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HomeMy WebLinkAboutCity Council - 01/05/2016 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JANUARY 5, 2016 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 6:30—6:55 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 (5:30-6:30) I. 2016 CALENDAR& APPOINTMENTS II. SOUTHWEST LRT STATION AREA PLANNING(Southwest Project Office) Open Podium - Council Chamber (6:35-6:55) III. OPEN PODIUM IV. ADJOURNMENT ANNOTATED AGENDA DATE: January 5, 2016 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, January 5, 2016 TUESDAY,JANUARY 5, 2016 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. COLOR GUARD/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. HRA MEETING HRA I. ROLL CALL/CALL THE HRA MEETING TO ORDER HRA II. APPROVE MINUTES OF HRA MEETING HELD ON DECEMBER 1, 2015 HRA III. APPROVE AMENDMENT 2 TO THE HOUSING PROJECT AGREEMENT FOR EDEN GARDENS Synopsis: The HRA entered into a Housing Agreement with Homestead Partners in 2014 which specified home prices for the moderate rate sites not exceed 140% of the current affordable home price as guided by the Minnesota Housing Finance Agency. After a year of marketing the homes, the Developer has encountered difficulty in meeting the limit on the home prices and including the amenities that the potential buyers want included. The Developer has asked for a new three tiered home pricing plan to allow for the housing options that buyers are requesting. Therefore, the remaining 14 lots in the mid-market section of the development would be priced as follows: • 6 sites priced under$372,000 • 4 sites priced between $372,000 - $400,000 • 4 sites priced between $400,000 - $440,000 MOTION: Move to approve Amendment 2 to the Housing Project Agreement for Eden Gardens. AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 5, 2016 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, 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 V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,DECEMBER 1, 2015 B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 1, 2015 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO PLANNED UNIT DEVELOPMENT AND SITE PLAN REVIEW PROCESSES AND ADOPT RESOLUTION APPROVING PUBLICATION OF SUMMARY ORDINANCE C. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 12 RELATING TO SUBDIVISION OF PROPERTY AND ADOPT RESOLUTION APPROVING PUBLICATION OF SUMMARY ORDINANCE D. ADOPT RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS CITY COUNCIL AGENDA January 5, 2016 Page 2 E. ADOPT RESOLUTION DESIGNATING DEPOSITORIES F. ADOPT RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS G. ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS H. ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE I. ADOPT RESOLUTION AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL J. ADOPT RESOLUTION ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2016 K. ADOPT RESOLUTION APPROVING JOINT POWERS AGREEMENTS AND COURT DATA SERVICES SUBSCRIBER AMENDMENTS WITH STATE OF MINNESOTA L. APPROVE FUNDING RECOMMENDATIONS MADE BY THE HUMAN SERVICES REVIEW COMMITTEE FOR SOCIAL SERVICE PROVIDERS FOR 2016 AND 2017 M. APPROVE AMENDMENT TO THE JOINT POWERS AGREEMENT WITH SOUTH METRO PUBLIC SAFETY TRAINING FACILITY N. APPROVE 5-YEAR LEASE CONTRACT WITH FIRE SAFETY U.S.A. FOR THERMAL IMAGING CAMERAS IX. PUBLIC HEARINGS/MEETINGS A. SOUTHWEST STATION PUD AMENDMENT by SW Metro Transit Request for Planned Unit Development District Review with waivers on 11.38 acres; Zoning District Amendment within the Commercial Regional Service Zoning District on 11.38 acres; Site Plan Review on 11.38 acres. Location: 13500 Technology Drive B. DOS MANITOS PUD AMENDMENT (MARTIN BLU TRAIL)by Eden Prairie Development, LLC. Request for Planned Unit Development District Review with waivers on 0.97 acres and Site Plan Review on 0.97 acres. Location: 14200 & 14301 Martin Drive. (Ordinance for PUD District Review) X. PAYMENT OF CLAIMS CITY COUNCIL AGENDA January 5, 2016 Page 3 XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. RESOLUTION DESIGNATING OFFICIAL CITY NEWSPAPER B. RESOLUTION DESIGNATING OFFICIAL MEETING DATES, TIME AND PLACE FOR THE EDEN PRAIRIE CITY COUNCIL IN 2016 AND APPOINTING ACTING MAYOR C. RESOLUTION APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY D. RESOLUTION APPOINTING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY E. APPOINTMENT OF MAYOR TYRA-LUKENS AS DELEGATE AND COUNCIL MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF CITIES F. APPOINTMENT OF MAYOR TYRA-LUKENS TO MUNICIPAL LEGISLATIVE COMMISSION G. APPOINTMENT TO SOUTHWEST CABLE COMMISSION H. APPOINTMENT TO EDEN PRAIRIE COMMUNITY FOUNDATION I. APPOINTMENT TO I-494 CORRIDOR COMMISSION J. APPOINTMENT TO CITY AND SCHOOL FACILITIES USE TASK FORCE K. APPOINTMENT OF ASSISTANT WEED INSPECTOR L. RESOLUTION APPOINTING MUNICIPAL REPRESENTATIVES TO THE FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES M. SOUTHWEST TRANSIT BOARD COUNCIL REPRESENTATIVE XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Board and Commission Recruitment Process 2. SuperValu Lease Amendment CITY COUNCIL AGENDA January 5, 2016 Page 4 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 January 5,2016 Page 2 HRA IV. ADJOURNMENT MOTION: Move to adjourn the HRA. COUNCIL MEETING IV. PROCLAMATIONS/PRESENTATIONS 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, DECEMBER 1, 2015 B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 1, 2015 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-N on the Consent Calendar. A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO PLANNED UNIT DEVELOPMENT AND SITE PLAN REVIEW PROCESSES AND ADOPT RESOLUTION APPROVING PUBLICATION OF SUMMARY ORDINANCE C. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 12 RELATING TO SUBDIVISION OF PROPERTY AND ADOPT RESOLUTION APPROVING PUBLICATION OF SUMMARY ORDINANCE D. ADOPT RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS E. ADOPT RESOLUTION DESIGNATING DEPOSITORIES F. ADOPT RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS G. ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS ANNOTATED AGENDA January 5,2016 Page 3 H. ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS I. ADOPT RESOLUTION AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL J. ADOPT RESOLUTION ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2016 K. ADOPT RESOLUTION APPROVING JOINT POWERS AGREEMENTS AND COURT DATA SERVICES SUBSCRIBER AMENDMENTS WITH STATE OF MINNESOTA L. APPROVE FUNDING RECOMMENDATIONS MADE BY THE HUMAN SERVICES REVIEW COMMITTEE FOR SOCIAL SERVICE PROVIDERS FOR 2016 AND 2017 M. APPROVE AMENDMENT TO THE JOINT POWERS AGREEMENT WITH SOUTH METRO PUBLIC SAFETY TRAINING FACILITY N. APPROVE 5-YEAR LEASE CONTRACT WITH FIRE SAFETY U.S.A. FOR THERMAL IMAGING CAMERAS IX. PUBLIC HEARINGS/MEETINGS A. SOUTHWEST STATION PUD AMENDMENT by SW Metro Transit Request for Planned Unit Development District Review with waivers on 11.38 acres; Zoning District Amendment within the Commercial Regional Service Zoning District on 11.38 acres; Site Plan Review on 11.38 acres. Location: 13500 Technology Drive Official notice of this public hearing was published in the December 24, 2015,Eden Prairie News and mailed to 167 property owners. Synopsis: The proposed project is for the removal of two existing buildings, construction of a parking ramp addition, construction of a new indoor waiting area, and other site changes associated with the proposed Southwest Light Rail Transit (SWLRT) Green Line Extension by the Metropolitan Council. The Metropolitan Council is granted regional authority powers through Minnesota state statute. Regional authority supersedes decisions and actions of local governments and as such, the Metropolitan Council is not required to gain local approval for regional projects. In this case, as a part of the partnership between the SWLRT project office and the City of Eden Prairie, the SWLRT project office has agreed to participate in the public process in order to provide the opportunity for local review and comment on the proposed parking ramp addition and other changes at Southwest Station. The SWLRT project includes a LRT station at Southwest Station. As a part of the LRT station improvements, a parking ramp accommodating approximately 450 vehicles is proposed for construction adjacent and connected immediately west of the existing parking ramp. ANNOTATED AGENDA January 5,2016 Page 4 The SWLRT project has received municipal consent from the cities along the proposed line, as well as, Hennepin County. The civil design for the project plans have been completed to the 60% level and are now nearly 75% complete. Civil design plans at 90% completeness are expected in early 2016 with the project likely going out to bid in early Spring 2016. The overall budget for this project is fixed and therefore any changes to the proposed parking ramp design resulting in increased costs would likely require reallocation of resources from other areas of the project. Similar to the existing parking ramp, the proposed parking ramp is 5 stories in height. The proposed design allows for connectivity between the existing and proposed ramps. A new vehicle access would be created on the west end of the new structure with a speed ramp to get up to the connected level. This new full west access also necessitates removal of a median in Technology Drive. The proposed site changes will impact the existing pavers and benches at the west entrance as well as the existing outdoor SWT plaza. Due to maintenance concerns, reuse of pavers are proposed to be limited to areas the City would maintain along Technology Drive. New benches and bike racks near drop off areas will be provided as part of the project and City funded improvements. Opportunities to fund public art are also being explored. The ground floor of the new ramp is proposed to include the station platform for the LRT station and the bus station for SouthWest Transit, as well as, drop off areas for both transit options. In order to accommodate the parking ramp expansion and drop off, it is necessary to remove both the existing Culver's building and the existing SouthWest Transit (SWT) office building and indoor waiting area. An expanded indoor waiting area is proposed to accommodate both LRT and bus passengers near the station platform on the north side of the new ramp. It is anticipated that the SWT office will be relocated to their Chanhassen facility at Highways 212/101 and Culvers will receive fair market value and relocation benefits to find a new site if desired. Metro Transit signage will be added to the existing SWT signage to identify the LRT station, which will share the name SouthWest Station. The existing monument sign near the intersection of Technology and Prairie Center Drive will also likely be impacted and need to be moved or replaced. Wayfinding signage will also be added at key vehicular and pedestrian/bicycle decision points. Sign waivers will be addressed as part of the PUD amendments as necessary. Staff has been working with the SWLRT project office to enhance the site design with certain City funded local improvements and to address the size, scale, and architecture of the proposed parking ramp. The proposed elevations incorporate design elements intended to provide a certain level of continuity between the existing and proposed structure while also providing differentiation between the two structures, since it will be impossible to duplicate the existing ramp within budget, since the existing ramp includes copper panels and substantial brick and other aesthetic features. The proposed structure includes an enclosed stairwell consisting of brick and glass and provides a metal screening material on the facades of the parking structure. The screening material ANNOTATED AGENDA January 5,2016 Page 5 provides a range of perforations that would allow varying levels of light to filter through the parking structure. Additionally, the screening is proposed to be installed in a variable pattern in order to provide for variety of visual impact. Planning Commission Recommendation and Comments The Planning Commission was asked to provide input regarding the architecture and visual impact of the proposed parking structure and other site design elements. The Planning Commission voted 6-0 to recommend approval of the project with considerations of comments provided by the Planning Commission and staff at the December 7, 2015 meeting based on plans dated December 7, 2015. The Planning Commission comments included: 1. Consideration should be given to placing signage at entrance points to the parking ramp and removing signage from non-entrance points. 2. Consideration should be given to randomizing the pattern of perforations of the screening material for visual impact and coordinating the perforations of the screening material on the parking ramp in a manner which would minimize or prevent headlight wash from spilling outside of the parking ramp. 3. Measures should be taken to maintain the copper appearance and minimize discoloration of the copper materials. 4. Measures should be taken to provide for an appropriate treatment of the new metal used to promote visual continuity with the existing structure over time. 5. Incorporating vertical elements to the proposed parking ramp to break up the roofline and integrate design with the existing ramp. 6. The Commission responded favorably to the treatment of the corners of the parking structure with the curvature of the screening materials. 7. The Commission suggested continued attention be provided to color selection, specifically on the vertical columns of the parking structure. The suggestion of using a warmer color rather than a bright white was provided. 8. Encouraged that the brick used on the proposed parking structure should match the brick on the existing parking structure. 9. Suggested that design of the stairwell be considered in order to prevent headlight wash from impacting the adjacent residential units. 10. Suggested the reuse of copper on the stairwell feature from the buildings that are proposed for removal from the site, in order to provide consistency in design between the parking structures. MOTION: Move to: • Close the Public Hearing; and • Direct Staff to continue working with the SW LRT Project Office to refine plans for the proposed parking ramp and site improvements in accordance with staff, Planning Commission and City Council comments. ANNOTATED AGENDA January 5,2016 Page 6 B. DOS MANITOS PUD AMENDMENT (MARTIN BLU TRAIL)by Eden Prairie Development, LLC. Request for Planned Unit Development District Review with waivers on 0.97 acres and Site Plan Review on 0.97 acres. Location: 14200 & 14301 Martin Drive. (Ordinance for PUD District Review) Official notice of this public hearing was published in the December 24, 2015,Eden Prairie News and mailed to 10 property owners. Synopsis: A condition within the Mitchell Crossing 2012 (Martin Blu) Development Agreement required a three foot wide soft surface nature trail/boardwalk. This trail was proposed on landed deeded to the City from the Developer connecting Martin Drive to the bridge which crosses Purgatory Creek east of the property. This trail has not been built. The approved location for the trail experiences flooding issues due to proximity to the creek and wetlands. The applicant has requested to build an eight foot wide bituminous trail in an alternate location, through the Dos Manitas (Jardin) daycare property to the south. The proposed trail location would allow for pedestrian traffic to connect to the existing bituminous trail within MnDOT right of way. In September of 2015, the City Council directed staff to work with the applicant toward completing the alternate trail location through the Jardin daycare property. Since the proposed trail location bisects the approved proof of parking area on the daycare site, the site plan and development agreement for the Dos Manitas Daycare (Jardin) from 2012 requires amendment to reflect the revised trail location. Currently a total of 19 parking spaces are available onsite for the existing daycare use, consistent with the approved site plan. When the daycare project was approved in 2012, the site plan showed an additional 21 proof of parking spaces that could be constructed if the building were to be utilized for a different use in the future. The proposed trail bisects the approved proof of parking area, which would result in a deficiency of 16 parking spaces from what City Code requires for retail. A waiver is being requested to memorialize the parking deficiency. Since the Development Agreement for Mitchell Crossing 2012 (Martin Blu) reflects the requirement to construct the trail to the east through the wetland, in order to accommodate the trail in the alternate location, the Development Agreement needs to be modified. The 120-Day Review Period Expires on February 25, 2016. The Planning Commission voted 6-0 to recommend denial of the request and to amend the Development Agreement for Mitchell Crossing 2012 (Martin Blu) eliminating the requirement for the construction of a three foot wide nature trail rather than relocating the trail to an alternate location and impacting future parking capabilities on the Dos Manitas site. Staff recommends approval of the request to amend the Development Agreements for Mitchell Crossing 2012 (Martin Blu) and Dos Manitas (Jardin) daycare to build the trail in the alternate location through the daycare site. ANNOTATED AGENDA January 5, 2016 Page 7 MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Community Commercial Zoning District on .97 acres; and • Direct Staff to revise the Development Agreement incorporating Staff recommendations and Council conditions for the Dos Manitas (Jardin) daycare property; and • Direct Staff to revise the Development Agreement incorporating Staff recommendations and Council conditions for the Mitchell Crossing 2012 (Martin Blu) property. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. RESOLUTION DESIGNATING OFFICIAL CITY NEWSPAPER Synopsis: This designation is required on an annual basis. The City Attorney determined both newspapers appear qualified under the statue. The Eden Prairie News has been the official newspaper since 2008 and for 27 years prior to 2003. The Sun-Current was the official newspaper from 2003 through 2007. MOTION: Move to adopt Resolution designating the Eden Prairie as the official City newspaper for 2016. B. RESOLUTION DESIGNATING OFFICIAL MEETING DATES, TIME AND PLACE FOR THE EDEN PRAIRIE CITY COUNCIL IN 2016 AND APPOINTING ACTING MAYOR Synopsis: This resolution requires approval on an annual basis. MOTION: Move to adopt Resolution designating the official meeting dates, time and place for the City of Eden Prairie Council in 2015 and appointing Councilmember the Acting Mayor. ANNOTATED AGENDA January 5,2016 Page 8 C. RESOLUTION APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY Synopsis: This appointment requires approval on an annual basis. MOTION: Move to adopt the resolution appointing City Council Members to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority; and appointing Nancy Tyra-Lukens as Chair; Rick Getschow as Executive Director and as Secretary for calendar year 2016. D. RESOLUTION APPOINTING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY Synopsis: This resolution requires approval on an annual basis. Public Works Director Robert Ellis served as the Director and Council Member Ron Case served as the alternate to the Suburban Rate Authority in 2015. MOTION: Move to adopt Resolution designating as the Director and as the Alternate Director to the Suburban Rate Authority. E. APPOINTMENT OF MAYOR TYRA-LUKENS AS DELEGATE AND COUNCIL MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF CITIES Synopsis: This appointment is approved on an annual basis. MOTION: Move to approve appointment of the Mayor as Delegate and Council Members as Alternates to the National League of Cities. F. APPOINTMENT OF MAYOR TYRA-LUKENS TO MUNICIPAL LEGISLATIVE COMMISSION Synopsis: This appointment is approved on an annual basis. MOTION: Move to approve appointment of the Mayor to the Municipal Legislative Commission. G. APPOINTMENT TO SOUTHWEST CABLE COMMISSION Synopsis: This appointment is approved on an annual basis. Council Member Nelson served on the Southwest Cable Commission in 2015. ANNOTATED AGENDA January 5,2016 Page 9 MOTION: Move to approve appointment of to the Southwest Cable Commission. H. APPOINTMENT TO EDEN PRAIRIE COMMUNITY FOUNDATION Synopsis: This appointment is approved on an annual basis. Council Member Case served on the Eden Community Prairie Foundation in 2015. MOTION: Move to approve appointment of to the Eden Prairie Community Foundation. I. APPOINTMENT TO I-494 CORRIDOR COMMISSION Synopsis: This appointment is approved on an annual basis. Councilmember Aho has served on the I-494 Corridor Commission since 2005. MOTION: Move to approve appointment of to the 1-494 Corridor Commission. J. APPOINTMENT TO CITY AND SCHOOL FACILITIES USE TASK FORCE Synopsis: This appointment is approved on an annual basis. Council Member Butcher Wickstrom has served on the City and School Facilities Use Task Force since 2012. MOTION: Move to approve appointment of to the City and School Facilities Use Task Force. K. APPOINTMENT OF ASSISTANT WEED INSPECTOR Synopsis: Each year the City of Eden Prairie is requested to appoint an Assistant Weed Inspector for the City under the requirements of Minnesota Statutes, Chapter 18.80 and 18.81. The responsibility of the Assistant Weed Inspector is to enforce the local and state weed ordinances. Jeff Cordes has been doing this inspection work for the past several years, and he is familiar with the City ordinance and state law. Under State Statute, the Mayor is the City Weed Inspector and appointment of an Assistant Weed Inspector thereby relieves the Mayor or City Council of those duties as required by Minnesota State Statute. MOTION: Move to appoint Jeff Cordes as Assistant Weed Inspector for the City of Eden Prairie. L. RESOLUTION APPOINTING MUNICIPAL REPRESENTATIVES TO THE FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES Synopsis: State statute states that three municipal trustees are to be appointed to the fire relief association. They must be: ANNOTATED AGENDA January 5,2016 Page 10 • One elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually • The chief of the municipal fire department Council Member Ron Case and Finance Manager Sue Kotchevar have served on the Fire Relief Association from 2013-2015. The appointment of the Fire Chief is automatic according to statute. MOTION: Move to adopt the resolution appointing and to the Eden Prairie Fire Relief Association. M. SOUTHWEST TRANSIT BOARD COUNCIL REPRESENTATIVE Synopsis: It is necessary for the City Council to appoint a Council Representative for a three-year term to end on December 31, 2018 and an Appointed Representative for a two-year term to end on December 31, 2017. According to Southwest Transit, Brad Aho is currently serving as the elected representative and Mayor Tyra-Lukens is serving as the appointed representative. MOTIONS: Move to: Appoint to the Southwest Transit Board as the Eden Prairie Council Representative for a three- year term to end December 31, 2018. Move to: Appoint to the Southwest Transit Board as the Eden Prairie Appointed Representative for a two- year term to end December 31, 2017. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Board and Commission Recruitment Process Synopsis: The Board and Commission process typically begins in early January and wraps up with new member orientation in March. Staff proposes the following scheduled for 2016 recruitment: • January 11 Application process opens • February 5 Application deadline • February 23 Commission candidate interviews • March 8 Council appoints commissioners • Late March Commission orientation ANNOTATED AGENDA January 5,2016 Page 11 MOTION: Move to approve the attached timeline for recruitment of Board and Commission candidates and set Feb. 23 as the date for commission interviews. 2. SuperValu Lease Amendment Synopsis: Beginning March 1, 2015, Supervalu began leasing 43,996 square feet on the upper west end of the City Center building—space formerly leased by CH Robinson. With the approval of this second lease amendment for an additional 13,825 square feet of space - Supervalu will now be leasing a total of 57,821 square feet in the City Center. That leaves 16,085 square feet of leasable space in the City Center. John McCarthy from Cushman and Wakefield will continue to market the remaining space. Background To accommodate its continued growth Supervalu has agreed to lease another 13,825 square feet of space in the City Center- contiguous to the 43,996 sf it's been leasing since March 2015. Exhibit B of the enclosed lease shows the location of the expansion area as well as the remaining 16,085 sf of remaining leasable space. Starting April 1, 2016, Supervalu will be leasing a total of 57,821 sf of space in the City Center. Similar to the original lease, for the first five-months Supervalu will pay operating expenses only on the 13,825 foot expansion area and begin paying full rent September 1, 2016. They will also have a one-time first right of refusal to lease any of the remaining 16,085 square feet of leasable space. Supervalu also agreed to a 15-month extension on the term of the current lease in return for a small decrease in the overall rental rate of about $.23 per square foot. The extended term will generate about another$1.1 million in gross rent to City. The lease term for the entire 57,821 square feet will now terminate June 30, 2021. The following is a summary of the key lease terms for all 57,821sf: Gross Rent Year Area Per SF Annual Rent 1 57,821 SF $19.50 * $1,071,287.86 2 57,821 SF $20.00 $1,156,420.00 3 57,821 SF $20.22 $1,185,330.50 4 57,821 SF $20.73 $1,214,241.00 5 57,821 SF $ 21.25 $1,243,151.50 Total Rent: $5,870,430.86 *Expansion space rent months 1-5 = $9.74/sf and months 6-12 = $19.50/sf Current space rent months 1-12 = $19.50 ANNOTATED AGENDA January 5, 2016 Page 12 Term: 5 years Renewal Options: Two consecutive 5 yr. options each at prevailing fair market rental rate. Tenant Allowance: $20/sf on 13,825 sf expansion or $276,500 paid by City for improvements. Designated Parking: Additional 56 spaces for a total 321 designated parking spaces MOTION: Move to approve second amendment to lease agreement between the City of Eden Prairie and Supervalu Inc. for space at the Eden Prairie City Center property located at 8100 Mitchell Road. 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 XVII. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. AGENDA CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, JANUARY 5, 2016 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra- Lukens, Council Members Brad Aho, Ron Case, Sherry Butcher Wickstrom, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner Julie Klima, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Finance Director Sue Kotchevar and Recorder Jan Curielli I. ROLL CALL /CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON DECEMBER 1, 2015 III. APPROVE AMENDMENT 2 TO THE HOUSING PROJECT AGREEMENT FOR EDEN GARDENS IV. ADJOURNMENT UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,DECEMBER 1, 2015 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra- Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Finance Director Sue Kotchevar, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE HRA MEETING TO ORDER Chair Tyra-Lukens called the meeting to order at 7:02 PM. All HRA members were present. II. APPROVE MINUTES OF HRA MEETING HELD ON NOVEMBER 17, 2015 MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of the HRA meeting held November 17, 2015. Motion carried 5-0. III. ADOPT RESOLUTION HRA NO. 2015-05 CERTIFYING THE 2016 HRA PROPERTY TAX LEVY TO BE $200,000 AND APPROVING THE 2016 HRA BUDGET OF $200,000 Getschow said Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. On September 1, 2015, the Eden Prairie City Council adopted resolutions consenting and approving the preliminary 2016 HRA property tax levy and budget. This resolution gives consent and approval of the final 2016 HRA property tax levy and budget for the HRA. He noted this is the same amount that has been set in the last few years. MOTION: Nelson moved, seconded by Case, to adopt Resolution HRA No. 2015-05 certifying the 2016 Property Tax levy to be $200,000 and approving the 2016 Budget of $200,000 as reviewed by the Council. Motion carried 5-0. IV. ADJOURNMENT MOTION: Case moved, seconded by Butcher Wickstrom, to adjourn the HRA meeting. Motion carried 5-0. Chair Tyra-Lukens adjourned the HRA meeting at 7:04 PM. HOUSING AND REDEVELOPMENT AUTHORITY DATE: January 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: HRA ITEM NO.: III. Janet Jeremiah, Approve Amendment 2 to Housing Project Community Development Agreement for Eden Gardens Requested Action Move to: Approve Amendment 2 to the Housing Project Agreement for Eden Gardens. Synopsis The HRA entered into a Housing Agreement with Homestead Partners in 2014 which specified home prices for the moderate rate sites not exceed 140% of the current affordable home price as guided by the Minnesota Housing Finance Agency. After a year of marketing the homes, the Developer has encountered difficulty in meeting the limit on the home prices and including the amenities that the potential buyers want included. The Developer has asked for a new three tiered home pricing plan to allow for the housing options that buyers are requesting. Therefore, the remaining 14 lots in the mid-market section of the development would be priced as follows: • 6 sites priced under$372,000 • 4 sites priced between $372,000 - $400,000 • 4 sites priced between $400,000 - $440,000 Attachment Amendment 2 to Housing Project Agreement AMENDMENT 2 TO HOUSING PROJECT AGREEMENT THIS AMENDMENT 2 TO HOUSING PROJECT AGREEMENT,made as of the 5th day of January, 2016, by and between the Housing Redevelopment Authority in and for the City of Eden Prairie, Minnesota, a municipal corporation and political subdivision organized and existing under the Constitution and the laws of the State of Minnesota (the "HRA") and Eden Gardens, LLC, a Minnesota limited liability company(the "Developer"), WITNESSETH: WHEREAS,the HRA and Developer entered into that certain document entitled"Housing Project Agreement" dated August 19, 2014, filed on October 2, 2014 as Document Number A10123210 with the Office of the Co9unty Recorder, Hennepin County, Minnesota ("Agreement"). WHEREAS, the HRA and Developer entered into that certain document entitle "Amendment 1 to Housing Project Agreement, dated April 21, 2015, filed on ,_, 2015 as Document Number with the Office of the County Recorder, Hennepin County, Minnesota. The Agreement and Amendment 1 are referred to collectively herein as the Amended Agreement. WHEREAS, the Agreement provides for the sale of moderate income units with specific affordable housing prices. WHEREAS, the HRA and Developer have determined that in order achieve the goal of alleviating the shortage of decent, safe, and sanitary housing for persons of moderate income and their families it is necessary to increase the affordable housing prices established in the Agreement for the initial sale of certain specifically identified housing units. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1. Paragraph 1 of the Agreement is amended by inserting a new section D to read as follows: D. Initial Sale Affordable Housing Prices.notwithstanding the foregoing and based on the moderate income limits established by the HRA in Resolution No. 2014-01, the HRA 1 determines that the affordable housing prices for the initial sale price for the fourteen (14) housing units described as Lot 3, Block 2; Lots 1-5, Block 3; Lots 2-5, Block 4; and Lots 2-5, Block 5 shall be as follows: (1) Six of the above referenced units shall be sold for a price at or below $371,999.00; (2) Four of the above referenced units shall be sold for a price between $372,000.00 and$399,999.00; (3) Four of the above referenced units shall be sold for a price between $400,000.00 and$440,000.00 All future sales of housing units shall continue to be subject to all provisions of the Agreement including but not limited to Paragraph 1 C and Paragraph 6. 2. Exhibit C to the Agreement is amended by adding to Paragraph 4.i. the following sentence: "Install permeable paver patios on two units and provide this as an option on all remaining units." 3. Except as amended herein the Amended Agreement remains in full force and effect. IN WITNESS WHEREOF, the parties to this Amendment 1 have caused these presents to be executed as of the day and year aforesaid. (signatures on following pages) 2 HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens Its Chair By Rick Getschow Its Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of January, 2016,by Nancy Tyra-Lukens and Rick Getschow, respectively the Chair and Executive Director of the Housing and Redevelopment Authority in and for the City of Eden Prairie, on behalf of said authority. Notary Public 3 EDEN GARDENS, LLC By Date: Matthew Hanish Vice President STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of January, 2016, Matthew Hanish, the Vice President, of Eden Gardens, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Gregerson, Rosow, Johnson&Nilan, LTD 100 Washington Ave S, Suite 1550 Minneapolis, MN 55401 4 ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,DECEMBER 1 , 2015 CITY CENTER 5:00—6:25 PM,HERITAGE ROOMS 6:30—6:55 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 GUESTS: Rep. Jenifer Loon, Rep. Paul Rosenthal, Rep. Yvonne Selcer, Senator Melisa Franzen, Senator David Hann Senator Franzen was not able to attend the workshop. I. LEGISLATIVE UPDATE Getschow reviewed a list of legislative priorities compiled by the Municipal Legislative Commission and the City of Eden Prairie. The priorities fall into three categories: • Promotion of accountability and transparency in the state/local fiscal relationship • Investment in job retention and growth • Support of local government policies that promote fairness and equity Getschow said the City continues to urge the legislature to provide direct property tax relief to individuals who need it the most regardless of where they live. The City also continues to support increased transparency and prudent reform in the state's Fiscal Disparities program, including addressing what the City and MLC consider an outdated and arbitrary formula. Getschow said the City is asking for support for transportation funding, particularly for the Southwest LRT project. The City believes investment in infrastructure is critical to economic growth of the region. The City also supports amending the Minnesota Government Data Privacy Act relating to data retention for on-officer cameras (body cams). The City asks legislators to consider the financial impacts of any changes. Finally, the City believes current mandates relating to expenditure reporting create undue administrative burdens due to the lack of standard reporting practices across cities. The proposed deadlines are also problematic because they do not align with most cities' budget preparation timelines. City Council Workshop Minutes December 1, 2015 Page 2 Rep. Rosenthal said 2016 is a bonding year, and he supports pushing for the biggest bill possible. He said he supports LRT "most of the time."He said the state's infrastructure is falling apart, and a comprehensive plan is called for. He said he serves on the Public Safety Committee, and he agrees there are many problems surrounding data collected with body cams. He said the Civil Law Committee will have to work through these issues before anything can be forwarded to the Public Safety Committee. Rosenthal said he does not foresee any changes to the fiscal disparities program in the upcoming session. Rosenthal said his portion of Eden Prairie is a small but important part of the district he represents. He always welcomes hearing from City officials on any issues or concerns. Rep. Loon said the 2016 session does not begin until March 8. She said there is a tax bill currently in committee. She said there will also be a transportation bill during this session. Loon said she does not foresee a gas tax being passed. She agreed that transit,particularly the Southwest LRT project, will be a major consideration in 2016. Senator Dibble has said it is important to him that SWLRT be part of the transportation package; however, Loon says she sees problems with that. She does not think there are enough votes in the House to pass it as part of a bonding bill. She said compromises may be possible. Loon said she recently met with MnDOT officials because she is concerned with their plan to close 169 for an entire year for repair work. She said the MnDOT plans do not include expansion of capacity, and that is an issue that will have to be addressed as part of the transportation package. She said any successful transportation package will have to be comprehensive. She said the preliminary budget forecast will be released next week, and any surplus will likely go into reserves. She said she continues to advocate for changes to the fiscal disparities program. Senator Hann said the 2016 session is expected to be relatively short—about 10 weeks. He said 2016 is not a budget year, but a tax bill and transportation bill need to see progress. He said it will be difficult to get a transportation bill passed if it includes a gas tax. He said he hopes the Governor will rethink his vow to veto any tax bill that does not include universal preschool. He said this is an opportune time to look at taxes. He said they need to look at how much is in reserves versus a comprehensive tax package. Hann said there continues to be bipartisan concern over the sex offender program. Hann said the legislature will also need to address the enhanced drivers' license issue. At some point, the Federal government plans to require an enhanced driver's license in order to board commercial flights. Minnesota has chosen not to issue enhanced drivers licenses, and state law currently does not allow the state to enter into discussions with federal officials. Hann said that portion of the law needs to be repealed so that discussions can be held. Hann said building transportation capacity must be a priority. The closing of Highway 169 for a year will be very problematic. Rep. Selcer said she agrees that a comprehensive transportation package is critical, but an equally important question is how the package will be funded. She said the state's portion of the Southwest LRT project will be $125 million. She said that may sound like a lot, but that amount was recently spent to relocate a northern Minnesota highway. She said she supports the Southwest LRT project, and she believes it will promote job creation. She feels agreement can be reached on a transportation package if metro legislators can stand together on the issues. She said she agrees that the fiscal disparities program should be updated. Selcer said she serves on the Subcommittee on Metropolitan Council Reform. City Council Workshop Minutes December 1, 2015 Page 3 She would like to hear input from City officials. Aho said he supports the addition of elected officials to the Metropolitan Council. Mayor Tyra-Lukens asked if there has been discussion about getting away from the gas tax as a source of transportation funding,particularly since people are driving less and using more efficient vehicles. Hann said there has been some discussion about identifying dedicated funding streams. The question is whether it is acceptable to divert dollars from the general fund for transportation. He said he thinks that would be okay. Tyra-Lukens asked if legislation of drones has been considered. Rosenthal said he expects to see some type of regulations in future sessions. City Attorney Ric Rosow said the FAA released new recommendations on November 15. Chief Esbensen said drones are already prohibited from flying within five miles of any FAA safety zone—which means they cannot be operated anywhere in Eden Prairie due to the location of Flying Cloud Airport. Council Member Nelson said the City has implemented a lot of innovative ideas. She asked if the legislators would be interested in hearing how these ideas have resulted in lower taxes. Selcer and Loon said they would like to receive that type of information. Aho said he is concerned that the 35W/494 interchange project keeps getting moved down on the list of MnDOT priorities. Loon said agrees that if metro area legislators band together, these projects can be moved forward. Rosenthal said he agrees that the 35W/494 Interchange is one of the most important transportation projects on the list. II. OPEN PODIUM A. DAVE BRUNS—PARKING OF VEHICLES ON PUBLIC PROPERTY Bruns requested that the City Council pass an ordinance relating to taxi cab standing. The proposed ordinance would prohibit taxi cabs from parking on public property, including parks, walkways and trails. It would also prohibit parking of taxi cabs within 2,000 feet of daycare centers. The Mayor thanked Bruns for his comments. III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,DECEMBER 1, 2015 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Finance Director Sue Kotchevar, 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. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. SPIRIT OF EDEN PRAIRIE AWARDS Getschow said this is a new award for Eden Prairie. The Council has been talking about building more of a sense of community, and one concept that came out of those discussions was to recognize property owners in Eden Prairie who have made an effort to enhance the exterior of their properties, add sustainability features, or increase accessibility for all residents. Alysen Nesse, Community Development, said the awards recognize three categories: Single Family Residential, Multi-Family Residential, and Industrial/Commercial. The award period was opened for three months over the summer of 2015. In the fall, staff met with three volunteers from City commissions to judge the submitted nominations. She reviewed the award process and the enhancements completed by the three winners. Mayor Tyra-Lukens presented the Single-Family Residential award to Arnold and Jane Rohe and the Multi-Family Residential award to The Preserve Association. Nesse noted that Tom and Arlene Howden also received an award in the Multi-Family Residential category, but they were not able to be present tonight. CITY COUNCIL MINUTES December 1, 2015 Page 2 V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 17, 2015 MOTION: Case moved, seconded by Aho, to approve the minutes of the Council workshop held Tuesday,November 17, 2015, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 17, 2015 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the City Council meeting held Tuesday,November 17, 2015, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EDEN PRAIRIE PLAZA(SALON CONCEPTS)by SCEPRE, LLC. Second Reading of Ordinance No. 19-2015-PUD-8-2015 for Planned Unit District Review with waivers on 3.03 acres; Zoning District Review in the Commercial Regional Service Zoning District on 3.03 acres and Site Plan Review on 3.03 acres. Location: 8040 Glen Lane. (Ordinance No.19-2015-PUD-8-2015 for PUD District Review and Zoning District Review; Resolution No. 2015-113 for Site Plan Review) C. APPROVE SECOND READING OF ORDINANCE NO. 20-2015 FOR DESIGNATION OF THE DORENKEMPER HOUSE AS A HERITAGE SITE D. APPROVE QUOTE FROM WORKS COMPUTING TO UPGRADE CITY HALL COMPUTER SERVERS E. APPROVE QUOTE FROM LOGIS FOR PURCHASE AND IMPLEMENTATION OF CITY CENTER COMPUTER SWITCHES F. AWARD CONTRACTS FOR WATER TREATMENT CHEMICALS FOR 2016 G. AWARD BID FOR LIME RESIDUALS HAULING AND DISPOSAL TO REHBEIN AG SERVICES CITY COUNCIL MINUTES December 1, 2015 Page 3 H. APPROVE CHANGE ORDER NO. 1 FOR BAKER ROAD RESERVOIR RECOATING PROJECT (IMPROVEMENT PROJECT NO. 14702) I. APPROVE TOWING SERVICES AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND MATT'S AUTO SERVICE MOTION: Butcher Wickstrom moved, seconded by Case, to approve Items A-I on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. EDEN PRAIRIE CENTER LANDSCAPING IMPROVEMENTS by Eden Prairie Center. Request for Planned Unit Development District Review on 35.32 acres. Location: 8251 Flying Cloud Drive. (Ordinance for PUD District Review) Getschow said this project is for landscaping improvements at key entrances to Eden Prairie Center. The proponent is seeking to improve aesthetics and refresh the landscaping throughout with selective removal of trees that are dead, diseased or in poor condition and to allow for better views at the entrances. The proposed landscape plan also proposes to provide a natural looking landscape that adds color and seasonal interest at key entrances to the mall by constructing landscape beds that include prairie grasses and native and pollinator species. The applicant asserts that the improvements will improve security, sight lines and visibility while maintaining screening of the parking lots. He said the Planning Commission voted 5-0 to recommend approval of the project at the November 9, 2015 meeting. Erica Christianson, representing LHB Architects, reviewed the project and noted they are focusing the improvements on the two entries on the west side and the one on the north side of the mall. They plan to remove over 50 trees as part of the project, including ash trees and some older pines. Tyra-Lukens expressed concern about the number of trees being removed. Ms Christianson said there are 100 trees in the focus area, and they are working with the City Forester on a replacement plan. She noted they are meeting the tree replacement requirement. Tyra-Lukens was also concerned about the pollinator- friendly material they plan to use because she could not find any of their planned plantings on the University of Minnesota's list of pollinator-friendly plantings. Ms Christianson reviewed the plants proposed and noted they plan to have a balance of cultivated and native species, including the native aster and a non- native sedum which are pollinator species. In addition, they plan to include some basswood tree varieties that are considered pollinator friendly. Tyra-Lukens noted there seem to be discrepancies in the planting schedule document regarding the total trees planned to be planted in the three areas. Ms Christianson said some of the trees planned cannot count towards tree CITY COUNCIL MINUTES December 1, 2015 Page 4 replacement because they are considered ornamental. Tyra-Lukens expressed concern about the overall reduction in screening and asked how many conifers will be put back in. Ms Christianson explained the majority of the coniferous trees will be around the Target wall in order to screen the loading dock wall. Tyra- Lukens commented she was more concerned about the reduction in screening of the parking lot. Nelson noted it was great they are replacing the ash trees with more permanent trees. She was concerned that a number of the plantings are in the same color palette and asked if there will be flowering shrubs. Ms Christianson said they are using a wild rose shrub and a diablo ninebark. Two varieties of sumac that have some color will be planted in two different locations. Nelson noted she liked the idea of adding flowers into the plantings. She was concerned that native grasses can easily overwhelm the flowering species. She asked if there will be on-going maintenance to keep the grasses in check. Ms Christianson said they currently have some ornamental grasses along with shrubs, and maintenance of those has been going well. They plan to put the main splash of color at the entries. Case said he liked the beautification part of the project and asked if some of the trees could be trimmed rather than removed. He would like to err on the side of not taking trees unless they are ill. He would also like the mall to be viewed from highways as beautiful and beckoning and was concerned about why so many trees need to be taken out rather than incorporated into the new landscaping. The trees have been growing there for 35 years,but they plan to take out many of the healthy trees. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Nelson, to close the public hearing. Motion carried 5-0. Case said he was not comfortable voting on this project and asked if staff could review and tweak the plans to address some of the Council's concerns about tree loss. Getschow replied staff could continue to work with the applicant. The Council could choose to continue the item for a future first reading and direct staff to continue to work with the applicant on the project, or the Council could ask for conditions upon approval of first reading to come back at second reading. Butcher Wickstrom liked a lot of the changes especially the addition of color. She commented it looks like a commercial center, which is what it is. She suggested there may be a balance where we remove the sick trees but keep some that are more strategic. Tyra-Lukens said it is difficult to improve on the amenities at the mall; however, she would have expected a landscape improvement plan to have increased screening of the parking areas on the west side. The west side of the mall does not have berms, and there is not a lot of vegetation. She was glad to see the addition of color in the plantings but it is important those be well maintained. She thought CITY COUNCIL MINUTES December 1, 2015 Page 5 they could enhance pedestrian access and add bike racks because those things are not being addressed. The purpose of the two ring roads is to exit the outside ring and then get onto the inner ring road. She did not feel compelled to take down trees to get better views of buildings. There are good things about the proposal, but there would now be an even clearer view of the parking lot. She thought this plan could be improved upon. Nelson said some of the evergreens are too tall and sparse looking, and there are probably some of them that should come down. The ash trees should definitely be taken out. She liked the idea to put some trees in the parking area because of the shade they would provide and because they would cut down a little on the view of the cars. She suggested it would be nice to have some bike racks, and this would be a good time to add them. Tyra-Lukens noted the calculation for tree loss was based on three areas and asked if that was based on all trees on the property. She calculated they are removing 11.43% of the trees on the entire site, and asked about the ramifications of that. Jeremiah said the calculation was based on specific areas. There is to be a net loss of 15 trees in the three areas. Tyra-Lukens asked about the threshold of tree loss we allow in terms of the number of caliper inches. Jeremiah replied there is a sliding scale of removal and replanting, and diseased trees are not included as something that must be replaced. Aho commented the new plantings will look very nice and will make it more beautiful. He said the current landscaping is almost all trees, but they are adding shrubs and flowers that will add to the beauty of the landscaping. He was somewhat concerned that we might get into nit picking on the project and wanted to make sure we are giving broad goals. He suggested staff be sent back to work with the proponent about more and better screening of the parking and maybe make some minor adjustments. He thought the Council could direct staff to prepare the development agreement and incorporate staff and commission recommendations with the Council condition to work with staff on adjustments to the project. We would then have an opportunity at second reading to accept or reject the project. Nelson asked that the second reading be brought back as a separate agenda item and not as a Consent Calendar item. Tyra-Lukens noted she hoped there could be more done to screen the parking. MOTION: Aho moved, seconded by Butcher Wickstrom, to approve first reading of the Ordinance for Planned Unit Development District Review and Zoning District Review within the Commercial Regional Service Zoning District on 35.32 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions and to bring back the project for second reading as a regular agenda item, not on the Consent Calendar. Motion carried 5-0. CITY COUNCIL MINUTES December 1, 2015 Page 6 B. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO PLANNED UNIT DEVELOPMENT AND SITE PLAN REVIEW PROCESSES Getschow said staff is proposing text amendments to the existing Site Plan and Architectural Design Review and Planned Unit Development sections of City Code Chapter 11 to address a more streamlined process for minor amendments to sites and structures. He noted this has been discussed at Council workshops and staff meetings. He reviewed examples of how the streamlined process would work. The Planning Commission voted 5-0 to recommend approval of the proposed ordinance at the November 9, 2015 meeting. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Case, to close the public hearing and to approve first reading of the ordinance amendment to City Code Chapter 11, Section 11.03 Site Plan and Architectural Design Review and 11.44 relating to Planned Unit Development review process, and adopting by reference City Code Chapter 1 and Sections 2.99 and 11.99 which, among other things, contain penalty provisions. Motion carried 5-0. C. FIRST AND SECOND READINGS OF ORDINANCE 21-2015 UPDATING FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND RESOLUTION 2015-114 APPROVING PUBLICATION OF SUMMARY ORDINANCE Getschow said Items IX.0 and D deal with the fees charged for City costs and services. Item IX.0 establishes a fee schedule for 2016 for all fees that require an ordinance. Item IX.D. is a separate action related to all fees the City Council approves by resolution. He noted there are adjustments to both types of fees,but the adjustments are all within the 1-3%rate of inflation per year. There were no comments from the audience. MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing, to approve first and second readings of the Ordinance updating the Fee Schedule for Administration of Official Controls, and to adopt Resolution 2015- 114 approving the Summary for Publication. Motion carried 5-0. D. RESOLUTION NO. 2015-115 UPDATING THE FEE SCHEDULE FOR CITY SERVICES Getschow said these are the fees related to many services not covered by ordinance and include the fees for many of the enterprise funds. He noted several of these were reviewed in detail at the last Council workshop. Nelson said she has heard that some people who work in Eden Prairie but do not live in Eden Prairie have been required to pay non-resident membership fees at the CITY COUNCIL MINUTES December 1, 2015 Page 7 Community Center. She asked if we could get the word out to businesses in Eden Prairie that their employees are eligible for resident membership fees because she did not think that is well understood. Getschow clarified this would pertain only to Community Center fees. He said staff would look at different areas of communication. Nelson noted membership at the Community Center will be very desirable after we complete Phase 2 of the Aquatics Center, and she did not believe companies understand their employees are eligible for resident membership fees. There were no comments from the audience. MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public hearing and to adopt the 2016 Fee Resolution No. 2015-115. Motion carried 5-0. E. 2016 BUDGET Getschow said on September 1, 2015, the Eden Prairie City Council adopted a resolution certifying the preliminary 2016 City budget and property tax levy. Calculations for the City showed the budget to be $45,877,812 and the certified levy to be $34,660,874. According to state statute, the final levy amount must be certified to the county auditor by December 28, 2015. City Council adoption of the final levy and budget will complete this process. This public meeting is to provide an opportunity for the public to comment on the 2016 proposed budget. Finance Director Kotchevar gave a PowerPoint presentation about the 2016 budget that reviewed the purpose of tonight's public meeting and the schedule for other public meetings about 2016 budgets, such as Hennepin County, Eden Prairie School District and the Metropolitan Council. She noted there is a 3.5% increase in the total City budget, a 4.0% increase in General Fund revenues, and a 3.9% increase in General Fund expenditures. She noted the increase in General Fund expenditures was primarily due to wage and benefit increases and increases to existing service funds. She reviewed the debt summary and noted the total debt levy will decrease by 3.1%. She said the total property tax levy will increase 2.9% and reviewed the tax impact on residences, apartments and commercial properties. She said the monthly cost of City services for a median value home is $97.75, including $7.23 of costs for the total City debt. Getschow reviewed the year-long budget process that started with the City's work plan reviews in January and February. In April the Council met to discuss goals and strategies before the 2016-2017 budget was prepared during the summer. He noted this year there was a lot of information about the budget available on the City website and on City Connect. He said the Council set the preliminary budget and levy in September, and that set the ceiling for the total budget. He reviewed the goals for the 2016-2017 budget. He noted in early 2016 the City will celebrate the conclusion of the 20-40-15 program--a program that realized hundreds of thousands of dollars in energy savings for the City. He said staff continually reviews our service levels so that we can keep the high level of satisfaction with the City services we see on the community survey results. He noted we have added to the number of City-wide events,placed high design standards and started the Spirit of CITY COUNCIL MINUTES December 1, 2015 Page 8 Eden Prairie award as part of our efforts to enhance Eden Prairie's sense of community. Staff produced a series of videos about each City department and its budget to run on the City Connect web page. There were no comments from the audience. Nelson thanked staff for keeping services high and taxes low and noted she appreciated all the innovations that have come through the departments. MOTION: Aho moved, seconded by Nelson, to close the public meeting. Motion carried 5-0. 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 Tyra-Lukens said on December 10 from 4:30 to 5:30 PM the City Council and the Chamber of Commerce will host an after-hours business event that will be a town hall meeting between the Council and the business community. The event will be held in the Heritage Rooms at City Hall. B. REPORT OF CITY MANAGER 1. Resolution No. 2015-116 Certifying the 2016 Property Tax Levy, Adopting the 2016 Budget, and Consenting and Approving the 2016 HRA Tax Levy Getschow said the Council needs to approve a resolution to certify the 2016 property tax levy, to adopt the 2016 budget and to consent and approve the 2016 HRA tax levy. MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2015-116 certifying the 2016 Property Tax levy to be $34,660,874, to approve the 2016 Budget of$45,877,812 as reviewed by the Council, and to consent and approve the HRA tax levy and budget of $200,000. Motion carried 5-0. CITY COUNCIL MINUTES December 1, 2015 Page 9 C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Community Center Aquatics and Fitness Expansion Update Lotthammer gave an update on the progress of the Community Center Aquatics and Fitness expansion project. He displayed photos showing the progress made on the building since it was started. He noted the expansion will give opportunities for more people to experience the Community Center. Phase II of the expansion is almost 75% complete, and staff expects the project will be closed out in April or May of 2016. He reviewed the construction challenges faced during the construction as well as some of the savings that were made during the construction. Tyra-Lukens noted it is a beautiful project. She believed it paid off to have so much user involvement in the design and planning of the project. Lotthammer noted the passing of Geri Napuck, a resident who was very involved in community activities and who served several years on the Parks Commission. He commented she is someone we will miss very much in the community. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Aho moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:58 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Christy Weigel, Clerk's License Application List Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Cigarette & Tobacco Products Organization: City of Eden Prairie EP Marathon Company Inc Event: Beer Tasting at Concert in the Park (Formerly: Anderson Oil Marketing, Inc) Date: July 15, 2016 DBA: Anderson Marketing Place: Staring Lake Park 8795 Columbine Road 14800 Pioneer Trail Organization: Church of Pax Christi Raffle Event: Annual Cana Dinner Organization: Foundation for Eden Prairie Date: February 6, 2016 Schools Place: Pax Christi Social Halls Place: MN Vikings Fieldhouse 12100 Pioneer Trail 9520 Viking Drive Date: February 27, 2016 Organization: Foundation for Eden Prairie Schools Event: Taste of Eden Prairie Temporary Liquor Date: February 27, 2016 Organization: City of Eden Prairie Place: MN Viking Field House Event: Wine Tasting 9520 Viking Drive Date: February 18, 2016 Place: Garden Room 8080 Mitchell Road Organization: City of Eden Prairie Event: Wine Tasting Date: April 14, 2016 Place: Garden Room 8080 Mitchell Road Organization: City of Eden Prairie Event: Beer Tasting at Arts in the Park Date: May 21, 2016 Place: Purgatory Creek Park 13001 Technology Drive - 1 - City Council Agenda [January 5, 2016] Clerk's License Application List Page 2 2016 Renewal Licenses Cigarette & Tobacco Products RAF LLC DBA: Snacks &Drinks Commercial Kennel Zieman LLC DBA: Anderson Lakes Animal Hospital Hound Dog Pet Hotel LLC DBA: Hound Dog Pet Hotel Kingdale Kennels, Inc PetSmart, Inc#458 DBA: PetsHotel Private Kennel Ken&Becky Beiersdorf Mary Lou Carlson Andrew & Cindy Costigan Reid Mandel James W. McCoy Kyle Mjoen Robert &Lorraine Stanton Binh Vuong Debra Wegler Precious Metal Dealer License Gold Money Express LLC DBA: Gold Money Express Marquis Jewelers, Inc DBA: Wedding Day Diamonds CITY COUNCIL AGENDA DATE: January 5, 2016 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Community Development/Planning Code Amendment for PUD and Janet Jeremiah/Julie Klima Site Plan Review Requested Action Move to: • Approve 2nd Reading of the Ordinance amending Chapter 11, Sections 11.03 Site Plan and Architectural Design Review and 11.40 relating to Planned Unit Development review process. • Adopt Resolution Approving the Summary of Ordinance and Ordering the publication of said summary. Synopsis This is final approval of an ordinance amending the PUD and Site Plan Review process. Attachments • Ordinance • Summary Ordinance • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.03 RELATING TO SITE PLAN AND ARCHITECTURAL DESIGN REVIEW AND SECTION 11.40 RELATING TO PLANNED UNIT DEVELOLPMENT (PUD) CONCEPT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 11.03, Subd. 6. A is amended by amending paragraphs one and two thereof in their entirety as follows: A. Approval Required. No building permit, or land alteration permit for a parking lot, shall be issued for the construction of any (i) building, structure or parking area situated or to be constructed within any District, except, (a) those within the Rural District or One-Family Residential Districts, and (b) duplexes (dwellings designed for or occupied by two families), or (ii) building or structure constituting a public infrastructure, situated or to be constructed within any District, including but not limited to Rural and One-Family Residential Districts, unless it shall conform to a Site Plan and Architectural Design as described in C. hereof, or an amendment thereof, which has been approved by the Council and such approval is effective as hereinafter provided. No building permit, or land alteration permit for a parking lot, shall be issued for the construction of an alteration or enlargement of a(i) building, structure or parking area situated within any District, except, (a) those within the Rural District or One-Family Residential Districts, and (b) duplexes (dwellings designed for or occupied by two families), or (ii) building or structure constituting a public infrastructure, including but not limited to Rural and One-Family Residential Districts, unless it shall conform to a Site Plan and Architectural Design as described in C. hereof, or an amendment thereof, which has been approved by the Council or the City Planner in accordance with the criteria set forth in Section 11.03, Subd 6. D and such approval is effective as herein after provided. Section 2. City Code Section 11.03, Subd. 6. B is amended by deleing second paragraph of said Subd. 6. B in its entirety. Section 3. City Code Section 11.03, Subd. 6. D is amended by adding the following additional text after the first paragraph: The City Planner shall determine the level of review required for a new or amended Site Plan and Architectural Design based on the criteria set forth below. The City Planner may determine to refer an application to the City multi- department staff "Development Review Committee" for review and recommendation to the City Planner: 1. The following are considered administrative amendments to an approved Site Plan and Architectural Design and shall be subject to review and approval by the City Planner. A. Reduction of parking which meets City Code requirements for size, number and aisle width. Reconfiguration of parking meeting City Code requirements for size, number and aisle width. B. Changes to landscaping type, location and species that do not fall below the site requirements. 2. The following are considered Minor Amendments to an approved Site Plan and Architectural Design and shall be subject to review and consideration for approval by the City Council only without referral to the Planning Commission: A. Alterations which are code compliant and are 10% or less of the Gross Floor Area of a building or 2,000 square feet whichever is less. The expansion or reduction shall be the cumulative total and/or cumulative reduction after adoption of this amendment to this Section 11.03, Subd. 6. D. 2. A. B. Facade remodels which are code compliant. 3. All other amendments and alterations to an approved Site Plan and Architectural Design, are considered Major Amendments and are subject to review in accordance with Section 11.03, Subd. 6, E and F. 4. All new buildings, structures, and parking areas and all alterations to existing buildings, structures and parking areas that do not have an approved Site Plan and Architectural Design are subject to review in accordance with Section 11.03, Subd. 6, E and F. A Zoning Certificate and Certificate of Occupancy shall be required in accordance with City Code Section 11.77. Section 4. City Code Section 11.03, Subd. 6. E is amended by deleting the words "by the Council" in the first sentence. Section 5. City Code Section 11.03, Subd. 6. F is amended by amending the first paragraph as follows: Except as provided for in Subd 6, D. 1. and 2. a Site Plan and Architectural Design shall not be acted upon by the Council until it has received the recommendation of the Planning Commission or until sixty(60) days have elapsed from the date it has been referred to the Planning Commission for its study and report. Section 6. City Code Section 11.40, Subd. 10 is amended by amending the first and second sentences as follows: A public hearing on an application for a PUD and any PUD amendment other than a Minor PUD Amendment as defined in Subd. 10. C. below shall be held before both the Planning Commission and the Council. An application for a Minor PUD Amendment shall require a public hearing only before the Council. Section 7. City Code Section 11.40, Subd. 10. A is amended by adding after the phrase "An application for"the following words: "a PUD and all applications for amendment of'. Section 8. City Code Section 11.40, Subd. 10. is amended by adding a new Subd. 10 C. as follows: C. Minor PUD Amendment is: 1. Additions or reductions which require PUD waivers and are 10% or less of the Gross Floor Areas of building or 2,000 square feet whichever is less. The addition or reduction shall be the cumulative total or cumulative reduction after adoption if this Section 11.40, Subd. 10, C. 1. 2. Façade remodels which are require a PUD waiver. Section 9. City Code Section 11.40, Subd. 10. is amended by adding a new Subd. 10 D. as follows: D. A Zoning Certificate and Certificate of Occupancy shall be required in accordance with City Code Section 11.77. Section 10. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 11. 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 1st day of December, 2015 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 5th day of January, 2016. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on . CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE -2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11 AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends Chapter 11 relating to Planned Unit Development and Site Plan review process. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra- Lukens, Mayor PUBLISHED in the Eden Prairie News on . (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 2016 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. _-2016 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 5th day of January, 2016. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. _-2016 is lengthy. B. The text of summary of Ordinance No. -2016, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance _-2016 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on January 5, 2016. Nancy Tyra-Lukens Mayor (Seal) ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE -2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11 AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends Chapter 11 relating to Planned Unit Development and Site Plan review process. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra- Lukens, Mayor PUBLISHED in the Eden Prairie News on . (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA DATE: January 5, 2016 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Community Development/Planning Code Amendment of the Janet Jeremiah/Julie Klima Subdivision Regulations Requested Action Move to: • Approve 2nd Reading of the Ordinance amending Chapter 12 to amend the Subdivision Regulations. • Adopt Resolution Approving the Summary of Ordinance and Ordering the publication of said summary. Synopsis This is final approval of an ordinance amending the Subdivision Regulations. Attachments • Ordinance • Summary Ordinance • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 12 RELATING TO SUBDIVISION; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 12.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 12 is amended by deleting Section 12.02 in its entirety and replacing it with the following: SECTION 12.02. SUBDIVISION/COMBINATION APPROVAL REQUIRED. No land shall be subdivided or combined without complying with the provisions of this Chapter. Subd. 1. Administrative Approval. The City Manager or his designee may authorize a subdivision or combination upon finding (1) for a subdivision, the division will not result in more than two parcels; for a combination, the combination will not result in more than one parcel; (2) the subdivision or combination will not cause any structure to be in violation of the Zoning Chapter or any other provision of the City Code; (3) the resulting parcel(s) generally conform to the shape and area of existing or anticipated land subdivisions in the surrounding areas; (4) the owners of land contiguous to the parcel(s) being divided or combined file no written objections within ten days following written notification to them or otherwise indicate in writing that they have no objections; and (5) no public improvements or dedications of right of way are required. A. Application. Any person having a legal or equitable interest in a property may file an application for administrative subdivision or combination. An application shall be filed with the Engineering Division on an approved form and shall be accompanied by an accurate boundary survey and legal description of the existing parcel(s) and a survey and legal description identifying the resulting parcel(s) after subdivision or combination. B. Review. The City Manager or his designee shall review all applications for administrative subdivision or combination to determine compliance with the standards identified in this Section and all other pertinent requirements of this Chapter. C. Approval or Denial. The City Manager or his designee shall approve or deny the request in writing. Upon written approval of the request, the applicant shall be responsible for filing the subdivision or combination survey with the County Recorder's or Registrar of Title's office as applicable. If the request is denied, the City Manager or his designee shall provide to the applicant a written statement of denial stating the reasons for the denial. D. Conditions. The City may impose conditions on any proposed administrative subdivision or combination that are deemed reasonable and necessary to protect the public interest and to ensure compliance with the provisions of this Chapter including, but not limited to, the following: (1) Provision of wetland buffers, trail, sidewalk, conservation, and utility and drainage easements and responsibility for the cost of filing and recording written easements with the County Recorder's or Registrar of Title's office as applicable; (2) Vacation of easements no longer required as determined by the City Engineer; and (3) Payment of parkland dedication fees for each lot created, except when the fees have been previously paid for the lot created by the subdivision under the Section. E. Filing. If the administrative subdivision or combination is not recorded with the County Recorder or Registrar of Titles within ninety (90) days after the date of approval, the City Manager may, upon ten days written notice to the applicant, revoke the approval in writing. F. Council Action. If a proposed subdivision or combination is not approved under this subdivision the applicant may apply for approval by the Council as hereinafter provided. Subd. 2. Minor Subdivisions. In the case of a subdivision of small size and of minor importance situated in a locality where conditions are well defined, as determined by the City Planner, the Council may process the approval as follows: A. Application. Any person having a legal or equitable interest in a property may file an application for a minor subdivision. An application shall be filed with the City Planner on an approved form and shall be accompanied by a plat made in accordance with Minnesota Statutes, 1990, Chapter 505. B. Review. The City Planner shall review all applications for minor subdivision to determine compliance with the standards identified in this Section and all other pertinent requirements of this Chapter and shall make a recommendation to the Council for approval or denial of the minor subdivision. C. Approval or Denial. The City Council shall consider the request for a minor subdivision. Council approval shall be in the form of a resolution. Upon written adoption of a resolution of approval, the applicant shall be responsible for filing the plat with the County Recorder's or Registrar of Title's office, as applicable. If the request is denied, the City Manager or his designee shall provide to the applicant a written statement of denial stating the reasons for the denial. D. Conditions. The City may impose conditions on any proposed minor subdivision that are deemed reasonable and necessary to protect the public interest and to ensure compliance with the provisions of this chapter including, but not limited to, the following: (1) Provision of wetland buffers, trail, sidewalk, conservation, and utility and drainage easements and responsibility for the cost of filing and recording written easements with the County Recorder's or Registrar of Title's office as applicable; (2) Vacation of easements no longer required as determined by the City Engineer; and (3) Payment of parkland dedication fees for each lot created, except when the fees have been previously paid for the lot created by the subdivision under the Section. (4) Dedication of right-of-way or easements for public utilities. F. Filing. If the minor subdivision is not recorded with the County Recorder or Registrar of Titles within ninety (90) days after the date of approval, the City Council may, upon ten days written notice to the subdivider, consider a resolution revoking the approval. E. If a minor subdivision is not approved under this subdivision, the applicant may apply for approval by the Council as hereinafter provided. Section 2. City Code Chapter 12, Section 12.03 is amended by inserting a new Subd. 1 to read as follows: "`Applicant' - Any person making an application for subdivision or combination under this Chapter."Existing Subdivisions 1 through 16 are hereby renumbered 2 through 17. Section 3. City Code Chapter 12, existing Section 12.03, Subd. 7, titled "Lot-Double Frontage" is amended by deleting the definition and replacing it with the following: "A lot on which both opposite ends or both adjoining sides abut on streets." Section 4. City Code Chapter 12, existing Section 12.03, Subd. 8 titled "Minimum Subdivision Design Standards"is amended by deleting the word"Minimum" from the title. Section 5. City Code Chapter 12, existing Section 12.03, Subd. 14, titled "Setback" is amended by deleting the definition and replacing it with the following: "The minimum horizontal distance between building walls and the street right-of-way, building walls and the side lot line, and building walls and the rear lot line." Section 6. City Code Chapter 12, Section 12.04, Subd. 4 is amended by deleting the number "forty-five (45)" in the first line and replacing it with the number"sixty(60)" Section 7. City Code Chapter 12, Section 12.05 is amended by revising the first sentence by deleting "1" to 100"' and replacing it with 1" = 50'." Section 8. City Code Chapter 12, Section 12.05, Subd 2. G is amended by deleting the word "marshes" and replacing it with the word"wetlands". Section 9. City Code Chapter 12, Section 12.05, Subd 3 A. is amended by adding after the phrase "right-of-way widths"the phrase ",proposed street widths". Section 10. City Code Chapter 12, Section 12.05, Subd 3 B. is amended in its entirety to read "Location and width of existing or proposed trails, fire lanes, pedestrian ways and utility easements." Section 11. City Code Chapter 12, Section 12.05, Subd 3 C. is amended by adding after the word "street"the words "and right-of-way". Section 12. City Code Chapter 12, Section 12.20. Subd 2. B. is amended by adding at the end of the first sentence the following sentence: "Approval of the final plat includes approval of changes to easements dedicated on the plat in order to conform the final plat to the final construction plans approved by the City Engineer." Section 13. City Code Chapter 12, Section 12.20. Subd 5. is amended by adding after the phrase "engineering review" the following phrase: ", final plan review, contract administration and inspection review,". Section 14. City Code Chapter 12, Section 12.30. titled "Minimum Subdivision Design Standards" is amended by deleting the word "Minimum" from the title; and Section 12.30, Subd 3. A. is amended by deleting the table and replacing it with the following: Average Daily Design Speed Right-of-Way Roadway Width Road Type Traffic(Vehicles) (MPH) (Feet) Back-Back(Feet) Residential Minor(1) 500 30 50 28 Residential Collector 3,000 35 60 32 Industrial 35 70 38 M.S.A. 10,000 30-40 80-120 Various(2) (1) Maximum length of cul-de-sac is 500 feet,right-of-way radius 50 feet,roadway radius 39 feet to back curb. (2) Width subject to MSA standards in the MnDOT State Aid Manual. Section 15. City Code Chapter 12, Section 12.30, Subd. 4 is amended by deleting in the last sentence thereof the phrase "fifteen(15) feet" and replacing it with"one hundred(100) feet". Section 16. City Code Chapter 12, Section 12.30, Subd. 10 is amended by adding a paragraph C as follows: C. If City infrastructure is required to be installed within the platted property, then additional easements shall be provided in such locations as specified by the City. Each easement shall be in such width as specified by the City to adequately accommodate the infrastructure but in no event less than twenty(20) feet wide. Section 17. City Code Chapter 12, Section 12.50, Subd. 1 is amended by deleting in the fifth sentence the word"with" and inserting in its place the word"within". Section 18. City Code Chapter 12, Section 12.60 is amended by deleting Subdivision 2, entitled Minor Subdivisions. Existing Subdivision 3 is hereby renumbered Subdivision 2. Section 19. City Code Chapter 12, Section 12.61 is amended by inserting the phrase "any platted outlot, or on" after the word"on". Section 20. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 12.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 21. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of November, 2015 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 6th day of January, 2016. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on . CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE -2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 12 AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 12.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends Chapter 12 relating to establishing administrative and minor subdivision review processes and making other housekeeping changes. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra- Lukens, Mayor PUBLISHED in the Eden Prairie News on . (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 2016 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. _-2016 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 5th day of January, 2016. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. _-2016 is lengthy. B. The text of summary of Ordinance No. -2016, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance _-2016 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on January 5, 2016. Nancy Tyra-Lukens Mayor (Seal) ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE -2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 12 AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 12.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends Chapter 12 relating to establishing administrative and minor subdivision review processes and making other housekeeping changes. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra- Lukens, Mayor PUBLISHED in the Eden Prairie News on . (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 6, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Sue Kotchevar, Office of the A Resolution Authorizing City Officials to City Manager/Finance Transact Banking Business Requested Action Move to: Adopt the resolution authorizing the persons holding the office as Mayor, Manager and Treasurer or Deputy Treasurer to act for the City of Eden Prairie in the transaction of any banking business with the official depositories. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS BE IT RESOLVED, that the persons holding office as Mayor, Manager, and Treasurer of the City of Eden Prairie,be and they hereby are, authorized to act for the City in the transaction of any banking business with the official depositories (hereinafter referred to as the banks). Unless the City provides written notice to the contrary, this authorization includes the authority to sign checks against said account, which checks will be signed by the Mayor, Manager and City Treasurer or Deputy Treasurer. The bank is hereby authorized and directed to honor and pay any check against such account which is signed as above described, whether or not said check is payable to the order of, or deposited to the credit of, any officer or officers of the City including the signer or signers of the check. BE IT FURTHER RESOLVED, that the Acting Mayor be authorized to sign checks as an alternate for the Mayor and the Deputy Treasurer be authorized to sign checks as an alternate for the Treasurer. ADOPTED by the City Council of the City of Eden Prairie this 5th day of January, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Sue Kotchevar, Office of the Resolution Designating Depository City Manager/Finance Requested Action Move to: Adopt the resolution designating US Bank of Eden Prairie as the official depository for the public funds of the City of Eden Prairie. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION DESIGNATING DEPOSITORY BE IT RESOLVED, that US Bank of Eden Prairie of Minnesota, authorized to do banking business in Minnesota, be and hereby designated as the Official Depository for the Public Funds of the City of Eden Prairie, County of Hennepin, Minnesota. The City Treasurer shall maintain adequate collateral for funds in the depository. ADOPTED by the City Council of the City of Eden Prairie on the 5th day of January, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Sue Kotchevar, Office of the A Resolution Authorizing use of Facsimile City Manager/Finance Signatures by Public Officials Requested Action Move to: Adopt the resolution authorizing the use of facsimile signatures of the Mayor, the City Manager and the Treasurer on checks, drafts, warrants, vouchers or other orders on public funds deposited. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS BE IT RESOLVED, that the use of facsimile signatures by the following persons: Nancy Tyra-Lukens, Mayor Rick Getschow, City Manager Susan Kotchevar, Treasurer on checks, drafts, warrants, vouchers or other orders on public funds deposited hereby is approved and that each of said named persons may authorize the depository bank to honor any such instrument bearing her/his facsimile signature in such form as she/he may designate and to charge the same to the account in said depository bank upon which drawn, as fully as though it bore her/his manually written signature and that instruments so honored shall be wholly operative and binding in favor of said depository bank although such facsimile signature shall be affixed without her/his authority. ADOPTED by the City Council of the City of Eden Prairie on this 5th day of January, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.G. Sue Kotchevar, Office of the A Resolution Authorizing the Treasurer or Deputy City Manager/Finance Treasurer to Invest City of Eden Prairie Funds Requested Action Move to: Adopt the resolution authorizing the City Treasurer or Deputy Treasurer to invest City of Eden Prairie funds. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS BE IT RESOLVED, by the City Council of the City of Eden Prairie, County of Hennepin, that the City Treasurer or Deputy Treasurer is authorized to invest City of Eden Prairie funds with any bank, or other financial institution authorized to do business in the State of Minnesota in Certificates of Deposit, U.S. Government Notes and Bills, obligations of the State of Minnesota or any of its subdivisions, Federal Government Agency Bonds and Notes, Saving Accounts and Repurchase Agreements and any other security authorized by law. The City Treasurer shall maintain adequate collateral for funds deposited. ADOPTED by the City Council of the City of Eden Prairie on this 5th day of January, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Sue Kotchevar, Office of the A Resolution Authorizing the Treasurer or Deputy City Manager/Finance Treasurer to Make Electronic Fund Transfers for the City of Eden Prairie Requested Action Move to: Adopt the resolution authorizing the City Treasurer or Deputy Treasurer to make electronic fund transfers for the City of Eden Prairie. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR THE CITY OF EDEN PRAIRIE BE IT RESOLVED, by the City Council of the City of Eden Prairie, County of Hennepin, that the City Treasurer or Deputy Treasurer is authorized to make electronic fund transfers with any bank, or other financial institution authorized to do business in the State of Minnesota, for investments of excess cash, payment of bond principal, bond interest and a fiscal agent services charges, monthly sales tax, state payroll withholdings and other banking transactions deemed appropriate by the Treasurer or Deputy Treasurer. ADOPTED by the City Council of the City of Eden Prairie on this 5th day of January, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I. Sue Kotchevar, Office of the Adopt A Resolution Authorizing Payment of City Manager/Finance Certain Claims by the Finance Department Without Prior Council Approval Requested Action Move to: Adopt a resolution authorizing payment of certain claims by the Finance Department without prior Council approval. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL BE IT RESOLVED, that the following types of claims may be paid by the City Manager, Treasurer, or Deputy Treasurer, without prior approval by the City Council. Contracted items (utilities, rent, land, school, conference and related travel expenses, easements, construction, etc.) Payroll Liabilities Refunds Postage Programmed Professional Performances Petty Cash Invoices which offer discounts or have interest added Licenses and Fees Payments to vendors not allowing charge accounts Tickets paid by registration fees Motor vehicle registrations Employee expenses Insurance Amounts due to other government agencies Liquor store inventory items Police "buy" money Payments to comply with agreements,purchases, or invoices which contain a fixed time for payment ADOPTED by the City Council of the City of Eden Prairie on this 5th day of January, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J. Resolution Designating Official Office of City Manager Meeting Dates, Times and Locations for Board& Commission Meetings Requested Action Move to: Adopt Resolution designating the official meeting dates, time and location for City Council appointed Boards and Commissions during 2016. Synopsis The schedule of regular meetings for the City's Boards and Commissions is established by the City Council on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES, TIME AND LOCATION FOR CITY COUNCIL APPOINTED BOARDS & COMMISSIONS IN 2016 BE IT RESOLVED,that the City Council of the City of Eden Prairie, Minnesota and the City Council appointed Boards and Commissions will meet at 7:00 p.m. in the Eden Prairie City Center, 8080 Mitchell Road, Eden Prairie, Minnesota as scheduled below. The Human Rights and Diversity Commission will meet at the EP Center Mall, Housing and Human Services Office. Additional workshops may be called if determined necessary by the Commission Chair and the Staff Liaison. Any regularly-scheduled meeting which occurs on a day when elections are held within the city limits of Eden Prairie will begin at 8:00 p.m. Robert's Rules of Order will prevail. Board / Commission Scheduled Meeting Dates Board of Appeal and Equalization Thursday,April 7, and Tuesday,April 26 Conservation Commission 2nd Tuesday Flying Cloud Airport Advisory Commission Quarterly(2nd Thursday of January,April,July& October) Heritage Preservation Commission 3rd Monday(January—2nd Monday& February— 4th Monday) Human Rights &Diversity Commission 2nd Thursday(no meeting in July or August) Parks, Recreation&Natural Resources 1st Monday(2nd Monday of September) Commission Planning Commission 2nd and 4th Mondays(No meeting the 4th Monday of May and December) ADOPTED by the Eden Prairie City Council this 5th day of January 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.K. Rob Reynolds, Police Chief Resolution approving Joint Powers Agreements and the Subscriber Amendments with the State of Minnesota Requested Action Move to: Adopt the Resolution approving Joint Powers Agreements and Court Data Services Subscriber Amendment to the CJDN Subscriber Agreements with the City on behalf of the Police Department and its Prosecuting Attorney. Synopsis The State of Minnesota through the BCA requires the City to enter into two Joint Powers Agreements (JPA) and two Court Data Services Subscriber Amendments (Subscriber Amendments)to the CJDN Subscriber Agreements on behalf of the Police Department and on behalf of the Prosecuting Attorney. Background Under Minn. Stat. § 471.59, the BCA and the City are empowered to engage in agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit authorized agencies in Minnesota. The City is authorized by law to use the criminal justice data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized agencies in performing their duties. The City and its Prosecuting Attorney want to access these data in support of their official duties. The purpose of the JPA agreements is to create a method by which the City and Prosecuting Attorney have access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. The City desires to use one or more BCA systems and tools to access tools to access and/or submit Court Records to assist the City in the efficient performance of its duties as required or authorized by law or court rule. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the City on behalf of the Police Department and Prosecuting Attorney if the City completes the Subscriber Amendments. The Court desires to permit such access and/or submission. The Subscriber Agreements are intended to facilitate this access to assist the City and its Prosecuting Attorney in the efficient performance of their duties as required or authorized by law or court rule. Attachments • Resolution • State of Minnesota Joint Powers Agreement Authorized Agency on behalf of the Police Department. • State of Minnesota Joint Powers Agreement Authorized Agency on behalf of the Prosecuting Attorney. • Court Data Services Subscriber Amendment to CJDN Subscriber Agreement on behalf of the Police Department. • Court Data Services Subscriber Amendment to CJDN Subscriber Agreement on behalf of the Prosecuting Attorney CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS AND THE COURT DATA SERVICES SUBSCRIBER AMENDMENTSTO CJDN SUBSCRIBER AGREEMENT WITH THE CITY OF EDEN PRAIRIE ON BEHALF OF ITS AND POLICE DEPARTMENT AND ON BEHALF OF ITS PROSECTUING ATTORNEY WHEREAS, the City of Eden Prairie on behalf of its Prosecuting Attorney and Police Department desires to enter into two Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The two Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. WHEREAS, the City of Eden Prairie on behalf of its Prosecuting Attorney and its Police Department desires to enter into two Court Data Services Subscriber Amendment("Subscriber Amendments")which modify and supplements the Agreement between the BCA and Agency, SWIFT Contract number 101548, for City use of BCA systems and tools NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, AS FOLLOWS: 1. That the State of Minnesota Joint Powers Agreement and the Subscriber Amendment by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Eden Prairie on behalf its Police Department, are hereby approved. Copies of the Joint Powers Agreement and Subscriber Amendment are attached to this Resolution and made a part of it. 2. That the State of Minnesota Joint Powers Agreement and the Subscriber Amendment by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Eden Prairie on behalf of its Prosecuting Attorney are hereby approved. Copies of the Joint Powers Agreement and Subscriber Amendment are attached to this Resolution and made a part of it. 2. That the Chief of Police, Rob Reynolds, or his successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, the Deputy Chief of Police, James De Mann is appointed as the Authorized Representative's designee. 3. That Attorney Jennifer Spalding, or her successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, Attorney Richard Rosow is appointed as the Authorized Representative's designee. 4. That Nancy Tyra-Lukens, the Mayor for the City of Eden Prairie and Rick Getschow, the City Manager, are authorized to sign the State of Minnesota Joint Powers Agreements. ADOPTED by the City Council of the City of Eden Prairie this 5th day of January, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk SWIFT Contract# 101548 MN0272600 STATE OF MINNESOTA JOINT POWERS AGREEMENT AUTHORIZED AGENCY This agreement is between the State of Minnesota, acting through its Department of Public Safety,Bureau of Criminal Apprehension("BCA")and the City of Eden Prairie on behalf of its Police Department("Agency"). Recitals Under Minn. Stat. § 471.59,the BCA and the Agency are empowered to engage in those agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit authorized agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition,BCA either maintains repositories of data or has access to repositories of data that benefit authorized agencies in performing their duties. Agency wants to access these data in support of its official duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement 1 Term of Agreement 1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration date: This Agreement expires five years from the date it is effective. 2 Agreement between the Parties 2.1 General access.BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Communications Network(CJDN)and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of access. The BCA offers three(3)methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA's systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's systems or tools. B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from BCA's systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer-to-computer system interface occurs when Agency's computer exchanges data and information with BCA's computer systems and tools using an interface. Without limitation,interface types include: state message switch,web services, enterprise service bus and message queuing. For purposes of this Agreement,Agency employees or contractors may use any of these methods to use BCA's systems and tools as described in this Agreement. Agency will select a method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal systems access. In addition,pursuant to 28 CFR§20.30-38 and Minn. Stat. §299C.58,BCA may provide Agency with access to the Federal Bureau of Investigation(FBI)National Crime Information Center. 1 SWIFT Contract# 101548 MN0272600 2.4 Agency policies.Both the BCA and the FBI's Criminal Justice Information Systems(FBI-CJIS)have policies, regulations and laws on access,use, audit, dissemination,hit confirmation, logging, quality assurance, screening(pre- employment), security,timeliness,training,use of the system,and validation. Agency has created its own policies to ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time,are incorporated into this Agreement by reference. The policies are available at https://app.dps.mn.gov/cjdn. 2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools,information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx. Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://dps.mn.gov/divisions/bca/bca- divisions/mnj is/Documents/BCA-Policy-on-Appropriate-Use-of-Systems-and-Data.pdf. 2.6 Access granted. A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligible. Eligibility is dependent on Agency(i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and(iii)acceptance by BCA of Agency's written request for use of a specific system or tool. B. To facilitate changes in systems and tools,Agency grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice obligations and for which Agency is eligible. 2.7 Future access. On written request by Agency,BCA also may provide Agency with access to those systems or tools which may become available after the signing of this Agreement,to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on access.BCA agrees that it will comply with applicable state and federal laws when making information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing, entering,using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement,the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk,BCA.ServiceDesk@state.mn.us. 2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7,there must be a method of identifying which individual users at the Agency conducted a particular transaction. If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B,BCA's transaction record meets FBI-CJIS requirements. When Agency's method of access is a computer to computer interface as described in Clause 2.2C,the Agency must 2 SWIFT Contract# 101548 MN0272600 keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If an Agency accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data,Agency must have a transaction record of all subsequent access to the data that are kept by the Agency. The transaction record must include the individual user who requested access,and the date, time and content of the request. The transaction record must also include the date,time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six(6)years from the date the transaction occurred and must be made available to the BCA within one(1)business day of the BCA's request. 2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment,which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy(see Clause 8.2, below), fees(see Clause 3 below), and transaction records or logs,that govern Agency's access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor personnel screening.The BCA will conduct all vendor personnel screening on behalf of Agency as is required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint-based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Agency. 3 Payment The Agency agrees to pay BCA for access to the criminal justice data communications network described in Minn. Stat. § 299C.46 as specified in this Agreement. The bills are sent quarterly for the amount of One Thousand Seven Hundred Ten Dollars($1,710.00) or a total annual cost of Six Thousand Eight Hundred Forty Dollars($6,840.00). Agency will identify its contact person for billing purposes, and will provide updated information to BCA's Authorized Representative within ten business days when this information changes. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is Dana Gotz, Depai intent of Public Safety, Bureau of Criminal Apprehension, Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul,MN 55106, 651-793-1007, or her successor. The Agency's Authorized Representative is Chief Robert Reynolds, 8080 Mitchell Road,Eden Prairie,MN 55344, (952)949-6200, or his/her successor. 5 Assignment,Amendments,Waiver,and Contract Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement,their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement,that failure does not waive the provision or the right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency. No other understanding regarding this Agreement,whether written or oral,may be used to bind either party. 3 SWIFT Contract# 101548 MN0272600 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act,Minn. Stat. § 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act,Minn. Stat. Ch. 466, governs the Agency's liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5,the Agency's books,records, documents,internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA,the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551,the State Auditor may examine the books,records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books,records, documents,and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law,the Agency's records are subject to examination by the BCA to ensure compliance with laws,regulations and policies about access,use, and dissemination of data. 7.3 If Agency accesses federal databases,the Agency's records are subject to examination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. 7.4 To facilitate the audits required by state and federal law,Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected,received, stored,used,maintained, or disseminated by the Agency under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the BCA. 8.2 Court Records.If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems,the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90)but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e)requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment,may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of alleged violations; sanctions For purposes of this clause,"Individual User"means an employee or contractor of Agency. 9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Agency and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred,BCA will inform Agency of the suspected violation, subject to any restrictions in applicable law. When Agency becomes aware that a violation has occurred,Agency will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber 4 SWIFT Contract# 101548 MN0272600 Amendment.None of these provisions alter the Agency's internal discipline processes,including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment,Agency must determine if and when an involved Individual User's access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report the status of the Individual User's access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User's access to systems or tools than that made by Agency and BCA's determination controls. 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA's satisfaction. If Agency's failure is continuing or repeated,Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment,BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Agency also understands that reinstatement is only at the direction of the Court. 9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement,or its breach,must be in the appropriate state or federal court with competent jurisdiction in Ramsey County,Minnesota. 11 Termination 11.1 Termination. The BCA or the Agency may terminate this Agreement at any time,with or without cause,upon 30 days' written notice to the other party's Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party's authorized representative. The Agency is not obligated to pay for any services that are provided after notice and effective date of termination. However,the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available.Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source,not to appropriate funds.Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing obligations The following clauses survive the expiration or cancellation of this Agreement: 6.Liability; 7.Audits; 8. Government Data Practices; 9. Investigation of alleged violations; sanctions; and 10.Venue. 5 SWIFT Contract# 101548 MN0272600 The parties indicate their agreement and authority to execute this Agreement by signing below. 1. AGENCY 2. DEPARTMENT OF PUBLIC SAFETY,BUREAU OF CRIMINAL APPREHENSION Name: (PRINTED) Name: (PRINTED) Signed: Signed: Title: (with delegated authority) Title: (with delegated authority) Date: Date: 3. COMMISSIONER OF ADMINISTRATION Name: delegated to Materials Management Division (PRINTED) By: Signed: Date: Title: (with delegated authority) Date: 6 SWIFT Contract# 104485 MN027201A STATE OF MINNESOTA JOINT POWERS AGREEMENT AUTHORIZED AGENCY This agreement is between the State of Minnesota, acting through its Department of Public Safety,Bureau of Criminal Apprehension("BCA")and the City of Eden Prairie on behalf of its Prosecuting Attorney("Agency"). Recitals Under Minn. Stat. § 471.59,the BCA and the Agency are empowered to engage in those agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit authorized agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition,BCA either maintains repositories of data or has access to repositories of data that benefit authorized agencies in performing their duties. Agency wants to access these data in support of its official duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement 1 Term of Agreement 1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration date: This Agreement expires five years from the date it is effective. 2 Agreement between the Parties 2.1 General access.BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Communications Network(CJDN)and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of access. The BCA offers three(3)methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA's systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's systems or tools. B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from BCA's systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer-to-computer system interface occurs when Agency's computer exchanges data and information with BCA's computer systems and tools using an interface. Without limitation,interface types include: state message switch,web services, enterprise service bus and message queuing. For purposes of this Agreement,Agency employees or contractors may use any of these methods to use BCA's systems and tools as described in this Agreement. Agency will select a method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal systems access. In addition,pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58,BCA may provide Agency with access to the Federal Bureau of Investigation(FBI)National Crime Information Center. 1 SWIFT Contract# 104485 MN027201A 2.4 Agency policies.Both the BCA and the FBI's Criminal Justice Information Systems(FBI-CJIS)have policies, regulations and laws on access,use, audit, dissemination,hit confirmation, logging, quality assurance, screening(pre- employment), security,timeliness,training,use of the system,and validation. Agency has created its own policies to ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time,are incorporated into this Agreement by reference. The policies are available at https://app.dps.mn.gov/cjdn. 2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools,information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx. Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://dps.mn.gov/divisions/bca/bca- divisions/mnj is/Documents/BCA-Policy-on-Appropriate-Use-of-Systems-and-Data.pdf. 2.6 Access granted. A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligible. Eligibility is dependent on Agency(i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and(iii)acceptance by BCA of Agency's written request for use of a specific system or tool. B. To facilitate changes in systems and tools,Agency grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice obligations and for which Agency is eligible. 2.7 Future access. On written request by Agency,BCA also may provide Agency with access to those systems or tools which may become available after the signing of this Agreement,to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on access.BCA agrees that it will comply with applicable state and federal laws when making information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing, entering,using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement,the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk,BCA.ServiceDesk@state.mn.us. 2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7,there must be a method of identifying which individual users at the Agency conducted a particular transaction. If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B,BCA's transaction record meets FBI-CJIS requirements. When Agency's method of access is a computer to computer interface as described in Clause 2.2C,the Agency must 2 SWIFT Contract# 104485 MN027201A keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If an Agency accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data,Agency must have a transaction record of all subsequent access to the data that are kept by the Agency. The transaction record must include the individual user who requested access,and the date, time and content of the request. The transaction record must also include the date,time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six(6)years from the date the transaction occurred and must be made available to the BCA within one(1)business day of the BCA's request. 2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment,which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy(see Clause 8.2, below), fees(see Clause 3 below), and transaction records or logs,that govern Agency's access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor personnel screening.The BCA will conduct all vendor personnel screening on behalf of Agency as is required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint-based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Agency. 3 Payment The Agency understands there is a cost for access to the criminal justice data communications network described in Minn. Stat. § 299C.46. At the time this Agreement is signed,BCA understands that a third party will be responsible for the cost of access. Agency will identify the third party and provide the BCA with the contact information and its contact person for billing purposes so that billing can be established. The Agency will provide updated information to BCA's Authorized Representative within ten business days when this information changes. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, additional fees, if any,are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is Dana Gotz,Department of Public Safety,Bureau of Criminal Apprehension, Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul,MN 55106, 651-793-1007, or her successor. The Agency's Authorized Representative is Jennifer Spalding, City Attorney, 1000 Washington Ave S, Ste 1550, Minneapolis,MN 55401, (6123) 338-0755, or his/her successor. 5 Assignment,Amendments,Waiver,and Contract Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement,their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement,that failure does not waive the provision or the right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency. No other understanding regarding this Agreement,whether written or oral,may be used to bind either party. 3 SWIFT Contract# 104485 MN027201A 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act,Minn. Stat. § 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act,Minn. Stat. Ch. 466, governs the Agency's liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5,the Agency's books,records, documents,internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA,the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551,the State Auditor may examine the books,records,documents, and accounting procedures and practices of BCA. The examination shall be limited to the books,records, documents,and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law,the Agency's records are subject to examination by the BCA to ensure compliance with laws,regulations and policies about access,use, and dissemination of data. 7.3 If Agency accesses federal databases,the Agency's records are subject to examination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. 7.4 To facilitate the audits required by state and federal law,Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement,and as it applies to all data created, collected,received, stored,used,maintained,or disseminated by the Agency under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the BCA. 8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems,the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90)but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e)requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment,may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of alleged violations; sanctions For purposes of this clause,"Individual User"means an employee or contractor of Agency. 9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Agency and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred,BCA will inform Agency of the suspected violation, subject to any restrictions in applicable law.When Agency becomes aware that a violation has occurred,Agency will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment.None of these provisions alter the Agency's internal discipline processes,including those governed by a 4 SWIFT Contract# 104485 MN027201A collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment,Agency must determine if and when an involved Individual User's access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report the status of the Individual User's access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User's access to systems or tools than that made by Agency and BCA's determination controls. 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA's satisfaction. If Agency's failure is continuing or repeated,Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment,if it has been signed by Agency. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment,BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Agency also understands that reinstatement is only at the direction of the Court. 9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement,or its breach,must be in the appropriate state or federal court with competent jurisdiction in Ramsey County,Minnesota. 11 Termination 11.1 Termination. The BCA or the Agency may terminate this Agreement at any time,with or without cause,upon 30 days' written notice to the other party's Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party's authorized representative. The Agency is not obligated to pay for any services that are provided after notice and effective date of termination. However,the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available.Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source,not to appropriate funds.Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing obligations The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7.Audits; 8. Government Data Practices; 9. Investigation of alleged violations; sanctions; and 10.Venue. 5 SWIFT Contract# 104485 MN027201A The parties indicate their agreement and authority to execute this Agreement by signing below. 1. AGENCY 2. DEPARTMENT OF PUBLIC SAFETY,BUREAU OF CRIMINAL APPREHENSION Name: (PRINTED) Name: (PRINTED) Signed: Signed: Title: (with delegated authority) Title: (with delegated authority) Date: Date: 3. COMMISSIONER OF ADMINISTRATION Name: delegated to Materials Management Division (PRINTED) By: Signed: Date: Title: (with delegated authority) Date: 6 COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment ("Subscriber Amendment") is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, ("BCA") and the City of Eden Prairie on behalf of its Police Department ("Agency"), and by and for the benefit of the State of Minnesota acting through its State Court Administrator's Office ("Court") who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 101548, of even or prior date, for Agency use of BCA systems and tools (referred to herein as "the CJDN Subscriber Agreement"). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. 1 a. "Authorized Court Data Services" means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA. b. "Court Data Services" means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. c. "Court Records" means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. "Court Case Information" means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. "Court Confidential Case Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. "Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. "Court Confidential Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. "DCA" shall mean the district courts of the state of Minnesota and their respective staff. e. "Policies & Notices" means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber's use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. 2 f. "Rules of Public Access" means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. g. "Court" shall mean the State of Minnesota, State Court Administrator's Office. h. "Subscriber" shall mean the Agency. i. "Subscriber Records" means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. c. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber's access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber's duties 3 required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber's access to the Court Records for personal or non-official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber's duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber's obligations under this Subscriber Amendment. c. To limit the use of and access to Court Confidential Information to Subscriber's bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber's bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber's bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 4 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. c. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks "MNCIS" and"Odyssey." d. Restrictions on Duplication,Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber's receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. 5 e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f. Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court's licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court's licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court's licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court's licensors, and DCA for reasonable attorneys fees incurred by the Court, Court's licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958. 6 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber's Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber's Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber's bona fide personnel or by means of Subscriber's equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber's logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber's failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. c. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber's bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the 7 BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten(10) days after notice of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT'S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber 8 hereunder shall be deemed to have been received when personally delivered in writing or seventy- two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. 9 1. SUBSCRIBER(AGENCY) 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Subscriber must attach written verification of authority to sign on behalf of and bind the entity, Name: such as an opinion of counsel or resolution. (PRINTED) Name: Signed: (PRINTED) Signed: Title: (with delegated authority) Title: Date: (with delegated authority) Date: 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: Name: Date: (PRINTED) Signed: 4. COURTS Authority granted to Bureau of Criminal Apprehension Title: (with delegated authority) Name: (PRINTED) Date: Signed: Title: (with authorized authority) Date: 10 COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment ("Subscriber Amendment") is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, ("BCA") and the City of Eden Prairie on behalf of its Prosecuting Attorney ("Agency"), and by and for the benefit of the State of Minnesota acting through its State Court Administrator's Office ("Court") who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 104485, of even or prior date, for Agency use of BCA systems and tools (referred to herein as "the CJDN Subscriber Agreement"). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. 1 a. "Authorized Court Data Services" means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA. b. "Court Data Services" means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. c. "Court Records" means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. "Court Case Information" means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. "Court Confidential Case Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. "Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. "Court Confidential Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. "DCA" shall mean the district courts of the state of Minnesota and their respective staff. e. "Policies & Notices" means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber's use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. 2 f. "Rules of Public Access" means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. g. "Court" shall mean the State of Minnesota, State Court Administrator's Office. h. "Subscriber" shall mean the Agency. i. "Subscriber Records" means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. c. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber's access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber's duties 3 required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber's access to the Court Records for personal or non-official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber's duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber's obligations under this Subscriber Amendment. c. To limit the use of and access to Court Confidential Information to Subscriber's bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber's bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber's bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 4 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. c. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks "MNCIS" and"Odyssey." d. Restrictions on Duplication,Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber's receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. 5 e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f. Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court's licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court's licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court's licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court's licensors, and DCA for reasonable attorneys fees incurred by the Court, Court's licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958. 6 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber's Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber's Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber's bona fide personnel or by means of Subscriber's equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber's logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber's failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. c. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber's bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the 7 BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten(10) days after notice of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT'S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber 8 hereunder shall be deemed to have been received when personally delivered in writing or seventy- two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. 9 1. SUBSCRIBER(AGENCY) 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Subscriber must attach written verification of authority to sign on behalf of and bind the entity, Name: such as an opinion of counsel or resolution. (PRINTED) Name: Signed: (PRINTED) Signed: Title: (with delegated authority) Title: Date: (with delegated authority) Date: 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: Name: Date: (PRINTED) Signed: 4. COURTS Authority granted to Bureau of Criminal Apprehension Title: Name: (with delegated authority) (PRINTED) Date: Signed: Title: (with authorized authority) Date: 10 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda January 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.L. Janet Jeremiah, Community Recommendations for Funding Social Services Development Director Providers for 2016/2017 Patricia Fenrick, Community Services Coordinator Requested Action Move to: Approve funding recommendations made by the Human Services Review Committee for social service providers for 2016 and 2017. Background The Human Services Review Committee comprised of staff from Police, Fire, Park&Rec, Community Services and Community Development made the funding recommendations listed below based on the review of written proposals, presentations,past performance by social service providers, and budget direction from the City Council. 2012-2013 2014-2015 2016-2017 2016-2017 Agency Program Funding Funding Request Recommendation PROP $62,000 $64,000 $84,530 $67,000 Teens Alone $26,000 $26,000 $26,000 $26,000 YMCA $50,000 $40,000 $50,000 $40,000 Meals on Wheels $18,800 $12,000 $20,000 $12,000 Senior Community Services $60,000 $62,000 $75,000 $63,000 Community Service Tech $49,262 $52,000 $54,000 $54,000 Family Center $28,000 $30,000 $32,000 $31,000 Homeline $10,000 $10,000 $13,112 $11,000 YMCA summer program at Briarhill $6,000* $16,598 $12,000 New American Academy $10,000 $ refused No request - SouthWest Transit $4,800 No request - - Kajoog $ refused No request Emerging Needs $1,138 $4,000 $4,000 $4,000 *YMCA summer program at Briarhill funded beginning in 2015. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda January 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.M. City Manager, Rick Getschow Amendment to the Joint Powers Agreement for the South Metro Public Safety Training Facility Requested Action Move to: Approve an amendment to the Joint Powers Agreement for the South Metro Public Safety Training Facility. Synopsis The Board of the South Metro Public Safety Training Facility Association has solicited bids for the construction of a training room addition to the Training Facility. The improvement will be funded by the owner agencies-the Cities of Edina, Bloomington, Eden Prairie, and the Metropolitan Airports Commission. An amendment to the Association's JPA is necessary for this project to be approved and move forward. Background The Board recently authorized approval of a construction contract for the facility improvements on behalf of the Association contingent upon the approval of the owner agencies. The bid for constructing the improvements is $709,000. The total cost including furnishings, soft costs and a contingency is estimated to be between$900,000 and$980,000. Each Owner agrees to pay a proportion of the costs in accordance with the Cost Sharing Formula that is based on the number of police officers and firefighters in each jurisdiction. The City of Eden Prairie's share of the capital cost of the expansion is estimated to be $243,204. The City of Edina will act as the fiscal agent for the Association during the construction of the Facility. The attached JPA amendment was drafted by the Edina City Attorney. Attachments • Amendment to the Joint Powers Agreement for the South Metro Public Safety Training Facility • 2016 CIP Project Census Report AMENDMENT TO JOINT POWERS AGREEMENT SOUTH METRO PUBLIC SAFETY TRAINING FACILITY THIS AMENDMENT is made January 5, 2016 between the City of Bloomington, a Minnesota municipal corporation("Bloomington"), the City of Eden Prairie, a Minnesota municipal corporation("Eden Prairie"), the City of Edina, a Minnesota municipal corporation ("Edina"), and the Metropolitan Airports Commission, a Minnesota public corporation ("MAC"). 1. Background. The Parties entered into a Joint Powers Agreement("JPA") for the South Metro Public Safety Training Facility dated September 4, 2001. That Agreement shall remain in full force and effect as amended by this Agreement. 2. Major Improvement Authorized. The Board has solicited bids for the construction of improvements to the Training Facility. The board is authorized to approve a construction contract for the improvements on behalf of the Association with the low bidder. 3. Payment of Costs of Construction and Equipping of Facility. The Bid for constructing the improvements is $709,000. The total cost including furnishings, soft costs and a contingency is estimated to be between $900,000 and$980,000. Each Member agrees to pay a proportion of the costs in accordance with the Cost Sharing Formula. Based upon an estimate of$980,000 the estimated cost share of each member is set forth in Exhibit A, attached hereto. 4. Fiscal Agent. The City of Edina will act as the fiscal agent for the Association during the construction of the Facility. Within 30 days of the date of this Agreement each Member shall transfer funds to the City of Edina to cover the initial costs of construction and equipping the Facility as set forth on Exhibit A. The funds will be deposited into an interest bearing escrow account and segregated from other funds maintained by the City of Edina. Any interest earned upon those funds shall be maintained for the benefit of the Association. At the conclusion of the project any unspent funds shall be returned to the Association. 5. Contracting Entity. The City of Edina will be the contracting entity and will use ordinary and prudent efforts to require that the Facility is constructed in compliance with approved plans and specifications and completed with reasonable promptness in accordance with the schedule prepared by the architect. The City of Edina shall appoint an employee to act on behalf of the Association as a construction coordinator during the construction of the Facility. The Board may authorize the construction coordinator to approve change orders as necessary during the construction of the Facility and may establish appropriate limitations upon the exercise of that authority. South Metro Public Safety Training Facility Amendment to Joint Powers Agreement-Page 1 184086v1 IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed by their duly authorized officers by authority of their respective governing bodies. Date: , 2015 CITY OF BLOOMINGTON By: Its: Mayor By: Its: City Manager South Metro Public Safety Training Facility Amendment to Joint Powers Agreement-Page 2 184086v1 IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed by their duly authorized officers by authority of their respective governing bodies. Date: , 2015 CITY OF EDEN PRAIRIE By: Its: Mayor By: Its: City Manager South Metro Public Safety Training Facility Amendment to Joint Powers Agreement-Page 3 184086v1 IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed by their duly authorized officers by authority of their respective governing bodies. Date: , 2015 CITY OF EDINA By: Its: Mayor By: Its: City Manager South Metro Public Safety Training Facility Amendment to Joint Powers Agreement-Page 4 184086v1 IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed by their duly authorized officers by authority of their respective governing bodies. Date: , 2015 METROPOLITAN AIRPORTS COMMISSION By: Its: By: Its: South Metro Public Safety Training Facility Amendment to Joint Powers Agreement-Page 5 184086v1 South Metro Public Safety Training Facility 2016 CIP Project Contributions FT Police PT Police Police FTEs* FT Fire POC Fire Fire FTEs* Police & Fire FTEs* Airport 83 I 24 I 95 95 Bloomington 111 I 0 I 111 3 I 120 I 63 174 Eden Prairie 66 I 0 I 66 9 I 87 I 52.5 118.5 Edina 52 I 0 I 52 31 I 14 I 38 90 * Full Time Equivalent (2 Part Time or 2 Paid On Call = 1 FTE) Total FTEs 477.5 JPA Member Fees Per Owner. Department Fees Per Dept. Quarterly Pmt. Airport $194,974 Police $194,974 $48,743 Bloomington $357,110 Police $227,812 $56,953 Fire $129,298 $32,324 Eden Prairie $243,204 Police $135,455 $33,864 Fire $107,749 $26,937 Edina $184,712 Police $106,723 $26,681 Fire $77,990 $19,498 TOTALS $980,000 $980,000 $245,000 **2016 Fees per FTE = $2,052.36 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.N. George Esbensen, Chief Approve lease contract with Fire Safety U.S.A. Fire Department thermal imaging cameras Requested Action Move to: Approve a 5-year lease contract with Fire Safety U.S.A. for eight thermal imaging cameras in the amount of$64,000. Synopsis This lease purchase will give the Fire Department the latest generation of thermal imaging cameras. These cameras will replace 10-year-old out-of-warranty cameras and will allow the department to move from three different models of cameras to one. Of three quotes received, Fire Safety U.S.A.'s quote for eight Bullard Eclipse LDX thermal imaging cameras was the low preferred bid. The cost for the cameras will be covered under the operations budget of the Fire Department. Background Thermal Imaging cameras are vital to fire ground operations. They assist with search and rescue, detection of hidden fires behind walls, as well as the ability to see in complete darkness and smoke filled rooms. Attachments Contract Standard Purchasing Contract This Contract (" Contract") is made on the day of , 2016 , between the City of Eden Prairie , Minnesota ( hereinafter "City") , whose business address is 8080 Mitchell Road , Eden Prairie , MN 55344 , and Fire Safety USA , Inc . , a Minnesota corporation ( hereinafter "Vendor") whose business address is 3253 19th Street NW, Rochester, MN 55901 . Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City . That policy requires that persons , firms or corporations providing such goods and/or services enter into written agreements with the City . The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for thermal image cameras hereinafter referred to as the "Work" . The City and Vendor agree as follows : 1 . Scope of Work. The Vendor agrees to provide , perform and complete all the provisions of the Work as follows : provision to the City of eight Bullard Eclipse LDX Thermal Image Cameras , each camera shall include (2 ) batteries , a Powerhouse Charger , Super Red Hot Colorization , Spot Temperature , Thermal Throttle , Retract Lanyard and Carefree Five Year Product and Battery Warranty . The five year warranty shall be provided by Vendor through Bullard ' s manufacturer' s warranty as set forth in Exhibit A attached hereto . Vendor shall be responsible ensuring all claims are addressed appropriately and for coordinating and assisting City with all warranty claims . If for any reason the warranty ceases to exist or fails to comply with the attached Exhibit A Vendor shall provide City with an alternate warranty with the same terms and conditions as set forth in Exhibit A either through Vendor or through another subcontractor. The terms of this Contract shall take precedence over any provisions of the Vendor's proposal and /or general conditions . 2 . Term of Contract . The Contract shall be for a five year lease term . The term shall begin upon receipt by the City of the eight cameras and all accessories listed in paragraph 1 above and shall expire five calendar years after that date . 3 . Compensation for Services. City agrees to pay the Vendor $ 12 , 800 . 00 annually for each year of the five year lease term . City shall make the first payment within thirty days of receipt of the cameras and all accessories listed in paragraph 1 above and shall make subsequent annual payments each year thereafter by January 30 for a total sum of $64 , 000 . 00 ( 8 cameras at $70 , 000 . 00 less trade in credit for 8 cameras of $6 , 000 . 00) as full and complete payment for the goods , labor, materials and/or services rendered pursuant to this Contract . 4 . Ownership and Return . The cameras and all accessories shall remain the property of the Vendor and shall be returned by City to Vendor within 30 days of expiration or termination of this Contract . If City fails to return any camera or accessory City shall be responsible for payment for the lost or destroyed cameras and/or accessories at the then depreciated value . 5 . Standard of Care. Vendor shall exercise the same degree of care , skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County , Minnesota . 6 . Insurance. a . General Liability . Vendor shall maintain a general liability insurance policy with limits of at least $ 1 , 500 , 000 . 00 for each person , and each occurrence , for both personal injury and property damage . Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City . b . Worker' s Compensation . Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker' s Compensation Acts and from claims for bodily injury , death , or property damage which may arise from the performance of Vendor' s services under this Contract . 7 . Indemnification . Vendor will defend and indemnify City , its officers , agents , and employees and hold them harmless from and against all judgments , claims , damages , costs and expenses , including a reasonable amount as and for its attorney' s fees paid , incurred or for which it may be liable resulting from any breach of this Contract by Vendor , its agents , contractors and employees , or any negligent or intentional act or omission performed , taken or not performed or taken by Vendor, its agents , contractors and employees , relative to this Contract . City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City , its officers , agents or employees . 8 . Termination . This Contract may be terminated by City at any time for any reason by thirty (30) days' written notice to Vendor at the address written above . Upon termination under this provision if there is no fault of the Vendor, the Vendor may retain the annual payment for the year in which termination occurs but no future annual payments shall be made . If there is fault of the Vendor , Vendor shall refund to City a pro - rata portion of the annual lease payment to the day of termination . 9 . Independent Contractor . At all times and for all purposes herein , the Vendor is an independent contractor and not an employee of the City . No statement herein shall be construed so as to find the Vendor an employee of the City . 10 . Non - Discrimination . During the performance of this Contract , the Vendor shall not discriminate against any employee or applicants for employment because of race , color, creed , religion , national origin , sex , marital status , status with regard to public assistance , disability , or age . The Vendor shall post in places available to employees and applicants for employment , notices setting forth the provision of this non -discrimination clause and stating that all qualified applicants will receive consideration for employment . The Vendor 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 . Subcontract or Assignment . Vendor shall not subcontract any part of the services to be provided under this Contract ; nor may Vendor assign this Contract , or any interest arising herein , without the prior written consent of the City . 12 . Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in this Contract shall be honored by the City . 13 . Compliance with Laws and Regulations . Vendor is responsible for knowing of and abiding by all statutes , ordinances , rules and regulations pertaining to the type of services provided pursuant to this Contract . Standard Purchasing Contract 2014 .01 Page 2 of 5 14 . Audits and Data Practices . The books , records , documents , and accounting procedures and practices of the Vendor or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this contract . This Contract 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 Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity . All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language . 15 . Conflicts . No salaried officer or employee of the City and no member of the Council , or Commission , or Board of the City shall have a financial interest , direct or indirect , in this contract . The violation of this provision renders the contract void . Any federal regulations and applicable state statutes shall not be violated . 16 . Damages . In the event of a breach of this Contract by the City , Vendor shall not be entitled to recover punitive , special or consequential damages or damages for loss of business . 17 . Governing Law. This Contract shall be controlled by the laws of the State of Minnesota . 18 . Severability. The provisions of this Contract 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 . 19 . Entire Agreement. The entire agreement of the parties is contained herein . This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations , amendments , deletions , or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties , unless otherwise provided herein . Executed as of the day and year first written above . Standard Purchasing Contract 2014 . 01 Page 3 of 5 CITY OF EDEN PRAIRIE Mayor 1111 City Manager 1. ii 0. 1. Standard Purchasing Contract 2014 . 01 Page 4 of 5 FIRE SAFETY USA , INC . By : Its : 0. 4. 1 . iii Standard Purchasing Contract 2014 . 01 Page 5 of 5 /((giilullard® Bullard ECLLDX Thermal Imager User Manual Care Instructions 0 NOTE The Bullard Eclipse LDX Thermal Imager requires little maintenance.For best results,after Do not attempt to disassemble the sealed case of your Bullard Thermal Imager. each use: If the unit is not functioning properly,return it to Bullard(as described in the • Clean the outside of the unit with mild soap or detergent. Service section)for evaluation.Disassembling the unit voids all warranties. • Remove battery and thoroughly clean and dry battery compartment Decontaminate and clean yourThermal Imager to remove any hazardous or contaminated • Wipe the lens with a soft cloth. materials that may have settled on the product during use.Laws and/or shipping regulations • Clean the display with a soft cloth. prohibit the shipment of hazardous or contaminated materials.Products suspected of Check screw tightness on cover display. contamination will be professionally decontaminated at the customer's expense.Returned • products will be inspected upon return to the Bullard facility.If the repair is under warranty, • Store your thermal imager in the optional truck mount or in the delivery case provided. Bullard will repair the unit and ship it from our factory within 48 business hours. • Maintain your thermal imagers using a proper program Cleaning the Lens Warranty The Bullard Eclipse LDX lens is recessed in an impact resistant bezel.The lens can be cleaned Bullard warrants to the original purchaser that this new Bullard Eclipse LDX Thermal with a soft cloth and soapy water as required. Imager and all features/accessories installed in the unit are free of defects in materials and workmanship under intended use and service for a period of five(5)years from date Replacing the Video Display Cover of activation.This warranty applies to new Bullard Thermal Imagers only.Units sold as Window refurbished,upgraded,or otherwise not newly manufactured by Bullard are excluded from The display cover(Figure 6)has a scratch-resistant hard this warranty.Bullard's obligation under this warranty is limited to repairing or replacing, coating to minimize marring.However,if heavy scratching or at Bullard's option,articles that are returned within the warranty period and that,after gouging does occur,the cover window can be replaced.To do examination,are shown to Bullard's satisfaction to be defective,subject to the following this,remove the four Phillips head screws along the sides of the limitations: window.Remove the plastic display cover window and replace with a new Figure 6 a)Article must be returned to Bullard with shipping charges prepaid. one(part number:ECLLDWINDOW).Do not over-tighten. b)Article must not be altered from its original configuration. CAUTION c)Article must not have been misused,abused,or damaged in transport. The Eclipse LDXThermal Imager is extremely sensitive to intense,radiant heat sources. d)Maintenance and field replaceable items,if defective,are covered under warranty for a Never point the unit at the sun or any other source of extreme radiant heat,as this could ninety(90)day period from the date of purchase.These items include: severely damage the thermal imager. • Batteries Do not use solvents or paint thinners to clean your Bullard Eclipse LDXThermal Imager, • Straps as they could permanently mar the surface or degrade the protective properties of the • Display covers casing. • AC/DC adapters Do not intentionally submerge the unit underwater or subject the unit to high-pressure Bullard provides a limited lifetime warranty on the Eclipse LDX outer shell.This warrants water. that the outer shell is free of defects in materials and workmanship under intended use Do not attempt to disassemble the Bullard Eclipse LDXThermal Imager.Disassembling the and service for the original purchaser.Bullard's obligation under this warranty is limited unit voids all warranties. to repairing or replacing,at Bullard's option,articles that after examination are shown to Failure to observe these instructions may result in product damage.Any damage caused Bullard's satisfaction to be defective,subject to the following limitations: by improper care is not covered under warranty. 1.Article must not be altered from its original configuration. A WARNING 2.Article must not have been misused,abused,or damaged in transport. 3.When the outer shell is obsolete and Bullard no longer stocks the part,the limited Thermal imaging is not a technology designed to replace current firefighting tactics. lifetime warranty will be terminated. Rather, it is a tool that allows firefighters to be more effective and to make better decisions. In no event shall Bullard be responsible for damages,loss of use,or other indirect, incidental,consequential or special costs,expenses or damages incurred by the purchaser, Service notwithstanding that Bullard has been advised of the possibility of such damages. If your BullardThermal Imager is not performing properly,please contact Bullard Customer Any implied warranties,including warranties of merchantability and fitness for Service at 877-BULLARD(285-5273).Outside the US&Canada,call 1-859-234-6611.Describe a particular purpose,are limited in duration to five(5)years from the date of the problem to the Bullard representative as completely as possible.For your convenience, manufacture.Some states do not allow the exclusion or limitation of incidental or your representative will try to help you diagnose or correct the problem over the phone. consequential damages,or allow limitations on how long an implied warranty lasts,so the Before returning your Bullard thermal imager,you should verify with your representative that above limitations or exclusions may not apply to you.This warranty gives you specific legal the product should be returned to Bullard.Bullard Customer Service will provide you with rights,and you may have other rights which vary from state to state. written permission and a return authorization number. CareFree®Warranty If the return is a non-warranty repair,a Bullard Customer Service Representative or your local distributor will provide you with a repair invoice estimate.To authorize repair,you must The optional CareFree warranty covers all battery replacements for five years from the provide a purchase order to your distributor for the amount of the estimate.Once Bullard original factory shipment date.The CareFree warranty can be purchased up to one year from receives authorization from your local distributor,we will issue you a return authorization the original thermal imager shipment date. number so that you can return the unit to Bullard.Bullard will repair the unit and ship it from our factory within 48 business hours.If the cost of repairs exceeds the stated quote by more than 1595 or by more than$100,a Bullard representative will reestimate your repair and your local distributor will contact you for authorization to complete repairs.After repairs are completed and the goods have been returned to you,your distributor will invoice you for the actual repair amount. www.bullard.com 3 Bullard CareFree® Page 1 of 1 CARE ;; ---' Y Bullard CareFree® Warranty �a a FREE Bullard warrants to the original purchaser that the following articles are free of defects in materials and workmanship under intended use and service for a period of five years from date of manufacture of the thermal imager. ▪ Thermal Imager and all features/accessories installed in the unit ▪ Specially marked CareFree batteries(up to two per thermal imager)* * note:for Bullard CareFree Battery Program,only the specially marked CareFree batteries are covered. Bullard's obligation under this warranty is limited to repairing or replacing,at Bullard's option,articles that are returned within the warranty period and that,after examination,are shown to Bullard's satisfaction to be defective. Bullard may be able to determine article defectiveness by other means and in such cases may not require return of items for examination.This obligation is subject to the following limitations: A. Article must not be altered from its original configuration. B. Article must not have been misused,abused,or damaged in transport. C. Maintenance and field replaceable articles,if defective,are covered under warranty for a ninety-day period.These articles include: • Field replaceable parts • All electrical cables and associated peripherals • All other supplied parts and accessories except those covered by separate warranty terms As part of the CareFree warranty, Bullard will pay all inbound and outbound shipping costs for transport of articles,within the Continental U.S.,to and from a Bullard Service Center (customer pays for shipping costs beyond Continental U.S). Bullard is not responsible for any other logistical costs,including but not limited to,taxes,duties,importation and exportation fees,customs fees,and freight forwarding expenses. Bullard,at any time,may elect to terminate this warranty. In such a case, Bullard will refund the pro-rated charge equal to the percentage of warranty remaining on the CareFree program multiplied by the price paid by the purchaser for the CareFree warranty. The CareFree warranty is a supplement to the standard Bullard warranty. Items not mentioned in the CareFree warranty may be covered separately in the standard warranty. If the standard thermal imager warranty already covers the product for five years,CareFree terms only apply to the battery replacements. http://www.bullard.com/CareFree/terms.php 1/5/2016 CITY COUNCIL AGENDA DATE: January 5, 2016 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Development/Planning Southwest Station Parking Ramp Janet Jeremiah/Julie Klima Requested Action Move to: • Close the Public Hearing; and • Direct Staff to continue working with the SW LRT Project Office to refine plans for the proposed parking ramp and site improvements in accordance with staff, Planning Commission and City Council comments. Synopsis The proposed project is for the removal of two existing buildings, construction of a parking ramp addition, construction of a new indoor waiting area, and other site changes associated with the proposed Southwest Light Rail Transit(SWLRT) Green Line Extension by the Metropolitan Council. The Metropolitan Council is granted regional authority powers through Minnesota state statute. Regional authority supersedes decisions and actions of local governments and as such, the Metropolitan Council is not required to gain local approval for regional projects. In this case, as a part of the partnership between the SWLRT project office and the City of Eden Prairie, the SWLRT project office has agreed to participate in the public process in order to provide the opportunity for local review and comment on the proposed parking ramp addition and other changes at Southwest Station. The SWLRT project includes a LRT station at Southwest Station. As a part of the LRT station improvements, a parking ramp accommodating approximately 450 vehicles is proposed for construction adjacent and connected immediately west of the existing parking ramp. The SWLRT project has received municipal consent from the cities along the proposed line, as well as, Hennepin County. The civil design for the project plans have been completed to the 60% level and are now nearly 75% complete. Civil design plans at 90% completeness are expected in early 2016 with the project likely going out to bid in early Spring 2016. The overall budget for this project is fixed and therefore any changes to the proposed parking ramp design resulting in increased costs would likely require reallocation of resources from other areas of the project. Similar to the existing parking ramp, the proposed parking ramp is 5 stories in height. The proposed design allows for connectivity between the existing and proposed ramps. A new vehicle access would be created on the west end of the new structure with a speed ramp to get up to the connected level. This new full west access also necessitates removal of a median in Technology Drive. The proposed site changes will impact the existing pavers and benches at the west entrance as well as the existing outdoor SWT plaza. Due to maintenance concerns, reuse of pavers are proposed to be limited to areas the City would maintain along Technology Drive. New benches and bike racks near drop off areas will be provided as part of the project and City funded improvements. Opportunities to fund public art are also being explored. The ground floor of the new ramp is proposed to include the station platform for the LRT station and the bus station for SouthWest Transit, as well as, drop off areas for both transit options. In order to accommodate the parking ramp expansion and drop off, it is necessary to remove both the existing Culver's building and the existing SouthWest Transit(SWT) office building and indoor waiting area. An expanded indoor waiting area is proposed to accommodate both LRT and bus passengers near the station platform on the north side of the new ramp. It is anticipated that the SWT office will be relocated to their Chanhassen facility at Highways 212/101 and Culvers will receive fair market value and relocation benefits to find a new site if desired. Metro Transit signage will be added to the existing SWT signage to identify the LRT station, which will share the name SouthWest Station. The existing monument sign near the intersection of Technology and Prairie Center Drive will also likely be impacted and need to be moved or replaced. Wayfinding signage will also be added at key vehicular and pedestrian/bicycle decision points. Sign waivers will be addressed as part of the PUD amendments as necessary. Staff has been working with the SWLRT project office to enhance the site design with certain City funded local improvements and to address the size, scale, and architecture of the proposed parking ramp. The proposed elevations incorporate design elements intended to provide a certain level of continuity between the existing and proposed structure while also providing differentiation between the two structures, since it will be impossible to duplicate the existing ramp within budget, since the existing ramp includes copper panels and substantial brick and other aesthetic features. The proposed structure includes an enclosed stairwell consisting of brick and glass and provides a metal screening material on the facades of the parking structure. The screening material provides a range of perforations that would allow varying levels of light to filter through the parking structure. Additionally, the screening is proposed to be installed in a variable pattern in order to provide for variety of visual impact. Planning Commission Recommendation and Comments The Planning Commission was asked to provide input regarding the architecture and visual impact of the proposed parking structure and other site design elements. The Planning Commission voted 6-0 to recommend approval of the project with considerations of comments provided by the Planning Commission and staff at the December 7, 2015 meeting based on plans dated December 7, 2015. The Planning Commission comments included: 1. Consideration should be given to placing signage at entrance points to the parking ramp and removing signage from non-entrance points. 2. Consideration should be given to randomizing the pattern of perforations of the screening material for visual impact and coordinating the perforations of the screening material on the parking ramp in a manner which would minimize or prevent headlight wash from spilling outside of the parking ramp. 3. Measures should be taken to maintain the copper appearance and minimize discoloration of the copper materials. 4. Measures should be taken to provide for an appropriate treatment of the new metal used to promote visual continuity with the existing structure over time. 5. Incorporating vertical elements to the proposed parking ramp to break up the roofline and integrate design with the existing ramp. 6. The Commission responded favorably to the treatment of the corners of the parking structure with the curvature of the screening materials. 7. The Commission suggested continued attention be provided to color selection, specifically on the vertical columns of the parking structure. The suggestion of using a warmer color rather than a bright white was provided. 8. Encouraged that the brick used on the proposed parking structure should match the brick on the existing parking structure. 9. Suggested that design of the stairwell be considered in order to prevent headlight wash from impacting the adjacent residential units. 10. Suggested the reuse of copper on the stairwell feature from the buildings that are proposed for removal from the site, in order to provide consistency in design between the parking structures. Attachments 1. Planning Commission Staff Report 2. Location Map 3. Guide Plan Map 4. Zoning Map 5. Aerial photo 6. Planning Commission Power Point Presentation STAFF REPORT TO: Planning Commission FROM: Julie Klima, City Planner DATE: December 4, 2015 PROJECT: Southwest Station Parking Ramp LOCATION: 13512 Technology Drive APPLICANT: Metropolitan Council OWNERS: Southwest Transit 120 DAY REVIEW: NA REQUEST: 1. Planned Unit Development District Amendment with waivers on 11.38 acres 2. Zoning District Amendment within the Commercial Regional Services Zoning District on 11.38 acres 3. Site Plan Review on 11.38 acres BACKGROUND The Comprehensive Guide Plan shows the 11.38 acres for Regional Commercial land use. Surrounding land uses are guided Regional Commercial, Office, Park/Open Space and High Density Residential. The property is zoned Commercial Regional Service. The proposed project is for the removal of two existing buildings, construction of a parking ramp addition, construction of a new indoor waiting area, and other site changes associated with the proposed Southwest Light Rail Transit(SWLRT) Green Line Extension by the Metropolitan Council. The Metropolitan Council is granted regional authority powers through Minnesota state statute. Regional authority supersedes decisions and actions of local governments and as such, the Metropolitan Council is not required to gain local approval for regional projects. In this case, as a part of the partnership between the SWLRT project office and the City of Eden Prairie, the SWLRT project office has agreed to participate in the public process in order to provide the opportunity for local review and comment on the proposed parking ramp addition and other changes at Southwest Station. Due to the federal review process timeline providing limited opportunity for the City to influence the final design, the Planning Commission review must be completed in December with City Council review scheduled for January 5, 2016. Please see the attached draft plans provided by the SWLRT project office. The SWLRT project office is continuing to refine details and will have updated materials to share at the Planning Commission meeting on December 7. Staff Report—Southwest Station Parking Ramp December 4, 2015 Page 2 SITE PLAN The SWLRT project includes a LRT station at Southwest Station. As a part of the LRT station improvements, a parking ramp accommodating approximately 450 vehicles is proposed for construction adjacent and connected immediately west of the existing parking ramp. The SWLRT project has received municipal consent from the cities along the proposed line, as well as, Hennepin County. The civil design for the project plans have been completed to the 60% level and are now nearly 75% complete. Civil design plans at 90% completeness are expected in early 2016 with the project likely going out to bid in early Spring 2016. The overall budget for this project is fixed and therefore any changes to the proposed parking ramp design resulting in increased costs would likely require reallocation of resources from other areas of the project. Similar to the existing parking ramp, the proposed parking ramp is 5 stories in height. The proposed design allows for connectivity between the existing and proposed ramps. A new vehicle access would be created on the west end of the new structure with a speed ramp to get up to the connected level. This new full west access also necessitates removal of a median in Technology Drive. The proposed site changes will impact the existing pavers and benches at the west entrance as well as the existing outdoor SWT plaza. Due to maintenance concerns, reuse of pavers are proposed to be limited to areas the City would maintain along Technology Drive. New benches and bike racks near drop off areas will be provided as part of the project and City funded improvements. Opportunities to fund public art are also being explored. The ground floor of the new ramp is proposed to include the station platform for the LRT station and the bus station for SouthWest Transit, as well as, drop off areas for both transit options. In order to accommodate the parking ramp expansion and drop off, it is necessary to remove both the existing Culver's building and the existing SouthWest Transit(SWT) office building and indoor waiting area. An expanded indoor waiting area is proposed to accommodate both LRT and bus passengers near the station platform on the north side of the new ramp. It is anticipated that the SWT office will be relocated to their Chanhassen facility at Highways 212/101 and Culvers will receive fair market value and relocation benefits to find a new site if desired. Metro Transit signage will be added to the existing SWT signage to identify the LRT station, which will share the name SouthWest Station. The existing monument sign near the intersection of Technology and Prairie Center Drive will also likely be impacted and need to be moved or replaced. Wayfinding signage will also be added at key vehicular and pedestrian/bicycle decision points. Sign waivers will be addressed as part of the PUD amendments as necessary. Staff has been working with the SWLRT project office to enhance the site design with certain City funded local improvements and to address the size, scale, and architecture of the proposed parking ramp. The proposed elevations incorporate design elements intended to provide a certain level of continuity between the existing and proposed structure while also providing differentiation between the two structures, since it will be impossible to duplicate the existing Staff Report—Southwest Station Parking Ramp December 4, 2015 Page 3 ramp within budget, since the existing ramp includes copper panels and substantial brick and other aesthetic features. The proposed structure includes an enclosed stairwell consisting of brick and glass and provides a metal screening material on the facades of the parking structure. The screening material provides a range of perforations that would allow varying levels of light to filter through the parking structure. Additionally, the screening is proposed to be installed in a variable pattern in order to provide for variety of visual impact. STAFF RECOMMENDATIONS Staff and SWLRT project office are seeking input from the Commission regarding the architecture and visual impact of the proposed parking structure, as well as, input regarding other proposed site design elements. The Commission is asked to provide it recommendations regarding the proposed architecture and materials associated with the proposed parking ramp and site design elements which may include proposed conditions to be addressed or additional information to be provided prior to City Council's scheduled review of this item at its January 5, 2016 Council meeting. Recommend approval of the following request with consideration of comments provided by the Planning Commission and staff: 1. Planned Unit Development District Amendment with waivers on 11.38 acres 2. Zoning District Amendment within the Commercial Regional Services Zoning District on 11.38 acres 3. Site Plan Review on 11.38 acres This is based on plans stamp dated December 4, 2015. Area Location Map-- Southwest Station Parking Ramp Expansion Address: 13500 and 13550 Technology Drive U Technology Drive u pLP'O' !I HWY 212 \* TECH OLOGY DR Prairie Center Drive * / _./., 4 \\\\ .A 4r, 1 ._ iiiii � \ N - SITE NN Technology Drive N 0\ /I1 0 300 600 1,200 Feet \ II ❑ 0 IIIIIIIII Guide Plan Map - Southwest Station PUD Amendment 13500 and 13550 Technology Drive, Eden Prairie, MN 55344 -TT--ANAL \ -.IF or wir 111 iill . ‘ K_____... _ Prairie Center Drive .111\ ♦ A, ,, Mg_.- OR i ��c 40 iC' Technology Drive 'S" I City of Eden Prairie Land Use Guide Plan Map 2000-2030 Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre nip Community Commercial Streams 17.7 Low Density/Public/Open Space - Regional Commercial -Principal Arterial -A Minor Arterial - Medium Density residential 2.5-10 Units/Acre ®Town Center '•i . $ +;. ,i -B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 nMedium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05 DATE Revised 06-01-07 EDEN I High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 Minor Collect or DATE Revised 03-23-06 DATE Revised 03-01-08 nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y// Office/Industrial Open Water reiFIIEIVE•WORK•DHEAM f� Office/Public/Open Space Right-Of-Way 550 275 :e:0ogamm�Me moe.m_o.„®o o..o.a, o ..o.. 550 Feet - Industrial Zoning Map - Southwest Station PUD Amendment 13500 and 13550 Technology Drive Eden Prairie, MN 55344 Prairie Center Drive SITE N Technology Drive City of Eden Prairie Zoning Map Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) . 1 1 f t R1-9.5 One Family-9,500 sf min. _Industrial Park-2 Acre Min, ® 100- Year Fioodplain RM-6.5 Multi-Family-6.7 U.P.A.max. I Industrial Park-5Acre Min. RM-2.5 Multi-Family-17.4 U.P.A.max. -General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 EDE Office AI Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE iIF t Neighborhood Commercial n Golf Course Date:March 1,2009 Community Commercial Water In case of discrepancy related to a toning classitmaaon on this zoning map,the Ordinance tIVE•W0BIC•tlfi EI1M and attached legal description on file at Eden Paine Ciry Center will prevail. Highway Commercial I Right of Way Regional Service Commercial 0 0,075 0.15 Miles Aerial Map- Southwest Station PUD Amendment Address: 13500 and 13550 Technology Drive, Eden Prairie, MN - " 1 ; ; .- ' I 0, i Ai We,/ ': ,- I : -,- .1"r•• r.i'-' -^ i vogirt Ireio _ •• , „,...-..-.. , — r• :••-,,),t,k-', ' . ' SITE ` % Prairie Center Drive ....../ .„ r a, . . - .:1-- ,. fi' rl^ ` Ns +• .. ‘0, . \ ,\ " - .0,- , \ • ,,,,,- ,- - .,t iikoo\ - .,I= ' ■ .� I -- \ .TW all k f �` ..1i1 - irk ..,a • •„ _ - - 1. ; , ,. Technology Drive n. "� ;; °- .r ,Y. ate, r'. "4 g fit'`, f r N _� 1- . 0 250 500 1,100 Feet - • SOUTHWEST43 Green Line LRT Extension SouthWest Station Eden Prairie Planning Commission December 7, 2015 TirtnsiP (p) H MTransit f42,k F TA Improvement M£a RO OLITANL of EDEN PRAIRIE MINNETONKA EDINA HOPKINS I ST. LOUIS PARK I MINNEAPOLIS Today's Topics Overall SWLRT Project TIC J KET s SouthWest Station Design Existing site and structure Proposed site design `i jill Proposed landscape design Proposed station design rt., II A f 1 k " 'PL r 4I,p. ! tri ,-_ __ ' 4 16 -' , —AK VIfriol . k ' r ' *``-'1411.--"ffm """-----4ew•r iiii _, r 4; EDEN PRAIRIE I MINNETONKA I EDINA I HOPKINS I ST.LOUIS PARK I MINNEAPOLIS I SOUTHWEST n Green Line LFT Extension Overall SWLRT Project 4; EDEN PRAIRIE I MINNETONKA I ED I A I HOPKINS I ST.LOUIS PARK I MINNEAPOLIS SOUTHWEST Green Line LftT Extension Overall SWLRT Project 4 Royalston Station Existing Van White Station . Target Field ® 4 /mil Station -1 711, Penn Station 21 st Street Station ST. LOUIS PARK G Beltline Station w�� �� West Lake Station Za '' Louisiana Station~ • i111. �HOPKINS ow } y Wooddale Station t MINNEAPOLIS Blake Station ! Shady Oak Station - — - --- ---- --- - ,--___� ! Downtown Hopkins Station t , I EDINA MINNETONKA * Opus Station i 0 _ 1, City West Station 0 1 2 N EDEN PRAIRIElip . Miles A SouthWest Station ® Golden Triangle Station - LRT Route LRT Station Southwe> tation Ish- • 0 LRT Station (deferred) 0 - i �- • Operations and Maintenance Facility site Eden Prairie Town Center Station EDEN PRAIRIE I MINNETONKA I EDINA I HOPKINS , ST.LOUIS PARK I MINNEAPOLIS SOUTHWEST 4; Green Line LRT Extension Major Project Milestones Element Timeframe Complete 90% Civil Design Winter 2016 Complete 100% Civil Design Spring 2016 Final EIS Spring 2016 Record of Decision Summer 2016 Heavy Construction 2017-2019 Revenue Service 2020 E DEN PRAIRIE I MINNETONKA I EDINA I HOPKINS I ST.LOUIS PARK I MINNEAPOLIS SOUTHWEST4; 5 Green Line LftT Extension SouthWest Station Design EDEN PRAIRIE I MINNETONKA I EDrNA I HOPKINS I ST.LOUIS PARK I MINNEAPOLIS SOUTHWEST4; Green Line LWI Extension Existing Site _ .r �_ ..._, ., • .,. . fi .o r- m - a n a VI re rli _ �O C, . 4 Existing #! !fllfi �' t } , ,t ... , r. Structure v ' - - ,. "', -di" 1 -Tr,: •,,,' _ 0/ _,y.. -hi 0 `. . �� ..ma's o�•' � ��� 4 f • 4 -,' - : , . . _ , ..,,..,_.: y i 4; EDEN PRAIRIE I MINNETONKA I EDNNA I HOPKINS I ST.LOUIS PARK I MINNEAPOLIS - SOUTH V V EST Green Line LFT Extension Existing Structure • " , i . ... ... IF .. .. \ilk% • . . 112.i.,g„ - -....- ! ..;;;Im=4 i '71/4: ,_. X... r. 'plum" ATM 111 - I . I .I. 4;11j- •• M.-le — - .. ..0.-- ._ - - -� _• __ • I. — 4; EDEN PRAIRIE I MINNETONKA I EDINA I HOPKINS I ST.LOUIS PARK I MINNEAPDLIS SOUTHWEST $ Green Line LftT Extension Proposed Site Plan BUS DROP OFF .��;.__ �, �AITINIG WAITI AREA �� _�__� L TRTLRE EXPANSIDN - '. 1 5--,—F� 2 i 5 H--ram r , f• 1 - — / EXISTING STRUCTURE F—_ — _Plh:FORM _ _ _ _ — • -- DROP OFF 1,O`GCy • ' STORAGE-- • m z • 5 M . ,,,., re, c e e ., 5 ` ( '4�' - Qu\a• e — \ , +1 1 1 5 + 1 1 5 F. / 1 1+ 1 `1/ I 1 `1 .! 11 1 1 ! I 1 • r. 5 1�. / 1 1 5 1 i p _ 14; EDEN PRAIRIE I MINNETONKA I EDINA I HOPKINS , ST.LOUIS PARK I MINNEAPDLIS SOUTH V V EST 9 Green Line LIT Extension Proposed Landscape Plan (base project) , t _______ T- . ii, . . . • . ..... , , ... , , . _..., ,..,, ,----- - - - _ I % �� / BRIDGE <. = INDOOR WAITING �✓BUS DROP-OFF AREA `T'� .� —r ---- - -- TICKET VDING i ° MACHINESEN a' 1 I • y - EXISTING SOUTHWEST BICYCLE PARKING PARKING STURCTURE ii' �\ � ' _ AND FIX-IT STATION • ;, -�1 �� . ..,0,- .: , , .. 4r — roil ce,JH . _ ,_ _ V s� PASSENGER DROP-OEL II � Ic 1/;01 yzz '471i ;� e ®� CONCRETE TYPE A, _ - a.�, TYPICAL 3 • -✓ PLANTING AREA, CONCRETE TYPE B,TYPICAL 7. TYPICAL NATIVE SEED MIX,TYPICAL `\44' `�: :$\. .s� — — —— —J __BICYCLE PARKING ` EXISTING TREES T• f _ REMAIN,TYPICAL __ ORNAMENTAL TREE, "' ` i- I I f - --I TYPICAL I I-- `� 1 OVERSTORY TREE, 'I - - - ,SOD,TYPICAL ( TYPICAL _ - L r—- — - STORMWATE R AREA, I TYPICAL /� �'' „ '.,,,, TRAIL ` �� AV .., - 4; EDEN PRAIRIE I MINNE-I`ONKA I EDINA I HOPKINS I ST.LOUIS PARK I MINNEAPOLIS SOUTHWEST 10 Green Line LFiT Extension Proposed Landscape Plan ( LRCI) Enhanced _ _ Landscap-e It _ : . Areas , ..). 1 '1 , BRIDGE INDOOR WAITING BUS DROP-OFF AREA J/ - '�—u - - -- .- - -�- /r/ TICKET VENDING- -- .� ��, MACHINES it lop • it � -��- !i� i - 'i ✓" -- ,,�-BICYCLE PARKING EXISTING SOUTHWEST PARKING STURCTURE X�,� - .-- -�]I AND FIX-IT STATION �\ �� �. rii.':'• ..�°`` _ � `gip- - ���, ifi " PASSENGER DROP-OFFEillPF a' '�,:�: _ _ -_ t� � ���� CONCRETE TYPE A, s a TYPICAL CONCRETE TYPE B,TYPICAL __ „' 1 ___— 'y PLANTING AREA, - IliArS Di TYPICAL NATIVE SEED MIX,TYPICAL n BICYCLE PARKING -11 EXISTING TREES TO i- ,0 _'- ♦♦''t.. , I _ 1 REMAIN,TYPICAL -_ ORNAMENTAL TYP CAL p�l I'1- j�J f ' ]` _ I OVERSTORY TREE, - - - - SOD,TYPICAL -�1.41111.t /,f f' I TYPICAL 1 1, — — — - STORMWATER AREA, 7 mg , J TYPICAL / - "--� • TRAIL 4; EIDEN PRAIRIE I MINNETONKA I EDINA I HOPKINS , ST.LOUIS PARK I MINNEAPOLIS SOUTHWEST 11 Green Line LITT Extension Proposed Station : Ground PlLri _, r an ......, ,,-, _ _ ....-N.'..-N"....''4 I I Ill III.N.Ill BUS DROP OFF BUS WAITING AREA WAITING T GM c L Li �L L L i_ - - LA_ J 7 PLATFORM - -- ` 411 — -- ----F �_ 1t PLATFORM I L L U U U 7 COMM. i CLOSET ,L- Piri DROP OFF . ir,t STRUCTURE EXPANSION STORAGE C.. ii, / .�. ICI 4; EDEN PRAIRIE I MINNETONKA I EDINA I HOPKINS , ST.LOUIS PARK I MINNEAPOLIS SOUTHWEST 12 Green Line LftT Extension Proposed Station : Upper Level Plan / ,,,,,, , , i ,„ ,./ , / ,,„ BITS DROP OFF \ - 1 / / - - I r- 1-: '1 1-1- --- - -r7 - -FI-• - +-1- ----1-I rr ❑. _.._ I 1 - STRUCTURE EXPANSION /V I O �F I -ii I-I - I-I i I. - p__ -. 1- C I- r i 1-/ / 4; EDEN PRAIRIE I MINNETONKA I EDINA I HOPKINS , ST.LOUIS PARK I MINNEAPOLIS SOUTHWEST 13 Green Line LAT Extension Proposed Station : From Technology Drive .. .. ...... !ii% . mimpli. :„,,,,,,, qy 1-7 :T.,,,: „ i .f � 7 ,,:':.:..s,i,,,...,_....i...1..:!,, 4 � G { �. • Ifice' FINEW al-. • _- - ?Y' ,a `t• •r - ... .. - ___ d.f! L i fv . • - T y'1Y •1 A _ Y ~ _ 1 - - r -- 4; EDEN PRAIRIE I MINNETONKA I EDINA I HOPKINS , ST.LOUIS PARK I MINNEAPOLIS SOUTHWEST 14 Green Line LftT Extension Proposed Station •. From 212 Off- Ramp 0 • .-‘4,,,.: . , •. . , . . , . '- •:'''.'- 4,--.4, N -' A.,-.-I. 7'.-,,.;<-:•.r'4. fr — -- 1———— —-E14 ..1 Jort II .m.....,_ m- ,111.1.11.,.. - -.4-.., ----- 1 •4-.;, . „ -,', . - .., -- • - - ......„ ...--- ....-r— 1 _ • . ,,, Nberd ,,..- .3., ,, - ,.. 4 # •,-,'" 4 — —-' ---; .____„•.._..,___, _ . . _ • • EDEN PRAIRIE I MINNETONKA I EDINA I HOPKINS I ST.LOUIS PARK I MINNEAPOLIS SOUTHWEST4; 15 Green Line LFiT Extension Proposed Station : From Technology Drive ti'..; A- •__:• +T'LLI �r f ���- Jam...4i^y. 14e _. ''' -....e ,4101tie- ,...*1...".r::: Iv: 0.4.." teir i et" ... ti, e,, �i.4 i.t[ -Y .ram • r, , . 111 SO Et ST T10 { it �a.40 44 - I ii Y I 7r-;✓1''- :�, ` - 1 .i-+rpm -04., r ..i. T _ } `-, ag ► IIIII. _- rYii: .$' r i , I 1 SauniAcsa Siario. r'4 ' e.1, '— .. ;.,:,-... ", - v �t I !'� J .t - - Jr - �.e..�'�".yip t0 .. i ; ate. 4; EDEN PRAIRIE I MINNETONKA I EDINA I HOPKINS , ST.LOUIS PARK I MINNEAPOLIS SOUTHWEST 16 Green Line LftT Extension Proposed Station :• From Bu s Loop ' i r ...,„_.,_ . . ,. • „ _ it, .,. ,, 111114.- 61..!....e so00510 I . Y ova. '- I o. _ �tlit " ' r pr �' ca+° -gib a �' i { � . �� t om' '0 "`E `*. •+� A• �xd I, 1�I. t _ SauExWsrS3arlox • �0�1 f r _ - . -, % t • �. 4 � w:n�� 1 ■ . I�.� I�! III . i t� q it • ol, !• 4 II11i,„Ml { ti! 1 i I �1 { �:II i ii4 el . : 1 r d " j i�j Lr�i ` 'I �' ! 1 d �r � .,,,f ,;',3 ,' II. M ` � 1I ,� ,3 , ;�1 4; EDEN PRAIRIE I MINNf fONKA EDrNA HOPKINS 151.LOUIS PARK MINNEAPOLIS SOUTHWEST 17 Green Line Ur Extension Proposed Station : Bus/LRT Platform I . .I ., ill I / -. 1 . th,_...._. k t Sly �, .' fi- I.. !if rii-1 __ . ____. _ -1 IN ,+r N. N. sJ " i ‘S---- ---- . 4. I i lik ry- : Autuer...__ 1) 1) _ . _ _ ___ _______.. r _ J, 4; EDEN PRAIRIE I MINNETONKA I EDINA I HOPKINS I ST.LOU1S PARK I MINNEAPOLI5 SOUTHWEST 18 Green Line LRT Extension Proposed Station : Indoor Waiting Room ., ._LW ,, ... . ....---- __ ....-- ... - -- - r 1 , _ _ ,_ . "-----", MN �� 1�� a 'VI !- - ~ ,1.07---- . el 4; EDEN PRAIRIE I MINNETONKA I EDINA I HOPKINS , ST.LOUIS PARK I MINNEAPOLIS SOUTHWEST 19 Green Line LftT Extension Propo.....:e,:, Station : Exterior Material ik\ 1-1 -,ps, \\ . ...„,s, ,, _Is I : . .1.m ....1,..,L,,,,, ,asii„, li:W. b 1"M=111101.1 :4101 . MI IIMMffili\� \ 10..111114111111 f���llci\ �_ s 111=1110X NA" entsmea mamennumm. .„. rr �~ I�`= !� Rc �r I.s --- i■ 4 r V — ,II I � nrr i -- 1.110:111 riar :MI I - '/ IM•0°°:1 1°6000 111 lo * il IC/,//. .. _ EDEN PRAIRIE I MINNETONKA I EDINA I HOPKINS I ST.LOUIS PARK I MINNEAPOLIS SOUTHWEST4; 20 Green Line LftT Extensi on More Information /1111° ' TIC / ._ KETS Online: www.SWLRT.org 1 II --4144# ii, Email : 1 1;9. SWLRTAmetrotransit.org of . , ,, '114 '1 - r i Twitter: www.twitter.com/southwestIrt �"' -'• EE,EN PRAIRIE I MINNETONKA I EDINA I HOPKINS , ST.LOUES PARK I MINNEAPOLIS SOUTHWEST4; 21 Green Line LFT Extension CITY COUNCIL AGENDA DATE: January 5, 2016 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community Dos Manitos PUD Amendment Development/Planning (Martin Blu Trail) Janet Jeremiah/Tania Mahtani Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Community Commercial Zoning District on .97 acres; and • Direct Staff to revise the Development Agreement incorporating Staff recommendations and Council conditions for the Dos Manitas (Jardin) daycare property; and • Direct Staff to revise the Development Agreement incorporating Staff recommendations and Council conditions for the Mitchell Crossing 2012 (Martin Blu)property. Synopsis A condition within the Mitchell Crossing 2012 (Martin Blu) Development Agreement required a three foot wide soft surface nature trail/boardwalk. This trail was proposed on landed deeded to the City from the Developer connecting Martin Drive to the bridge which crosses Purgatory Creek east of the property. This trail has not been built. The approved location for the trail experiences flooding issues due to proximity to the creek and wetlands. The applicant has requested to build an eight foot wide bituminous trail in an alternate location, through the Dos Manitas (Jardin) daycare property to the south. The proposed trail location would allow for pedestrian traffic to connect to the existing bituminous trail within MnDOT right of way. In September of 2015, the City Council directed staff to work with the applicant toward completing the alternate trail location through the Jardin daycare property. Since the proposed trail location bisects the approved proof of parking area on the daycare site, the site plan and development agreement for the Dos Manitas Daycare (Jardin) from 2012 requires amendment to reflect the revised trail location. Currently a total of 19 parking spaces are available onsite for the existing daycare use, consistent with the approved site plan. When the daycare project was approved in 2012, the site plan showed an additional 21 proof of parking spaces that could be constructed if the building were to be utilized for a different use in the future. The proposed trail bisects the approved proof of parking area, which would result in a deficiency of 16 parking spaces from what City Code requires for retail. A waiver is being requested to memorialize the parking deficiency. Since the Development Agreement for Mitchell Crossing 2012 (Martin Blu) reflects the requirement to construct the trail to the east through the wetland, in order to accommodate the trail in the alternate location, the Development Agreement needs to be modified. Background The 120-Day Review Period Expires on February 25, 2016. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend denial of the request and to amend the Development Agreement for Mitchell Crossing 2012 (Martin Blu) eliminating the requirement for the construction of a three foot wide nature trail rather than relocating the trail to an alternate location and impacting future parking capabilities on the Dos Manitas site. Staff Recommendation Staff recommends approval of the request to amend the Development Agreements for Mitchell Crossing 2012 (Martin Blu) and Dos Manitas (Jardin) daycare to build the trail in the alternate location through the daycare site. Attachments 1. Ordinance 2. Staff Report 3. Location Map 4. Land Use Map 5. Zoning Map 6. Aerial photo 7. Planning Commission Minutes DOS MANITAS DAYCARE FACILITY CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2015-PUD- -2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Community Commercial Zoning District_-2015-PUD-_-2015 (hereinafter "PUD-_-2015- ) Section 3. The City Council hereby makes the following findings: A. PUD-_-2015- is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2015- is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2015- are justified by the design of the development described therein. D. PUD-_-2015- is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of September 18, 2012, entered into between Dos Manitas, LLC, and the City of Eden Prairie (hereinafter"Development Agreement") and the First Amendment to Development Agreement dated 2016, entered into between Dos Manitas, LLC and the City of Eden Prairie. The Development Agreement contains the terms and conditions of PUD-_-2015- , and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Community Commercial District and shall be included hereafter in the Planned Unit Development_-2015- , and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2015, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the day of , 2015. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2015. EXHIBIT A PUD Legal Description — Lot 3, Block 1, Edenvale Recreation Center 2nd Addition STAFF REPORT TO: Planning Commission FROM: Tania Mahtani, Planner I DATE: December 4, 2015 PROJECT: Martin Blu Trail LOCATION: 14200 Martin Drive and 14301 Martin Drive APPLICANT: Eden Prairie Development, LLC OWNERS: Eden Prairie Development, LLC Dos Manitas, LLC 120 DAY REVIEW: Expires February 24, 2016 REQUEST: 1. Planned Unit Development District Review with waivers on 0.97 acres 2. Site Plan Review on 0.97 acres COMPREHENSIVE GUIDE PLAN/ZONING The Dos Manitas (Jardin) daycare property at 14200 Martin Drive is guided Community Commercial. The surrounding properties are guided Community Commercial and High Density Residential. The daycare is zoned Community Commercial and the surrounding properties are zoned RM-2.5. The Martin Blu property at 14301 Martin Drive is guided High Density Residential. The surrounding properties are guided Community Commercial. Martin Blu is zoned RM-2.5. The surrounding properties are zoned Community Commercial. BACKGROUND A condition within the Mitchell Crossing 2012 (Martin Blu) Development Agreement required a 3 foot wide soft surface nature trail/boardwalk that was proposed on land deeded to the City from Martin Drive to the bridge which crosses Purgatory Creek east of the property. This trail has not been built. The approved location for the trail experiences flooding issues due to proximity to creek and wetlands. The applicant has requested to build an 8 foot wide bituminous trail in an alternate location, through the daycare property. The proposed trail location would allow for pedestrian traffic to access the existing bituminous trail within MnDOT right of way. In September of 2015, the City Council directed staff to work toward completing the alternate trail location through the Jardin daycare property. Staff Report—Martin Blu Trail December 4, 2015 Page 2 In order to build the proposed trail, the Development Agreement for the Mitchell Crossing 2012 (Martin Blu)project needs to be amended to reflect the new trail location. Additionally, since the proposed trail location bisects proof of parking on the daycare site, the site plan and development agreement for the Dos Manitas Daycare (Jardin) from 2012 need to be amended. Once the daycare portion of the project is reviewed by the Planning Commission, staff will coordinate the Development Agreement amendments for Mitchell Crossing 2012/Martin Blu and Dos Manitas/Jardin Daycare for City Council review. SITE PLAN/PARKING The proposed location of the trail is south of the Martin Blu apartment project through the Jardin daycare property which will connect to an existing trail that abuts Highway 5. The proposed trail is located east of the daycare building through a portion of the daycare's outdoor play area. Existing landscaping and fencing on the daycare property will be relocated due to the proposed trail location. The proposed trail is shown through the existing proof of parking which was approved as part of the daycare project. Currently a total of 19 parking spaces are available onsite for the existing daycare use, consistent with the plan approved by City Council for the site. When the daycare project was approved in 2012, the site plan showed an additional 21 proof of parking spaces so the building could potentially be reused for other types of retail uses in the future. A portion of the 21 proof of parking spaces east of the proposed trail may not be feasible due to the slope, existing trees, and proximity to the wetland and creek. The site plan shows a revised proof of parking plan with 9 proof of parking spaces which are in the location of the current outdoor play area. One of the existing 19 parking stalls will be removed with the proof of parking construction. The 19 stalls currently provided on site meets the demonstrated demand for the daycare facility. The proposed parking, including the proof of parking is 27 parking spaces. City Code requires onsite parking for retail at 5 parking spaces per 1,000 square feet of Gross Floor Area or 43 parking spaces. A waiver is being requested to memorialize the deficiency in 16 parking spaces should the daycare use change to a retail use in the future. The following PUD waiver is proposed. 1. Parking from 43 spaces to 27 parking spaces for the daycare property. City Code requires 5 parking stalls for every 1,000 square feet of gross floor area of a building this size. STAFF RECOMMENDATIONS Recommend approval of the following request: 1. Planned Unit Development District Review with waivers on 0.97 acres 2. Site Plan Review on 0.97 acres This is based on plans stamp dated November 23, 2015 and the following conditions: Staff Report—Martin Blu Trail December 4, 2015 Page 3 1) Prior to land alteration permit issuance for the property, the proponent shall: a) Provide a security that guarantees completion of the revised trail location for 125% of the estimated construction cost in accordance with City Code. b) Provide a tree replacement/landscaping surety equivalent to 150% of the cost of the daycare landscaping plan for review and approval. c) Submit detailed trail construction plans to the Engineering Division. d) Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. e) Provide a copy of the up-to-date Limited Use Permit and Work within the Right-of-Way Permit issued by MnDOT. f) Provide the signed and recorded easement document through the daycare property. 2) The following waivers have been granted through the PUD District Review for the property: a) Parking from 43 spaces to 27 parking spaces. City Code requires 5 parking stalls for every 1,000 square feet of gross floor area of a building this size. Area Location Map--Martin Blu Trail Address: 14200 and 14301 Martin Drive - ,-/IN .* /, . \ -y, \. �N. 'JI • 41.* V ` , Mitchell Road 0 0 c m s 0 _ _ _ _ \ 1 e Martin Drive 0 d r N MARTINF2 — g L_ Il © 212 I I HWY5/ 1 1' HWY 212 1 1 1 1 cI0 300 600 1,200 Feet Oivt OHK KU I I I I I I I I II Guide Plan Map - Martin Blu Trail 14200 and 14301 Martin Drive, Eden Prairie, MN 55344 /Ai Mitchell Road ilP, Martin Blu 1 A al daycare Martin Drive lit =I — ❑ Highway 212 1.1 City of Ede Pra rie and Use Guide Pla Map 2 30 # Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre nip Community Commercial Streams 17.7 Low Density/Public/Open Space - Regional Commercial -Principal Arterial -A Minor Arterial - Medium Density residential 2.5-10 Units/Acre ®Town Center •i . $ +;. ,i —B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 nMedium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05 DATE Revised 06-01-07 EDEN I High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 Minor Collect or DATE Revised 03-23-06 DATE Revised 03-01-08 nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y// Office/Industrial Open Water EIVE•wORK•DREAM f� Office/Public/Open Space Right-Of-Way 310 155 M 0ogamm�Me mo1.m_o.„®o�..o.a, o .,o..310 Feet - Industrial Zoning Map - Martin Blu Trail 2015-21 14200 and 14301 Martin Drive, Eden Prairie, MN 55344 ��, 2,,,,,NN iiit _ ...„, .. Mitchell Road 1177 I m 1 . Q e.„07.44 FIN N D p M I artin Blu I IV fly Daycare Martin Drive I c Highway 212 ity of Eder Prairi Zoning Map iiiillaki_ =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) . 1 1 ,f. t R1-9.5 One Family-9,500 sf min. -Industrial Park-2Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ^Industrial Park-5Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max.-General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 EDEN Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Neighborhood Commercial 1-1 GolfCourse Date:March 1,2009 Community Commercial Water In case of discrepancy related to a toning classitmaaon on this zoning map,the Ordinance tIVE•WORR•ORERM and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial I Right of Way -Regional Service Commercial 0 0,075 0.15 a'r Miles .w ��mo..m_..au_...m.. . ®..g..o.a.,a ..o...ia..m ,..,,mo, Aerial Map - Martin Blu Trail 2015-21 Address:14200 and 14301 Martin Drive Eden Prairie, Minnesota 55344 ,-- 11111111pi u• ,` 4O t eillikaMiN"W . . j. - ' ' . f it- zl _ $ 'i n �� "_ I- ______________I1 ' IAA Mitchell Road _ Q • • II: Irf Martin Blu . _ 41.4ir• ..„ _,.._„0 _ '_T � , da care .. Martin Drive .iimmir •-.,. :),,,, , , _44 _ 011 1 r Highway 212 7 ,J• 1..t. Ii;,_ , 1 1 . —i"..Ns. : 1-. P _ ® F • ��lll I . , �f •! 1, d',�r ffN' 1. • .. - a •, . •-. _ T" -9 - -. .237.5 4751 ' 1 9 I Feet '{ ,.. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims January 05, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 243146 - 244105 Wire Transfers 1012634— 1012940 Wire Transfers 5603 - 5631 Purchasing Card 5617 City of Eden Prairie Council Check Summary 1/5/2016 Division Description Amount Division Description Amount General 27,718 308 E-911 612 100 City Manager 10,135 309 DWI Forfeiture 3,135 101 Legislative 7,491 315 Economic Development 1,309,759 102 Legal Counsel 76,235 445 Cable PEG 1,291 110 City Clerk 433 502 Park Development 80,323 111 Customer Service 12,773 509 CIP Fund 144,042 112 Human Resources 740 512 CIP Trails 408 113 Communications 5,090 513 CIP Pavement Management 3,302 114 Benefits&Training 7,568 522 Improvement Projects 2006 136,580 130 Assessing 6,163 526 Transportation Fund 86,800 131 Finance 235 527 CIP-Leasing Costs 1,465 132 Housing and Community Services 15,415 528 Shady Oak Rd-CR 61 North 729 133 Planning 5,348 529 Shady Oak Rd-CR 61 South 296,267 136 Public Safety Communications 13,116 530 Pool Upgrade/Expansion 3,830 137 Economic Development 810 531 Eden Prairie Road 1,229 138 Community Development Admin. 363 534 WEST 70TH ST.EXTENSION 413,145 150 Park Administration 2,494 Total Capital Projects Fund 2,482,915 151 Park Maintenance 55,481 153 Organized Athletics 1,587 601 Prairie Village Liquor 260,068 154 Community Center 50,369 602 Den Road Liquor 419,146 156 Youth Programs 9,960 603 Prairie View Liquor 298,170 157 Special Events 329 605 Den Road Building 18,912 158 Senior Center 9,489 701 Water Fund 844,794 159 Recreation Administration 10,575 702 Sewer Fund 989,825 160 Therapeutic Recreation 286 703 Storm Drainage Fund 137,384 162 Arts 4,043 Total Enterprise Fund 2,968,299 163 Outdoor Center 2,845 168 Arts Center 850 803 Escrow Fund 119,681 180 Police 65,649 806 SAC Agency Fund 7,455 184 Fire 128,733 807 Benefits Fund 1,178,535 186 Inspections 3,066 810 Workers Comp Insurance 11 200 Engineering 3,510 811 Property Insurance 4,542 201 Street Maintenance 170,253 812 Fleet Internal Service 214,808 202 Street Lighting 70,693 813 IT Internal Service 82,473 Total General Fund 779,842 814 Facilities Capital ISF 46,292 815 Facilites Operating ISF 64,635 301 CDBG 38,369 816 Facilites City Center ISF 96,026 303 Cemetary Operation 2,057 817 Facilites Comm.Center ISF 155,255 312 Recycle Rebate 1,860 Total Internal Svc/Agency Funds 1,969,713 Total Special Revenue Fund 42,286 Report Total 9,092,032 427 2005 G.O.IMPR BONDS 284,970 434 2008A Capital Equipment Notes 19,915 435 2008B G.O.Improvement Bonds 204,993 437 G.O.Perm.Improv.2010A 86,255 438 G.O.Bonds(SCBA)2011B 87,550 439 G.O.Refunding Bonds 2011C 525 440 GO Penn Impr Ref Bonds 2011D 164,769 Total Debt Service Fund 848,976 City of Eden Prairie Council Check Register by GL 1/5/2016 Check# Amount Supplier/Explanation Account Description Business Unit Comments 5618 1,335,444 WELLS FARGO BANK MINNESOTA NA Principal Sewer Fund Wells Fargo Bond payments 243770 442,874 GENERAL GROWTH PROPERTIES INC TIF Payment Project Fund 2nd half of TIF pymt 243277 369,496 MEYER CONTRACTING,INC Improvement Contracts WEST 70TH ST.EXTENSION West 70th St improvement 244052 311,946 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Sewer Utility-General Waste Water Service Fee JAN 16 243220 285,393 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Sewer Utility-General Waste Water Service Fee DEC 15 244051 285,393 METROPOLITAN COUNCIL MCES User Fee Sewer Utility-General Waste Water Service Fee NOV 15 1012787 259,348 EP CONSOLIDATED PROPERTIES LLC TIE Payment Project Fund 2nd half of TIF pymt 5623 256,990 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Ultimate-payroll taxes 243327 245,694 HEALTHPARTNERS Accounts Receivable Health and Benefits Premiums DEC 2015 5611 228,902 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Ultimate-payroll taxes 5626 158,111 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 5614 156,434 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 1012685 156,206 SRF CONSULTING GROUP INC Design&Engineering WEST 70TH ST.EXTENSION West 70th St Construction Svc 243753 149,658 DOMINIUM TIE Payment Project Fund 2nd half of TIE pymt 243990 142,962 CARGILL SALT Salt Snow&Ice Control Deicer salt 243830 141,345 TE MILLER DEVELOPMENT LLC TIF Payment Project Fund 2nd half of TIF pymt 243844 136,623 WINDSOR PLAZA LLC TIF Payment Project Fund 2nd half of TIF pymt 243806 115,755 NEW LOOK CONTRACTING INC Improvement Contracts Improvement Projects 2006 Pioneer Trail Turn Lane Improv. 243843 111,000 WATERS SENIOR LIVING TIF Payment Project Fund 2nd half of TIF pymt 5627 110,891 MINNESOTA DEPT OF REVENUE Sales Tax Payable Water Enterprise Fund MN Dept of Rev-sales tax 1012695 103,446 XCEL ENERGY Electric Water Wells Electric S.Shady Oak/EP Water reuse/EP IDDE proj/Stratus 1012927 101,826 SRF CONSULTING GROUP INC Design&Engineering Escrow Court Storm sewer repair/BP Station site. 1012854 99,875 MINNESOTA EQUIPMENT Machinery&Equipment Park and Recreation 243248 96,420 RJM CONSTRUCTION INC Other Contracted Services Capital Maint.&Reinvestment 243805 96,000 NEW HORIZON ENTERPRISES INC Deposits Escrow 1012814 80,575 XCEL ENERGY Electric Public Safety Communications 1012637 80,454 CLAREY'S SAFETY EQUIPMENT Operating Supplies Fire 243384 75,563 VALLEY RICH CO INC Improvement Contracts Storm Drainage 243834 70,000 TMI COATINGS INC Other Contracted Services Water Capital 1012686 67,529 ST CROIX RECREATION FUN PLAYGRAOUNDS INC Other Assets Park Acquisition&Development 1012871 66,185 XCEL ENERGY Electric Traffic Signals 243350 65,627 METRO TRANSIT Design&Engineering Transportation Fund 1012910 55,366 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Shady Oak Rd-CR 61 North 243229 55,243 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 5617 53,352 US BANK Travel Expense Water System Maintenance 243837 51,094 UNITED PROPERTIES TIF Payment Project Fund 243786 45,499 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 1012732 45,081 PARROTT CONTRACTING INC Equipment Repair&Maint Water System Maintenance 244039 39,631 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 243374 34,895 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Den Road Liquor Store 243338 33,331 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 243901 31,186 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 244094 30,768 ULTIMATE SOFTWARE GROUP,THE Ultimate(prey.Ceridian) IT Operating 243209 30,610 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 243969 29,917 AMERICAN ENGINEERING TESTING INC Testing-Soil Boring Shady Oak Rd-CR 61 South 243797 29,256 MINNESOTA DEPT OF HEALTH Licenses,Permits,Taxes Water Testing 243822 27,416 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 1012677 27,311 LOGIS GIS Staff Augmentation IT Operating 243258 25,137 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 243846 24,904 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie Village Liquor Store 243231 24,865 NAC Other Contracted Services Facilities Capital Check# Amount Supplier/Explanation Account Description Business Unit Comments 1012664 24,419 DIVERSE BUILDING MAINTENANCE Tenant 1-Janitor Service Public Works/Parks 243957 23,609 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie Village Liquor Store 1012697 23,119 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Rehab 1012904 23,026 DIVERSE BUILDING MAINTENANCE Janitor Service Public Works/Parks 243349 22,870 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 244046 22,797 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 5625 22,780 EMPOWER Deferred Compensation Health and Benefits 244072 22,400 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1012785 22,332 DIVERSE BUILDING MAINTENANCE Tenant 1-Janitor Service Prairie Village Liquor Store 243979 21,796 BITUMINOUS ROADWAYS INC Building Materials Capital Maint.&Reinvestment 5613 21,690 EMPOWER Deferred Compensation Health and Benefits 243280 21,556 ABM ONSITE SERVICES-MIDWEST Janitor Service City Hall-CAM 244083 21,417 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 1012836 21,363 STONEBROOKE Autos Utility Operations-General 243275 21,197 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Den Road Liquor Store 244038 19,881 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 244050 19,667 METRO TRANSIT Design&Engineering Transportation Fund 243276 19,443 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Den Road Liquor Store 1012672 19,421 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Legal Criminal Prosecution 243358 19,340 NOKOMIS SHOE SHOP Clothing&Uniforms Utility Operations-General 243900 19,157 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 1012864 18,575 THORPE DISTRIBUTING Liquor Product Received Prairie View Liquor Store 244077 17,853 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 243812 17,667 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 243389 17,453 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie View Liquor Store 1012719 17,259 CENTERPOINT ENERGY SERVICES INC Gas Water Treatment Plant 243363 17,077 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 5612 17,020 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 1012807 16,995 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 5624 16,879 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 244104 16,715 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie View Liquor Store 244014 16,153 FIRE SAFETY USA INC Repair&Maint.Supplies Fire 244103 16,138 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie View Liquor Store 243847 15,914 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie View Liquor Store 243849 15,855 PATCHIN MESSNER DODD&BRUMM Legal Shady Oak Rd-CR 61 South 243965 14,691 ABM ONSITE SERVICES-MIDWEST Cleaning Supplies City Hall-CAM 1012869 14,063 WESTWOOD PROFESSIONAL SERVICES INC Design&Engineering Escrow 243368 13,985 RON'S CABINETS INC Other Contracted Services Facilities Capital 243750 13,961 CUMMINS NPOWER LLC- DO NOT USE Equipment Repair&Maint Fleet Operating 5615 13,883 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 244079 13,452 RETROFIT COMPANIES,INC,THE Contract Svcs-Electrical Fitness/Conference-Cmty Ctr 243242 13,397 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 5619 13,141 RADIANT SYSTEMS Bank and Service Charges Prairie View Liquor Store 243755 13,077 DSO ARCHITECTURE INC Design&Engineering Capital Maint.&Reinvestment 243208 13,059 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 243252 12,878 SIGNSOURCE Other Assets Den Road Building 243300 12,471 CLEARWATER RECREATION Contributions Park Acquisition&Development 1012688 12,189 THORPE DISTRIBUTING Liquor Product Received Den Road Liquor Store 243743 12,130 COLUMBINE TOWNHOMES TIF Payment Project Fund 243940 11,916 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 243216 11,220 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 243212 11,212 LEGACY BUILDING CO INC,THE Other Contracted Services Rehab 243785 11,088 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 243958 10,532 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie Village Liquor Store 243779 10,358 HOUSE OF PRINT Printing Community Brochure 243390 10,073 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Den Road Liquor Store 243741 10,000 CHESTNUT REALTY Right of Way&Easement Shady Oak Rd-CR 61 South Check# Amount Supplier/Explanation Account Description Business Unit Comments 243337 9,984 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 5620 9,951 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 1012878 9,719 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 5631 9,481 GENESIS EMPLOYEE BENEFITS,INC HSA-Employer Health and Benefits 243882 9,019 FIRE SAFETY USA INC Small Tools Fire 243293 9,006 BRIN NORTHWESTERN GLASS COMPANY Contract Svcs-General Bldg City Hall-CAM 5606 8,636 GENESIS EMPLOYEE BENEFITS,INC HSA-Employer Health and Benefits 5616 8,546 GENESIS EMPLOYEE BENEFITS,INC HSA-Employer Health and Benefits 1012728 8,379 METRO SALES INCORPORATED* Other Rentals IT Operating 243194 8,323 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water System Maintenance 1012937 8,125 WALL TRENDS INC Contract Svcs-General Bldg City Center Operations 243932 8,000 PROP Other Contracted Services Housing and Community Service 243888 7,907 GRAYMONT Treatment Chemicals Water Treatment Plant 1012809 7,864 VTI Other Contracted Services Public Safety Communications 243239 7,832 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 243362 7,523 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 1012912 7,404 HAWKINS INC Treatment Chemicals Water Treatment Plant 243961 7,380 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 244019 7,342 GARDEN ROOM FRATELLPS GARDEN INC,THE Miscellaneous Internal Events 1012742 7,317 THORPE DISTRIBUTING Liquor Product Received Den Road Liquor Store 1012748 7,162 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 243233 6,840 NECON ENTERPRISES Repair&Maint.Supplies Storm Drainage 243929 6,709 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 243148 6,648 AFTER BURNER AUTO BODY Auto Repair&Maint. Utility Operations-General 5621 6,636 AMERICAN EXPRESS Bank and Service Charges Finance 243387 6,442 WHEELER LUMBER LLC Building Materials Capital Maint.&Reinvestment 1012712 6,436 WENCK ASSOCIATES INC Design&Engineering Storm Drainage 243274 6,002 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 5608 5,960 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 243378 5,956 TECH SALES CO Process Control Equipment Water Treatment Plant 243721 5,730 ABDO MARKETHOUSE Deposits Escrow 243931 5,713 PROP Refunds CDBG-Public Service 243732 5,650 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 1012757 5,538 BRAUN INTERTEC CORPORATION Testing-Soil Boring CIP Pavement Management 243257 5,500 SOUTHDALE YMCA Other Contracted Services Rehab 243956 5,421 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 243356 5,401 NATIONAL LEAGUE OF CITIES Dues&Subscriptions General Fund 243332 5,395 HYDRO KLEAN Equipment Repair&Maint Storm Drainage 1012829 5,327 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Hall-CAM 243908 5,295 M R SIGN Signs Traffic Signs 243268 5,269 US CONFERENCE OF MAYORS,THE Dues&Subscriptions City Council 244096 5,207 VERIZON WIRELESS Other Contracted Services IT Operating 243736 5,163 BOLTON&MENK INC Design&Engineering Storm Drainage 244102 5,077 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 243765 5,000 FLOORS DISTINCTION INC Other Contracted Services Project Fund 243891 4,904 HOFFMAN REFRIGERATION&HTG Other Contracted Services Rehab 243228 4,855 MN DEPT OF TRANSPORTATION Testing-Soil Boring Shady Oak Rd-CR 61 South 243287 4,799 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 243388 4,788 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 1012705 4,698 MINNESOTA NATIVE LANDSCAPES Equipment Repair&Maint Storm Drainage 243178 4,650 DUNSMORE ASPHALT INC Other Contracted Services Rehab 243299 4,649 CLEAN RIVER Operating Supplies City Center Operations 243972 4,627 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 243265 4,608 UNIFORMS UNLIMITED Clothing&Uniforms Reserves 244030 4,567 HENNEPIN COUNTY TREASURER Other Contracted Services Assessing 243811 4,526 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 244043 4,502 LEAGUE MN CITIES INS TRUST Insurance Property Insurance Check# Amount Supplier/Explanation Account Description Business Unit Comments 243183 4,500 EMERGENCY PREPAREDNESS RESOURCE GROUP Conference/Training Police 244097 4,500 VISU-SEWER CLEAN&SEAL INC Repair&Maint.Supplies Storm Drainage 1012636 4,409 BRAUN INTERTEC CORPORATION Testing-Soil Boring Improvement Projects 2006 243793 4,380 MCCRONE ASSOCIATES INC Other Contracted Services Police 243814 4,305 POSTMASTER PERMIT#241 Postage Communications 1012862 4,302 STREICHERS Clothing&Uniforms Police 243326 4,300 GRINDSTONE CONSTRUCTION SERVICES Deposits Escrow 1012929 4,248 STREICHERS Clothing&Uniforms Animal Control 244028 4,160 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police 1012723 4,097 HANSEN THORP PELLINEN OLSON Other Contracted Services Park Maintenance 1012776 4,010 WSB&ASSOCIATES INC Design&Engineering Park Acquisition&Development 243325 4,009 GRAYMONT Treatment Chemicals Water Treatment Plant 243773 4,007 GRAYMONT Treatment Chemicals Water Treatment Plant 244024 4,004 GRAYMONT Treatment Chemicals Water Treatment Plant 243192 3,999 GRAYMONT Treatment Chemicals Water Treatment Plant 1012673 3,982 HAWKINS INC Treatment Chemicals Water Treatment Plant 1012750 3,915 ZIEGLER INC Other Rentals Park Maintenance 243852 3,790 ABM ONSITE SERVICES-MIDWEST Janitor Service Utility Operations-General 243739 3,767 CENTURYLINK Telephone Cummins Grill 1012693 3,762 WALL TRENDS INC Contract Svcs-General Bldg Park Shelters 243227 3,750 MN CIT OFFICERS ASSOCIATION Tuition Reimbursement/School Police 243757 3,750 EDEN PRAIRIE COMMUNITY EDUCATION Other Contracted Services Housing and Community Service 243801 3,687 MN DEPT OF TRANSPORTATION Testing-Soil Boring Shady Oak Rd-CR 61 South 1012852 3,644 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Water Wells 243251 3,557 SIGNSOURCE Operating Supplies Community Center Admin 243170 3,540 COMMUNITY ACTION PARTNERSHIP Refunds CDBG-Public Service 244070 3,522 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 243780 3,468 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting 1012774 3,454 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 243729 3,451 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 243907 3,447 LAVAN FLOOR COVERING Capital Under$25,000 Den Road Liquor Store 243892 3,425 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 243232 3,424 NATIONAL MARTIAL ARTS ASSOCIATION,INC Instructor Service Lesson Skills Development 243845 3,385 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1012940 3,341 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 243360 3,308 NORTHWESTERN POWER EQUIPMENT CO INC Equipment Parts Water Treatment Plant 1012907 3,301 GENUINE PARTS COMPANY Supplies-Fire/Life/Safety Fleet Operating 1012840 3,296 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1012724 3,295 ITRON INC. Maintenance Contracts Water Metering 243379 3,250 TEENS ALONE Other Contracted Services Housing and Community Service 1012859 3,250 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs-Roof Fitness/Conference-Cmty Ctr 243245 3,244 RECYCLE AWAY,LLC Waste Disposal City Center Operations 243886 3,240 GOODPOINTE TECHNOLOGY (C/O ZOOM) Software Maintenance IT Operating 243912 3,239 MIDWEST COCA COLA BOTTLING COMPANY Operating Supplies Concessions 243930 3,230 PRINT SOURCE MINNESOTA Advertising Prairie Village Liquor Store 1012899 3,207 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 243986 3,200 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Sfty City Hall-CAM 1012830 3,200 MAVO SYSTEMS Contract Svcs-Pest Control Dunn Brothers 243820 3,168 SOCCER SHOTS Instructor Service Preschool Events 1012930 3,160 THORPE DISTRIBUTING Liquor Product Received Prairie View Liquor Store 243777 3,160 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 1012668 3,156 GENUINE PARTS COMPANY Reimbursement Fleet Operating 243893 3,149 HOISINGTON KOEGLER GROUP INC Other Contracted Services Planning 243200 3,137 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 243916 3,063 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 244001 3,062 CUMMINS NORTH CENTRAL INC Equipment Repair&Maint Fleet Operating 243320 3,037 GARDEN ROOM FRATELLPS GARDEN INC,THE Training Supplies Wine Club/Events Check# Amount Supplier/Explanation Account Description Business Unit Comments 243240 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 243948 3,000 SUBURBAN WILDLIFE CONTROL INC Equipment Repair&Maint Storm Drainage 244074 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 243880 2,985 ENVIROTECH SERVICES,INC Salt Street Maintenance 1012839 2,903 VAN PAPER COMPANY Cleaning Supplies City Center Operations 243151 2,880 ANDERBERG INNOVATIVE PRINT SOLUTIONS INC Printing Police 243152 2,848 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 243798 2,815 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance 1012939 2,775 WESTWOOD PROFESSIONAL SERVICES INC Design&Engineering Improvement Projects 2006 1012734 2,774 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Prairie View Liquor Store 243831 2,772 TED'S CHRISTMAS LIGHTING Other Contracted Services Purgatory Creek Park 243153 2,754 ARVIG Fiber Lease Payments IT Capital 243211 2,700 LANO EQUIPMENT INC Equipment Repair&Maint Storm Drainage 1012932 2,686 UNIQUE PAVING MATERIALS Gravel Water System Maintenance 243318 2,668 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 1012812 2,660 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 243238 2,656 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 1012692 2,620 VTI Equipment Repair&Maint Public Safety Communications 243910 2,590 MEDICINE LAKE TOURS Special Event Fees Trips 243968 2,586 ADAM BETTCHER PHOTOGRAPHY Other Contracted Services Police 1012782 2,584 CONCRETE CUTTING&CORING INC Safety Supplies Park Maintenance 1012784 2,580 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 243871 2,480 COSTCO Merchandise for Resale Fire 243738 2,440 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Sfty City Hall-CAM 244031 2,431 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 1012710 2,423 VAN PAPER COMPANY Cleaning Supplies Senior Center 243330 2,385 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 243372 2,349 SILVER STAR INDUSTRIES Autos Police 1012894 2,335 VINOCOPIA Liquor Product Received Prairie View Liquor Store 1012902 2,334 CENTERPOINT ENERGY Gas Cummins Grill 244078 2,333 RED WING SHOE STORE Clothing&Uniforms Utility Operations-General 1012696 2,300 ZIEGLER INC Equipment Repair&Maint Storm Drainage 243754 2,250 DONS SOD SERVICE Landscape Materials/Supp Capital Maint.&Reinvestment 1012888 2,241 R&R SPECIALTIES OF WISCONSIN INC Contract Svcs-Ice Rink Ice Arena Maintenance 1012645 2,208 MPX GROUP,THE Printing Police 243807 2,200 NORTH STAR PUMP SERVICE Repair&Maint.Supplies Sewer Liftstation 243371 2,187 SIGN SOURCE INC Building Aquatics&Fitness Expansion 243328 2,183 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 1012783 2,134 DAIKIN APPLIED Contract Svcs-HVAC City Hall-CAM 1012832 2,119 MPX GROUP,THE Printing Senior Center Admin 1012654 2,109 ADVANCED ENGINEERING&ENVIRONMENTAL SE Process Control Services Water Wells 1012931 2,097 TOWMASTER INC Capital Under$25,000 Snow&Ice Control 1012936 2,095 VTI Equipment Repair&Maint Public Safety Communications 1012923 2,085 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Utility Operations-General 243787 2,068 JONES LUANN R Legal Shady Oak Rd-CR 61 South 243985 2,050 BRIAN'S CARPENTRY SERVICE LLC Other Contracted Services Rehab 243791 2,043 LEONARD J KOEHNEN&ASSOC Design&Engineering Public Safety Communications 1012870 2,042 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 1012663 2,008 CONCRETE CUTTING&CORING INC Safety Supplies Park Maintenance 243354 1,985 MIRACLE RECREATION EQUIPMENT CO Equipment Repair&Maint Park Maintenance 243304 1,974 CREDIT ACCEPTANCE CORPORATION Miscellaneous DWI Forfeiture 243927 1,917 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 1012694 1,914 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 243902 1,882 JOHNSON TROY Tuition Reimbursement/School Organizational Services 243794 1,875 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Concessions 243359 1,869 NORTHSTAR MUDJACKING&MORE LLC Mudjacking Curbs Capital Maint.&Reinvestment 1012714 1,863 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 1012911 1,835 HANSEN THORP PELLINEN OLSON Design&Engineering Storm Drainage 243169 1,829 COMMERCIAL ASPHALT CO Repair&Maint.Supplies Sewer System Maintenance 243281 1,821 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Park Maintenance 1012701 1,819 BOUNDLESS NETWORK Clothing&Uniforms Facilities Staff 5605 1,812 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 5630 1,805 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 1012827 1,784 HACH COMPANY Laboratory Chemicals Water Treatment Plant 243375 1,784 SOUTHWEST NEWS MEDIA Printing Art Crawl 243391 1,744 XIGENT SOLUTIONS LLC Software Maintenance IT Operating 243982 1,707 BLUESTEM HERITAGE GROUP Other Contracted Services Heritage Preservation 244011 1,698 EDEN PRAIRIE WINLECTRIC Operating Supplies Traffic Signals 1012792 1,685 HANSEN THORP PELLINEN OLSON Other Contracted Services Improvement Projects 2006 243804 1,676 NAC Supplies-HVAC Pool Maintenance 1012847 1,676 ESS BROTHERS&SONS INC Repair&Maint.Supplies Storm Drainage 1012786 1,670 ECM PUBLISHERS INC Advertising Communications 1012861 1,650 STAR TRIBUNE MEDIA COMPANY LLC Employment Advertising Organizational Services 244085 1,632 SPIRIT APPAREL&STUFF DON'T USE Clothing&Uniforms Community Center Admin 1012762 1,621 GUNNAR ELECTRIC CO INC Other Contracted Services Edenvale Park 243817 1,585 READY WATT ELECTRIC Equipment Repair&Maint Emergency Preparedness 1012868 1,581 VTI Capital Under$25,000 Public Safety Communications 243942 1,573 SPEEDPRO IMAGING INC Operating Supplies Ice Operations 1012749 1,572 XCEL ENERGY Electric Traffic Signals 1012771 1,569 ROTO-ROOTER Maintenance Contracts Public Works/Parks 243975 1,554 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 243832 1,550 THYMES TWO INC Contract Svcs-Lawn Maint. City Hall-CAM 243351 1,501 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Prairie Village Liquor Store 243790 1,500 LANO EQUIPMENT INC Repair&Maint.Supplies Storm Drainage 243909 1,500 MARKAY STACEY Refunds Storm Drainage 1012778 1,500 ALLDATA Software Fleet Operating 1012819 1,500 BRAUN INTERTEC CORPORATION Testing-Soil Boring CIP Pavement Management 243181 1,497 EDUCATION AND TRAINING SERVICES Conference/Training Engineering 243314 1,497 EDUCATION AND TRAINING SERVICES Conference/Training Utility Operations-General 243861 1,447 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 1012648 1,439 STONEBROOKE Autos Police 243190 1,420 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 1012793 1,415 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 243290 1,410 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 1012733 1,408 POMP'S TIRE SERVICE INC Tires Fleet Operating 1012715 1,404 RIFFS INC Other Contracted Services Park Maintenance 243856 1,401 ARVIG Fiber Lease Payments IT Operating 243286 1,400 ARENA SERVICES AND PRODUCTS Contract Svcs-Ice Rink Ice Arena Maintenance 243162 1,398 CEMSTONE CONTRACTOR SUPPLY Building Materials CIP Trails 1012780 1,391 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 243291 1,389 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 243260 1,386 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 1012893 1,384 VAN PAPER COMPANY Cleaning Supplies Prairie View Liquor Store 243756 1,376 E A SWEEN COMPANY Merchandise for Resale Concessions 244044 1,376 LEAGUE MN CITIES INS TRUST Other Contracted Services Street Lighting 1012846 1,375 DAKOTA SUPPLY GROUP INC Repair&Maint.Supplies Water Metering 243748 1,350 CRAIG RAPP,LLC Conference/Training General Fund 1012643 1,334 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Hall-CAM 1012882 1,334 LYNDALE PLANT SERVICES Contract Svcs-hit.Landscape City Hall-CAM 1012647 1,319 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr 243198 1,316 HIGHWAY 5 BP Equipment Repair&Maint Police 1012915 1,310 MARSHALL&SWIFT Dues&Subscriptions Assessing 244048 1,300 MEDICINE LAKE TOURS Special Event Fees Trips 243954 1,296 VALLEY LAKE IRRIGATION Improvement Contracts Storm Drainage Projects Check# Amount Supplier/Explanation Account Description Business Unit Comments 243914 1,267 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance 243863 1,245 BLOOMINGTON,CITY OF Kennel Services Animal Control 1012896 1,243 ADVANCED ENGINEERING&ENVIRONMENTAL SE Other Contracted Services Sewer Liftstation 1012918 1,240 MITY-LITE INC Capital Under$25,000 Senior Center Admin 1012646 1,222 PROFORMA Office Supplies Customer Service 243149 1,207 ALEX AIR APPARATUS INC Equipment Repair&Maint Emergency Preparedness 243331 1,202 HOPKINS SCHOOL DISTRICT ISD270 Fiber Lease Payments IT Operating 243377 1,197 TASER INTERNATIONAL Training Supplies Police 1012651 1,194 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 243725 1,190 ACCOUNTEMPS Other Contracted Services Community Center Admin 1012898 1,180 ASPEN WASTE SYSTEMS INC. Waste Disposal Fire Station#3 243321 1,177 GLEWWE DOORS INC Contract Svcs-General Bldg Park Shelters 1012659 1,164 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 243292 1,162 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 243355 1,158 NAC Contract Svcs-HVAC Den Road Liquor Store 244081 1,154 SIGNSOURCE Contract Svcs-Ice Rink Ice Arena Maintenance 1012820 1,143 BUSINESS IMPACT GROUP Clothing&Uniforms Fire 243821 1,139 SOURCEONE GRAPHICS INC Signs Park Maintenance 1012657 1,137 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 1012909 1,132 GRAINGER Supplies-General Bldg Miller Park 1012738 1,131 SRF CONSULTING GROUP INC Design&Engineering Storm Drainage 243205 1,125 INNOVATIVE UNDERGROUND INC. Other Contracted Services Park Construction 244026 1,120 HEALTHPARTNERS Health&Fitness Fire 243796 1,119 MINNESOTA AIR INC Supplies-HVAC Public Works/Parks 1012675 1,110 KIDS TEAM TENNIS LLC Instructor Service Tennis 1012850 1,106 GRAINGER Supplies-General Bldg Fitness/Conference-Cmty Ctr 243195 1,104 HENNEPIN COUNTY UT DEPT Software Maintenance Public Safety Communications 244002 1,100 D H EXCAVATING Other Contracted Services Pleasant Hill Cemetery 243943 1,099 SPOK,INC. Pager&Cell Phone IT Operating 243296 1,087 CINTAS CORPORATION Operating Supplies Utility Operations-General 243889 1,085 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 243887 1,083 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 1012683 1,080 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Facilities Capital 243783 1,080 INTERTECH INC Contract Development IT Operating 1012880 1,078 JOHN HENRY FOSTER MINNESOTA INC Equipment Repair&Maint Water Treatment Plant 1012873 1,076 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Fire Station#4 243740 1,063 CENTURYLINK Wireless Subscription IT Operating 1012662 1,048 CDW GOVERNMENT INC. Software Maintenance IT Operating 1012747 1,045 WATSON CO INC,THE Merchandise for Resale Concessions 243344 1,042 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Day Care 1012766 1,034 MPX GROUP,THE Printing Police 1012773 1,029 VAN PAPER COMPANY Tenant 1-Cleaning Suppli City Hall-Direct Costs 243256 1,029 SNAP-ON TOOLS Small Tools Fleet Operating 243926 1,000 OWL ENGINEEERING&EMC TEST LABS INC Design&Engineering Public Safety Communications 1012817 999 BERRY COFFEE COMPANY Merchandise for Resale Concessions 243813 998 PLASTIC BAG MART Liquor Product Received Prairie Village Liquor Store 243147 986 ADESA MPLS Miscellaneous DWI Forfeiture 243727 986 AERO DRAPERY AND BLIND Contract Svcs-General Bldg Historical Buildings 243348 984 LENNOX INDUSTRIES INC. Supplies-HVAC Senior Center 243206 969 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 243335 969 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 243848 964 Z WINES USA LLC Liquor Product Received Den Road Liquor Store 244091 961 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 243934 960 RETROFIT COMPANIES,INC,THE Supplies-Electrical Public Works/Parks 243784 955 J H LARSON COMPANY Repair&Maint.Supplies Park Maintenance 1012641 954 HANINK,KELLY Training Supplies Fire 1012745 951 VTI Equipment Repair&Maint Public Safety Communications Check# Amount Supplier/Explanation Account Description Business Unit Comments 1012722 933 GRAINGER Repair&Maint.Supplies Fitness/Conference-Cmty Ctr 244099 925 WELLS FARGO BANK MINNESOTA NA Paying Agent G.O.Refunding Bonds 2011C 1012781 920 CENTERPOINT ENERGY Gas Sewer Liftstation 244007 910 E A SWEEN COMPANY Merchandise for Resale Concessions 1012767 909 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications 1012858 906 PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store 243218 900 MARTIN-MCALLISTER Employment Support Test Organizational Services 243772 896 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 243764 889 FLAGSHIP RECREATION Equipment Repair&Maint Miller Park 1012808 882 ULINE Waste Disposal City Center Operations 243723 868 ABSOLUTE RAIN INC. Contract Svcs-Lawn Maint. City Hall-CAM 243833 864 TKO WINES,INC Liquor Product Received Prairie View Liquor Store 243150 862 AMERIPRIDE LINEN&APPAREL SERVICES Operating Supplies Fire 244092 847 TKO WINES,INC Liquor Product Received Den Road Liquor Store 1012895 826 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 243340 825 KAISER,DAVID S Operating Supplies Concessions 243163 820 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 1012811 817 WATSON CO INC,THE Merchandise for Resale Concessions 1012841 817 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 243746 814 COMMERCIAL ASPHALT CO Repair&Maint.Supplies Water System Maintenance 243285 813 ANTENNA PLUS LLC Equipment Parts Fleet Operating 243305 813 CRETEX CONCRETE PRODUCTS MIDWEST INC Equipment Parts Storm Drainage 1012718 811 CDW GOVERNMENT INC. Hardware Maintenance IT Operating 1012674 810 INTERSTATE POWER SYSTEMS INC Maintenance Contracts Water Wells 243838 807 UNIVERSAL ATHLETIC SERVICES INC Awards Softball 1012790 801 GRAINGER Supplies-Fire/Life/Safety Utility Operations-General 243261 797 STAPLES ADVANTAGE Office Supplies Customer Service 243823 792 SPIRIT APPAREL AND STUFF Clothing&Uniforms Ice Lessons 1012874 790 BERRY COFFEE COMPANY Merchandise for Resale Concessions 243829 780 TASER TRAINING ACADEMY Tuition Reimbursement/School Police 244020 780 GEPHART ELECTRIC Contract Svcs-Electrical Pool Maintenance 244066 780 NORTON HOMES Reimbursement Escrow 244042 774 KORTERRA,INC OCS-Leak Detection Utility Operations-General 1012938 772 WATSON CO INC,THE Merchandise for Resale Concessions 1012739 771 ST CROIX RECREATION FUN PLAYGRAOUNDS INC Equipment Repair&Maint Park Maintenance 5628 766 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 1012835 766 R&R SPECIALTIES OF WISCONSIN INC Repair&Maint-Ice Rink Ice Arena Maintenance 1012642 765 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment Plant 243199 762 HOFFMAN&MCNAMARA Outside Water Sales Escrow 243962 754 PETTY CASH Mileage&Parking Human Resources 1012901 751 CDW GOVERNMENT INC. Other Hardware IT Operating 243872 750 CROWN CASTLE SERVICES-MIDWEST Developer Fees Escrow 243881 750 FAULK&FOSTER REAL ESTATE INC Developer Fees Escrow 243884 750 FMHC CORPORATION Developer Fees Escrow 243936 750 SBA NETWORK SERVICES,LLC Developer Fees Escrow 1012740 749 STAR TRIBUNE MEDIA COMPANY LLC Office Supplies General Fund 1012682 746 POMP'S TIRE SERVICE INC Tires Fleet Operating 1012690 736 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 1012802 736 PRAIRIE ELECTRIC COMPANY Contract Svcs-Ice Rink Ice Arena Maintenance 243970 734 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Fire 1012922 733 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs-Roof Fire Station#1 243737 729 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 243724 727 ACCELERATED TECHNOLOGIES LLC Operating Supplies Ice Operations 244025 725 HAMLINE UNIVERSITY Dues&Subscriptions Utility Operations-General 1012699 723 BERRY COFFEE COMPANY Merchandise for Resale Concessions 243973 714 ASPEN MILLS Clothing&Uniforms Fire 243236 705 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 1012799 704 MTI DISTRIBUTING INC Other Contracted Services Park Maintenance 244003 700 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 244021 699 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 1012906 697 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant 243308 688 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 1012865 687 TOWMASTER INC Equipment Parts Fleet Operating 1012794 686 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Water Wells 1012746 685 WALL TRENDS INC Other Contracted Services CIP-Leasing Costs 244065 679 NORTH PINE AGGREGATE,INC Gravel Storm Drainage 243182 678 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Police 243217 676 MAROTTA,VIC Instructor Service Lesson Skills Development 243919 675 MUEHLBAUER,THOMAS G Other Contracted Services Community Band 243312 669 E A SWEEN COMPANY Merchandise for Resale Concessions 243221 667 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Concessions 243816 666 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Hall-CAM 243333 664 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 243270 660 WEBBER RECREATIONAL DESIGN INC Equipment Parts Crestwood Park 244100 660 WELSH COMPANIES Other Contracted Services CIP-Leasing Costs 243878 657 EDEN PRAIRIE SCHOOL Printing Halloween Party 243219 650 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating 243799 650 MINNESOTA SAFETY SERVICES LLC Other Contracted Services Pool Lessons 1012656 645 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#5 1012810 638 WALL TRENDS INC Contract Svcs-General Bldg Park Shelters 243897 638 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 1012851 636 IDEAL SERVICE INC Repair&Maint.Supplies Water Treatment Plant 1012639 633 FASTENAL COMPANY Equipment Parts Fleet Operating 243361 631 OLSEN'S EMBROIDERY/COMPANY Safety Supplies Fleet Operating 243201 611 HOPE HAVEN INC Operating Supplies Park Maintenance 1012886 605 PROSOURCE SUPPLY Waste Disposal Fitness/Conference-Cmty Ctr 1012658 603 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 243345 600 LAKE COUNTRY DOOR LLC Maintenance Contracts Public Works/Parks 1012670 595 GOVDELIVERY Equipment Repair&Maint Cable PEG 1012908 595 GOVDELIVERY Equipment Repair&Maint Cable PEG 243853 595 ACCOUNTEMPS Other Contracted Services Community Center Admin 1012838 595 TITAN ENERGY SYSTEMS Contract Svcs-Fire/Life/Sfty City Hall-CAM 1012671 584 GRAINGER Supplies-General Bldg Water Treatment Plant 1012669 583 GINA MARIAS INC Training Supplies Fire 1012741 581 STREICHERS Clothing&Uniforms Police 1012650 579 VAN PAPER COMPANY Cleaning Supplies Pool Maintenance 244045 579 LUBE-TECH ESI Equipment Repair&Maint Fleet Operating 243381 576 TKO WINES,INC Liquor Product Received Den Road Liquor Store 243763 570 FIRE SAFETY USA INC Equipment Repair&Maint Fire 243768 570 GARDEN ROOM FRATELLI'S GARDEN INC,THE Training Supplies Police 243775 560 HEALTHPARTNERS Health&Fitness Fire 1012743 554 TWIN CITY SEED CO Repair&Maint.Supplies Storm Drainage 243202 553 HYDRO-VAC INC Equipment Repair&Maint Sewer System Maintenance 243392 550 BENTLEY LESLIE Building Aquatics&Fitness Expansion 244027 550 HENNEPIN COUNTY VT DEPT Software Maintenance IT Operating 243879 549 EDUCATION AND TRAINING SERVICES Conference/Training Utility Operations-General 1012649 543 THE OASIS GROUP Employee Assistance Organizational Services 243186 537 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 243722 517 ABLE HOSE&RUBBER INC Repair&Maint.Supplies Water Metering 1012769 515 QUALITY PROPANE Equipment Parts Ice Arena Maintenance 1012800 513 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 1012853 504 MENARDS Repair&Maint.Supplies Purgatory Creek Park 243177 500 DRAMATISTS PLAY SERVICE INC Prepaid Expenses General Fund 243789 500 KRAFT TREE SERVICE INC Other Contracted Services Tree Removal Check# Amount Supplier/Explanation Account Description Business Unit Comments 243759 499 EDUCATION AND TRAINING SERVICES Conference/Training Engineering 243237 497 OXYGEN SERVICE COMPANY EMS Supplies Fire 243966 496 ABSOLUTE RAIN INC. Contract Svcs-Lawn Maint. Fire Station#1 1012653 496 ZIEBOL,MATTHEW Dues&Subscriptions Human Resources 243840 495 VESSCO INC Equipment Parts Water Treatment Plant 1012845 493 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1012860 492 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Center Operations 1012761 483 FASTENAL COMPANY Safety Supplies Fleet Operating 244073 481 PITNEY BOWES Postage Customer Service 244069 481 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 1012831 480 MICHAELSON,ELIZABETH H Operating Supplies Summer Theatre 1012770 479 R&R SPECIALTIES OF WISCONSIN INC Contract Svcs-Ice Rink Ice Arena Maintenance 243792 475 LUBE-TECH ESI Equipment Repair&Maint Fleet Operating 1012914 474 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 1012934 472 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 243865 464 CENTURYLINK Wireless Subscription IT Telephone 243984 462 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 1012711 462 VINOCOPIA Liquor Product Received Den Road Liquor Store 1012916 459 MENARDS Safety Supplies Park Maintenance 1012655 458 AMERITRAK Equipment Parts Snow&Ice Control 1012843 457 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 243938 455 SILVER STAR INDUSTRIES Equipment Parts Fleet Operating 243827 450 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 243334 450 INFORMATION POLICY ANALYSIS Tuition Reimbursement/School Police 1012640 447 HACH COMPANY Laboratory Chemicals Water Treatment Plant 1012730 446 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 243836 442 UNIFORMS UNLIMITED Clothing&Uniforms Reserves 243776 440 HEARN,ROBERT A Other Contracted Services Rehab 1012897 439 AMERITRAK Other Contracted Services Snow&Ice Control 1012822 439 CUSTOM HOSE TECH Equipment Parts Fleet Operating 243941 437 SOUTHVIEW DESIGN Outside Water Sales Escrow 243244 430 RECON ROBOTICS Equipment Repair&Maint Police 1012920 423 NUCO2 INC Supplies-Pool Pool Maintenance 243191 423 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 243944 420 ST MARY'S UNIVERSITY Deposits-P&R Refunds Community Center Admin 243890 418 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 243294 417 BROADWAY RENTAL EQUIPMENT CO Equipment Repair&Maint Emergency Preparedness 244012 417 EXECUTIVE OFFICE CONCEPTS,LTD Other Hardware IT Operating 243185 415 FIRE SAFETY USA INC Operating Supplies Fire 243284 404 ANIMAL CARE EQUIPMENT&SVS Operating Supplies Animal Control 243213 397 LES MILLS UNITED STATES TRADING INC Licenses,Permits,Taxes,Fees Fitness Classes 244009 395 EDAM Dues&Subscriptions Economic Development 244101 395 WIN-911 SOFTWARE Software Water Treatment Plant 243317 395 FIRE SAFETY USA INC Protective Clothing Fire 244016 393 FLAHERTYS HAPPY TYME COMPANY Liquor Product Received Prairie Village Liquor Store 243262 392 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 243989 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service 243726 386 ACHIEVEMENT CENTER,THE Repair&Maint.Supplies Utility Operations-General 244033 386 HOPE HAVEN INC Capital Under$25,000 Snow&Ice Control 1012768 385 PROSOURCE SUPPLY Waste Disposal Fitness/Conference-Cmty Ctr 243298 384 CITIES MANAGEMENT Refunds Environmental Education 243809 383 ORGANIX SOLUTIONS Waste Disposal City Center Operations 1012903 373 DAIKIN APPLIED Supplies-HVAC City Hall-CAM 243295 371 CENTURYLINK Telephone IT Telephone 1012877 370 GANDRUD,DAVID Other Contracted Services Fire 1012635 367 BOUNDLESS NETWORK Clothing&Uniforms Facilities Staff 243253 364 SITEONE LANDSCAPE SUPPLY,LLC Operating Supplies Round Lake Check# Amount Supplier/Explanation Account Description Business Unit Comments 1012704 363 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 1012789 362 GRAFIX SHOPPE Autos Police 243158 359 BITUMINOUS ROADWAYS INC Outside Water Sales Escrow 243267 357 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Basketball 1012919 357 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 243818 355 SEWER SERVICES,INC Other Contracted Services Staring Lake 243913 355 MINNESOTA CHIEFS OF POLICE ASSOC Conference/Training Police 1012900 355 BOBBY&STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair&Maint Police 244005 352 DISPLAY SALES Supplies-General Bldg Facilities Staff 243778 350 HOME DEPOT CREDIT SERVICES Supplies-General Bldg Park Shelters 1012759 346 CLAREY'S SAFETY EQUIPMENT Supplies-Fire/Life/Safety Fleet Operating 1012826 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 243828 343 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1012689 340 ULINE Supplies-General Building City Center Operations 1012679 340 METRO SALES INCORPORATED* Equipment Rentals Housing and Community Service 243175 337 DELUXE Bank and Service Charges Den Road Liquor Store 243324 331 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 1012883 331 METROPOLITAN FORD Equipment Parts Fleet Operating 243207 330 JILL SAND CONSULTING Other Contracted Services Organizational Services 243222 328 MIDWEST PLAYSCAPES Equipment Repair&Maint Staring Lake 243385 323 VERIZON WIRELESS Telephone Police 243917 323 MRA-THE MANAGEMENT ASSOCIATION Other Contracted Services Organizational Services 1012824 322 EXTREME BEVERAGE Liquor Product Received Prairie View Liquor Store 244017 321 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 244080 320 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 1012713 320 ADVANCED ENGINEERING&ENVIRONMENTAL SE Other Contracted Services Storm Drainage 1012821 319 CHEMSEARCH Contract Svcs-Ice Rink Ice Arena Maintenance 1012917 319 METRO SALES INCORPORATED* Equipment Rentals IT Operating 243978 319 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 1012676 316 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 243859 313 BAUHAUS BREW LABS,LLC Liquor Product Received Prairie Village Liquor Store 1012772 312 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 243365 310 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating 1012698 307 BATTERIES PLUS Supplies-Fire/Life/Safety Park Shelters 244022 307 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 243781 306 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 243234 300 NELSON AUTO CENTER,INC Autos Police 244018 300 FORECAST PUBLIC ART Other Contracted Services Arts 1012913 298 JANEX INC Janitor Service Prairie Village Liquor Store 243867 297 CINTAS CORPORATION Cleaning Supplies Utility Operations-General 243316 295 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store 243179 294 E A SWEEN COMPANY Merchandise for Resale Concessions 1012652 294 WEEDMAN,NICOLE Mileage&Parking Youth Programs Admin 1012726 289 MENARDS Equipment Parts Park Maintenance 5622 283 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 1012856 283 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 244062 280 MRPA Conference/Training Parks Administration 243842 279 WATER CONSERVATION SERVICES INC OCS-Utility Locates Water System Maintenance 244054 278 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Den Road Liquor Store 243870 278 COMCAST Wireless Subscription IT Operating 1012872 275 ZIEGLER INC Other Rentals Park Maintenance 1012892 275 TEKIELA,STAN Small Tools Outdoor Center 243235 273 OLSEN CHAIN&CABLE Small Tools Facilities Staff 244067 272 OLSEN'S EMBROIDERY/COMPANY Operating Supplies Street Maintenance 5610 269 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 1012795 269 JANEX INC Janitor Service Fire Station#4 1012758 269 CASE,RON Travel Expense City Council Check# Amount Supplier/Explanation Account Description Business Unit Comments 1012926 264 RAYMOND PRODUCTS CO INC Small Tools Facilities Staff 243315 263 EHLERS&ASSOCIATES INC Other Contracted Services Project Fund 1012775 263 WICKSTROM,SHERRY BUTCHER Travel Expense City Council 1012875 261 CARLSTON,BRANDON Training Supplies Police 243800 260 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 243297 260 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 243885 255 GLEWWE DOORS INC Contract Svcs-Gen.Bldg City Center Operations 1012887 254 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 243180 253 EDEN PRAIRIE COMMUNITY EDUCATION Gym Rental Basketball 1012754 252 BATTERIES PLUS Supplies-Electrical Pool Maintenance 243224 250 MINNESOTA STATE FIRE CHIEFS ASSN Conference/Training Fire 243734 247 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 243877 243 E A SWEEN COMPANY Merchandise for Resale Concessions 243771 242 GIBSON ANITA Deposits-P&R Refunds Community Center Admin 243283 241 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 243855 241 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 1012687 241 STREICHERS Clothing&Uniforms Police 243977 240 BCA/CRIMINAL JUSTICE TRAINING&EDUCATIO Tuition Reimbursement/School Police 1012703 239 FLEETPRIDE INC Equipment Parts Fleet Operating 1012702 238 DAILEY DATA&ASSOCIATES Other Contracted Services Prairie Village Liquor Store 243373 236 SITEONE LANDSCAPE SUPPLY,LLC Repair&Maint.Supplies Outdoor Center 243742 234 CINTAS CORPORATION Cleaning Supplies Utility Operations-General 243875 232 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 243313 232 EDEN PRAIRIE NOON ROTARY CLUB Miscellaneous Housing and Community Service 243225 231 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 244029 229 HENNEPIN COUNTY RESIDENT&REAL ESTATE Other Contracted Services Engineering 1012680 227 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 1012834 226 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 243716 225 A&M GROUP INC Clothing&Uniforms Emergency Preparedness 244047 225 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating 243364 224 PINE PRODUCTS INC Building Aquatics&Fitness Expansion 244010 224 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions Fire 1012660 224 RIFFS INC Other Contracted Services Purgatory Creek Park 243760 221 ENKI BREWING COMPANY INC Liquor Product Received Prairie View Liquor Store 1012731 221 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 243263 221 TITAN MACHINERY Equipment Parts Fleet Operating 244084 221 SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk 243953 220 URBAN LAND INSTITUTE Dues&Subscriptions General Fund 243895 219 HOTSY MINNESOTA Equipment Repair&Maint Fleet Operating 1012667 219 FASTSIGNS Printing Art Crawl 243996 219 COMCAST Cable TV Fire 243858 218 BACAL,AGNIESZKA Operating Supplies Outdoor Center 243896 218 HOUSE OF PRINT Printing Community Brochure 1012796 216 KIDCREATE STUDIO Instructor Service Arts Center 244068 215 OUTDOOR ENVIRONMENTS INC Other Contracted Services Pleasant Hill Cemetery 243193 214 HALDEMANN HOMME INC Supplies-Fitness Equip. Fitness/Conference-Cmty Ctr 244013 210 FAST WATER PROMOTIONS LLC Operating Supplies Pool Lessons 243728 210 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 1012644 210 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 1012752 210 AHO,BRAD Travel Expense City Council 243310 209 DIETHELM,LOUIS Travel Expense Police 1012721 205 GINA MARIAS INC Training Supplies Police 1012849 200 FILTRATION SYSTEMS Supplies-HVAC City Center Operations 243850 200 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 244056 200 MINNESOTA DEPT OF LABOR AND INDUSTRY Contract Svcs-Elevator Police City Center 1012881 200 LINDHOLM,HEATHER Tuition Reimbursement/School Fitness Classes 243273 197 WILEY KRISTEN Deposits-P&R Refunds Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 244082 197 SMALL LOT MN Liquor Product Received Den Road Liquor Store 1012765 196 MICHAELSON,ELIZABETH H Operating Supplies Summer Theatre 243782 196 INDUSTRIAL AND RESIDENTIAL LIGHTING INC Repair&Maint.Supplies Water Treatment Plant 243718 195 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 243172 193 CUB FOODS EDEN PRAIRIE Operating Supplies Police 244075 192 PRAHA DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 243161 190 BROCK WHITE COMPANY LLC Landscape Materials/Supp Storm Drainage 243203 190 IAA() Dues&Subscriptions General Fund 243303 190 COMPAS Instructor Service Arts 243841 190 VIERE GRANITE CARVING INC Other Contracted Services Park Acquisition&Development 244035 187 INDUSTRIAL AND RESIDENTIAL LIGHTING INC Equipment Parts Water Treatment Plant 243967 186 ACCOUNTEMPS Other Contracted Services Community Center Admin 243950 184 THE HOME DEPOT @ HOME SERVICES Building Permits General Fund 1012700 184 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 243204 181 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 243352 180 MINNESOTA BD OF PEACE OFFICER STANDARDS Dues&Subscriptions Police 243341 180 KEEPRS INC. Clothing&Uniforms Fire 1012727 179 METRO ELEVATOR INC Contract Svcs-Elevator Fitness/Conference-Cmty Ctr 243184 176 ESPRESSO PARTNERS Cleaning Supplies City Center Operations 244037 176 J H LARSON COMPANY Operating Supplies Park Maintenance 243197 176 HENNEPIN COUNTY TREASURER Licenses&Taxes Park Maintenance 243924 175 OLSEN'S EMBROIDERY/COMPANY Investigation Travel Utility Operations-General 1012879 175 IRMITER,JESSE Tuition Reimbursement/School Police 1012876 172 FASTENAL COMPANY Equipment Parts Park Maintenance 1012634 172 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 243156 171 BAUHAUS BREW LABS,LLC Liquor Product Received Den Road Liquor Store 243166 170 COMCAST Cable TV Fire 1012798 170 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 1012706 169 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 243241 168 PRAHA DISTRIBUTING Liquor Product Received Den Road Liquor Store 243386 168 WAYTEK INC Operating Supplies Park Maintenance 243869 167 COBORNS Merchandise for Resale Concessions 243278 165 WASHINGTON COUNTY COURT ADMIN Deposits Escrow 243319 165 G&K SERVICES-MPLS INDUSTRIAL Other Contracted Services Park Maintenance 1012681 163 NUCO2 INC Supplies-Pool Pool Maintenance 1012921 162 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store 1012708 162 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 1012756 161 BOUNDLESS NETWORK Operating Supplies Community Center Admin 243906 160 LANO EQUIPMENT INC Equipment Parts Fleet Operating 1012716 159 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 243380 158 THYMES TWO INC Contract Svcs-Lawn Maint Arts Center 1012666 157 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 1012720 155 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 243995 154 COMCAST Cable TV Fire 1012855 154 MN SUPPLY Equipment Repair&Maint Fleet Operating 243999 153 COMCAST Equipment Repair&Maint E-911 Program 243767 153 FORMS&SYSTEMS OF MINNESOTA Printing Police 1012863 152 TEE JAY NORTH INC Building Repair&Maint. Prairie Village Liquor Store 243259 152 SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk 243997 151 COMCAST Cable TV Fire 244008 151 EARL F ANDERSEN INC Signs Traffic Signs 243168 150 COMCAST Cable TV Fire 243155 150 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 243157 150 BERG G.L Operating Supplies-Dept Events Fire 243802 150 MSSA Dues&Subscriptions Street Maintenance 244053 150 MIAMA Dues&Subscriptions Ice Operations 1012691 150 USA SECURITY Maintenance Contracts Water Treatment Plant Check# Amount Supplier/Explanation Account Description Business Unit Comments 1012815 150 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Arts Center 1012935 150 USA SECURITY Maintenance Contracts Water Treatment Plant 243214 147 LUBE-TECH ESI Lubricants&Additives Fleet Operating 243974 146 A-Z RESTAURANT EQUIPMENT COMPANY Equipment Parts Fleet Operating 1012777 146 A TO Z RENTAL CENTER Repair&Maint.Supplies Fire 243868 146 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 243196 144 HENNEPIN COUNTY RESIDENT&REAL ESTATE Other Contracted Services Engineering 243744 144 COMCAST Equipment Repair&Maint E-911 Program 243393 143 GOODHUE COUNTY SHERIFF'S DEPT Deposits Escrow 243733 143 BAUHAUS BREW LABS,LLC Liquor Product Received Den Road Liquor Store 243915 143 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 1012866 143 ULINE Office Supplies Police 243976 142 BAUHAUS BREW LABS,LLC Liquor Product Received Prairie Village Liquor Store 5629 142 OPTUM HEALTH Other Contracted Services Health and Benefits 1012801 141 NUCO2 INC Supplies-Pool Pool Maintenance 1012805 141 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 243981 140 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Homeward Hills Park 1012661 138 BOUND TREE MEDICAL LLC EMS Supplies Fire 244090 138 SUMMIT COMPANIES Operating Supplies Fire 1012755 137 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1012844 136 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 243951 136 TKO WINES,INC Liquor Product Received Prairie View Liquor Store 243876 134 DOMACE VINO Liquor Product Received Prairie View Liquor Store 5603 134 OPTUM HEALTH Other Contracted Services Health and Benefits 243991 133 CINTAS CORPORATION #470 Cleaning Supplies Water Treatment Plant 243998 132 COMCAST Cable TV Fire 1012779 131 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 1012751 130 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Fire Station#3 1012857 128 NUCO2 INC Supplies-Pool Pool Maintenance 244000 128 CUB FOODS EDEN PRAIRIE Operating Supplies Police 244093 127 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police 243250 127 SAPSUCKER FARMS LLC Liquor Product Received Prairie View Liquor Store 5604 125 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 243339 125 JOHNSON,PHILLIP Clothing&Uniforms Police 1012884 122 NESSE,ALYSEN Mileage&Parking Community Development Admin. 243246 120 RICK'S PLUMBING SERVICES LLC Equipment Repair&Maint Water System Maintenance 243254 120 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 243271 120 WELSH COMPANIES Other Contracted Services CIP-Leasing Costs 243719 120 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 243851 120 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1012885 120 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 243243 119 PROP United Way Withheld Health and Benefits 243366 119 PROP United Way Withheld Health and Benefits 243376 116 STAPLES ADVANTAGE Office Supplies Customer Service 243343 116 KOCOUREK,JOAN Clothing&Uniforms Police 1012813 115 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 243370 115 SHRED-IT USA Waste Disposal City Center Operations 243264 114 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police 243808 113 OMEGA INDUSTRIES Operating Supplies Park Maintenance 243353 112 MINNESOTA COUNTY ATTORNEYS ASSN Printing Police 244040 111 JOHNSTONE SUPPLY Supplies-Electrical Arts Center 243171 109 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld Health and Benefits 243302 109 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld Health and Benefits 1012737 109 SPRINT Computers IT Operating 1012828 107 LITWIN,KATHY Operating Supplies Arts Center 243898 106 J H LARSON COMPANY Operating Supplies Community Center 243247 106 RINK SYSTEMS INC Repair&Maint-Ice Rink Ice Arena Maintenance Check# Amount Supplier/Explanation Account Description Business Unit Comments 243210 105 KEEPRS INC. Clothing&Uniforms Fire 243720 105 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 243311 103 DIRECTV Cable TV Community Center Admin 243874 103 DIRECTV Other Contracted Services Community Center Admin 243752 103 DB SHOGER&ASSOCIATES LLC Small Tools Fleet Operating 243731 100 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 243774 100 GRUSSING,ARLYN Refunds Environmental Education 243819 100 SHIRLEY VALERIE Other Contracted Services Arts 243933 100 RANA ARUNA Refunds Environmental Education 244032 100 HOKENSON BRADY Refunds Environmental Education 244036 100 IPMA-HR MN Conference/Training Human Resources 244055 100 MINNESOTA 100 CLUB Dues&Subscriptions Fire 1012729 100 MINNESOTA RECREATION&PARK ASSOCIATION Employment Advertising Organizational Services 1012791 100 GRANICUS INC Equipment Repair&Maint Cable PEG 1012806 100 STREICHERS Clothing&Uniforms Police 244095 100 UNIVERSAL ATHLETIC SERVICES INC Awards Touch Football 1012842 99 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#2 243803 99 MURPHY,TRICIA Deposits-P&R Refunds Community Center Admin 243955 98 VALLEY VIEW COOP Refunds Environmental Education 243839 97 VANSICKLE-MCGINTY,PATTI Clothing&Uniforms Police 244049 97 MESSINA PAM Deposits-P&R Refunds Community Center Admin 5607 96 VANCO SERVICES Miscellaneous Community Center Admin 243189 95 GENERAL OFFICE PRODUCTS COMPANY Supplies-General Building City Center Operations 243905 93 KERNS,LORI Employee Award Organizational Services 243342 92 KENDELL DOORS&HARDWARE INC Supplies-Security Fitness/Conference-Cmty Ctr 1012928 92 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Utility Operations-General 243810 91 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 244057 90 MINNESOTA GROUND WATER ASSOCIATION Tuition Reimbursement/School Water Treatment Plant 1012760 90 DAILEY DATA&ASSOCIATES Operating Supplies Prairie View Liquor Store 1012678 87 MENARDS Operating Supplies Park Maintenance 244088 87 STAPLES ADVANTAGE Office Supplies Customer Service 244058 85 MINNESOTA REAL ESTATE JOURNAL Dues&Subscriptions Assessing 1012684 84 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating 243937 84 SELECT COMFORT CORPORATION Operating Supplies Fire 243988 83 CALIFORNIA CONTRACTORS SUPPLIES INC Clothing&Uniforms Utility Operations-General 243329 83 HENNEPIN COUNTY MEDICAL CENTER EMS Supplies Fire 243215 83 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 243174 83 DB SHOGER&ASSOCIATES LLC Small Tools Fleet Operating 243857 83 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 1012709 81 STEEN,JEFFREY Mileage&Parking Park Maintenance 244076 80 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 243164 80 CITY OF BROOKLYN CENTER Conference/Training IT Operating 243824 79 STAPLES ADVANTAGE Office Supplies Customer Service 1012763 78 LINDAHL,DAVID Mileage&Parking Economic Development 243749 78 CUB FOODS EDEN PRAIRIE Training Supplies Police 1012924 77 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating 244061 75 MPELRA Conference/Training Human Resources 243959 75 Z WINES USA LLC Liquor Product Received Prairie Village Liquor Store 1012736 74 PURCHASE POWER Postage Customer Service 1012891 73 STEEN,JEFFREY Mileage&Parking Park Maintenance 243255 72 SMISEK LYNN Clothing&Uniforms Facilities Staff 244086 70 SPORTS PRO LLC Equipment Repair&Maint Police 1012925 70 PURCHASE POWER Postage Customer Service 243762 68 FERGUSON ENTERPRISES INC#1657 Supplies-HVAC Water Treatment Plant 243788 68 KOKAL.CRYSTAL Deposits-P&R Refunds Community Center Admin 1012725 66 JANEX INC Waste Disposal Fire Station#2 244087 65 ST.CROIX PLUBMING&DRAIN CLEANING Mechanical Permits General Fund Check# Amount Supplier/Explanation Account Description Business Unit Comments 243288 65 ASPEN MILLS Clothing&Uniforms Fire 243952 65 UNIFORMS UNLIMITED Clothing&Uniforms Police 243825 62 STATE OF MN DRIVER&VEHICLE SERVICES Miscellaneous DWI Forfeiture 1012837 62 STRONER,ELIZABETH Operating Supplies Police 243309 60 DEPARTMENT OF PUBLIC SAFETY Licenses&Taxes Prairie Village Liquor Store 243628 60 Rostad John Deposits Community Center Admin 243704 60 Wilson Lori J Deposits Community Center Admin 243717 60 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 243730 60 ASSOC OF STATE WETLAND MANAGERS INC Dues&Subscriptions Storm Drainage 1012665 59 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 1012905 59 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 1012825 59 FASTENAL COMPANY Operating Supplies Park Maintenance 243758 59 EDEN PRAIRIE WINLECTRIC Equipment Repair&Maint Traffic Signals 243903 59 JOHNSTONE SUPPLY Supplies-HVAC Public Works/Parks 1012848 58 FASTSIGNS Advertising Community Band 1012890 58 STAR EQUIPMENT INC Equipment Repair&Maint Fleet Operating 1012823 58 DANHAUSER,LINDSEY Operating Supplies Arts Center 1012818 55 BOHNSACK,SUE Mileage&Parking Senior Center Admin 1012744 55 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 1012867 55 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 243266 53 UNITED WAY United Way Withheld Health and Benefits 243382 53 UNITED WAY United Way Withheld Health and Benefits 243176 51 DIRECTV Other Contracted Services Police 244004 51 DIRECTV Other Contracted Services Police 243289 51 AVIAN ACRES Operating Supplies Outdoor Center 1012816 51 BATTERIES PLUS Operating Supplies Den Bldg.-CAM 5609 50 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 243282 50 ALTMANN,GARY Refunds Environmental Education 243854 50 ADESA MPLS Miscellaneous DWI Forfeiture 243860 50 RCA/CRIMINAL JUSTICE TRAINING&EDUCATIO Tuition Reimbursement/School Police 243983 50 BOROSCH,PAUL&KATHIE Refunds Environmental Education 244064 50 NELSON RON Refunds Environmental Education 244060 50 MINNESOTA WANNER COMPANY Equipment Parts Snow&Ice Control 243249 50 ROSEMOUNT SAW&TOOL CO Equipment Repair&Maint Park Maintenance 243883 49 FLEENER TED&LYNN Refunds Environmental Education 243894 49 HOLTE BILL Refunds Environmental Education 243904 49 KAUFFMAN JUANITA Refunds Environmental Education 243911 49 MEYER ARV Refunds Environmental Education 243146 48 440400-NCPERS MINNESOTA PERA Health and Benefits 243173 48 DALE GREEN COMPANY,THE Landscape Materials/Supp Capital Maint.&Reinvestment 243279 48 440400-NCPERS MINNESOTA PERA Health and Benefits 243928 47 PETSMART Canine Supplies Police 243795 46 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 1012788 46 FRONTIER PRECISION INC Repair&Maint.Supplies Engineering 243747 44 CONSTRUCTION MATERIALS INC Building Repair&Maint. Utility Operations-General 243369 43 SCHMIDT,PATRICK L Deposits-P&R Refunds Community Center Admin 1012707 43 R&R SPECIALTIES OF WISCONSIN INC Repair&Maint-Ice Rink Ice Arena Maintenance 1012889 42 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 243960 42 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 1012804 41 QUICKSILVER EXPRESS COURIER Other Contracted Services Parks Administration 1012717 41 BOYER TRUCKS Equipment Parts Fleet Operating 243761 41 EVANS JON Deposits-P&R Refunds Community Center Admin 243322 40 GODIWALLA YAZAD Deposits Community Center Admin 243503 40 Houck Thomas J Deposits Community Center Admin 243527 40 Klescewski Joseph E Deposits Community Center Admin 243528 40 Klescewski Marisa A Deposits Community Center Admin 243551 40 LOCHER ANITA G Deposits Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 243626 40 ROONEY,PAUL&AUDREY Deposits Community Center Admin 243648 40 SHRESTHA,SHRUTI Deposits Community Center Admin 243923 40 OLMSTEAD,JACKIE L Deposits Community Center Admin 244071 40 Peterson Margorie D Deposits Community Center Admin 243745 39 COMCAST Other Contracted Services Police 243815 39 PRAIRIE LAWN AND GARDEN Equipment Parts Park Maintenance 243159 38 BLACK&DECKER,U S INC Equipment Repair&Maint Senior Center Programs 243945 37 STAPLES ADVANTAGE Office Supplies Police 244063 36 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police 243769 35 GARELICK STEEL CO INC Equipment Repair&Maint Round Lake 1012753 35 AMERICAN SOLUTIONS FOR BUSINESS Operating Supplies Theatre Initiative 1012803 34 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating 1012933 34 UPS Deposits IT Operating 243323 33 GOPHER PERFORMANCE Operating Supplies Fitness Classes 243160 32 Blomberg Judtih Deposits General Fund 243336 32 JASON,JOSEPH Deposits-P&R Refunds Community Center Admin 243899 32 JASON GREG Deposits-P&R Refunds Community Center Admin 243167 32 COMCAST Wireless Subscription IT Operating 243306 30 CROWN MARKING INC Licenses&Taxes Police 243272 30 WETLAND PROFESSIONALS ASSOCIATION Dues&Subscriptions Storm Drainage 244034 29 HOTSY MINNESOTA Equipment Repair&Maint Fleet Operating 244098 29 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 1012735 28 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating 243994 27 COMCAST Cable TV Fire 243835 27 TRUE FABRICATIONS Liquor Product Received Den Road Liquor Store 244089 26 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 243223 25 MINNESOTA CHAPTER OF APA Employment Advertising Organizational Services 243438 25 Devitt Nancy M Deposits Community Center Admin 243480 25 Goodrich Elizabeth A Deposits Community Center Admin 243536 25 Krulik Jeffrey R Deposits Community Center Admin 243562 25 MARZINSKE JULIE Deposits Community Center Admin 243581 25 MOULDER,ROBERT&SHARI Deposits Community Center Admin 243596 25 Nyren Amy E Deposits Community Center Admin 243668 25 Swanson Bruce L Deposits Community Center Admin 243971 25 APPLIANCE OUTLET CENTER Waste Disposal Police City Center 1012833 24 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr 243230 24 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police 1012638 24 DAILEY DATA&ASSOCIATES Operating Supplies Den Road Liquor Store 243154 22 AT&T MOBILITY Postage Park Maintenance 243939 22 SITEONE LANDSCAPE SUPPLY,LLC Repair&Maint.Supplies Senior Center 243165 21 CLEAN N PRESS MTKA Clothing&Uniforms Police 243946 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 243826 21 STERLING FENCE INC Building Repair&Maint. Utility Operations-General 243347 20 LEJCHER BRENT M Deposits Community Center Admin 243394 20 ADAMS,THOMAS&MAUREEN Deposits Community Center Admin 243395 20 Ahmed Farhan Deposits Community Center Admin 243396 20 Altmann Gina Deposits Community Center Admin 243397 20 ANDERSON EILEEN F Deposits Community Center Admin 243398 20 Anderson Joan C Deposits Community Center Admin 243399 20 Anderson Martha Deposits Community Center Admin 243400 20 ASTBURY IAN R Deposits Community Center Admin 243401 20 BARNES ALISON Deposits Community Center Admin 243402 20 BARNES LUKE Deposits Community Center Admin 243403 20 Bent Brian R Deposits Community Center Admin 243404 20 Bent Dana S Deposits Community Center Admin 243405 20 Berthold Maureen S Deposits Community Center Admin 243406 20 BIENKOWSKI,CAMMI Deposits Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 243407 20 Bilse Gerald Deposits Community Center Admin 243408 20 Bird Daniel Deposits Community Center Admin 243409 20 Bootsma Jan R Deposits Community Center Admin 243410 20 Borgman Pam Deposits Community Center Admin 243411 20 BOWMAN MARISA Deposits Community Center Admin 243412 20 BRANDT,ANDRIA Deposits Community Center Admin 243413 20 BRECHIN JASON Deposits Community Center Admin 243414 20 BRETHORST BRITTANY R Deposits Community Center Admin 243415 20 Brogan Matthew S Deposits Community Center Admin 243416 20 Brogan Victoria T Deposits Community Center Admin 243417 20 BROOKS,SARAH Deposits Community Center Admin 243418 20 Brown Paul J Deposits Community Center Admin 243419 20 Burton Bradley Deposits Community Center Admin 243420 20 Burton Heather Deposits Community Center Admin 243421 20 CAMPBELL,MARY Deposits Community Center Admin 243422 20 Carlson John C Deposits Community Center Admin 243423 20 Carlson June L Deposits Community Center Admin 243424 20 CARRANE WHITNEY T Deposits Community Center Admin 243425 20 Casanova Diane F Deposits Community Center Admin 243426 20 Casanova Michael J Deposits Community Center Admin 243427 20 Case Richard L Deposits Community Center Admin 243428 20 CHABIN,ERIC Deposits Community Center Admin 243429 20 CISNEROS CECILIA Deposits Community Center Admin 243430 20 Claus Robert Deposits Community Center Admin 243431 20 COX KATHERINE Deposits Community Center Admin 243432 20 Cregg Wendy Deposits Community Center Admin 243433 20 Croes Charles D Deposits Community Center Admin 243434 20 Croes Nancy J Deposits Community Center Admin 243435 20 Curry Jennifer B Deposits Community Center Admin 243436 20 DAVIS,JOHN&DONNA Deposits Community Center Admin 243437 20 DEANE,DEIRDRE Deposits Community Center Admin 243439 20 DIEDRICH,PATRICK Deposits Community Center Admin 243440 20 DiGiacomo Jacqueline D Deposits Community Center Admin 243441 20 Ding Jane Deposits Community Center Admin 243442 20 Dockery Laura Deposits Community Center Admin 243443 20 DORSEN DINAH Deposits Community Center Admin 243444 20 Dover Julie A Deposits Community Center Admin 243445 20 DRIESLEIN ROBERT Deposits Community Center Admin 243446 20 DUKART,CARLETTA Deposits Community Center Admin 243447 20 Eidem Kris Deposits Community Center Admin 243448 20 ELHARD KRISIT L Deposits Community Center Admin 243449 20 Elieff Chryle Deposits Community Center Admin 243450 20 Enger Stacy L Deposits Community Center Admin 243451 20 Ericson Gail M Deposits Community Center Admin 243452 20 Ericson Kenneth J Deposits Community Center Admin 243453 20 ERISGEN,AMANDA Deposits Community Center Admin 243454 20 Ertman Lori K Deposits Community Center Admin 243455 20 EVEN LYNETTE Deposits Community Center Admin 243456 20 Fagerstrom Francis D Deposits Community Center Admin 243457 20 Fagerstrom Marcia B Deposits Community Center Admin 243458 20 FALTINSON,JULILE Deposits Community Center Admin 243459 20 Finelli Sheryl J Deposits Community Center Admin 243460 20 Firdaus Shadabi Deposits Community Center Admin 243461 20 Fisher Scott Deposits Community Center Admin 243462 20 FISHER,NANCY Deposits Community Center Admin 243463 20 Focken Randy S Deposits Community Center Admin 243464 20 Foote Christopher Deposits Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 243465 20 Forsberg Janice M Deposits Community Center Admin 243466 20 Frances Cathy J Deposits Community Center Admin 243467 20 Franzen Roxanne Deposits Community Center Admin 243468 20 Gabbert Barbara L Deposits Community Center Admin 243469 20 Gaebel Cheryl Deposits Community Center Admin 243470 20 Gailloux Mark J Deposits Community Center Admin 243471 20 Gasner Daniel J Deposits Community Center Admin 243472 20 Gasner Kris A Deposits Community Center Admin 243473 20 Geis Kendall D Deposits Community Center Admin 243474 20 Geis Lisa M Deposits Community Center Admin 243475 20 Gilje Curtis P Deposits Community Center Admin 243476 20 GODIWALLA YAZAD Deposits Community Center Admin 243477 20 Goergen David M Deposits Community Center Admin 243478 20 Gooding Patricia Deposits Community Center Admin 243479 20 Gooding William Deposits Community Center Admin 243481 20 Goodwin Barbara Deposits Community Center Admin 243482 20 Goodwin Bruce Deposits Community Center Admin 243483 20 Gorski Sarah L Deposits Community Center Admin 243484 20 Grant Robert C Deposits Community Center Admin 243485 20 Grundmayer Julie Deposits Community Center Admin 243486 20 GUNDERSON DEBRA A Deposits Community Center Admin 243487 20 Guttman Joseph E Deposits Community Center Admin 243488 20 HALL SHELLEY L Deposits Community Center Admin 243489 20 HALLSON,LINDA Deposits Community Center Admin 243490 20 Handahl Lukas H Deposits Community Center Admin 243491 20 HARRIS,KARIN M Deposits Community Center Admin 243492 20 HARRIS,ROBERT&KARIN Deposits Community Center Admin 243493 20 Heggestad Darlene A Deposits Community Center Admin 243494 20 HEGLAND LOIS Deposits Community Center Admin 243495 20 Herzog Jonathan J Deposits Community Center Admin 243496 20 Hiller Pamela S Deposits Community Center Admin 243497 20 Hipps Carol T Deposits Community Center Admin 243498 20 Hipps Merrimon T Deposits Community Center Admin 243499 20 Ho Wang Y Deposits Community Center Admin 243500 20 Hoffer Linda Deposits Community Center Admin 243501 20 Holden Charles S Deposits Community Center Admin 243502 20 HOLT LETITIA K Deposits Community Center Admin 243504 20 Hovey Nancy Deposits Community Center Admin 243505 20 Hubbard Rose L Deposits Community Center Admin 243506 20 Hupp Susan Deposits Community Center Admin 243507 20 HUSSEY VICTORIA M Deposits Community Center Admin 243508 20 HUWAITAT,ATALLAH Deposits Community Center Admin 243509 20 ISELIN JESSICA A Deposits Community Center Admin 243510 20 Jayasuriya Krishanthi K Deposits Community Center Admin 243511 20 Jayasuriya Lawrence Deposits Community Center Admin 243512 20 JEDLICKI DARLENE Deposits Community Center Admin 243513 20 Jefferson Michael A Deposits Community Center Admin 243514 20 Jefferson Sheila K Deposits Community Center Admin 243515 20 Johnson Justin Deposits Community Center Admin 243516 20 Johnson Michael P Deposits Community Center Admin 243517 20 JOHNSON STACEY L Deposits Community Center Admin 243518 20 Johnson William R Deposits Community Center Admin 243519 20 JOHNSTON,PHYLLIS Deposits Community Center Admin 243520 20 Jorgenson Michelle H Deposits Community Center Admin 243521 20 Josephson Nancy L Deposits Community Center Admin 243522 20 Kauls Nichole L Deposits Community Center Admin 243523 20 Keesling Linda K Deposits Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 243524 20 KHATTAK AYESHA Deposits Community Center Admin 243525 20 KIRCHOFF,CATHLEEN Deposits Community Center Admin 243526 20 KIRWIN PAUL S Deposits Community Center Admin 243529 20 KLINE SALLY Deposits Community Center Admin 243530 20 KNAPP BYRON Deposits Community Center Admin 243531 20 KNIGHT THOMAS Deposits Community Center Admin 243532 20 KOSTELIZ,ANGELA Deposits Community Center Admin 243533 20 Kothari Sudha Deposits Community Center Admin 243534 20 KOTHURI PRAMOD Deposits Community Center Admin 243535 20 Kotonias Kendra J Deposits Community Center Admin 243537 20 Kruse Linda L Deposits Community Center Admin 243538 20 Kruse Timothy P Deposits Community Center Admin 243539 20 Larsen Lloyd R Deposits Community Center Admin 243540 20 Lasinker Edward M Deposits Community Center Admin 243541 20 LAWRENCE KARI Deposits Community Center Admin 243542 20 Legand Paula J Deposits Community Center Admin 243543 20 LEHMAN JOSEPH W Deposits Community Center Admin 243544 20 LEHNE,KELLY M Deposits Community Center Admin 243545 20 LEITER ANN Deposits Community Center Admin 243546 20 LEJCHER BRENT M Deposits Community Center Admin 243547 20 Lesnau Jerry Deposits Community Center Admin 243548 20 Lesnau Mary E Deposits Community Center Admin 243549 20 Lind Debra E Deposits Community Center Admin 243550 20 Link Kathy R Deposits Community Center Admin 243552 20 Lonning Julianne M Deposits Community Center Admin 243553 20 Lonning Richard B Deposits Community Center Admin 243554 20 Lux Paul A Deposits Community Center Admin 243555 20 Maalim Fukhrudin Deposits Community Center Admin 243556 20 MacPhail Stephanie L Deposits Community Center Admin 243557 20 MADSEN,BARBARA Deposits Community Center Admin 243558 20 Mannes Crystal D Deposits Community Center Admin 243559 20 Marble Kimberly Deposits Community Center Admin 243560 20 Markovich Diane J Deposits Community Center Admin 243561 20 Marty Bridget M Deposits Community Center Admin 243563 20 MCCANN KATHLEEN Deposits Community Center Admin 243564 20 McCanna Mary Deposits Community Center Admin 243565 20 McCarty Carla P Deposits Community Center Admin 243566 20 McDaniel Christina A Deposits Community Center Admin 243567 20 MCNAB,JAMES Deposits Community Center Admin 243568 20 MIDDENDORF,JOHN AND LINDA Deposits Community Center Admin 243569 20 Mikkelson Ann Marie Deposits Community Center Admin 243570 20 MIKKELSON,SCOTT Deposits Community Center Admin 243571 20 MILBRATH KYLE S Deposits Community Center Admin 243572 20 MILLER BETTY Deposits Community Center Admin 243573 20 Miller Maria L Deposits Community Center Admin 243574 20 Miller Timothy R Deposits Community Center Admin 243575 20 MILLNER CHAD A Deposits Community Center Admin 243576 20 MOE JOHN P Deposits Community Center Admin 243577 20 MONTGOMERY,FINLEY Deposits Community Center Admin 243578 20 MOORE THERESA Deposits Community Center Admin 243579 20 MORGAN RICHARD Deposits Community Center Admin 243580 20 MORGAN STACY Deposits Community Center Admin 243582 20 MUSTAFOFF-BRECHIN MEGAN Deposits Community Center Admin 243583 20 NASLUND JENNIFER Deposits Community Center Admin 243584 20 Natal Stacy W Deposits Community Center Admin 243585 20 NATHI SOLOMON R Deposits Community Center Admin 243586 20 Nauman Thomas C Deposits Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 243587 20 NAVARRO-HAUGH LIDIA Deposits Community Center Admin 243588 20 Nehl James M Deposits Community Center Admin 243589 20 NELSON,KAREN Deposits Community Center Admin 243590 20 Nemec Darla J Deposits Community Center Admin 243591 20 Nicholls Jane A Deposits Community Center Admin 243592 20 Nicholls Kenneth Deposits Community Center Admin 243593 20 NOCTON DAVID J Deposits Community Center Admin 243594 20 Noel Claudia Deposits Community Center Admin 243595 20 Noel Richard J Deposits Community Center Admin 243597 20 Oen Robert E Deposits Community Center Admin 243598 20 OERTEL BEN Deposits Community Center Admin 243599 20 OERTEL JILL M Deposits Community Center Admin 243600 20 O'Leary Holly M Deposits Community Center Admin 243601 20 OLSON CHELSEA Deposits Community Center Admin 243602 20 OLSON MARY Deposits Community Center Admin 243603 20 Ordorff Kelly Deposits Community Center Admin 243604 20 ORROCK JAMES E Deposits Community Center Admin 243605 20 OSTENSON,LISA Deposits Community Center Admin 243606 20 PANKRATZ,KAREN Deposits Community Center Admin 243607 20 PAUL,KIMBERLY Deposits Community Center Admin 243608 20 Paulsen Ann M Deposits Community Center Admin 243609 20 Pena Carrie Deposits Community Center Admin 243610 20 Peters Calvin P Deposits Community Center Admin 243611 20 PETERSON KATIE Deposits Community Center Admin 243612 20 PETROSKI,RENEE Deposits Community Center Admin 243613 20 PLEWKA MARK Deposits Community Center Admin 243614 20 RAMETTE,JIM Deposits Community Center Admin 243615 20 RAMLO,SCOTT Deposits Community Center Admin 243616 20 Rao Mamatha Deposits Community Center Admin 243617 20 Reinhardt-Sondrall Linda Deposits Community Center Admin 243618 20 Riegert Desiree Deposits Community Center Admin 243619 20 Riggs Kristy Deposits Community Center Admin 243620 20 Ringquist Anne L Deposits Community Center Admin 243621 20 Ringquist Johnathan J Deposits Community Center Admin 243622 20 Rislove Ross A Deposits Community Center Admin 243623 20 Robshaw Allison C Deposits Community Center Admin 243624 20 ROCHFORD JOHN D Deposits Community Center Admin 243625 20 Roisman Glenn Deposits Community Center Admin 243627 20 Rosch George Deposits Community Center Admin 243629 20 ROTH,ERIC Deposits Community Center Admin 243630 20 RUIZ NORMA Deposits Community Center Admin 243631 20 Santibanez Maria Deposits Community Center Admin 243632 20 SARMA NAMITA Deposits Community Center Admin 243633 20 Saunders Greg Deposits Community Center Admin 243634 20 Scaman Samantha E Deposits Community Center Admin 243635 20 SCHASER SARAH K Deposits Community Center Admin 243636 20 Schlundt John Deposits Community Center Admin 243637 20 Schmidt Janet M Deposits Community Center Admire 243638 20 Schmidt Karen E Deposits Community Center Admin 243639 20 Schmidt Michael N Deposits Community Center Admin 243640 20 Schmidt Rachel Deposits Community Center Admin 243641 20 Schumacher Lana Deposits Community Center Admin 243642 20 Sexton Larra Deposits Community Center Admin 243643 20 Shah Vanita Deposits Community Center Admin 243644 20 Sheley Jeff W Deposits Community Center Admin 243645 20 SHEN,XIAOJIAN Deposits Community Center Admin 243646 20 Shonts Lynne B Deposits Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 243647 20 Shrestha Rinku Deposits Community Center Admin 243649 20 SINGH RAJEEV Deposits Community Center Admin 243650 20 Slaton Chandler Deposits Community Center Admin 243651 20 Soderberg Cathy Deposits Community Center Admin 243652 20 Soderberg Scott Deposits Community Center Admin 243653 20 Solem Nancy A Deposits Community Center Admin 243654 20 Solem Thomas A Deposits Community Center Admin 243655 20 SORENSON CYNTHIA Deposits Community Center Admin 243656 20 SPHATT,LISA Deposits Community Center Admin 243657 20 Sprague Linda M Deposits Community Center Admin 243658 20 STAPLES MARY Deposits Community Center Admin 243660 20 Stender Scott F Deposits Community Center Admin 243661 20 Stevens Brian W Deposits Community Center Admin 243662 20 Stewart Charles C Deposits Community Center Admin 243663 20 Stokfisz Michael R Deposits Community Center Admin 243664 20 STOVER,DAWN Deposits Community Center Admin 243665 20 Straub Garret Deposits Community Center Admin 243666 20 STROM ELAINE C Deposits Community Center Admin 243667 20 SUNDELL PAUL D Deposits Community Center Admin 243669 20 SWARTOUT,CYNTHIA Deposits Community Center Admin 243670 20 SWEET JARED Deposits Community Center Admin 243671 20 Syverson Harlan A Deposits Community Center Admin 243672 20 Taylor Angela Deposits Community Center Admin 243673 20 Truax Carol J Deposits Community Center Admin 243674 20 Tsuchiya Cheral M Deposits Community Center Admin 243675 20 Tuck Julie R Deposits Community Center Admin 243676 20 Turk Douglas A Deposits Community Center Admin 243677 20 Udupa Alaya R Deposits Community Center Admin 243678 20 Udupa Padmini S Deposits Community Center Admin 243679 20 Unke Reid L Deposits Community Center Admin 243680 20 Urbanski Jennifer L Deposits Community Center Admin 243681 20 Urbanski John A Deposits Community Center Admin 243682 20 Vaala Evan Deposits Community Center Admin 243683 20 Vaala Kathryn J Deposits Community Center Admin 243684 20 VanLangendon Jeffrey R Deposits Community Center Admin 243685 20 Veldkamp Barbara K Deposits Community Center Admin 243686 20 Veldkamp Dean E Deposits Community Center Admin 243687 20 Veldkamp Lucas D Deposits Community Center Admin 243688 20 Vlasaty Jennifer Deposits Community Center Admin 243689 20 VLASATY,TY&JENNIFER Deposits Community Center Admin 243690 20 Vortherms Kelly Deposits Community Center Admin 243691 20 Wang Chuanfeng A Deposits Community Center Admin 243692 20 Waters-McCabe Terese Deposits Community Center Admin 243693 20 Weber Frank J Deposits Community Center Admin 243694 20 Weber Jeffrey W Deposits Community Center Admin 243695 20 Weber Julie Deposits Community Center Admin 243696 20 Weber Mark A Deposits Community Center Admin 243697 20 Weber Mary Jane Deposits Community Center Admin 243698 20 Weber Roma G Deposits Community Center Admin 243699 20 WELCH TERESA Deposits Community Center Admin 243700 20 Wenzel Patricia Deposits Community Center Admin 243701 20 Wiese Kimberly K Deposits Community Center Admin 243702 20 WILLIAMS CHRYSANTHI Deposits Community Center Admin 243703 20 Williams Kenneth A Deposits Community Center Admin 243705 20 WITTE,PAMELA Deposits Community Center Admin 243706 20 Woodard Dale Deposits Community Center Admin 243707 20 WORUM SHANNON Deposits Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 243708 20 Wroblewski JoAnn Deposits Community Center Admin 243709 20 YELLAMBALLA PRAGNYA Deposits Community Center Admin 243710 20 YERKS CHRISTI Deposits Community Center Admin 243711 20 YILEK DEBORAH A Deposits Community Center Admin 243712 20 Zhuang Xuelin Deposits Community Center Admin 243713 20 Ziebol Colleen A Deposits Community Center Admin 243714 20 ZIMPELMAN ALICE L Deposits Community Center Admin 243715 20 Zuppan Paul M Deposits Community Center Admin 243751 20 DAKOTA COUNTY ADMINISTRATION CENTER Licenses&Taxes Police 243862 20 Berthold Maureen S Deposits Community Center Admin 243864 20 Brown Thomas D Deposits Community Center Admin 243866 20 CHAWLA,MADHU Deposits Community Center Admin 243873 20 DiGiacomo Jacqueline D Deposits Community Center Admin 243920 20 Murdo Monica B Deposits Community Center Admin 243921 20 Myers Marcy Deposits Community Center Admin 243922 20 Nickel Jane G Deposits Community Center Admin 243925 20 OLSON CHELSEA Deposits Community Center Admin 243949 20 Taylor Angela Deposits Community Center Admin 243987 20 Bryan Emily P Deposits Community Center Admin 244006 20 DORSEN DINAH Deposits Community Center Admin 244023 20 GRAVELLE CHARLIE E Deposits Community Center Admin 1012797 18 MENARDS Operating Supplies Park Maintenance 243935 16 RIFFS SMOKEHOUSE,INC Merchandise for Resale Concessions 243307 16 CUB FOODS EDEN PRAIRIE Training Supplies Police 243659 15 Stender Patricia C Deposits Community Center Admin 243367 15 READ,CYNTHIA Deposits-P&R Refunds Community Center Admin 243357 15 NIKOLAI LYNAE Deposits-P&R Refunds Community Center Admin 243269 14 WAYTEK INC Repair&Maint.Supplies Sewer Liftstation 243918 13 MSC INDUSTRIAL SUPPLY CO INC Repair&Maint.Supplies Water Treatment Plant 1012764 12 METROPOLITAN FORD Equipment Parts Fleet Operating 243964 12 KEADING HEATHER Deposits Escrow 243992 11 CLEAN N PRESS MTKA Clothing&Uniforms Police 243346 10 LEHNE,KELLY M Deposits-P&R Refunds Community Center Admin 243226 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 243766 10 FLYING CLOUD PROPERTY MANAGEMENT Deferred Revenue General Fund 244059 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 244015 9 FISERV INC Bank and Service Charges Water Accounting 244041 8 KEEPRS INC. Clothing&Uniforms Police 243735 7 BLACK&DECKER,U S INC Repair&Maint.Supplies Water Treatment Plant 243301 6 COMCAST Cable TV Fire 243980 5 BLACK&DECKER,U S INC Equipment Parts Water Treatment Plant 243383 4 UNIVERSAL ATHLETIC SERVICES INC Equipment Repair&Maint Police 243993 2 COMCAST Other Contracted Services Police 9,092,032 Grand Total City of Eden Prairie Purchasing Card Payment Report 1/5/16 Amount Explanation Vendor Account Description Business Unit 30 US-taxi NLC conf TAXI Travel Expense City Council 42 US-shop tools MENARDS Small Tools Park Maintenance 17 US-playgrounds MENARDS Equipment Repair&Maint Rice Marsh Lake Park 15 US-trail rest HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance -198 US-trails MUSTARD SEED Landscape Materials/Supp Capital Maint.&Reinvestment -38 US-trails MUSTARD SEED Landscape Materials/Supp Capital Maint.&Reinvestment 620 US-trails MUSTARD SEED Landscape Materials/Supp Capital Maint.&Reinvestment 269 US-trails HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Capital Maint.&Reinvestment 150 US-mouse bait MILLS FLEET FARM Operating Supplies Purgatory Creek Park 24 US-EPCC pots MENARDS Operating Supplies Community Center 5 US-for truck 443 MENARDS Operating Supplies Park Maintenance 104 US-EPCC pots BACHMANS CREDIT DEPT Operating Supplies Community Center 193 US-parts AMAZON.COM Equipment Parts Fleet Operating -91 US-return AMAZON.COM Equipment Parts Fleet Operating 501 US-spotlight for new vehicle UNITY MANUFACTURING Autos Police 250 US-training MINNESOTA STATE FIRE CHIEFS AS Conference/Training Fire 343 US-lodging COMFORT INN Travel Expense Fire 9 US-supplies MARSHALLS Operating Supplies Fire 32 US-pop/coffee WALMART COMMUNITY Operating Supplies Senior Center Admin 145 US-tickets MINNESOTA ORCHESTRAL ASSOCIAT Special Event Fees Trips 7 US-drivers safety class WALGREEN'S#5080 Operating Supplies Senior Center Programs 11 US-fall lunch supplies WALMART COMMUNITY Special Event Fees Senior Center Programs 15 US-workshop supplies PARTSWAREHOUSE.COM Equipment Repair&Maint Senior Center Programs 130 US-special event party supplie PARTY CITY Special Event Fees Senior Center Programs 10 US-woodshop supplies AMAZON.COM Capital Under$25,000 Senior Center Programs 641 US-fall lunch ANNIE'S CAFE Special Event Fees Senior Center Programs 255 US-charitable giving TARGET Employee Award Organizational Services 151 US-coffee COFFEE WHOLESALE Operating Supplies Senior Center Programs 3 US-chili cook off DOLLAR TREE STORES,INC. Operating Supplies Internal Events 2 US-supplies DOLLAR TREE STORES,INC. Operating Supplies Senior Center Admin 31 US-kitchen supplies AMAZON.COM Operating Supplies Senior Center Admin 12 US-fall lunch supplies TARGET Special Event Fees Senior Center Programs 18 US-chili cook off TARGET Operating Supplies Internal Events 33 US-cookies/napkins KOWALSKI'S MARKET Operating Supplies Senior Center Programs 9 US-paint supplies MENARDS Operating Supplies Park Maintenance 143 US-shop supplies NORTHERN TOOL&EQUIPMENT Repair&Maint.Supplies Water System Maintenance 43 US-shop supplies MENARDS Repair&Maint. Supplies Water System Maintenance 178 US-paper towels/batteries MENARDS Equipment Repair&Maint Utility Operations-General 60 US-taxi NLC conf AMERICAN TOWN CAR SERVICE Travel Expense City Council 31 US-taxi NLC conf TAXI Travel Expense City Council 558 US-open house AM CONSERVATION GROUP Repair&Maint. Supplies Utility Operations-General 8 US-supplies MENARDS Repair&Maint. Supplies Water Treatment Plant 25 US-supplies MENARDS Repair&Maint.Supplies Water Wells 139 US-flowers-K Cox CC BACHMANS CREDIT DEPT Deposits Escrow 100 US-supplies CUB FOODS EDEN PRAIRIE Operating Supplies Fire Amount Explanation Vendor Account Description Business Unit 78 US-food PANERA BREAD Operating Supplies Fire 139 US-signage SIGN ZONE INC Operating Supplies Fire 32 US-supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Fire 76 US-supplies AMAZON.COM Operating Supplies Fire 25 US-baggage fee DELTA AIR Travel Expense Fire 221 US-rental car ENTERPRISE RENT-A-CAR Travel Expense Fire 114 US-flowers-K Cox CC BACHMANS CREDIT DEPT Deposits Escrow 296 US-lodging MARRIOTT HOTELS Travel Expense Fire 167 US-lodging THE SUITES HOTEL Travel Expense Fire 167 US-lodging THE SUITES HOTEL Travel Expense Fire 167 US-lodging THE SUITES HOTEL Travel Expense Fire 25 US-baggage fee DELTA AIR Travel Expense Fire -13 US-refund MARRIOTT HOTELS Travel Expense Fire 257 US-flowers-K Cox CC BACHMANS CREDIT DEPT Deposits Escrow 41 US-spooky Saturday OFFICE DEPOT CREDIT PLAN Special Event Fees Community Center Admin 117 US-art kit supplies BLICK ART MATERIALS Operating Supplies Arts Center 150 US-APWA conf UNIVERSITY OF MINNESOTA Conference/Training Engineering 245 US-APWA conf UNIVERSITY OF MINNESOTA Conference/Training Engineering 51 US-Op supplies-café MENARDS Operating Supplies Concessions 118 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 124 US-Op supplies-café US FOOD CULINARY EQUIPMENT&S Operating Supplies Concessions 83 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 310 US-Op supplies-café US FOOD CULINARY EQUIPMENT&S Operating Supplies Concessions 51 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 95 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 29 US-café food KOWALSKI'S MARKET Merchandise for Resale Concessions 12 US-café food BYERLYS Merchandise for Resale Concessions 35 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 133 US-Op supplies-café THE WEBSTAURANT STORE Operating Supplies Concessions 67 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 8 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 14 US-batteries MENARDS Repair&Maint.Supplies Water Treatment Plant 22 US-the necessary revolution AMAZON.COM Training Supplies Water Treatment Plant 188 US-conf MANKATO CITY CENTER HOTEL Conference/Training Pool Operations 12 US-conf WOMEN IN LEISURE SERVICES Conference/Training Community Center Admin 60 US-special event CUB FOODS EDEN PRAIRIE Special Event Fees Community Center Admin 5 US-parking for meeting STANDARD PARKING Mileage&Parking Fire 5 US-MSFCA parking STANDARD PARKING Mileage&Parking Fire 5 US-MSFCA parking STANDARD PARKING Mileage&Parking Fire 52 US-MSFCA conf ESKO LITTLE STORE Operating Supplies Fire 495 US-MSFCA conf THE SUITES HOTEL Conference/Training Fire 5 US-parking for meeting ALLIED PARKING Mileage&Parking Fire 30 US-sr ctr router table ROCKLER WOODWORKING&HARDVb Repair&Maint.Supplies Senior Center 69 US-spooky skate supplies WALMART COMMUNITY Operating Supplies Ice Lessons 23 US-skate lesson halloween WALGREEN'S#5080 Operating Supplies Ice Lessons 360 US-write blocker DIGITAL INTELLIGENCE INC Miscellaneous IT Operating 321 US-apple developer APPLE.COM Miscellaneous IT Operating 14 US-cables MY CABLE MART Miscellaneous IT Operating 128 US-removable media for evidenc MICRO CENTER A/R Computers IT Operating 5 US-USB cable for new write blo MY CABLE MART Computers IT Operating Amount Explanation Vendor Account Description Business Unit 22 US-irrigation MENARDS Repair&Maint.Supplies Park Maintenance 39 US-purgatory MENARDS Operating Supplies Purgatory Creek Park 4 US-miller playground MENARDS Operating Supplies Miller Park 20 US-shop supplies MENARDS Operating Supplies Park Maintenance 135 US-rice marsh signs MENARDS Signs Capital Maint.&Reinvestment 30 US-hockey rink MENARDS Building Materials Capital Maint.&Reinvestment 36 US-winterize top dresser MENARDS Operating Supplies Park Maintenance 14 US-saw blades HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 151 US-toning sticks for classes ZUMBA FITNESS Operating Supplies Fitness Classes 198 US-fit floor equip ORTHOPEDIC PHYSICAL THERAPY Operating Supplies Fitness Center 10 US-fit floor supplies TARGET Operating Supplies Fitness Center 5 US-halloween supplies DOLLAR TREE STORES,INC. Operating Supplies Fitness Classes 543 US-yoga mats YOGAACCESSORIES.COM Operating Supplies Fitness Classes 1,279 US-Jeter CC fraud KAUFMANN MERCANTILE INC Deposits Escrow 161 US-resistance bands SWIMOUTLET.COM Operating Supplies Fitness Classes 5 US-office supplies WALMART COMMUNITY Operating Supplies Fitness Admin. 93 US-herbicide spray bottles BUREAU OF BUSINESS PRACTICE Operating Supplies Park Maintenance 98 US-chainsaw parts/gloves BEISSWENGER'S DO IT BEST HDWE Equipment Repair&Maint Park Maintenance 156 US-candy-halloween TARGET Operating Supplies Special Events(CC) 24 US-spooky Saturday DOLLAR TREE STORES,INC. Operating Supplies Special Events(CC) 61 US-spooky Saturday PARTY CITY Operating Supplies Special Events(CC) 150 US-spooky Saturday ANDON BALLOONS&SIGNS Operating Supplies Special Events(CC) 12 US-spooky Saturday TARGET Operating Supplies Special Events(CC) 14 US-spooky Saturday WALGREEN'S#5080 Operating Supplies Special Events(CC) -27 US-return ANDON BALLOONS&SIGNS Operating Supplies Special Events(CC) 25 US-professional development PAYPAL INC Conference/Training Community Center Admin 15 US-spooky Saturday TARGET Operating Supplies Special Events(CC) 12 US-professional development PAYPAL INC Conference/Training Community Center Admin 200 US-minnesota NATIONAL PUBLIC EMPLOYER LABO.Prepaid Expenses General Fund 74 US-new hire gifts WALMART COMMUNITY Employee Award Organizational Services 6 US-new hire gifts WALMART COMMUNITY Employee Award Organizational Services 4 US-going away/retirement party BYERLYS Employee Award Organizational Services 75 US-dues DOCOMOMO Dues&Subscriptions Heritage Preservation 32 US-for water supply OFFICE DEPOT CREDIT PLAN Operating Supplies Housing and Community Service 3,405 US-Sept 2015 Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 902 US-Sept 2015 Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 266 US-Sept 2015 Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -91 US-Sept 2015 Surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund 40 US-UB recurring PAYPAL INC Bank and Service Charges Utility Operations-General 20 US-epermit web security PAYPAL INC Equipment Repair&Maint IT Operating 92 US-UB online PAYPAL INC Bank and Service Charges Utility Operations-General 84 US-café food KAKOOKIES Merchandise for Resale Concessions 446 US-IEDC Conf HILTON HOTELS Conference/Training Economic Development 22 US-cab IEDC conf TAXI Mileage&Parking Economic Development 20 US-EP Chamber Event PAYPAL INC Conference/Training Economic Development 70 US-AP subscription APBOOKSTORE.COM Dues&Subscriptions Communications 70 US-operating supplies LABEL MASTER Operating Supplies Fleet Operating 19 US-supplies AMAZON.COM Operating Supplies Fire 122 US-fitness area upgrades AMAZON.COM Operating Supplies Utility Operations-General 16 US-acrobat pro subscription ADOBE SYSTEMS Operating Supplies Utility Operations-General Amount Explanation Vendor Account Description Business Unit 260 US-council workshop QDOBA MEXICAN GRILL Miscellaneous City Council 88 US-sunshine fund-T Stowe FORGET ME NOT FLORIST Deposits Escrow 292 US-council workshop LEEANN CHIN Miscellaneous City Council 266 US-NLC Wickstrm SHERATON HOTEL Travel Expense City Council 266 US-NLC Aho SHERATON HOTEL Travel Expense City Council 266 US-NLC Case SHERATON HOTEL Travel Expense City Council 8 US-snacks for meeting TRADER JOES Miscellaneous City Council 88 US-sunshine fund-J Judlin TLF BELLADONNA FLORIST Deposits Escrow 2,420 US-employee recognition gifts HALLMARK Employee Award Internal Events 27 US-computer forensic supplies MICRO CENTER A/R Office Supplies Police 40 US-checked bags SPIRIT AIRLINES Tuition Reimbursement/School Police 56 US-car rental HERTZ Tuition Reimbursement/School Police 45 US-checked bags SPIRIT AIRLINES Tuition Reimbursement/School Police 233 US-lodging MARRIOTT HOTELS Tuition Reimbursement/School Police 43 US-learning book DOWNTOWN RESEARCH AND DEVEU Miscellaneous Community Development Admin. 97 US-games TARGET Operating Supplies Fit Kids Club 34 US-supplies TARGET Operating Supplies Day Care 2,567 US-signs IZONE Signs Capital Outlay Parks 250 US-new drill/tools/parts HOME DEPOT CREDIT SERVICES Small Tools Capital Outlay Parks 14 US-paracord FRATTALLONE'S/MINNETONKA ACE Operating Supplies Fire 19 US-duluth conf-fuel MARATHON OIL Conference/Training Fire 343 US-chief conf COMFORT INN Conference/Training Fire 465 US-VCOS DELTA AIR Conference/Training Fire 67 US-mourning bands PAYPAL INC Clothing&Uniforms Fire 16 US-paracord FRATTALLONE'S/MINNETONKA ACE Operating Supplies Fire 129 US-crew rooms TARGET Other Contracted Services Facilities Capital 41 US-open house lunch SAVOY PIZZA Repair&Maint.Supplies Utility Operations-General 9 US-sickers for hydrant truck MICHAELS-THE ARTS&CRAFTS S Repair&Maint.Supplies Water System Maintenance 6 US-pvc pipe drain-trails MENARDS Repair&Maint.Supplies Storm Drainage 30 US-training TWIN CITIES CHAPTER ARMA Conference/Training Records Management 30 US-training TWIN CITIES CHAPTER ARMA Conference/Training City Clerk 57 US-safety supplies PATTERSON MEDICAL Safety Supplies Pool Operations 54 US- AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 245 US-APWA conf UNIVERSITY OF MINNESOTA Conference/Training Engineering 155 US-UMN/MNDOT SWPPP desig UNIVERSITY OF MINNESOTA Prepaid Expenses General Fund 92 US-pro shop supplies SPORTS WORLD USA INC Merchandise for Resale Concessions 389 US-polycom phone for FS1 AMAZON.COM Operating Supplies IT Telephone 36 US-ipad case-facilities AMAZON.COM Miscellaneous IT Operating 1,099 US-norotx conf-Dan HUTTON HOTEL Conference/Training Utility Operations-General 62 US-cable for smartboard GILMORE GLOBAL Miscellaneous IT Operating 55 US-2x tricolor cartridges-eng AMAZON.COM Equipment Repair&Maint IT Operating 36 US-ipad case-Troy AMAZON.COM Miscellaneous IT Operating 76 US-parts AMAZON.COM Equipment Parts Fleet Operating 75 US-parts BEST BUY Equipment Parts Fleet Operating 222 US-driveway marking stakes AM LEONARD Capital Under$25,000 Snow&Ice Control 218 US-plow markers STAKE MAKERS Capital Under$25,000 Snow&Ice Control 150 US-fall workshop UNIVERSITY OF MINNESOTA Conference/Training Engineering 245 US-APWA conf UNIVERSITY OF MINNESOTA Conference/Training Engineering 35 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 90 US-café food COBORNS Merchandise for Resale Concessions Amount Explanation Vendor Account Description Business Unit 52 US-café food KOWALSKI'S MARKET Merchandise for Resale Concessions 519 US-city center RECYCLE AWAY,LLC Repair&Maint.Supplies City Center Operations 61 US-vacuum breaker PARTSTOWN Repair&Maint.Supplies Fitness/Conference-Cmty Ctr 1,506 US-bike racks DERO BIKE RACK CO Capital Under$25,000 Transportation Fund 60 US-workout supplies ULTIMATEBOD Repair&Maint.Supplies Fire Station#1 163 US-amplifier telco AIRLIFT DOORS INC. Repair&Maint.Supplies Fire Station#5 12 US-training-women in leisure PAYPAL INC Conference/Training Arts Center 12 US-umpire appreciation event WALGREEN'S#5080 Operating Supplies Softball 101 US-umpire appreciation event CRUMB GOURMET DELI Operating Supplies Softball 18 US-umpire appreciation event WALMART COMMUNITY Operating Supplies Softball 25 US-women in leisure membership WOMEN IN LEISURE SERVICES Dues&Subscriptions Athletic Programs Admin 201 US-MAAO conf CRAGUNS Travel Expense Assessing 20 US-signal tools HOME DEPOT CREDIT SERVICES Small Tools Traffic Signals 12 US-training supplies BYERLYS Operating Supplies Street Maintenance 43 US-dispatch book PAYPAL INC Printing Police 245 US-C7 ac DAVANNI'S PIZZA Operating Supplies Police 14 US-reserve calendar CALENDAR WIZ Operating Supplies Reserves 37 US-training earplugs AMAZON.COM Training Supplies Police 14 US-office supplies AMAZON.COM Operating Supplies Police 159 US-annual mtg GANDER MOUNTAIN Training Supplies Police 533 US-elements training HUTTON HOTEL Travel Expense Utility Operations-General 7 US-elements training HUTTON HOTEL Travel Expense Utility Operations-General 45 US-book-training UNIVERSITY OF MINNESOTA,VMC Conference/Training Outdoor Center 6 US-conf parking U OF M PARKING Conference/Training Outdoor Center 6 US-conf parking U OF M PARKING Conference/Training Outdoor Center 715 US-conf/trng U OF M PARKING Conference/Training Outdoor Center 6 US-conf parking U OF M PARKING Conference/Training Outdoor Center 6 US-conf parking U OF M PARKING Conference/Training Outdoor Center 23 US-critter food PETCO Operating Supplies Outdoor Center 11 US-program supplies SEARS EDEN PRAIRIE Operating Supplies Outdoor Center 93 US-crane trip THE MARKETPLACE Program Trips Outdoor Center 18 US-storage bins TARGET Operating Supplies Outdoor Center 18 US-book ends OFFICE DEPOT CREDIT PLAN Office Supplies Outdoor Center 46 US-critter food PETCO Operating Supplies Outdoor Center 15 US-DOT stickers MINNESOTA STATE PATROL Licenses,Permits,Taxes,Fees Fleet Operating 3 US-corks for wine LOWE'S Operating Supplies Wine Club/Events 4 US-corks for wine MENARDS Operating Supplies Wine Club/Events 5 US-corks for wine MENARDS Operating Supplies Wine Club/Events 105 US-mic holders LA POLICE GEAR Equipment Repair&Maint Public Safety Communications 75 US-s4 duty crew rooms AMAZON.COM Equipment Repair&Maint Public Safety Communications 3 US-conf parking STANDARD PARKING Mileage&Parking Community Center Admin 3 US-conf parking STANDARD PARKING Mileage&Parking Community Center Admin 203 US-membership cards ID WHOLESALER Operating Supplies Community Center Admin 218 US-membership card ink cartrid ID WHOLESALER Operating Supplies Community Center Admin 1,425 US-bags for fitness staff LANDS END CORPORATE SALES Clothing&Uniforms Fitness Admin. 375 US-monthly billing NIMBLE SCHEDULE Other Contracted Services Community Center Admin 714 US-food for staff meeting PANERA BREAD Operating Supplies Fitness Admin. 209 US-TZD conf R Kuffel GRANDSTAY OF ST CLOUD Training Supplies Police 592 US-program supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Youth Programs Admin 200 US-annual membership AMERICAN CAMPING ASSOCIATION Dues&Subscriptions Youth Programs Admin Amount Explanation Vendor Account Description Business Unit 19 US-resources AMAZON.COM Operating Supplies Youth Programs Admin 130 US-resources AMAZON.COM Operating Supplies Youth Programs Admin 80 US-webinar AMERICAN CAMPING ASSOCIATION Conference/Training Youth Programs Admin 65 US-N Weedman registration AMERICAN CAMPING ASSOCIATION Conference/Training Youth Programs Admin 80 US-N Minton registration AMERICAN CAMPING ASSOCIATION Conference/Training Therapeutic Rec Admin 120 US-disney live-4 tickets XCEL ENERGY CTR Operating Supplies Special Events&Trips 3 US-MR PA conf parking STANDARD PARKING Mileage&Parking Therapeutic Rec Admin 23 US-adaptive program club 204 TARGET Operating Supplies New Adaptive 9 US-fur ever wild outing WALMART COMMUNITY Operating Supplies New Adaptive 2 US-mtg with macphail ctr STANDARD PARKING Mileage&Parking New Adaptive 60 US-club 204 glee club hallowee BYERLYS Operating Supplies New Adaptive 12 US-leadership dev.Workshop PAYPAL INC Conference/Training Therapeutic Rec Admin 15 US-halloween party club 204 POPPED CORN Operating Supplies New Adaptive 60 US-bank service charge PLUG N PAY Miscellaneous Community Center Admin 78 US-bank service charge PLUG N PAY Bank and Service Charges Community Center Admin 220 US-Bldg Insp conf Svoboda UNIVERSITY OF MINNESOTA Conference/Training Fire 220 US-Albers Bldg insp conf UNIVERSITY OF MINNESOTA Prepaid Expenses General Fund 120 US-R White CC-to be refunded THE SUITES HOTEL Deposits Escrow 514 US-MSFCA-Hanink COMFORT INN Conference/Training Fire 514 US-MSFCA R White COMFORT INN Conference/Training Fire 109 US-emotional survival book E-S PRESS INC Training Supplies Police 145 US-C Staaf trng GRAND VIEW LODGE Tuition Reimbursement/School Police 145 US-A Rohde trng GRAND VIEW LODGE Tuition Reimbursement/School Police 145 US-D Becker trng GRAND VIEW LODGE Tuition Reimbursement/School Police 6,820 US-EMS education HCMC-EMS EDUCATION Tuition Reimbursement/School Police 309 US-R Kapaun lodging SHERATON HOTEL Tuition Reimbursement/School Police 274 US-J Morrow lodging SILVERSMITH HOTEL Tuition Reimbursement/School Police 163 US-R Kapaun lodging SHERATON HOTEL Tuition Reimbursement/School Police 85 US-aiafs trng AIAFS Tuition Reimbursement/School Police 85 US-aiafs trng AIAFS Tuition Reimbursement/School Police 85 US-aiafs trng AIAFS Tuition Reimbursement/School Police 240 US-BCA trng BCA/CRIMINAL JUSTICE TRAINING Tuition Reimbursement/School Police 240 US-BCA trng BCA/CRIMINAL JUSTICE TRAINING Tuition Reimbursement/School Police -163 US-refund-R Kapaun SHERATON HOTEL Tuition Reimbursement/School Police 1,330 US-lodging SILVERSMITH HOTEL Tuition Reimbursement/School Police -240 US-trng refund BCA/CRIMINAL JUSTICE TRAINING Tuition Reimbursement/School Police 287 US-C Streiff lodging COUNTRY INN&SUITES Tuition Reimbursement/School Police 119 US-K9 equip LEERBURG Canine Supplies Police 277 US-K9 equip RAY ALLEN MANUFACTURING CO IN'Canine Supplies Police 69 US-K9 equip RAY ALLEN MANUFACTURING CO IN Canine Supplies Police 80 US-K9 equip RAY ALLEN MANUFACTURING CO IN'Canine Supplies Police 19 US-open house supplies MENARDS Repair&Maint.Supplies Utility Operations-General 80 US-water fill station MENARDS Repair&Maint.Supplies Water System Maintenance 53,352 Report Total CITY COUNCIL AGENDA DATE: SECTION: Appointments January 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.A. Office of City Manager Designation of Official City Newspaper Requested Action Move to: Adopt Resolution designating the Eden Prairie as the official City newspaper for the year 2016. Synopsis This designation is required on an annual basis. The City Attorney determined both newspapers appear qualified under the statue. The Eden Prairie News has been the official newspaper since 2008 and for 27 years prior to 2003. The Sun-Current was the official newspaper from 2003 through 2007. Attachments • Resolution • Eden Prairie News Bid • Sun Current Bid CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION DESIGNATING THE OFFICIAL CITY NEWSPAPER BE IT RESOLVED,by the City Council of the City of Eden Prairie, Minnesota that the Eden Prairie be designated as the official City newspaper for the year 2016. ADOPTED by the City Council of the City of Eden Prairie, on this 5th day of January, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EDEN PRAIRIE EWS December 22,2015 Ms. Kathleen Porta, City Clerk City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344 Dear Ms. Porta, The Eden Prairie News would welcome the opportunity to serve as the city's legal newspaper in 2016. The per-column inch bid rate submitted by the Eden Prairie News is$2.20,which is the same rate paid by the city in 2015. Newspapers can be published with different page sizes and column widths, which may not allow for an exact comparison in bids submitted by various entities.Column width is 1.645 inches.The typeface used in the Eden Prairie News is 7.5 Nimrod, and an estimated 9 lines of type will be printed in every inch published. Please contact us if the city would like assistance in completing cost comparisons with other papers that have submitted bids for the legal newspaper appointment. If appointed the city's legal newspaper, notices submitted by the City of Eden Prairie will be posted on our website, www.edenprairienews.com, free of charge. Should the Eden Prairie News be appointed the city's legal newspaper, e-mailed legals should be sent to: legal@swpub.com. Our deadline is noon Thursday, preceding the next publication date; deadlines usually change during holiday weeks to accommodate press schedules. In the interest of transparency, please note that the Eden Prairie News offices have moved to 1001 Twelve Oaks Center Drive,Wayzata, and is qualified to serve as a Hennepin County publication. Thank you for the opportunity to serve as the City of Eden Prairie's legal newspaper in 2016. Respectfully, William Davi Publish 1001 Twelve Oaks Center Dr.,Wayzata, Minnesota 55391 ■ (952)445-3333 -..1111Iirr • MEDIA December 2015 City of Eden Prairie Ms. Kathleen Porta 8080 Mitchell Road Eden Prairie, MN 55344 Dear Ms. Porta: Please accept the following bid from the Eden Prairie Sun-Current for legal newspaper designation for the City of Eden Prairie. This newspaper is qualified by the State of Minnesota as a legal newspa- per under Minnesota Statutes Section 331A.02, Subd. 1. The following rate structure for legals is effective January 1, 2016: First insertion: $11.50 per column inch Subsequent insertions: $6.25 per column inch Characters per inch: 320 Lines per inch: 9 A notarized affidavit will be provided for each notice published. Additional affidavits are$2.50 each. A$20.00 charge will be assessed on legal notices that require typing. All published legal notices are posted on the Sun-Current website at no additional charge. The Sun-Current is published weekly on Thursdays. The deadline is 2:00 p.m. on Thursday for publication the following Thursday. Please email legal notices to sunlegals@ecm-inc.com. Thank you for considering the Sun-Current as the official newspaper for the City of Eden Prairie for the upcoming year. We appreciate the opportunity to serve the needs of your community. Sincerely, Michael Jetchick Sales Manager 10917 VALLEY VIEW ROAD,EDEN PRAIRIE,MN 55344 • 952-646-2019 • CURRENT.MNSUN.COM CITY COUNCIL AGENDA DATE: SECTION: Appointments January 6, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.B. Resolution Designating the Official Meeting Office of the City Manager Dates, Time and Place for the City of Eden Prairie Council in 2015 and Appointing Acting Mayor Requested Action Move to: Adopt Resolution designating the official meeting dates, time and place for the City of Eden Prairie Council in 2015 and appointing Councilmember the Acting Mayor. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE COUNCIL IN 2016 AND APPOINTING ACTING MAYOR BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota, that they meet on the first and third Tuesdays of each month at 7:00 P.M. in the Eden Prairie City Center Council Chambers, 8080 Mitchell Road, Eden Prairie, MN 55344. Council Workshops will be held at 5:00 P.M. and Open Podiums will be held at 6:30 p.m. prior to regularly scheduled Council meetings. Robert's Rules of Order will prevail; and BE IT RESOLVED, that the only Council meeting in March 2016 will be held on the first Tuesday of the month; and BE IT RESOLVED,that the June Council meeting will be held on the second Tuesday of the month; and BE IT RESOLVED, that the only Council meeting in July and August 2016 will be held on the third Tuesday of the month; and BE IT RESOLVED,that the first meeting of 2017 will be held on January 3; and BE IT FURTHER RESOLVED,that Council Member is hereby appointed to be the Acting Mayor in the absence of the Mayor. ADOPTED by the City Council of the City of Eden Prairie, on this 5th day of January, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Appointments January 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.C. Office of City Manager Resolution Appointing Commissioners to the Eden Prairie Housing and Redevelopment Authority Requested Action MOTION: Move to adopt the resolution appointing City Council Members to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority; and appointing Nancy Tyra-Lukens as Chair; Rick Getschow as Executive Director and as Secretary for calendar year 2016. Synopsis This appointment requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY WHEREAS,the Mayor has the authority to appoint the members of the Eden Prairie Housing and Redevelopment Authority(HRA); and WHEREAS,the Mayor has appointed the members of the Eden Prairie City Council, to- wit: Brad Aho, Sherry Butcher Wickstrom, Ron Case, Kathy Nelson and Nancy Tyra-Lukens, to serve as the commissioners of the Eden Prairie HRA for terms of office concurrent with their terms as members of the Council; and WHEREAS,the Commissioners of the Housing and Redevelopment Authority in and for the City of Eden Prairie (HRA)have authority to make appointments. NOW THEREFORE, BE IT RESOLVED,that the City Council affirms the appointments made for the terms set forth above and hereby appoints Nancy Tyra-Lukens as Chair; Rick Getschow as Executive Director and Council Member Nelson as Secretary of calendar year 2015. ADOPTED,by the City Council of the City of Eden Prairie, on the 5th day of January, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Appointments January 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.D. Resolution Designating the Director and Office of the City Manager Alternate Director to the Suburban Rate Authority Requested Action Move to: Adopt Resolution designating as the Director and as the Alternate Director to the Suburban Rate Authority. Synopsis This resolution requires approval on an annual basis. Public Works Director Robert Ellis served as the Director and Council Member Ron Case served as the alternate to the Suburban Rate Authority in 2015. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY BE IT RESOLVED,that the City Council of the City of Eden Prairie hereby designates as the Director and as the Alternate Director of the Suburban Rate Authority for 2016. ADOPTED,by the City Council of the City of Eden Prairie, on this 5th day of January, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Appointments January 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.E. Office of the City Manager Appointment to the National League of Cities Requested Action Move to: Approve appointment of the Mayor as Delegate and Council Members as Alternates to the National League of Cities. Synopsis This appointment is approved on an annual basis. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.F. Office of the City Manager Appointment to the Municipal Legislative Commission Requested Action Move to: Approve appointment of the Mayor to the Municipal Legislative Commission. Synopsis This appointment is approved on an annual basis. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.G. Office of the City Manager Appointment to the Southwest Cable Commission Requested Action Move to: Approve appointment of to the Southwest Cable Commission. Synopsis This appointment is approved on an annual basis. Council Member Nelson served on the Southwest Cable Commission in 2015. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.H. Office of the City Manager Appointment to the Eden Prairie Community Foundation Requested Action Move to: Approve appointment of to the Eden Prairie Community Foundation. Synopsis This appointment is approved on an annual basis. Council Member Case served on the Eden Community Prairie Foundation in 2015. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.I. Office of the City Manager Appointment to the 1-494 Corridor Commission Requested Action Move to: Approve appointment of to the 1-494 Corridor Commission. Synopsis This appointment is approved on an annual basis. Councilmember Aho has served on the 1-494 Corridor Commission since 2005. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.J. Office of the City Manager Appointment to the City and School Facilities Use Task Force Requested Action Move to: Approve appointment of to the City and School Facilities Use Task Force. Synopsis This appointment is approved on an annual basis. Council Member Butcher Wickstrom has served on the City and School Facilities Use Task Force since 2012. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.K. Jay Lotthammer, Parks and Appointment of Assistant Weed Inspector Recreation Director Requested Action Move to: Appoint Jeff Cordes as Assistant Weed Inspector for the City of Eden Prairie. Synopsis Each year the City of Eden Prairie is requested to appoint an Assistant Weed Inspector for the City under the requirements of Minnesota Statutes, Chapter 18.80 and 18.81. The responsibility of the Assistant Weed Inspector is to enforce the local and state weed ordinances. Jeff Cordes has been doing this inspection work for the past several years, and he is familiar with the City ordinance and state law. Under State Statute, the Mayor is the City Weed Inspector and appointment of an Assistant Weed Inspector thereby relieves the Mayor or City Council of those duties as required by Minnesota State Statute. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.L. Office of the City Manager Appointment to the Fire Relief Association Requested Action Move to: Adopt the resolution appointing and to the Eden Prairie Fire Relief Association. Synopsis State statute states that three municipal trustees are to be appointed to the fire relief association. They must be: • One elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually • The chief of the municipal fire department Council Member Ron Case and Finance Manager Sue Kotchevar have served on the Fire Relief Association from 2013-2015. The appointment of the Fire Chief is automatic according to statute. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION APPOINTING MEMBERS TO THE EDEN PRAIRIE FIRE RELIEF ASSOCIATION BOARD WHEREAS, MN Statutes 424A. 04 provides for three municipal representatives on the Fire Relief Association Board of Trustees; and WHEREAS, the three municipal trustees must be one elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually and the chief of the municipal fire department. NOW THEREFORE, BE IT RESOLVED,that the City Council appoints and to serve on the Eden Prairie Fire Relief Association Board of Trustees for 2016. ADOPTED,by the City Council of the City of Eden Prairie, on the 5th day of January, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: January 5, 2016 SECTION: Appointments DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.M. Administration/Office of the Appointment of Representatives to the City Manager Southwest Transit Commission Requested Action Move to: Appoint to the Southwest Transit Board as the Eden Prairie Council Representative for a three-year term to end December 31, 2018. Move to: Appoint to the Southwest Transit Board as the Eden Prairie Appointed Representative for a two-year term to end December 31, 2017. Synopsis It is necessary for the City Council to appoint a Council Representative for a three-year term to end on December 31, 2018 and an Appointed Representative for a two-year term to end on December 31, 2017. According to Southwest Transit, Brad Aho is currently serving as the elected representative and Mayor Tyra-Lukens is serving as the appointed representative. CITY COUNCIL AGENDA DATE: SECTION: Report of the City Manager January 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.1. Office of the City Manager Board and Commission Recruitment Process Requested Action Move to: Approve the attached timeline for recruitment of Board and Commission candidates and set February 23 as the date for commission interviews. Synopsis The Board and Commission process typically begins in early January and wraps up with new member orientation in March. Staff proposes the following scheduled for 2016 recruitment: January 11 Application process opens February 5 Application deadline February 23 Commission candidate interviews March 8 Council appoints commissioners Late March Commission orientation CITY COUNCIL AGENDA DATE: SECTION: City Manager Report January 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.2. Community Development: SuperValu— Lease Amendment Janet Jeremiah/David Lindahl Requested Council Action: Move to: Approve second amendment to lease agreement between the City of Eden Prairie and SuperValu Inc. for space at the Eden Prairie City Center property located at 8100 Mitchell Road. Synopsis: Beginning March 1, 2015, Supervalu began leasing 43,996 square feet on the upper west end of the City Center building—space formerly leased by CH Robinson. With the approval of this second lease amendment for an additional 13,825 square feet of space - SuperValu will now be leasing a total of 57,821 square feet in the City Center. That leaves 16,085 square feet of leasable space in the City Center. John McCarthy from Cushman and Wakefield will continue to market the remaining space. Background: To accommodate its continued growth SuperValu has agreed to lease another 13,825 square feet of space in the City Center- contiguous to the 43,996 sf it's been leasing since March 2015. Exhibit B of the enclosed lease shows the location of the expansion area as well as the remaining 16,085 sf of remaining leasable space. Starting April 1, 2016, SuperValu will be leasing a total of 57,821 sf of space in the City Center. Similar to the original lease, for the first five-months SuperValu will pay operating expenses only on the 13,825 foot expansion area and begin paying full rent September 1, 2016. They will also have a one-time first right of refusal to lease any of the remaining 16,085 square feet of leasable space. SuperValu also agreed to a 15-month extension on the term of the current lease in return for a small decrease in the overall rental rate of about $.23 per square foot. The extended term will generate about another$1.1 million in gross rent to City. The lease term for the entire 57,821 square feet will now terminate June 30, 2021. The following is a summary of the key lease terms for all 57,821 sf Gross Rent Year Area Per SF Annual Rent 1 57,821 SF $19.50 * $1,071,287.86 2 57,821 SF $20.00 $1,156,420.00 3 57,821 SF $20.22 $1,185,330.50 4 57,821 SF $20.73 $1,214,241.00 5 57,821 SF $21.25 $1,243,151.50 Total Rent: $5,870,430.86 * Expansion space rent months 1-5 = $9.74/sf and months 6-12 = $19.50/sf Current space rent months 1-12 = $19.50 Term - 5 years Renewal Options - 2 consecutive 5 yr. options each at prevailing fair market rental rate. Tenant Allowance - $20/sf on 13,825 sf expansion or$276,500 paid by City for improvements. Designated Parking - Additional 56 spaces for a total 321 designated parking spaces Attachment: Second Amendment to Lease w/SuperValu SECOND AMENDMENT TO LEASE AGREEMENT This Second Amendment to Lease Agreement ("Second Amendment") is made and entered into this 5th day of January, 2016, by and between the City of Eden Prairie, a Minnesota municipal corporation (hereinafter called "Landlord"), having an office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344 and SUPERVALU INC., a Delaware corporation (hereinafter called"Tenant"), having an office at 11840 Valley View Road, Eden Prairie, MN 55344. RECITALS WHEREAS, Landlord and Tenant entered into a Lease Agreement ("Lease Agreement") executed October 7, 2014, whereby Tenant leased from Landlord the Premises (as defined in paragraph 3 of the Basic Definitions of Lease Agreement) located at 8080 Mitchell Road, Eden Prairie, Minnesota 55344, commonly known as "Eden Prairie City Center"; and WHEREAS, Landlord and Tenant entered into that certain First Amendment to Lease Agreement on the 18th day of November, 2014 by which certain changes to the Lease Agreement were made as part of Tenant agreeing to lease an additional 3,483 square feet of space in the Eden Prairie City Center. WHEREAS, Tenant desires expand the Premises to include among other matters an area of expansion depicted on Exhibit A hereto, which area is 13,825 square feet, extend the expiration date, amend the per square foot rental rates starting on April 1, 2016, and provide for additional parking spaces based on 4.5 stalls per 1,000 square feet; and WHEREAS, the parties to the Lease Agreement agree that the lease may be modified and amended in writing executed by each party pursuant to Article 37 of the Lease Agreement; and WHEREAS, the parties wish to amend the Lease Agreement for their mutual benefit and interest; and WHEREAS, unless otherwise provided herein, all capitalized words and terms used in this Second Amendment shall have the same meanings ascribed to such words and terms as in the Lease Agreement. All references to the Lease Agreement, unless specified otherwise, shall mean the Lease Agreement, as amended by the Lease Agreement, the First Amendment to Lease Agreement and the Second Amendment to Lease Agreement, whether or not such reference shall expressly refer to this Second Amendment. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, and other good and valuable consideration the receipt of which is hereby acknowledged, the parties agree to amend the Lease Agreement as follows: BASIC DEFINITIONS 1. Paragraph 3.a of the Basic Definitions is deleted in its entirety and replaced by the following Paragraph 3.a: Approximately 40,513 square feet of Rentable Area in the Building as identified in green on attached Exhibit B, approximately 3,483 square feet of Rentable Area in the Building as identified in tan on attached Exhibit B and approximately 13,825 square feet identified in blue on attached Exhibit B ("Leased Premises"). The 13,825 square feet is referred to in this Second Amendment as the "Expansion Area." 2. Paragrapb 3.c of the Basic Definitions is deleted in its entirety and replaced by the following Paragraph 3.c: Parking Rights ("Parking Rights") as follows: The right, for the benefit of the Benefited Parties, to park automobiles, light trucks, vans, motorcycles, bicycles and similar vehicles ("General Vehicles") in 265 parking stalls based on 6 spaces per 1,000 square feet and 56 parking stalls based on 4.0 stall per 1,000 square feet for a total of 321 parking stalls identified in green and yellow on the attached Exhibit D. The locations identified as Ambulance Parking Only in yellow are not part of the 321 parking stalls and are reserved for other purposes allowed by Landlord, currently the Hennepin County Ambulance service. The 321 Tenant parking stalls include handicapped and visitor parking stalls. The Benefited Parties shall have no right to park in any other area on the Land, including but not limited to areas for City parking identified in part in red and parking spaces identified in blue for City and future tenants leasing space within the Building. All Tenants will be informed that their employees, guests and invitees should not park in the Designated Parking Area. 3. Paragraph 4 of the Basic Definitions entitled Rentable Area is amended by deleting the first sentence of paragraph 4 of the Basic Definitions and replacing it with the following first sentence: The Rentable Area of the Premises is 57,821 square feet. 4. Paragraph 8 of the First Amendment to the Lease Agreement in the Basic Definitions entitled Annual Gross Rent, set forth below, remains in effect through March 31, 2016. ANNUAL GROSS RENT: Annual Pro-Rated Monthly Mo 1-5 373,966.00 155,819.17 31,163.83 Mo 6-12 846,923.00 494,038.42 70,576.92 Lease Year 2 868,041.08 868,041.08 72,336.76 Lease Year 3 889,599.12 889,599.12 74,133.26 Lease Year 4 912,037.08 912,037.08 76,003.09 Lease Year 5 934,915.00 934,915.00 77,909.58 As of April 1, 2016 the Annual Gross Rent shall be as follows: TIME PERIOD AMOUNT/ SQUARE MONTHLY TOTAL TIME SQ. FT. _FEET RENT PERIOD RENT 4/1/16 to 8/31/16 $9.74 13,825 * $11,221.29 $56,106.45 (5 months) 4/1/16 to 8/31/16 $19.50 43,996 ** $71,493.50 $357,467.50 (5 months) 9/1/16 to 3/31/17 $19.50 57,821 $93,959.13 $657,713.91 (7 months) 4/1/17 to 3/31/18 $20.00 57,821 $96,368.33 $1,156,420.00 4/1/18 to 3/31/19 $20.50 57,821 $98,777.54 $1,185,330.50 4/1/19 to 3/31/19 $21.00 57,821 $101,186.75 $1,214,241.00 4/1/20 to 6/30/21 $21.50 57,821 $103,595.96 $1,243,151.50 * Expansion Area only. ** Premises Less Expansion Area 5. Paragraph 5 of the Basic Definitions entitle Term, is amended to change the termination date from February 29, 2020 to June 30, 2021 ("Termination Date"). 6. Paragraph 11 of the Basic Definitions entitled Tenant Improvement Allowance is amended to add a Tenant Allowance in the amount of$276,500 applicable only to the 13,825 square foot Expansion Area, which amount is calculated at $20 per square foot of Rentable Space. No reimbursement for Space Plan Allowance shall be provided with respect to the 13,825 square foot Expansion Area. 7. Tenant may take possession of the 13,825 square foot Expansion Area for the sole purpose of constructing Tenant's Improvements only after execution of this Second Amendment and submission to Landlord of Tenant's Certificate of Insurance which evidences that the insurance required by Article 15 of the Lease Agreement is in force and effect for the 13,825 square foot Expansion Area. 8. Article 44 is deleted in its entirety and replaced with the following: ARTICLE 44. RIGHT OF FIRST OPPORTUNITY. Provided there is a minimum of 60 months of the lease Term remaining Tenant may give written notice to Landlord that it desires to lease all the remaining vacant space in the Building subject to the terms of this Article 44. Upon giving such notice Tenant shall within 15 business days thereafter execute an amendment to this Lease, presented to by Landlord, whereby Tenant agrees to lease such space upon the terms contained in this Lease, provided that additional Parking Rights allocated to Tenant shall be based on 4.5 parking stalls for each 1,000 Rental Square Feet of all additional space leased by Tenant and further provided there shall be no Space Plan Allowance provided by Landlord. If Tenant fails to tender to Landlord an executed amendment to this Lease Agreement within said fifteen (15) business day period, Landlord shall be under no obligation to hold said space for Tenant and Tenant shall have no further right of first opportunity. Tenant's possession of, and any rent regarding, any space leased from Landlord by Tenant pursuant to this Article will commence upon the earlier of Tenant's occupancy or 90 calendar days after the Tenant's notice referred to above. Except as provided for in this Article and Tenant Improvement Allowance and Broker Commissions, which shall be prorated, all other provisions of this Lease will be incorporated into the lease for such space between Landlord and Tenant. 9. Article 8, paragraphs 8.2 and 8.3 are amended to replace the reference to 243 parking stalls to 321 parking stalls. 10. Except as hereby amended above, Landlord and Tenant reaffirm all terms, provisions and covenants set forth in the Lease Agreement executed October 7, 2014 as amended by the First Amendment. IN WITNESS WHEREOF, Landlord and Tenant have caused this Second Amendment to be signed, sealed and delivered this 5th day of January, 2016. LANDLORD: City of Eden Prairie By: Nancy Tyra-Lukens Its: Mayor By: Rick Getschow Its: City Manager TENANT: SUPERVALU INC. By: Its: P:\home\1604.101-SuperValu Lease at City Center\Documents\2014 11 14-Second Amendment to SuperValu Lease.doc EXHIBIT B [NEXT PAGE] 04 s b m l� a E g - •n3 ° [0] +. tt G d2 0 9 81 t Ea1 -I, L. ° . ° is` . ax tea- ;3 We . ° ° a ;9m j „, 1 4it illkill'il * . ii, , it, FO t . v I _,o wila A C , �- Wo_ yam DO _ w D A • ad b,j 9 c Teo Alm ,A9 T,1 c�i \ - - ` /# w x m z -- 1_ _. . _ . , ,...1 ..„) i 1 ,, _ . 41on h ' � m —A L dibli r if I- I�, < Dv� m e e I . , f yE m 1 m �' 11 CS wm III III D e CIO � y —nu.. �� n L EXHIBIT D 1 11111 (Tr-t-i 1_ +, ' i' ��; '' , Exhibit D ` Y '" O _,r. i•gb v, If . Supervalu Designated Parking 14 en = 265 spaces(per 2014 1'r441 'kirP lease) ;J ' I I I low = 56 spaces{per 2015 lease expansion i I J al = 321 spaces ' .a •.• -.._ lifilk_i_f 1 ..) I 1 r + ' ` . 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