterprise Fund
236900 136 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations - General
236710 135 ATTERBERRY, CHRISTOPHER AR Utility Water Enterprise Fund
236980 132 SBSI INC Software Maintenance IT Operating
236883 131 ADAMSON, ANDREA Deposits-P&R Refunds Community Center Admin
1009864 123 BROWNELLS INC.Training Supplies Police
236699 120 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
236847 120 SQUARE CUT Instructor Service Senior Center Programs
236724 119 CAVANAUGH, JOHN AR Utility Water Enterprise Fund
236851 117 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
1009849 117 RUE, RODNEY Mileage & Parking Engineering
236756 112 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance
236818 110 OXYGEN SERVICE COMPANY EMS Supplies Fire
1009821 110 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
236717 106 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
1009801 104 MPX GROUP, THE Printing Police
1009828 103 US HEALTH WORKS MEDICAL GRP MN, PC Employment Support Test Organizational Services
236776 101 KINDERMUSIK WITH KIM Instructor Service Arts & Drama Programs
236729 100 D R HORTON INC AR Utility Water Enterprise Fund
236859 100 VENKITACHALAM, HARISH Refunds Environmental Education
236919 100 HENNEPIN COUNTY RESIDENT & REAL ESTATE Other Contracted Services Engineering
1009835 99 AJITAPRASAD, BEENA Mileage & Parking Community Center Admin
236953 98 MIDWEST PLAYSCAPES Equipment Repair & Maint Staring Lake
236865 95 WATER HEATERS ONLY LLC Supplies - HVAC Riley House
1009879 94 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance
236762 94 IND SCHOOL DIST 272 Building Rental Community Band
1009802 93 PORTA, KITTY Conference/Training City Clerk
1009812 92 FEDEX Postage Human Resources
1009845 89 MY CABLE MART Miscellaneous IT Operating
1009819 87 MENARDS Cleaning Supplies Street Maintenance
236982 85 SIGNSOURCE Supplies - General Building City Center Operations
236775 84 KILKENNY LLC AR Utility Water Enterprise Fund
236709 83 AT&T MOBILITY Pager & Cell Phone Water System Maintenance
236831 81 PYLIPOW, DAVID AR Utility Water Enterprise Fund
236779 80 KRAUSE, STEVEN AR Utility Water Enterprise Fund
236817 80 OTTESON, JANET AR Utility Water Enterprise Fund
236899 80 CHAMPION PLUMBING Plumbing Permits General Fund
236857 80 TRIWEST RENOVATIONS INC AR Utility Water Enterprise Fund
1009881 78 KIDCREATE STUDIO Instructor Service Arts Center
236753 78 HANSON, MARY AR Utility Water Enterprise Fund
236816 76 ORCUTT, HAROLD AR Utility Water Enterprise Fund
236838 76 SAUERWEIN, CORY AR Utility Water Enterprise Fund
236777 75 KONCZAK, DAN AR Utility Water Enterprise Fund
236959 75 MPSTMA Dues & Subscriptions Park Maintenance
236866 75 WEEKS, RICHARD AR Utility Water Enterprise Fund
1009804 74 SEVENICH, WENDY Mileage & Parking Community Center Admin
236869 73 WILLETTE, PAUL AR Utility Water Enterprise Fund
Check #Amount Supplier / Explanation Account Description Business Unit Explanation
236765 71 J H LARSON COMPANY Repair & Maint. Supplies Park Maintenance
1009836 70 BATTERIES PLUS Office Supplies Den Bldg. - CAM
236936 70 INDUSTRIAL AND RESIDENTIAL LIGHTING INC Lab Supplies Water Treatment Plant
236719 68 BRACE, RHETA AR Utility Water Enterprise Fund
1009856 67 WILSON, JOHN D.Clothing & Uniforms Police
236840 67 SCHLEIDER, PETER AR Utility Water Enterprise Fund
236797 66 MICHALE, PAUL AR Utility Water Enterprise Fund
236750 64 GULBRANSON, JOSHUA AR Utility Water Enterprise Fund
236801 63 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating
1009789 61 BATTERIES PLUS Supplies - Electrical Fire
236760 60 HOOVERSON, ORIN M AR Utility Water Enterprise Fund
236942 60 KERVIN, THERESA L Deposits Community Center Admin
236856 60 TINUCCI, JAMES AND LINDSEY AR Utility Water Enterprise Fund
1009843 57 KRUEGER, MARK Operating Supplies Reserves
236858 56 VAN HELDEN, PETER AND TANYA AR Utility Water Enterprise Fund
1009891 55 SHI CORP Software Maintenance IT Operating
236837 55 SAFAR, JACK AND PAMELA AR Utility Water Enterprise Fund
236824 54 PETERS, PAUL AR Utility Water Enterprise Fund
236743 51 FREELAND, KATHY AR Utility Water Enterprise Fund
236844 51 SNEEN, KIRBY AR Utility Water Enterprise Fund
236834 51 RECH, PETER AR Utility Water Enterprise Fund
236704 50 ANDERSON, HEATHER Refunds Environmental Education
236798 50 MIDWEST ART FAIRS Advertising Arts in the Park
236855 50 THOMPSON, ROBERT AR Utility Water Enterprise Fund
236778 49 KOSTRZEWA, SHAWN AR Utility Water Enterprise Fund
236943 48 KODIAK CUSTOM LETTERING INC Operating Supplies Ice Admin.
236781 45 LANO EQUIPMENT INC Equipment Parts Fleet Operating
236768 45 JENNEN, MARK AR Utility Water Enterprise Fund
236868 45 WHITING, JON AR Utility Water Enterprise Fund
1009842 45 JOHN DEERE LANDSCAPES/LESCO Repair & Maint. Supplies Park Maintenance
236723 41 CARNEY, SHANNON AR Utility Water Enterprise Fund
236852 41 SUCHY, ELAINE AR Utility Water Enterprise Fund
236701 41 ADAMSON, ARTHUR AND AMY AR Utility Water Enterprise Fund
236791 40 MCCORMICK, JUDSON AND NOELLE AR Utility Water Enterprise Fund
236921 40 HOLMQHIST, EMILY AND DAVID Deposits Community Center Admin
236976 40 ROONEY, PAUL & AUDREY Deposits Community Center Admin
236780 39 KUTT, ANN AR Utility Water Enterprise Fund
1009841 38 HIRSHFIELD'S Repair & Maint. Supplies Water Treatment Plant
236862 38 WADNAL, SHARON AR Utility Water Enterprise Fund
236773 38 JOHNSON, JULIAN AR Utility Water Enterprise Fund
236700 37 ABEL, JOHN AR Utility Water Enterprise Fund
236823 37 PENAFLOR, JOHN AR Utility Water Enterprise Fund
236735 36 DUNHAM, MARCELLE AR Utility Water Enterprise Fund
236707 36 ARMSTRONG, WARD AR Utility Water Enterprise Fund
236810 36 NIELSEN, DOUGLAS AR Utility Water Enterprise Fund
236763 35 INDOFF INCORPORATED Office Supplies Customer Service
236863 34 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating
236815 32 OLSEN'S EMBROIDERY/COMPANY Operating Supplies Customer Service
236848 31 STAPLES ADVANTAGE Office Supplies Customer Service
236873 31 YOUNG, HELEN AR Utility Water Enterprise Fund
236813 29 OHMAN, ANDREW AR Utility Water Enterprise Fund
236732 28 DEFRANSICO, JOE AR Utility Water Enterprise Fund
236737 27 ELLINGSON, AARON AR Utility Water Enterprise Fund
236796 25 MEYERS, JOAN Deposits-P&R Refunds Community Center Admin
236807 25 MPFF Conference/Training Fire
236978 25 ROXY NOWICKI, MUNICI-PALS TREASURER Dues & Subscriptions Human Resources
Check #Amount Supplier / Explanation Account Description Business Unit Explanation
236745 25 GLAESER, JOHN AR Utility Water Enterprise Fund
236748 25 GREER, DWAIN AR Utility Water Enterprise Fund
236752 24 HANLINE, CHRIS AR Utility Water Enterprise Fund
236759 24 HOMES, TESORO AR Utility Water Enterprise Fund
236932 23 IND SCHOOL DIST 272 Gym Rental Basketball
236864 23 WARNER, BLAKE AR Utility Water Enterprise Fund
1009889 22 QUICKSILVER EXPRESS COURIER Other Contracted Services Elections
236782 22 LAUDERDALE PROPERTIES, LLC AR Utility Water Enterprise Fund
1009798 21 JOHN DEERE LANDSCAPES/LESCO Operating Supplies Park Maintenance
1009822 21 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant
236820 21 PATTERSON, JESSICA AND ZACHARY AR Utility Water Enterprise Fund
236705 20 ANDERT, JOE AR Utility Water Enterprise Fund
236910 20 ENGER, STACY Deposits Community Center Admin
236922 20 HOOKOM, LYLE Deposits Community Center Admin
236944 20 KOSTELIZ, ANGELA Deposits Community Center Admin
236947 20 LEE, CHRISTOPHER Deposits Community Center Admin
236967 20 PETERSON, HARRIET Deposits Community Center Admin
236973 20 PURI, RAJSHREE Deposits Community Center Admin
236979 20 SALIHOVIC, RESKO Deposits Community Center Admin
236843 20 SLICK, JULIANNE AR Utility Water Enterprise Fund
236713 20 BETTIN, JENNIFER AR Utility Water Enterprise Fund
236792 19 MCCUE, KATHLEEN AR Utility Water Enterprise Fund
236853 19 SURINA, STEVE AR Utility Water Enterprise Fund
236734 19 DOBBELMANN, ELIZABETH AR Utility Water Enterprise Fund
236839 19 SCHASER, MICHAEL AR Utility Water Enterprise Fund
1009866 18 CAWLEY COMPANY, THE Clothing & Uniforms Den Road Liquor Store
236828 18 PLAZA, RUBEN AR Utility Water Enterprise Fund
236761 18 HORSTMAN, WILLIAM AR Utility Water Enterprise Fund
1009847 17 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference - Cmty Ctr
236849 16 STEVENS, DEB AR Utility Water Enterprise Fund
236867 16 WERNSING, TYLER AR Utility Water Enterprise Fund
236788 14 LOME, BERNARD AR Utility Water Enterprise Fund
1009892 13 SPS COMPANIES Repair & Maint. Supplies Water System Maintenance
236742 12 FRAZIER, LESLIE AND GALE AR Utility Water Enterprise Fund
236787 12 LEVILLE, CHRISTOPHER AND SHONALIE AR Utility Water Enterprise Fund
236714 12 BLATZ, JOHN AR Utility Water Enterprise Fund
236718 11 BOVEE, JOSH AR Utility Water Enterprise Fund
236795 9 MCNULTY, THOMAS AR Utility Water Enterprise Fund
236790 9 MATTSON, JULIE AR Utility Water Enterprise Fund
236912 9 FISERV INC Bank and Service Charges Water Accounting
236786 9 LEE, JACOB AR Utility Water Enterprise Fund
1009827 9 UPS Equipment Repair & Maint Public Safety Communications
236956 9 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods
236821 8 PAUKERT, LAURA AR Utility Water Enterprise Fund
236888 8 ANDERSON HEATING Cash Over/Short General Fund
236974 7 REGISTRATION FEE TRUST Office Supplies Customer Service
236981 7 SCHAFFER, MARJORIE Deposits-P&R Refunds Community Center Admin
236841 6 SCHWITZER, JAMES AR Utility Water Enterprise Fund
236731 6 DALLMANN, DAVID AR Utility Water Enterprise Fund
236890 5 ANONDSON, SAWYER Deposits-P&R Refunds Community Center Admin
236901 2 COMCAST Other Contracted Services Police
2,813,730 Grand Total
CITY COUNCIL AGENDA
SECTION: Ordinances & Resolutions
DATE:
February 3, 2015
DEPARTMENT/DIVISION:
Richard Rosow, City Attorney
ITEM DESCRIPTION:
First Reading of Ordinance Amending City
Code Chapter 5 relating to Peddlers,
Solicitors and Transient Merchants
ITEM NO.: XI.A.
Requested Action
Move to: Approve the first reading of an ordinance amending City Code Chapter 5 by amending
Section 5.37 relating to the regulation of peddlers, solicitors and transient merchants.
Background Information
The regulation of peddlers, solicitors and transient merchants is problematic as it must balance the
protection of residents with the Constitutional protections of speech, expression and religion. The
City Attorney recommended updating the City’s Code section addressing these activities to ensure
compliance with the current laws. Working with the Police Department the City Attorney has
drafted the attached ordinance.
The revisions to the ordinance include:
• Adding definitions for “Chief of Police”, “City Clerk”, “City Manager”, “Non-Commercial
Door-to-Door Advocate”, “Permit Activities”, and “Person”;
• Requiring that each person engaging in peddling or soliciting type activities must obtain a
permit;
• Updating those who are exempt from the permit requirement including: (i) updating the
statutory and federal exemptions; (ii) creating an exemption for non-commercial door-to-
door advocates; and (iii) creating a limited exemption for organizations whose activities are
for the benefit of children;
• Revising the application process by requiring the application be on the form provided by the
City instead of specific application requirements, moving the fee to the City fee schedule,
and adding a fee exemption for those involved in interstate commerce.
• Revising the investigation and issuance process by removing the specific time limits and
inserting a “reasonable” period of time, detailing how a permit will be issued if the
investigation is acceptable, adding specific justification for denial of a permit including
failure to complete or sign application, failure to pay fee, conviction within last 5 years,
revocation of permit within last 5 years, denial of permit within last year, business reputation,
and compliance with regulations;
• Adding a procedure to appeal denial of a permit;
• Adding a section prohibiting non-permit holders from accompanying permit holders,
requiring the carrying of the permit, setting the expiration of the permit, requiring that the
permit be returned upon expiration, and requiring issuance of a receipt;
• Adding a section restricting the conduct of all those engaged in peddling or soliciting type
activities including regulations relating to noise, entrance on private and City property, time
restrictions, misleading statements, obstructing traffic, and offensive or threatening activities;
• Adding procedures for revocation or suspension of a permit, emergency revocation or
suspension, and appeal; and
• Adding a penalty section detailing that violations constitute a misdemeanor and can result in
loss of a permit.
Attachment
Ordinance Amending City Code Section 5.37
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. __-2015
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 5 BY AMENDING SECTION 5.37 RELATING TO
PEDDLERS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. City Code Chapter 5 is amended by deleting Section 5.37 in its entirety and replacing
it with the following:
SECTION 5.37. PEDDLERS.
Subd. 1. Purpose. This Section is not intended to interfere with the legitimate business activities
of peddlers, solicitors, and transient merchants as the same are defined herein, whether same be
local or interstate. These provisions are intended only to, as nearly as possible, ferret out all
illegitimate or confidence operators and to regulate and control all those who, in person, would
use their unique presence on property within the City of Eden Prairie, or their unique proximity
to its residents, for purposes of harassment, nuisance, theft, or other unlawful activities.
Subd. 2. Definitions. When used in this Section, the following terms have the following
meanings:
A. “Chief of Police” means the Chief of Police pursuant to City Code Section 2.30, Subd. 3
and/or the Chief of Police’s designee.
B. “City Clerk” means the City Clerk appointed by the City Manager pursuant to City Code
Section 2.30, Subd. 1 F and/or the City Clerk’s designee.
C. “City Manager” means the City Manager appointed by the City Council pursuant to City
Code Section 2.30, Subd. 1, and/or the City Manager’s designee.
D. “Non-Commercial Door-to-Door Advocate” means any person who goes door-to-door
for the primary purpose of disseminating religious, political, social, or other ideological
beliefs. For purposes of this Section, the term non-commercial door-to-door advocate
shall include door-to-door canvassing, pamphleteering intended for non-commercial
purposes, and seeking donations for which no product or service is given in return.
E. "Peddler" means any person, whether a resident of the City of Eden Prairie or not, who
goes from house to house, from place to place, or from street to street, conveying or
transporting goods, wares or merchandise or offering or exposing the same for sale, or
making sales where payment is received immediately for future delivery to purchasers.
F. “Permit Activities” means all activities requiring a permit pursuant to this Section.
G. “Person” means a Person as defined in City Code Section 1.02, Subd. 5.
H. "Solicitor" means any person, whether a resident of the City of Eden Prairie or not, who
goes from house to house, from place to place, or from street to street with the intention
of taking orders or scheduling future visits for taking orders for services or goods for
future delivery and payment.
I. "Transient merchant" includes any person, firm or corporation, whether as owner, agent,
consignee, or employee, whether a resident of the City of Eden Prairie or not, who
engages in a temporary business of selling and delivering goods, wares and merchandise
within the City, and who, in furtherance of such purpose, hires, leases, uses or occupies
any building, structure, motor vehicle, trailer, tent, railroad boxcar, boat, public room in
hotels, lodging houses, apartments, shops, or any street, alley or other place within the
City, for the exhibition and sale of such goods, wares and merchandise, either privately or
at public auction, provided however that such definition does not include any person,
firm or corporation who sells such goods, wares, or merchandise from within the confines
of a lawfully established and operating permanent retail sales operation.
Subd. 3. Permit Required. It is unlawful for any peddler, solicitor, or transient merchant to
engage in permit activities within the City of Eden Prairie without first obtaining a permit
therefor in compliance with the provisions of this Section. Each peddler, solicitor, or transient
merchant engaged in permit activities, whether independently or on behalf of another, must have
a separate permit.
Subd. 4. Exemptions.
A. The permit requirement in Subd. 3 and the General Permit Provisions in Subd. 7 of this
Section do not apply to the following: (i) the acts of persons selling personal property at
wholesale to dealers in such articles, nor the delivery of newspapers, nor to the acts of
merchants or their employees in delivering goods in the regular course of business, nor to
the sale of farm or garden products by the person producing the same at the location
where such products are produced, which production shall be proven by the vendor, nor;
(ii) persons employed at a bakery, dairy or grocery making an uninvited initiatory visit in
an effort to establish regular route service for future delivery of perishables.
B. The permit requirement in Subd. 3 and the General Permit Provisions in Subd. 7 of this
Section do not apply to non-commercial door-to-door advocates. This exemption will not
apply if the person’s exercise of constitutional rights is merely incidental to what would
properly be considered a commercial activity.
C. The permit requirement in Subd. 3 and the General Permit Provisions in Subd. 7 of this
Section do not apply to peddlers or solicitors who are 17 years of age or younger, who are
engaged in permit activities on behalf of a public school or private school, philanthropic
organization, or community organization, which private school, philanthropic
organization or community organization or its parent organization is on file with the
Minnesota Secretary of State as a Minnesota domestic or a foreign business organization
or has filed an assumed name, where the proceeds of the sales are mainly devoted to the
benefit of the children engaged in the permit activities.
D. Nothing contained in this Section prohibits any sale required by statute or by order of any
court, or prevents any person conducting a bona fide auction sale pursuant to law.
Subd. 5. Application and Fee.
A. Applicants for a peddler, solicitor, or transient merchant permit under this Section shall
file with the City Clerk a sworn application in writing on a form to be furnished by the
City Clerk.
B. At the time of filing an application for a peddler, solicitor, or transient merchant permit, a
fee shall be paid to the City Clerk to cover the cost of administering the permit and
investigation of the facts stated therein. The fee shall be as set forth in the City fee
schedule and may be amended from time to time. No fees are required of individuals
taking orders for the shipment of goods through interstate commerce.
Subd. 6. Investigation and Issuance.
A. Upon receipt of each peddler, solicitor or transient merchant application, it shall be
referred to the Chief of Police who shall institute such investigation of the applicant's
business and moral character as s/he deems necessary including, but not limited to, a
criminal history and wanted persons check with the Bureau of Criminal Apprehension for
the protection of the public good, and shall endorse the application in the manner
prescribed in this Section within a reasonable period of time.
B. If, as a result of such investigation, the business and moral character of the applicant are
found to be satisfactory, the Chief of Police shall endorse on the application his/her
approval and return the application to the City Clerk, who shall issue the permit to the
applicant. Such permit shall contain the information and be in the form required by the
City.
C. If, as a result of such investigation, the applicant's business or moral character are found
to be unsatisfactory, the Chief of Police shall endorse on such application his/her
disapproval and his/her reasons for the same, and return the application to the City Clerk,
who shall notify the applicant that his/her application is denied and that no permit will be
issued. Any applicant's business or moral character may be found to be unsatisfactory for
reasons including, but not solely limited to:
1. Fraud, misrepresentation or incorrect statement contained in the application for permit.
2. The failure of an applicant to fully complete or to sign the permit application.
3. The failure of an applicant to pay the required fee at the time of application.
4. A conviction or adjudication within five (5) years of the date of application for any
violation of any federal or state statute or regulation, or of any local ordinance, which
adversely reflects upon the person’s ability to conduct the business for which the
permit is being sought in a legal manner. Such violations shall include, but are not
limited to, burglary, theft, larceny, swindling, fraud, unlawful business practices, and
any form of actual or threatened physical harm against another person.
5. The revocation, within the past five (5) years, of any license or permit issued to an
applicant for the purpose of conducting business as a peddler, solicitor, or transient
merchant.
6. The denial, within the last year, of any license or permit application for the purpose of
conducting business as a peddler, solicitor, or transient merchant.
7. When an applicant has a bad business reputation, evidence of which shall include, but
is not limited to, the existence of more than three (3) substantiated complaints against
an applicant with the Better Business Bureau, the Office of the Minnesota Attorney
General or another state’s regulatory office or department (such as another state’s
attorney general’s office), or other business or consumer rights office or agency,
within the preceding twelve (12) months, or three (3) substantiated complaints filed
with the city or another city, town, or other political subdivision against an applicant
within the preceding five (5) years.
8. Failure to follow all Federal, State and Local regulations, including failure to be
registered, licensed or permitted if such registration, license or permit is required by
any Federal, State or Local regulation.
D. Any permit holder aggrieved by the denial of a permit may appeal to the City Manager.
Such appeal shall be taken by filing with the City Clerk within ten (10) days after the
denial of a permit, a written statement requesting a hearing before the City Manager and
setting forth fully the grounds for the appeal. A hearing shall be held within fifteen (15)
days of receipt of the request. Notice of the hearing shall be given by the City Clerk in
writing, setting forth the time and place of hearing. Such notice shall be mailed, postage
prepaid, to the permit holder at his/her last known address at least five (5) days prior to
the date set for hearing, or shall be delivered by a police officer in the same manner as a
summons at least three (3) days prior to the date set for hearing.
Subd. 7. General Permit Provisions.
A. Each person engaged in permit activities must be permitted as provided herein and may
not be accompanied by a person who is not permitted while engaging in such activities.
No permit may be transferred between persons or businesses.
B. Each person engaged in permit activities must carry the City issued permit on his or her
person and must display the permit between the waist and the neck on the front of his or
her outer garment while engaged in permit activities.
C. All permits shall expire on December 31 in the year the permit is issued.
D. The permit issued by the City is the property of the City and must be returned to the City
within seven (7) days of its expiration.
E. Each person engaged in permit activities must provide a sales slip, receipt, or other
documentation to any person to whom they make a sale, or from whom they take an order
or receive funds. The sales slip, receipt, or documentation must include the name of the
person engaged in permit activities, his or her affiliated organization, the organization’s
address and phone number, and a description of the transaction.
Subd. 8. Restrictions. No peddler, solicitor, transient merchant, non-commercial door-to-door
advocate, any person acting on his or her behalf, or other person engaged in similar activities
shall, while engaged in such activities:
A. Shout, cry out, blow a horn, ring a bell, or use any sound amplifying device upon any of
the streets, alleys, parks or other public places of the City or upon private property where
sound of sufficient volume is emitted or produced therefrom to be capable of being
plainly heard upon the streets, avenues, alleys, parks, or other public places.
B. Enter in or upon the property of another or attempt to enter in or upon the property of
another if a placard or sign has been posted excluding peddlers and solicitors. The
printed placard or sign must bear the notice: "Peddlers and Solicitors Prohibited". Such
placard shall be at least 3-3/4 inches long and 3-3/4 inches wide and the printing thereon
shall not be smaller than 48-point type. No person other than the person occupying such
property shall remove, injure or deface such placard or sign.
C. Enter in or upon the property of another or attempt to enter in or upon the property of
another before 9:00 a.m. or after 7:00 p.m. local time year-round
D. Obstruct the free flow of traffic, either vehicular or pedestrian in any public right of way.
E. Make false or misleading statements about the activities or the products or services being
sold.
F. State or imply that the City, by issuance of a permit, has endorsed his/her activities or
products.
G. Operate in a manner a reasonable person would find harassing, intimidating, abusive or
threatening.
H. Operate in a manner a reasonable person would find offensive, obscene, or abusive, push
open a door not opened by an occupant, place any portion of the person’s body through
an opened doorway without the invitation of an occupant, or physically attempt to stop an
occupant from closing a door.
I. Enter onto the property of another through any side or rear yard or attempt to make
contact with a person at any point other than the main point of entrance of the building or
property being approached.
J. Remain on the property of another after instructed to leave.
K. Act in a manner that threatens the health, safety, or welfare of any person or the general
public.
L. Conduct permit activities in any city park without prior written authorization from the
City Manager.
Subd. 9. Revocation of Permit.
A. Permits issued under the provisions of this Section may be revoked after notice and a
hearing conducted by the City Manager, for any of the following causes: violation of this
Section; violation of federal, state, or local law rule or regulation relating to peddlers,
solicitors, or transient merchants; or any action identified in Subd. 6 C.
B. The Chief of Police may recommend revocation of a permit to the City Manager. Notice
of the hearing for revocation of a permit shall be given by the City Clerk in writing,
setting forth specifically the grounds of complaint and the time and place of hearing.
Such notice shall be mailed, postage prepaid, to the permit holder at his/her last known
address at least five (5) days prior to the date set for hearing, or shall be delivered by a
police officer in the same manner as a summons at least three (3) days prior to the date
set for hearing.
Subd. 10. Appeal. The decision of the City Manager following a public hearing as provided for
in this Section can be appealed by petitioning the Minnesota Court of Appeals for a writ of
certiorari.
Subd. 11. Emergency. If, in the discretion of the City Manager, imminent harm to the health or
safety of the public may occur because of the actions of any person permitted under this Section,
the City Manager may immediately suspend the person’s permit and in such event shall provide
notice to the person of the right to a post-suspension hearing pursuant to the procedures in Subd.
9.
Subd. 12. Severability. If any provision of this Section is found to be invalid for any reason by
a court of competent jurisdiction, the validity of the remaining provisions shall not be affected.
Subd. 13. Penalty.
A. Failure to perform, meet or comply with any condition or obligation imposed upon a
permit holder by the City Code shall constitute a sufficient ground to withhold issuance,
suspend, or revoke the permit.
B. A person who commits or attempts to commit, conspires to commit or aids or abets in the
commission of an act constituting a violation of this Section, whether individually or in
connection with one or more other persons or as principal, agent, or accessory is guilty of
a misdemeanor. A person who falsely, fraudulently, forcibly or willfully induces, causes,
coerces, permits or directs another to violate a provision of Section is guilty of a
misdemeanor.
Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to
the Entire City Code Including Penalty for Violation” and Section 5.99 entitled “Violation a
Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 3. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
______ day of ____________________, 2015 and finally read and adopted and ordered
published at a regular meeting of the City Council of said City on the _____ day of
________________, 2015.
____________________________ ______________________________
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on____________________________.
CITY COUNCIL AGENDA
SECTION: Ordinances & Resolutions
DATE:
February 3, 2015
DEPARTMENT/DIVISION:
Richard Rosow, City Attorney
ITEM DESCRIPTION:
First Reading of Ordinance Amending City
Code Chapter 9 relating to Point of Sale
Inspections
ITEM NO.: IX.B.
Requested Action
Move to: Approve the first reading of an ordinance amending City Code Chapter 9 by adding
Section 9.17 relating to Point of Sale inspections.
Synopsis
The Ordinance creates an inspection program for residential dwelling units listed for sale. Prior
to the listing for sale of a residential dwelling unit, the owner must arrange for an inspection by
either the City Building Official or a licensed Independent Evaluator. After the inspection the
owner receives and must conspicuously display a report detailing the inspection and identifying
any deficiencies in the dwelling unit. The inspection report must also be provided to the buyer.
The Ordinance requires that deficiencies be repaired by the owner prior to sale and/or occupancy
or in certain circumstances may be performed by the buyer. The Ordinance also requires that the
Building Official receive copies of all inspection reports.
Background Information
The purpose of the adoption of a point of sale inspection ordinance is to enhance the supply of
safe, sanitary and adequate housing and to prevent the deterioration of the overall housing stock
of the City, thereby protecting the general health, safety, and public welfare of our residents. Last
year 1,545 homes were listed for sale in Eden Prairie.
Attachment
Ordinance Adding City Code Section 9.17
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE
CHAPTER 9 ENTITLED “PUBLIC PROTECTION, CRIMES AND OFFENSES,” ADDING
SECTION 9.17 RELATING TO POINT OF SALE INSPECTIONS, AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER
THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Eden Prairie City Code Chapter 9, Section 9.17 is adopted to read as follows:
“SECTION 9.17 POINT OF SALE INSPECTIONS
Subd. 1. Purpose. The purpose of this Section of the City Code is to enhance the supply of safe,
sanitary, and adequate housing and to prevent the deterioration of the overall housing stock in the City,
thereby protecting the general health, safety, and welfare of the public. The provisions contained herein
are in addition to other applicable provisions of the City Code and not in lieu thereof.
Subd. 2. Scope. The provisions of this Section shall apply to all Dwelling Units located within the City.
Subd. 3. Definitions. For the purpose of this Section, the following terms shall mean:
A. Building Official: The Building Official of the City of Eden Prairie or his/her authorized
designee.
B. Buyer: Any person or entity who purchases or receives a Dwelling Unit.
C. City Manager: The City Manager appointed by the City Council pursuant to City Code Section
2.30, Subd. 1, and/or the City Manager’s designee.
D. Deficiency: A condition or defect which detracts from the neighborhood, property values, or
endangers health, safety, and welfare.
E Dwelling Unit: Any building or portion thereof which is designed or used for residential
purposes by one or more people, not including hotels, motels, rest homes, hospitals or nursing
homes. Includes but is not limited to any single-family dwelling, duplex, townhome, or
condominium.
F. Independent Evaluator: Independent Evaluators are licensed by the City of Eden Prairie pursuant
to Chapter 5 of the Eden Prairie City Code. A list of approved licensed evaluators shall be kept on
file by the Building Official.
G. Offered for Sale: The sale or offering for sale of any Dwelling Unit, including but not limited to
the following: advertising the Dwelling Unit as for sale; listing the Dwelling Unit as for sale;
posting a sign identifying the Dwelling Unit as for sale; exhibiting or showing the Dwelling Unit
as for sale; sale, conveyance, gift, assignment, transfer or other disposal of the Dwelling Unit;
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transfer of the Dwelling Unit through a trust or probate; and any other transfer or disposition
either voluntarily, involuntarily or by operation of law;
H. Owner’s Agent: A person who acts for or has the power or authority to act for the
Owner of a Dwelling Unit. Includes but is not limited to a guardian, administrator, executor,
trustee, manager, owner’s association, or any other agent representing the Owner in relation to a
Dwelling Unit which is Offered for Sale.
I. Owner: The owner of a Dwelling Unit as identified in the property records on file at
Hennepin County Auditor’s Office or by Court Order.
J. Point of Sale Compliance Report: A written report identifying Deficiencies in a Dwelling Unit
prepared and signed by the Building Official or Independent Evaluator and completed after the
inspection of the Dwelling Unit.
Subd. 4. Point of Sale Compliance Report Required.
A. No Dwelling Unit located within the City may be Offered for Sale until the Owner or Owner’s
Agent has applied for and secured an inspection and a Point of Sale Compliance Report. The
Point of Sale Compliance Report shall be conspicuously displayed for inspection at the Dwelling
Unit at all times that such Dwelling Unit is being Offered for Sale.
B. The Owner may choose to have the City of Eden Prairie perform the inspection and prepare the
Point of Sale Compliance Report or the Owner may select an Independent Evaluator to perform
the inspection and prepare the Report. The fee for an independent inspection and Report is
established by the Independent Evaluator.
C If the Point of Sale Compliance Report is not prepared by the Building Official, the Independent
Evaluator who performs the inspection and prepares the Report must provide a copy of the Report
to the Building Official within 5 days of the completion of the Report.
D. A Point of Sale Compliance Report which complies with this Section for the Dwelling Unit in
question shall be provided to the Buyer prior the Dwelling Unit being Offered for Sale. The
Buyer shall not occupy the Dwelling Unit prior to issuance of a Point of Sale Compliance Report
which finds that the Dwelling Unit complies with this Ordinance and is free of Deficiencies.
E. The Point of Sale Compliance Report shall indicate that the Dwelling Unit was inspected and
whether or not any Deficiencies exist in the Dwelling Unit and shall identify any such
Deficiencies. A Report is valid for one (1) year from the date of its issuance. A Report is valid
only for the Owner listed on the report.
Subd. 5. Exceptions. A Point of Sale Compliance Report Is Not Required for the following:
A. A Dwelling Unit where the Certificate of Occupancy has been issued by the Building Official
within five years of the Dwelling Unit being Offered for Sale.
B. A Dwelling Unit which is Offered for Sale to a public body.
C. A Dwelling Unit which is Offered for Sale for the purpose of demolition.
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D. A Dwelling Unit which is Offered for Sale by the sheriff or other public or court officer in the
performance of their official duties. This exemption does not apply however to a Dwelling Unit
which is Offered for Sale by a person appointed by a probate court.
E. A Dwelling Unit which is Offered for Sale to a foreclosing mortgagee which holds a mortgage on
the Dwelling Unit.
F. A Dwelling Unit which is located in an apartment building and is rented not owned.
Subd. 6. Deficiency.
A. General. Each of the following items shall constitute a Deficiency and shall be required to be
repaired or replaced prior to the Dwelling Unit being Offered for Sale.
1. Inadequate Sanitation. Inadequate sanitation shall include but not be limited to the following:
(a) Lack of, or improper installation of a water closet, lavatory, bathtub, shower or kitchen
sink.
(b) Lack of hot and cold running water to plumbing fixtures.
(c) Clear water sump discharge connected to the sanitary sewer system.
(d) Dampness of habitable space.
(e) Presence of mold or other fungal growth.
(f) Infestation of insects, vermin or rodents.
(g) General dilapidation or improper maintenance.
(h) Lack of connection to a sewage disposal system.
(i) Lack of adequate heating facilities.
2. Structural Hazards. Structural hazards shall include but not be limited to the following:
(a) Deteriorated or inadequate foundations.
(b) Defective, deteriorated, or undersized flooring or floor supports.
(c) Walls, partitions or vertical supports that are defective, deteriorated, or undersized.
(d) Ceilings, roofs, supports or other horizontal members which are defective, deteriorated,
or undersized.
(e) Fireplaces or chimneys constructed with materials that are defective, deteriorated, or
undersized.
3. Hazardous Electrical Systems. Hazardous electrical systems shall include but not be limited
to electrical systems exhibiting the following:
(a) Dangerous overloading or ungrounded.
(b) Damaged or deteriorated equipment.
(c) Spliced or un-insulated wiring.
(d) Temporary distribution systems.
4. Hazardous Plumbing. Hazardous plumbing shall include but not be limited to the following:
(a) Plumbing systems with leaking wastes, fixtures, or traps.
(b) Cross-connections in the potable water system.
5. Hazardous Mechanical Equipment. Heating systems, water heaters, or boilers that are unsafe
due to, but not limited to the following:
(a) Burned out or rusted heat exchangers.
(b) Burned out, rusted, or plugged flues.
(c) Lack of a vent.
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(d) Connection with unsafe gas supplies.
(e) Inability to adequately heat the living space or water.
(f) Lack of temperature and pressure relief valves.
6. Lack of or inoperable or improperly installed smoke detectors.
7. Faulty weather protection and exterior surfaces, which shall include but not be limited to the
following:
(a) Deteriorated exterior surfaces including rot, holes, and gaps.
(b) Exterior surfaces with noticeable deterioration of the finish, including peeling, cracked,
chipped or otherwise deteriorated surface finish on more than ten percent (10%) of:
(i) Any one wall or other flat surface, or
(ii) All doors and window, door and window moldings, fascia, soffit, eaves, gutters,
and similar projections on any one side or surface.
(c) Glass including windows and exterior light fixtures that are broken or cracked and
screens that are torn or separated from moldings.
(d) Exterior doors and shutters that are not properly hung or have inoperable mechanisms to
keep them securely shut or in place.
(e) Fences, swimming pools, retaining walls, and accessory buildings which are not
maintained in good condition.
(f) Roof surfaces which admit water.
(g) Roof drainage systems that are not secured or hung properly
(h) Decks, porches, fences, chimneys, antennae, air vents, and other similar projections that
are not structurally sound and properly secured, where applicable, to an exterior wall or
exterior roof.
8. Hazardous or Unsanitary Premises.
(a) Premises on which an accumulation of weeds, vegetation, junk, dead organic matter,
debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar
materials or other conditions exist.
(b) Lack of or improper premises identification.
9. Improper Occupancy. All buildings or portions thereof occupied for living, sleeping, cooking
or dining purposes which were not designed or intended to be used for such occupancies.
Subd. 7 Correction of Deficiencies.
A. The Owner or if there is an Owner’s Agent then the Owner’s Agent shall correct all Deficiencies
identified in the Point of Sale Compliance Report by replacement or repair prior to the Dwelling
Unit being Offered for Sale.
B. The Owner shall ensure that all necessary permits are obtained.
C. All Deficiencies identified in the Point of Sale Compliance Report must be re-inspected and
approved in writing by a Building Official or Independent Evaluator prior to the Dwelling Unit
being Offered for Sale to confirm that all repairs and replacements have been completed in
compliance with all building codes. If the re-inspection is not performed by the Building
Official, the Independent Evaluator who performs the re-inspection must provide a copy of all
records relating to such re-inspection and approval if granted to the Building Official within 5
days of the re-inspection.
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D. The Buyer, as identified in written and signed documentation relating to the Dwelling Unit being
Offered for Sale, may elect to correct Deficiencies identified in the Point of Sale Compliance
Report. Such elections must be approved in writing by the Building Official and are subject to
specified terms and conditions set by the Building Official. Terms shall include but not be
limited to:
1. A signed agreement between Owner and Buyer by which the Buyer accepts responsibility for
the corrections.
2. A completion date not later than 180 days from the date the Dwelling Unit’s title is
transferred.
3. A date when the Buyer may occupy the Dwelling Unit.
E. No occupancy shall be permitted of any Dwelling Unit if a condition or defect exists which is, in
the opinion of the Building Official, likely to cause personal injury or property damage.
Subd. 8. Appeals.
A. An Owner or Buyer aggrieved by a Point of Sale Compliance Report or a re-inspection may file
an objection with the Building Official. The objection must be filed in writing with the Building
Official within 10 days of the action or decision which is being objected to and must set forth the
a brief statement of the objection and the relief sought. The Building Official shall issue a written
decision in response to an objection.
B. An Owner or Buyer aggrieved of the Building Official’s written decision in response to an
objection shall have the right to appeal the decision to the City Manager. The appeal must be
made in writing to the City Manager within 10 days of the issuance of the Building Official’s
written decision and must include the Building Official’s written decision, a brief statement of the
grounds for appeal and the relief sought. The City Manager shall issue a written decision in
response to an appeal.
C. The City Manager’s decision is final and no appeal is allowed to the City Council under Section
2.80 of the City Code.
Subd. 9. Penalties.
A. The failure of any Owner or Buyer to comply with the provisions of this Section or to comply
with an order issued by the City pursuant to this Section shall be a misdemeanor.
B. Civil Remedies. In addition to enforcement pursuant to Section 9.99, this Section may be
enforced by injunction, action for abatement or other appropriate civil remedy.
C. City Code Chapter 1, entitled “General Provisions and Definitions Applicable to the Entire City
Code Including Penalty for Violation” and Section 9.99 entitled “Violation a Misdemeanor” are
hereby adopted in their entirety, by reference, as though repeated verbatim herein.
Subd. 10. Warranty Disclaimer.
A. By enacting and undertaking to enforce this Section, neither the City nor its council, agents or
employees warrant or guarantee the safety, fitness or suitability of any Dwelling Unit in the City
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Subd. 11. Fees.
A. The City Council of Eden Prairie shall from time to time establish fees as set forth in the City Fee
Schedule for activities undertaken by the City pursuant to this Ordinance. Fees shall be due and
payable upon application for a Point of Sale Compliance Report
Subd. 12. Severability.
A. If any provision of this Section or the application of any provision to a particular situation is held
to be invalid by a court of competent jurisdiction, the remaining portions of the Section and the
application of the Section to any other situation shall not be invalidated.
Subd. 13. Effective Date.
A. This Ordinance shall become effective from and after its passage and publication, provided,
however, this Ordinance shall become effective no earlier than April 15, 2015.”
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on February 3, 2015,
and finally read and adopted and ordered published at a regular meeting of the City Council of said City
on the ______ day of ____________, 2015.
______________________________
Nancy Tyra-Lukens, Mayor
ATTEST:
_____________________________
Kathleen Porta, City Clerk
PUBLISHED in the Eden Prairie News of the _______ day of __________, 2015.
6
CITY COUNCIL AGENDA
SECTION: Ordinances & Resolutions
DATE:
February 3, 2015
DEPARTMENT/DIVISION:
Richard Rosow, City Attorney
ITEM DESCRIPTION:
First Reading of Ordinance Amending City
Code Chapter 5 relating to Independent
Evaluators
ITEM NO.: IX.C.
Requested Action
Move to: Approve the first reading of an ordinance amending City Code Chapter 5 by adding
Section 5.76 relating to the regulation of Independent Evaluators.
Synopsis
The Ordinance provides licensing for the Independent Evaluators who will be performing Point of
Sale inspections and preparing reports pursuant to proposed City Code Section 9.17. The licensing
relies on the testing and certification performed by the City of Minneapolis and/or the City of
Bloomington.
Attachment
Ordinance
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 5 ENTITLED “OTHER BUSINESS REGULATIONS AND
LICENSING” BY ADDING SECTION 5.76 RELATING TO INDEPENDENT
EVALUATORS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. Eden Prairie City Code Chapter 5, Section 5.76 is adopted to read as follows:
“SECTION 5.76 INDEPENDENT EVALUATOR
Subd. 1. Purpose. The purpose of this Section of the City Code is to provide standardized
licensing and qualification for Independent Evaluators who provide Point of Sale Compliance
Reports and inspections pursuant to City Code Section 9.17 in order to enhance the supply of
safe, sanitary, and adequate housing and to prevent the deterioration of the overall housing stock
in the City, thereby protecting the general health, safety, and welfare of the public. The
provisions contained herein are in addition to other applicable provisions of the City Code and
not in lieu thereof.
Subd. 2. Definitions. For the purpose of this Section, the following terms shall mean:
A. Building Official: The Building Official of the City of Eden Prairie or his/her authorized
designee.
B. Deficiency: A Deficiency as defined by City Code Section 9.17.
C. Owner: Owner as defined by City Code Section 9.17.
D. Owner’s Agent: Owner’s Agent as defined by City Code Section 9.17.
E. Point of Sale Compliance Report or Report: A Point of Sale Compliance Report as
defined by City Code Section 9.17.
Subd. 3. License Required. No person shall complete a Point of Sale Compliance Report or
inspection prescribed in City Code Section 9.17 without receiving and maintaining an
Independent Evaluator license from the City as provided in this Section.
Subd. 4. Application and Fee.
A. Applicants for an Independent Evaluator license shall file with the Building Official an
application in writing on a form to be furnished by the Building Official. Along with the
application the applicant shall provide proof of the Certificate or License required by
subdivision 7 B of this Section and the insurance required by subdivision 7 C of this
Section.
B. The application form shall be accompanied by a non-refundable Independent Evaluator
fee in accordance with the City Fee Schedule.
Subd. 5. Investigation and Issuance.
A. Upon receipt of an application, the Building Official shall review the application for
completeness and for compliance with this Section and may refer the application to the
Chief of Police to institute such investigation of the applicant's business and moral
character as s/he deems necessar y including, but not limited to, a criminal history and
wanted persons check with the Bureau of Criminal Apprehension for the protection of the
public good.
1. If an application is complete and compliant the Building Official shall issue the
license to the applicant.
2. If an application is incomplete and/or noncompliant the Building Official shall deny
the application and return it to the applicant with a written explanation of the reason
for denial.
B. An application may be denied for reasons including, but not solely limited to:
1. Fraud, misrepresentation or incorrect statement contained in the application or
renewal application for license.
2. The failure of an applicant to fully complete or to sign the license, application or
renewal application.
3. The failure of an applicant to pay the required fee at the time of application or
renewal.
4. The failure of an applicant to maintain the required insurance and/or provide proof of
the required insurance at the time of application, renewal or at any time such proof is
requested by the Building Official.
5. The failure of an applicant to maintain a current, non-expired Certificate of
Compliance or License as an Evaluator with the City of Minneapolis pursuant to
Minneapolis City Code Chapter 248 as may be amended from time to time and/or the
City of Bloomington pursuant to Bloomington City Code Chapter 14 as may be
amended from time to time and provide proof of the Certificate or License at the time
of application, renewal or at any time such proof is requested by the Building
Official.
6. A conviction or adjudication within five (5) years of the date of application for any
violation of any federal or state statute or regulation, or of any local ordinance, which
adversely reflects upon the person’s ability to conduct the business for which the
license is being sought in a legal manner. Such violations shall include, but are not
limited to, burglary, theft, larceny, swindling, fraud, unlawful business practices, and
any form of actual or threatened physical harm against another person.
7. The revocation, within the past five (5) years, of any license or permit issued to an
applicant for the purpose of conducting business as an evaluator.
8. The denial, within the last year, of any license or permit application for the purpose of
conducting business as an evaluator.
9. When an applicant has a bad business reputation, evidence of which shall include, but
is not limited to, the existence of more than three (3) substantiated complaints against
an applicant with the Better Business Bureau, the Office of the Minnesota Attorney
General or another state’s regulatory office or department (such as another state’s
attorney general’s office), or other business or consumer rights office or agency,
within the preceding twelve (12) months, or three (3) substantiated complaints filed
with the City or another city, town, or other political subdivision against an applicant
within the preceding five (5) years.
10. Failure to follow all Federal, State and Local regulations, including failure to be
registered, licensed or permitted if such registration, license or permit is required by
any Federal, State or Local regulation.
11. Failure to comply with the requirements of this Section.
Subd. 6. Renewal of License.
A. All licenses under this Section shall expire on December 31 of the year the license was
issued.
B. Applications for renewal of a license issued under this Section shall be filed with the
Building Official at least sixty (60) days prior to the date of expiration of the license and
shall be in writing on a form to be furnished by the Building Official. The renewal
application form shall be accompanied by a non-refundable renewal fee in accordance
with the City Fee Schedule.
C. The renewal application shall contain evidence that the renewal applicant continues to
meet all requirement of this Section. The Building Official may, in the Building
Official’s sole discretion, perform or have performed any investigation authorized by
Subd. 5 of this Section.
D. The Building Official may deny renewal of a license on the same grounds as a license
may be denied under Subd. 5 of this Section. The Building Official shall return a denied
renewal application to the applicant with a written explanation of the reason for denial.
Subd. 7. License Requirements. Each Independent Evaluator shall comply with the following:
A. Conduct all inspections and complete all Reports in compliance with this Section and
with City Code Section 9.17.
B. Maintain at all times while licensed a current, non-expired Certificate of Compliance or
License as an Evaluator with the City of Minneapolis pursuant to Minneapolis City Code
Chapter 248 as may be amended from time to time or the City of Bloomington pursuant
to Bloomington City Code Chapter 14 as may be amended from time to time.
C. Maintain at all times while licensed insurance coverage meeting the following minimum
requirements:
1. General liability insurance of not less than $250,000 per claim and $500,000
aggregate; and
2. Professional errors and omissions insurance of not less than $250,000 per claim and
$500,000 aggregate.
3. The insurance shall not include a deductible that exceeds $5,000.
4. The insurance shall list the City of Eden Prairie as an additional insured.
5. The insurance shall cover any and all liability resulting from the performance of the
duties as an Independent Evaluator.
D. Upon a change of address and/or telephone number provide written notice to the Building
Official of such change.
Subd. 8. Point of Sale Compliance Report Requirements. Each Independent Evaluator in
preparing and filing Point of Sale Compliance Reports shall comply with the following:
A. The Report shall be either typewritten or legibly printed in ink on the form furnished by
the City.
B. The Report shall identify the property and structure inspected and the date it was
inspected, as well as indicating whether or not any Deficiencies exist and identifying any
such Deficiencies as prescribed in City Code Section 9.17.
C. Within seven (7) calendar days after the inspection has been completed, the original
Report shall be submitted to the Owner or Owner’s Agent.
D. Within seven (7) calendar days after the inspection has been completed a copy of the
Report shall be filed with the City along with a non-refundable Report filing fee in
accordance with the City Fee Schedule. The Report filed with the City shall indicate the
date the Report was submitted to the Owner or Owner’s Agent.
E. An Independent Evaluator who fails to file a timely Report shall be required to pay a
penalty of twenty dollars ($20.00) to the City for every late Report, whether the
Independent Evaluator filed the late Report with the Owner, Owner’s Agent, and/or the
City. The penalties shall be due at the time of filing the Report with the City.
Subd. 9. Revocation or Suspension of License. The Building Official may revoke or suspend
an Independent Evaluator license if the license holder has violated any provision for which a
license may be denied under Subdivision 5 of this Section. The Building Official shall mail to
the license holder at the address on file with the Building Official notice of any revocation or
suspension including the reason for the revocation or suspension.
Subd. 10. Appeal.
A. The Building Official’s decision to deny, revoke or suspend a license may be appealed by
way of a hearing before the City Manager.
B. The written denial, revocation or suspension of a license as provided for in this Section
shall be accompanied by notice of the license holder’s right to appeal as provided in this
Subdivision 10.
C. A written appeal, including a copy of the Building Official’s decision, the grounds upon
which the appeal is made and the appellant’s current address, must be filed with the City
Manager within ten (10) days of the issuance of the Building Official’s decision.
D. A hearing shall be held within thirty (30) days of the City Manager’s receipt of the
appeal. The City Manager shall mail notice of the date, time and location of the hearing
to the appellant at the address included in the appeal at least ten (10) days prior to the
hearing. The City Manager shall issue a written decision in response to an appeal.
E. The City Manager’s decision is final and no appeal is allowed to the City Council under
Section 2.80 of the City Code.
Subd. 11. Severability. If any provision of this Section is found to be invalid for any reason by
a court of competent jurisdiction, the validity of the remaining provisions shall not be affected.
Subd. 12. Penalty. A person who commits or attempts to commit, conspires to commit or aids or
abets in the commission of an act constituting a violation of this Section, whether individually or
in connection with one or more other persons or as principal, agent, or accessory is guilty of a
misdemeanor. A person who falsely, fraudulently, forcibly or willfully induces, causes, coerces,
permits or directs another to violate a provision of Section is guilty of a misdemeanor.”
Section 2. City Code Chapter 1, entitled “General Provisions and Definitions Applicable to
the Entire City Code Including Penalty for Violation” and Section 5.99 entitled “Violation a
Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 3. This Ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on February 3,
2015, and finally read and adopted and ordered published at a regular meeting of the City
Council of said City on the ______ day of ____________, 2015.
______________________________
Nancy Tyra-Lukens, Mayor
ATTEST:
_____________________________
Kathleen Porta, City Clerk
PUBLISHED in the Eden Prairie News of the _______ day of __________, 2015.