Agenda Eden Prairie City Council Meeting Tuesday

AGENDA

EDEN PRAIRIE CITY COUNCIL MEETING

TUESDAY, FEBRUARY 3, 2015 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road

CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case

CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner Julie Klima, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli

I. CALL THE MEETING TO ORDER

II. PLEDGE OF ALLEGIANCE

III. COUNCIL FORUM INVITATION

IV. PROCLAMATIONS / PRESENTATIONS

A. EDEN PRAIRIE FTC ROBOTICS TEAM

B. CERT-CSU PROGRAM

C. PUTNAM OSTENSON LAND DONATION (Resolution)

V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS

VI. MINUTES

A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 20, 2015

B. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 20, 2015

VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS

VIII. CONSENT CALENDAR

A. CLERK’S LICENSE LIST

B. APPROVE PURCHASE OF 2015 78’ QUINT LADDER TRUCK FROM E- ONE

C. AWARD CONTRACT FOR TENNIS AND BASKETBALL COURT RECONSTRUCTION AT FRANLO PARK TO MINNESOTA ROADWAYS COMPANY

D. APPROVE SUBORDINATE FUNDING AGREEMENT 01 FOR TOWN CENTER NORTH-SOUTH ROAD WITH METROPOLITAN COUNCIL FOR THE SOUTHWEST LIGHT RAIL TRANSIT PROJECT CITY COUNCIL AGENDA February 3, 2015 Page 2

E. APPROVE SUBORDINATE FUNDING AGREEMENT 02 FOR GOLDEN TRIANGLE TRAIL WITH METROPOLITAN COUNCIL FOR THE SOUTHWEST LIGHT RAIL TRANSIT PROJECT

F. APPROVE SUBORDINATE FUNDING AGREEMENT 03 FOR SOUTHWEST STATION TRAIL WITH METROPOLITAN COUNCIL FOR THE SOUTHWEST LIGHT RAIL TRANSIT PROJECT

G. APPROVE SUBORDINATE FUNDING AGREEMENT 04 FOR THE TECHNOLOGY DRIVE EXTENSION WITH METROPOLITAN COUNCIL FOR THE SOUTHWEST LIGHT RAIL TRANSIT PROJECT

H. APPROVE SUBORDINATE FUNDING AGREEMENT 05 FOR LOCALLY REQUESTED CAPITAL IMPROVEMENT ENVIRONMENTAL DOCUMENTATION WITH METROPOLITAN COUNCIL FOR THE SOUTHWEST LIGHT RAIL TRANSIT PROJECT

I. APPROVE RELEASES OF AGREEMENTS REGARDING SPECIAL ASSESSMENTS NO. 02-08 AND NO. 02-09

IX. PUBLIC HEARINGS / MEETINGS

X. PAYMENT OF CLAIMS

XI. ORDINANCES AND RESOLUTIONS

A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 5 RELATING TO REGULATION OF PEDDLERS, SOLICITERS AND TRANSIENT MERCHANTS

B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 9 BY ADDING SECTION 9.17 RELATING TO POINT OF SALE INSPECTIONS

C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 5 BY ADDING SECTION 5.76 RELATING TO THE REGULATION OF INDEPENDENT EVALUATORS

XII. PETITIONS, REQUESTS AND COMMUNICATIONS

XIII. APPOINTMENTS

XIV. REPORTS

A. REPORTS OF COUNCIL MEMBERS

B. REPORT OF CITY MANAGER

CITY COUNCIL AGENDA February 3, 2015 Page 3

C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR

D. REPORT OF PARKS AND RECREATION DIRECTOR

E. REPORT OF PUBLIC WORKS DIRECTOR

F. REPORT OF POLICE CHIEF

G. REPORT OF FIRE CHIEF

H. REPORT OF CITY ATTORNEY

XV. OTHER BUSINESS

XVI. ADJOURNMENT CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations February 3, 2015

DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.C.

Jay Lotthammer, Director, Putnam Ostenson Land Donation Parks and Recreation

Requested Action

Move to: Adopt the Resolution accepting the gift to the City of Outlot D, Westover Woods, Hennepin County, Minnesota from James L. Ostenson, Patrice E. Ostenson, Richard A. Putnam and Janet L. Putnam.

Synopsis

City staff has been approached by Mr. Putnam with the offer to gift to the City Outlot D, Westover Woods. This outlot is located adjacent to the trail crossing under Anderson Lakes Parkway where Purgatory Creek flows under the road. Staff is recommending acceptance of the gift due to the benefit of expanding the width and buffer of the trail corridor.

The City Attorney has prepared a donation agreement that has been accepted and signed by the gifting parties. In addition, the City would receive a Warranty Deed as a part of the land transaction.

Attachment

Resolution

CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA

RESOLUTION NO. 2015-

RESOLUTION RELATING TO ACCEPTANCE OF GIFTS

BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT:

The gift to the City of Outlot D, Westover Woods, Hennepin County, Minnesota from James L. Ostenson, Patrice E. Ostenson, Richard A. Putnam and Janet L. Putnam is hereby recognized and accepted by the Eden Prairie City Council.

ADOPTED by the City Council of the City of Eden Prairie this 3rd day of February, 2015.

______Nancy Tyra-Lukens, Mayor

ATTEST:

______Kathleen Porta, City Clerk ITEM NO.: VI.A. UNAPPROVED MINUTES

CITY COUNCIL WORKSHOP & OPEN PODIUM

TUESDAY, JANUARY 20, 2015 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER

CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case

CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, City Engineer Rod Rue, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters

Workshop - Heritage Room II

I. COMMISSION WORK PLANS

A. CONSERVATION COMMISSION

Conservation Commission Chair Greg Olson reviewed the commission’s 2014 activities and work plan for 2015. The commission plans to recommend best practices for energy conservation in Eden Prairie by continuing to provide recommendations on the GreenStep Cities program as the requirements for attaining Step 4 are finalized. They will also study the Regional Indicators initiative and the recommendations of that program. They plan to celebrate the end of the 20-40-15 program and support the successor to that program. They will monitor and track the sustainability features of the Eden Gardens development. In addition, they plan to recommend ways to develop a comprehensive recycling and reuse program that will include recommendations on organic waste collection, possibly by setting up a drop-off location for organic waste. As part of their promotion of water conservation, they plan to promote and encourage native landscaping and the infiltration of water resources. They will meet with the three Watershed Districts to learn more about their recommendations and programs.

Nelson said she would like to see commission members keep track of conservation best practices other cities are putting into effect that may provide new ideas.

Case would like to see some of the items on the plan prioritized and would like the Commission to advise on a successor program for 20-40-15. He noted the Council could use assistance in helping the three Watershed Districts remain consistent. He commented he has always wanted Eden Prairie to promote more native landscaping and would encourage our continuing to model that for the public.

Tyra-Lukens was pleased to see that the commission plans to track the sustainable features of the Eden Gardens project. She noted mayors of other cities are very interested in that program. It would be good to document sustainability features of that development. Case suggested establishing a focus group. City Council Workshop Minutes January 20, 2015 Page 2

B. FLYING CLOUD AIRPORT ADVISORY COMMISSION

Flying Cloud Airport Advisory Commission Vice Chair Keith Tschohl reviewed the commission’s 2014 activities and 2015 work plan. Tschohl said the commission’s goals for 2015 will fall into four main areas: monitoring the Final Agreement with MAC; providing education and information about the airport; addressing matters as directed by the City Council; and working with City staff and MAC to reduce noise and improve the appearance of the airport. The Commission will monitor the Letter of Agreement generated in December 2014 following an open forum held for residents, businesses and airport management to discuss concerns about helicopter training operations. They plan to reorganize the website, present a biannual review of security at the airport, and make their annual tour of the airport. Tschohl also reviewed a summary of 2014 noise complaints and displayed a map showing the location of the complaints. There were 5328 noise complaints in 2014, compared to 5156 in 2013. He noted fewer households filed complaints in 2014; however, once again 63% of the noise complaints came from a single household.

Case noted he made his first noise complaint call this year when a helicopter came over his house more than 15 times one day. Tschohl said the tower tries to split the location of the flights if they can. Case said the Final Agreement called for traffic to go down a certain distance from residential areas, but he did not think we were dealing with helicopters at the time the agreement was made.

Nelson asked if attempts have been made to contact the very dissatisfied households. Mike Wells, Flying Cloud Airport Manager, said MAC contacts every first-time complainant. Complainants can also request calls at the time they enter the complaint on the website. Fire Chief Esbensen said Jennifer Lewis is in charge of noise complaints at MAC and she reports at every Commission meeting.

C. HERITAGE PRESERVATION COMMISSION

Heritage Preservation Commission Chair Ed Muehlberg reviewed the commission’s 2014 activities and 2015 work plan. Muehlberg said their focus this year will be on public awareness, information and signage. CLG grant funds will be used to install interpretive signage and Legacy Grant funds will be used for the Riley-Jacques Interpretative Plan. They plan to explore other grant opportunities this year and to continue the work at Riley-Jacques. They want to review and update the historical resource inventory files. They would like to establish an on-going preservation award in the City. They will have joint meetings with the Historical Society and the Parks and Recreation Commission. They will coordinate with the IT Department on updating the GIS maps.

Nelson suggested copies of the new signs be put online. Muehlberg said that is part of the plan to add more links and connections to the graphics.

Case said it would be interesting to have historical maps similar to the map done by the Park and Recreation Department for parks information. It could include City Council Workshop Minutes January 20, 2015 Page 3

information on sites and kiosks with directions to those places. He said he appreciated the commission's wanting to update our inventory because we are losing our historical properties. He suggested the commission partner with the Historical Society on their project to document stories from another generation of Eden Prairie residents.

Butcher Wickstrom suggested having a history of Eden Prairie online and highlighting some of the earlier neighborhoods in the City. Case agreed and noted The Preserve was the first large-scale PUD in Minnesota.

D. HUMAN RIGHTS & DIVERSITY COMMISSION

Human Rights & Diversity Commission Chair Sandra Filardo reviewed the commission’s 2014 activities and 2015 work plan. The commission is currently accepting nominations for the annual Human Rights Awards, which will be presented in May. They plan to work to further the Eden Prairie Manifesto. They want to promote education and dialogue about Muslim neighbors and will partner with several different groups on programs during the year. They plan to work with Girl Scout groups about issues of gender.

Tyra-Lukens asked about the effectiveness of their cinema series and if that was part of a national program. Patricia Fenrick, staff advisor to the commission, said it was a national program that was designed to be an opportunity to educate people on human rights. Tyra-Lukens asked if that program will be continued this year. Filardo said it will and they believe it will be more effective as they plan to partner with other groups.

Nelson asked if the commission has looked at doing art from the various cultures and countries of origin that are represented in Eden Prairie. Fenrick said they could explore that area because they would like to tap the skills of the various groups. Filardo noted this year they plan to explore cooking classes with the different groups.

Case suggested they explore partnering with the City's Art Center. He liked to see us take advantage of opportunities to market our diversity. He suggested we find individuals to tell a story and then publicize it because there are some amazing stories among the various diverse groups in our community. Aho suggested capturing the stories and putting them on our website.

E. PARKS, RECREATION & NATURAL RESOURCES COMMISSION

Parks, Recreation & Natural Resources Commission Chair Hutch Coburn reviewed the commission’s 2014 activities and 2015 work plan. He reported the Aquatics and Fitness Center expansion project is on track for a June 1 Phase 1 walk through and a December 2 Phase 2 walk through. They expect that expanded facility to have a significant impact on the community. This year development will begin on the Cedar Hills neighborhood park, the last neighborhood park to be developed in the City. That park will be uniquely situated in Eden Prairie and they hope to make it a showcase of native flora and fauna. They will be involved in the SWLRT station area planning. New registration software will be implemented in March. City Council Workshop Minutes January 20, 2015 Page 4

Tyra-Lukens said she was struck by the number of seniors coming to the Senior Center from other communities. She thought it was important to keep them coming so we can offer more programs. She asked if we monitor usage of the parks if there are no fees involved. Lotthammer said the lifeguards make counts and the customer relations leads check in on the various facilities.

Aho asked if we are still getting input on the arts now that we have integrated that commission into the Parks Commission. Coburn believed that has been a positive move. They had concept use of art at Round Lake and art will be especially important for the SWLRT station planning.

Nelson would like to see a one-stop place for searching out facilities for various age groups, especially those for very young children.

Case said the only parks-related complaint he received in 2014 was regarding the process people must use to reserve the Riley Barn. He suggested we find a way to make that process more fair. Lotthammer said the commission talked about rentals at their last meeting and plan to move towards a November start date rather than January. The software conversion may provide more online reservation potential. They may also consider having a penalty for canceling at the last minute.

F. PLANNING COMMISSION

Planning Commission Chair Steven Frank reviewed the commission’s 2014 activities and 2015 work plan. He noted this is the first time the commission has created a work plan. He reviewed the broad goals for the commission to build knowledge of the commission members to further optimize the planning process, and to ensure strong coordination between the commission and the Eden Prairie strategic initiatives. They plan to discuss design standards, provide input on the Transit Oriented Design (TOD) ordinance, review the guidelines for the Town Center, review the Housing and Economic Development strategic plan and have initial discussion around the 2018 Comprehensive Plan update. He noted their first priority is to review developments as they come along.

Nelson suggested we may need to look at how we handle those parcels of land that are between two streets, such as the new O'Reilly Auto Parts development. Because we have no design standards for that particular situation, we may need to make a decision for the future about how we want to have those developed. Frank said that also raises the issue of how our design standards incorporate how we feel about aging properties.

Aho asked about the impact on the commission's work of the Met Council's plans, such as their Thrive 2040 program. Julie Klima, staff advisor to the commission, said they had some discussion about the Thrive 2040 program last spring. Frank said a broader issue they will include in the future is "competitive surveillance" of what is going on in other areas to make sure our ideas are fresh.

City Council Workshop Minutes January 20, 2015 Page 5

Case suggested it might be time to have some groups give feedback, similar to the work done several years ago by the Senior Issues Task Force. It could all tie into the 2018 Comprehensive Plan. Frank said the whole issue of demographics is important so we can learn what the potential implications will be for Eden Prairie.

Open Podium - Council Chamber

II. ADJOURNMENT ITEM NO.: VI.B.

UNAPPROVED MINUTES

EDEN PRAIRIE CITY COUNCIL MEETING

TUESDAY, JANUARY 20, 2015 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road

CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson

CITY STAFF: City Manager Rick Getschow, City Engineer Rodney Rue, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli

I. CALL THE MEETING TO ORDER

Mayor Tyra-Lukens called the meeting to order at 7:00 PM. All Council Members were present.

II. PLEDGE OF ALLEGIANCE

III. COUNCIL FORUM INVITATION

IV. PROCLAMATIONS / PRESENTATIONS

A. DR. MARTIN LUTHER KING, JR., PROCLAMATION & ANNOUNCEMENT OF HUMAN RIGHTS AWARD PROCESS

Sandra Filardo, Chair of the Human Rights and Diversity Commission, announced the opening of nominations for the Human Rights awards. She reviewed the goals of the award. She said the Human Rights and Diversity Commission will select the winners in April.

Mayor Tyra-Lukens read a proclamation proclaiming 2015 as a year to celebrate human rights and diversity and asking residents to join the City of Eden Prairie in recognizing and celebrating Dr. Martin Luther King, Jr.'s dream.

Tyra-Lukens gave recognition to a presentation this morning of the French Legion of Honor award to Eden Prairie resident, William "Bud" Schwartz, for his service during World War II.

B. DONATIONS

1. Donation of Artist’s Drafting Table to Art Center (Resolution No. 2015-18) CITY COUNCIL MINUTES January 20, 2015 Page 2

Lotthammer said donations to the City need to be accepted by resolution. He said an anonymous donor has given an artist's drafting table to the Art Center.

MOTION: Nelson moved, seconded by Case, to adopt Resolution No. 2015-18 accepting the donation of an Artist Drafting Table valued at $115 to be use by the Eden Prairie Art Center. Motion carried 5-0.

2. Lioness Club Donation to Theater and Band (Resolution 2015-19)

Lotthammer said this is a donation of $1,000 for the purchase of a trailer to support Eden Prairie's theater and band. He noted this is one of three donations from the Lioness Club and thanked them for their generosity.

MOTION: Case moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2015-19 accepting the donation in the amount of $1,000 from the Eden Prairie Lioness Club for the purchase of a 6′x12′ trailer to support the Eden Prairie Community Band and the Eden Prairie Players theater programs. Motion carried 5-0.

3. Lioness Club Donation to the Outdoor Center (Resolution No. 2015-20)

MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution No. 2015-20 accepting the donation in the amount of $1,027 from the Eden Prairie Lioness Club for the purchase of Lake Study Equipment for the Staring Lake Outdoor Center. Motion carried 5-0.

4. Lioness Club Donation to the Senior Center (Resolution No. 2015-21)

MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2015-21 accepting the donation in the amount of $600 from the Eden Prairie Lioness Club for the purchase of a wood lathe for the Eden Prairie Senior Center Woodshop. Motion carried 5-0.

5. Lions Club Donation to the Outdoor Center (Resolution No. 2015-22)

Lotthammer said this is a donation of $200 from the Eden Prairie Lions Club for Outdoor Center programs.

MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2015-22 accepting the donation of $200 from the Eden Prairie Lions Club for Outdoor Center programs. Motion carried 5-0.

6. State Farm Donation to Senior Center (Resolution No. 2015-23)

Lotthammer said for several years State Farm Companies has matched the CITY COUNCIL MINUTES January 20, 2015 Page 3

amount of volunteer hours given to the Senior Center by their employee, Gordon Williams. Mr. Williams has requested the $500 donation be used towards the annual Senior Center volunteer recognition lunch in April.

MOTION: Case moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2015-23 accepting the donation in the amount of $500 from State Farm Companies Foundation on behalf of Gordon Williams for his volunteer service at the Eden Prairie Senior Center to be used toward the 2015 Senior Center volunteer recognition event. Motion carried 5-0.

V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS

MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the agenda as published. Motion carried 5-0.

VI. MINUTES

A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 6, 2015

MOTION: Butcher Wickstrom moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, January 6, 2015, as published. Motion carried 4-0-1, with Nelson abstaining.

B. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 6, 2015

MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, January 6, 2015, as published. Motion carried 5- 0.

VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS

VIII. CONSENT CALENDAR

A. CLERK’S LICENSE LIST

B. APPROVE MASTER FUNDING AGREEMENT WITH METROPOLITAN COUNCIL FOR SOUTHWEST LIGHT RAIL TRANSIT PROJECT

C. RECEIVE 2014 PAY EQUITY REPORT AND APPROVE SUBMITTAL OF THE REPORT TO THE STATE

D. APPROVE RENEWAL OF TOWING SERVICES AGREEMENT WITH MATT’S AUTO SERVICE

E. APPROVE CONSTRUCTION AGREEMENT WITH ARVIG ENTERPRISES FOR AN ALTERNATE FIBER OPTIC ROUTE TO GOLDEN VALLEY/ LOGIS CITY COUNCIL MINUTES January 20, 2015 Page 4

MOTION: Case moved, seconded by Aho, to approve Items A-E of the Consent Calendar. Motion carried 5-0.

IX. PUBLIC HEARINGS / MEETINGS

A. RESOLUTION APPROVING MODIFIED TAX INCREMENT FINANCING PLAN FOR DISTRICT NO. 16 AND FOURTH AMENDMENT TO PROJECT MANAGEMENT AGREEMENT (LINCOLN PARC APARTMENTS)

Getschow said this public hearing should be continued to the February 17, 2015, meeting as some of the pieces needed for the plan and agreement have not yet been completed.

MOTION: Case moved, seconded by Butcher Wickstrom, to continue the public hearing to the February 16, 2015, meeting of the City Council. Motion carried 5-0.

B. RESOLUTION NO. 2015-24 APPROVING MODIFIED TAX INCREMENT FINANCING PLAN FOR DISTRICT NO. 17 AND SECOND AMENDMENT TO PROJECT MANAGEMENT AGREEMENT (ROLLING HILLS SENIOR HOUSING/THE COLONY)

Getschow said official notice of this public hearing was published in the January 8, 2015, Eden Prairie News. Tax Increment Financing (TIF) District No. 17 was established in 2001 in order to provide 115 affordable housing units to seniors living at The Colony at Eden Prairie (formerly known as Rolling Hills Senior Housing) for a term of 10 years from the date of the first year of full tax increment. The City, the HRA, and the developer, SE Rolling Hills, LLC, have agreed to extend the term of the affordable units through the year 2028, or 25 years from when the first tax increment was collected from the district, which is the maximum allowed by statute. The Colony is a 142 unit/bed facility for the care of the elderly consisting of independent living units, assisted care units, and Alzheimer’s/dementia care beds located on Prairie Center Drive just south of Eden Prairie Center. The project is part of TIF District No. 17 created in 2001 to help subsidize 20% of the total units for tenants with incomes below 50% of the median income for the metro area, and 60% of the total units for tenants with incomes below 110% of the median income for the metro area.

Tyra-Lukens asked if the affordable units would become market rate at the end of the 25 years. Getschow said that is a possibility but would not necessarily happen.

Nelson asked if this uses up part of our ability to do TIF financing. Rosow said it does not. There are limits on bonding but there is not a limit with regard to TIF. Nelson said she would like to approve this; however, she would like to get credit from the Met Council for keeping the number of established units. Jeremiah responded we get credit every year for these units and would lose the credit if we did not extend the TIF.

CITY COUNCIL MINUTES January 20, 2015 Page 5

There were no comments from the audience.

MOTION: Butcher Wickstrom moved, seconded by Nelson, to close the public hearing and to adopt Resolution No. 2015-24 approving Modified Tax Increment Financing Plan, District No. 17 and Second Amendment to the Project Management Agreement. Motion carried 5-0.

C. O’REILLY AUTO PARTS STORE by C.M Architectures, P.A. Request for Planned Unit Development Concept Review on .83 acres; Planned Unit Development District Review with waivers on .83 acres; Zoning District Review in the C-Com Zoning District on .83 acres and Site Plan Review on .83 acres. Location: 8868 Aztec Dr. (Resolution 2015-25 for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Review in the C-Com Zoning District)

Getschow said official notice of this public hearing was published in the January 8, 2015, Eden Prairie News and was sent to 32 property owners. The project is a new 7,343 square foot retail auto parts store building. The design is compatible with the mix of single family residential, commercial and office uses within the immediate area. The following PUD waivers are proposed: 1. Parking from 37 spaces to 33 parking spaces. 2. Front yard setback for the recycling and trash enclosure to 10 feet along Aztec Drive. City Code requires 35 feet. 3. Landscape planting islands to 4.4 percent in the parking area. City Code requires 5 percent landscaping in the parking areas.

Getschow noted a benefit of granting the waivers includes enhanced architectural details in the building design and extensive use of native prairie grasses and perennials along the site perimeter and building base which are not required by code, but enhance and improve the site overall.

Ben Ptacek, representing C.M. Architectures, reviewed the location and site plans for the project. He noted it is currently a 0.83 acre vacant lot. They held a neighborhood meeting in the fall and received feedback from neighbors about the orientation of the building with the front facing Flying Cloud Drive. The landscape plan includes a rain garden and a bike rack.

Butcher Wickstrom asked how this building will differ from their other stores. Mr. Ptacek said it will not be the same. They worked with the planning staff to change the building because Eden Prairie preferred something different. Butcher Wickstrom asked if it will be more of an upgraded look. Mr. Ptacek said it will be an upgrade to their upgraded version.

Tyra-Lukens asked if any of the vegetation currently on the property will remain. Mr. Ptacek said they will follow the requirements for any significant trees they remove. There are six or seven significant trees of which only two will be removed. Tyra- CITY COUNCIL MINUTES January 20, 2015 Page 6

Lukens asked about the size of the arborvitae that are planned to provide screening from Aztec Drive. Mr. Ptacek said they will grow to six feet. Tyra-Lukens asked if they will be planted close enough to form a wall. Mr. Ptacek said they will be spaced to provide a hedge to screen the trash area.

Tyra-Lukens said they requested a waiver for the landscaping planting island. After looking at the parking plan for the site, it was hard for her to believe they would need 30 parking spots. She would like to see proof of parking and have more landscaping instead. She asked Mr. Ptacek what their experience is with their stores needing 33 parking spots. Mr. Ptacek said they put in 33 to get closer to the required number. Jeremiah said there is a possibility to do proof of parking. There was some concern that employees would park off site and impact other properties.

Rosow said there is flexibility for swapping variances. The project could be approved subject to the condition there be no waivers on landscaping but to bring back a waiver for proof of parking.

Case noted the property was once owned by Northrup King and asked if an environmental review has been done. Mr. Ptacek said they determined there was no wetland on the property. Case asked if staff would become involved if something is found there as construction gets underway. Jeremiah understood at that point they would need to stop work and the appropriate State agency would come in to inventory and evaluate. If there is financing involved in the project, they would normally have to do a Phase 1 and Phase 2 environmental study before construction was started.

Case asked how the project handles stormwater runoff. Jeremiah said there is a rain garden on the south side of the property that accommodates most of the site. Rodney Rue, City Engineer, said Aztec Drive is accommodated somewhat with a storm sewer to pick up the sites; however, today development needs to provide infiltration in addition to storm sewers. The proponent has put a rain garden on the south for roof drainage and an underground system on the north side for the parking lot. There are also some catch basins at the entrance to the property to pick up parking lot drainage. Case commented it looks like it takes care of its own water runoff but he was concerned that attention was paid to potential leakage in the parking lots.

Rosow asked if the proponent has obtained a Phase 1 environmental review. Mr. Ptacek said they have a Phase 1 review. Rosow asked if O'Reilly has closed on the purchase. Mr. Ptacek said they have not yet because they wanted to get the variances approved first. Rosow asked if they are financing the property through a mortgage because it would be unlikely they would be able to proceed if there were environmental issues. The bank would want to see the Phase 1 environmental survey if they are giving a loan.

Butcher Wickstrom asked if they would accept return of used oil. Mr. Ptacek said they do not provide that service and do not provide any servicing at the facility.

CITY COUNCIL MINUTES January 20, 2015 Page 7

There were no comments from the audience.

MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public hearing; to adopt Resolution No. 2015-25 for Planned Unit Development Concept Review on 0.83 acres; to approve 1st reading of the ordinance for Planned Unit Development District Review with waivers, and Zoning District Review within the Community Commercial Zoning District on 0.83 acres; and to direct staff to prepare a Development Agreement incorporating staff and commission recommendations and the Council condition to eliminate the waiver for landscape planting islands and grant a waiver for parking through proof of parking.

Butcher Wickstrom commented she thought this is a very appropriate business in this area and was very glad to see O'Reilly Auto Parts come in.

VOTE ON THE MOTION: Motion carried 4-0-1, with Nelson abstaining.

X. PAYMENT OF CLAIMS

MOTION: Case moved, seconded by Butcher Wickstrom, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Butcher Wickstrom, Case, Nelson, and Tyra-Lukens voting “aye.”

XI. ORDINANCES AND RESOLUTIONS

XII. PETITIONS, REQUESTS AND COMMUNICATIONS

XIII. APPOINTMENTS

XIV. REPORTS

A. REPORTS OF COUNCIL MEMBERS

1. Resolution No. 2015-26 Supporting Legislation to Increase or Remove Lump Sum Payout Cap for Fire Relief Association Retirees

Getschow said Council Member Case brought up this issue because of his position on the Fire Relief Association Board. There are two possible pension programs for firefighters: one is a monthly-defined benefit payout, and the other is a lump-sum option. They are trying to encourage more use of the lump sum payout but they would need to change the cap of $10,000 that is set by the State legislature. This resolution would provide support of the City Council for an increase in the cap.

Aaron Casper, Chair of the Fire Relief Association, said they had discussions about this issue at their board meetings as part of an effort to reduce the long term liability in the plan. Being able to make that lump sum distribution more of a CITY COUNCIL MINUTES January 20, 2015 Page 8

viable option would help them achieve that goal. The issue would have to go through the actuarial process if the cap is raised, would have to be approved by their membership, and would then come to the City Council for approval. They have had some presence at the State Auditor level and have some support from that office to bring this forward. If the Council passes the resolution of support, they would go ahead to have dialogue with the local legislators.

Tyra-Lukens asked if the legislation would increase the cap for any community or just for Eden Prairie. Mr. Casper said he would make it inclusive, but Eden Prairie is the only one who is currently at the cap.

Aho asked what the new cap would be. Mr. Casper was not sure but it would be well above $10,000. Actuarial factors would occur, but they don't know the amount. He noted at this time about 99% of our retiring firefighters are selecting the defined monthly benefit plan. They want to make the lump sum option more viable.

Case said at this time the break-even point isn't an incentive for people to take the lump sum option. That means there are unknown liabilities for the plan because of considerations such as the survivor benefit options. They are also looking at having the lump sum as the default option for new firefighters coming on.

MOTION: Nelson moved, seconded by Case, to adopt Resolution No. 2015-26 supporting the Eden Prairie Fire Relief Association’s efforts to seek legislation that removes or increases the lump sum pension payout cap of $10,000 per year of service. Motion carried 5-0.

B. REPORT OF CITY MANAGER

C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR

D. REPORT OF PARKS AND RECREATION DIRECTOR

1. City-wide Special Events Overview

Lotthammer introduced Lindsey Danhauser, Art Center Supervisor, who gave a PowerPoint presentation of City-wide special events.

Danhauser reviewed the events planned and noted they partner with service organizations in the City for many of the events. Most of the events are free or very affordable.

Tyra-Lukens said it is great to see the numbers that participate in the events.

Case asked if the presentation would be available on the website. Getschow said CITY COUNCIL MINUTES January 20, 2015 Page 9

the City calendar lists events by month and can be clicked on to get a page with details. Staff could look into having a summary like this available. Case said it was a powerful presentation and suggested it could be used as a marketing tool for realtors.

E. REPORT OF PUBLIC WORKS DIRECTOR

F. REPORT OF POLICE CHIEF

G. REPORT OF FIRE CHIEF

H. REPORT OF CITY ATTORNEY

XV. OTHER BUSINESS

XVI. ADJOURNMENT

MOTION: Case moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:08 PM.

CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 3, 2015

DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Christy Weigel, Clerk’s License Application List Police/ Support Unit

These licenses have been approved by the department heads responsible for the licensed activity.

Requested Action Motion: Approve the licenses listed below

Temporary Liquor Organization: Eden Prairie Lions Club Event: Schooner Days Date: May 29, 30, 31, 2015 Place: Round Lake Park & EP Community Center Parking Lot 16691 & 16700 Valley View Road

Temporary Liquor Organization: Eden Prairie Lions Club Event: Hometown Celebration Date: July 3-4, 2015 Place: Round Lake Park 16691 Valley View Road

Temporary Beer Organization: Eden Prairie Lions Club Event: Corn Feed Date: August 1, 2015 Place: Round Lake Park 16691 Valley View Road

- 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 3, 2015

DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B.

George F. Esbensen, Fire Purchase of New Ladder Truck Chief/Director of Emergency Preparedness

Requested Action

Move to: Approve the purchase of 2015 78’ Quint from E-One, through the “HGAC” Purchasing Consortium for $730,000.

Synopsis

HGACBUY is a national purchasing alliance created by a joint powers agreement which enables states to purchase items from more than one source on the basis of competitive bids or competitive quotations. This process has been recognized and authorized thorough the State of Minnesota under Minnesota Statute 471.345, subdivision 15; paragraphs (a) and (b).

In December 2014, the fire department sold one of its 100’ ladder trucks for $500,000. This new 78’ “Quint” will replace that truck and provide more versatility to the fire department’s response capability. This vehicle will have a 20-year anticipated replacement cycle.

Attachment

HGAC Proposal Purchase Agreement Vehicle Drawing

FIRE SAFETY USA, INC. 3253 19114 STREET NW ROCHESTER, MN 55901

TOLL-FREE: 1-877-699-3473 PHONE: 507-529-8444 FAX: 507-529-8111 VVWW.FIRESAFETYUSA.COM

HGAC Proposal Pricing for Eden Prairie, MN:

2015 E-One HP78 Aerial Ladder Per Specifications and Drawings:

$730,000.00

"Seven Hundred Thirty Thousand Dollars"

Estimated Delivery:

270 Days After Order Release

Authorized Signature:

Ryan Clarey, Co-Owner Fire Safety USA, Inc.

FIRE APPARATUS PURCHASE CONTRACT AGREEMENT

This Agreement ("Agreement") is made this __ th day of January, 2015, by and between Fire Safety USA, Inc., 3253 19th Street NW, Rochester, MN, 55901, (hereinafter "Company") and the City of Eden Prairie, MN (hereinafter "Buyer").

1.) Purchase: The Company agrees to sell, and the Buyer agrees to purchase, the fire apparatus and equipment described in the Company's Proposal and the Specifications attached hereto and hereby incorporated by reference (the "Apparatus"), all in accordance with the terms and conditions of this Agreement. Changes to the Specifications attached hereto will only be executed by the Company if documented by a Change Order signed by both parties. In the event of any conflict between the Company's Proposal and the Buyer's Specifications, the Company's proposal shall prevail.

2.) Price: Buyer agrees to pay a purchase price of Seven Hundred Thirty Thousand Dollars ($730,000.00). Unless otherwise specified, this Purchase Price is exclusive of all Federal, State or local taxes of any nature. Any such taxes are the sole responsibility of the Buyer unless specifically added to the Purchase Price, at which time they will be paid by the Company; provided, however, if the Buyer claims the Order is exempt from any tax, Buyer agrees to furnish the applicable exemption certificate to the Company and to hold the Company harmless from any damage which may result from the Company ultimately having any such tax assessed against it.

Buyer agrees that the terms of payment shall include cash upon delivery. If other than cash due upon delivery, check the appropriate box.

 Lease-Purchase Agreement - Financing *

 HGAC ORDER *

* Details of financing are covered under a separate section and are included as a part of this Agreement.

PAYMENTS

CUSTOMER SHALL MAKE ALL PAYMENTS, INCLUDING DEPOSITS AND PARTIAL PAYMENTS, TO THE COMPANY ONLY. ALL CHECKS SHALL BE MADE PAYABLE TO FIRE SAFETY USA, INC. NO OTHER PAYEE SHALL BE NAMED.

If more than one Apparatus is included and they are delivered on different dates, the terms of payment shall apply to each delivery and an invoice covering each delivery shall be issued.

3.) Pre-Build: A pre-build conference will be conducted to ascertain and confirm customer requirements with respect to the Apparatus ordered by Buyer. Both parties agree that the pre-build conference will be conducted no later than thirty (30) business days from execution of this Agreement.

4.) Delivery: The Apparatus shall be delivered F.O.B. to the Fire Department located at 14800 Scenic Heights Road, Eden Prairie, MN 55344 approximately [270] calendar days after order release or [N/A] calendar days after execution of this Agreement by Buyer and the receipt and execution of same by the Company at its Manufacturing offices in Ocala, Florida. If Buyer has specified a stock unit, delivery date shall be approximately [N/A] calendar days after receipt of chassis at Ocala plant.

FIRE SAFETY

It is agreed that such delivery is subject to delays caused by war, acts of god, hurricane, labor shortages or strikes, inability to obtain materials, and other causes reasonably beyond the control of the Company and that the Company will not be liable for such delays. Buyer will be notified no less than fourteen (14) business days in advance of the delivery date.

5.) Customer Factory Inspection: The Company will notify Buyer on the date that the Apparatus is completed (the “notified completion date”). Buyer will have up to ten (10) business days from the notified completion date to conduct Buyer's final factory inspection. The inspection will be conducted at Fire Safety USA Inc., 3253 19th Street NW, Rochester, MN 55901. Buyer may reject the Apparatus during the inspection if the Apparatus does not conform to the Company’s Proposal and Specifications or the Apparatus contains any defect. Company represents that the Apparatus will conform to the Company’s Proposal and Specifications upon delivery. If, at any time, Buyer discovers that the Apparatus does not conform to the Company’s Proposal and Specifications, Buyer may reject the Apparatus. In the event that Buyer fails to make inspection of the Apparatus within the ten (10) business day period from the notified completion date, Company reserves the right thereafter, at Company's option:

a. to arrange for shipment of the Apparatus to the dealer by the drive-away service of Company's choice, at Buyer's sole expense, and to charge the Customer the full invoice price for the Apparatus, which shall be paid for in the manner specified in paragraph 2; or

b. to dispose of the Apparatus by sale to any other party, and if the price received on account thereof shall be less than the price specified in paragraph 2, Buyer shall be liable for the difference together with all costs of disposal; or

c. to hold the Apparatus at the Company's plant until such time as Buyer makes inspection, and to charge Buyer a storage fee for each day, calculated pro-rata for each day at an annual rate of 18% on the price specified in paragraph 2.

In the event that Buyer fails to make inspection of the Apparatus within the ten (10) business days of the notified completion date, Buyer shall bear the risk of loss or damage to all Apparatus remaining in the possession of the Company after the ten (10) business days after the notified completion date, except when the Apparatus is in the possession of a Company contracted drive-away service.

6.) Buyer's Cancellation for Convenience: If Buyer tenders any cancellation hereunder, Buyer shall nevertheless accept delivery of all products which are completed at the time of cancellation. Those products which constitute work-in-process inventory at the time of cancellation shall be paid for by Buyer at a price equal to the completed percentage of the product multiplied by the price specified in Paragraph 2. This Paragraph does not apply in the event that Buyer terminates the Agreement due to Company’s breach of any paragraph herein.

7.) Title: The Company and Buyer agree that the Manufacturer's Certificate of Origin shall remain with the Company until the Company has been paid in full. Provided that the Company has been paid in full, the Certificate of Origin shall remain with the Company until the Apparatus is delivered to the Buyer. Certificate of Origin will be sent to Buyer within ten business days after pick up of vehicle. Upon delivery of the Apparatus to Buyer, responsibility for title application, ownership and risk of loss shall pass from Company to Buyer. Company shall execute and deliver all additional instruments, documents, and certificates and take further action reasonably requested by Buyer to affect the transfer of and/or to vest title in Buyer.

FIRE SAFETY

8.) Warranty: The Company warrants each new Apparatus manufactured against defects in material and workmanship for a period of one year from the - inservice date per the Warranty Registration Card. Warranties beyond one year may be applicable to certain components of the Apparatus as described in the Statements of Warranty previously provided to the Buyer. This warranty is in favor of the original user/purchaser, in accordance with the Company's preprinted Statements of Warranty which are either attached to the Agreement or have otherwise been delivered to Buyer. Buyer hereby acknowledges receipt of the Company's preprinted Statements of Warranty.

With respect to any Apparatus not manufactured by the Company, such items shall not be warranted by the Company but shall be subject to the warranty provided by the manufacturer.

These warranties are in lieu of all other warranties, whether express or implied, and THE COMPANY EXPRESSLY DISCLAIMS ALL OTHER SUCH WARRANTIES, INCLUDING WITHOUT LIMITATIONANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

9.) Audit Disclosure and Data Practices: Any reports, information, data, etc. given to, or prepared or assembled by Company under this Agreement which Buyer requests to be kept confidential, shall not be made available to any individual or organization without Buyer’s prior written approval. The books, records, documents and accounting procedures and practices of Company or other parties relevant to this Agreement are subject to examination by Buyer and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Company in performing any of the functions of Buyer during performance of this Agreement is subject to the requirements of the Data Practice Act and Company shall comply with those requirements as if it were a government entity. All subcontracts entered into by Company in relation to this Agreement shall contain similar Data Practices Act compliance language.

10.) Non-Discrimination: During the performance of this Agreement, Company shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. Company shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. Company shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. Company further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.

11.) Conflicts: No salaried officer or employee of Buyer and no member of the Council, or Commission, or Board of Buyer shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the agreement void.

12.) Rights and Remedies: The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.

13.) Damages: In the event of a breach of this Agreement by Buyer, Company shall not be entitled to recover punitive, special or consequential damages or damages for loss of business.

14.) Enforcement: Company shall reimburse Buyer for all costs and expenses, including without limitation, attorneys' fees paid or incurred by Buyer in connection with the enforcement by Buyer during the term of this Agreement or thereafter of any of the rights or remedies of Buyer under this Agreement.

15.) Governing Law: This Agreement shall be controlled by the laws of the State of Minnesota.

16.) Severability: The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract.

17.) Waiver: No action nor failure to act by Buyer or Company shall constitute a waiver of any right or duty afforded any of them under the Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.

18.) Notices: The parties to this Agreement designate City of Eden Prairie MN, as representative of the Buyer and Fire Safety USA, Inc. as representative of the Company for purposes of all communications regarding this Agreement.

19.) Waiver of Jury Trial: The parties to this Agreement agree that any dispute arising hereunder, if brought before a court having proper jurisdiction, shall be adjudicated in a bench trial and the parties expressly waive any right to have such matter(s) tried before a jury.

20.) Compliance with Laws and Regulations: In providing the goods and services hereunder, Company shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle Buyer to immediately terminate this Agreement.

21.) Entire Agreement: This Agreement, including its attachments and exhibits, constitutes the entire understanding between the parties relating to the subject matter contained herein and supersedes all prior discussions and Agreements. No agent or representative of the Company has authority to make any representations, statements, warranties or Agreements not herein expressed and all modifications or amendments of this Agreement, including its attachments and exhibits, must be in writing signed by an authorized representative of each of the parties hereto.

21.) Acceptance by Company: This Agreement shall not constitute a valid and binding obligation of the Company until accepted in writing by an officer of the Company at its offices in Rochester, Minnesota. When requested by the Company, the Buyer shall furnish a satisfactory written opinion of the Buyer's attorney that the Buyer has the power to make the Agreement, that the individual signing is authorized to sign on behalf of the Buyer, and that this Agreement is a valid, legal and enforceable obligation of the Buyer.

IN WITNESS WHEREOF, The Company and the Buyer have caused this Agreement to be executed by their duly authorized representatives as of the date set forth by each.

BUYER: COMPANY:

CITY OF EDEN PRAIRIE, MN FIRE SAFETY USA, INC.

By: ______By: ______Ryan Clarey, Fire Safety USA, Inc.

Title: ______Title: Dealer Principal

Date: Date:

Company’s Proposal and Specifications

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0500 PACE 2 Or 2 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 3, 2015

DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Stuart Fox, Parks and Natural

Resources Manager Award Bid for Tennis and Basketball Court Reconstruction at Franlo Park

Requested Action

Move to: Award the contract for tennis and basketball court reconstruction at Franlo Park to Minnesota Roadways Company in the amount of $188,784.

Synopsis

The City advertised for the total reconstruction of the tennis/basketball court area at Franlo Park. Specifications for the work were prepared by city staff and the City received bids were received from six contractors.

Background

Last year the tennis courts at Franlo Park were scheduled for replacement. However when the bids for reconstruction were received there was only one bidder and their bid was nearly $100,000 higher than the estimate. The bid was rejected and staff made plans to rebid the project in January 2015.

These court areas were originally constructed in 1988 and began to experience considerable structural cracking of the court surfaces several years ago. This has led to water infiltration into the sub-base layer thereby increasing the frequency and size of the structural cracks. The only way to rectify the current surface issues is to tear out the existing courts and completely rebuild them. The courts configuration will change slightly with one fenced tennis court, four fenced pickleball courts and a full size basketball court. The sub base will be improved using drain tile for increased drainage. The court facility will be in the same general location and physical size.

Bid Summary and Recommendation

The summary of the bids received is as follows: • MN Roadways Co. $188,784.00 • Midwest Asphalt Corp. $190,600.00 • Bituminous Roadways, Inc. $197,175.00 • Northwest Asphalt, Inc. $202,975.00 • ACI Asphalt, Inc. $219,805.00 • Plehal Blacktopping, Inc. $249,750.00

Each of the submitters has met the guidelines as detailed in the bid specification and staff recommends the contract be awarded to Minnesota Roadways, Inc.

Funding for the court reconstruction replacement work will come from the Capital Improvement Program. The CIP project budget appropriation for this project is $150,000. Construction will begin in May and the anticipated completion date is the middle of July.

CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 3, 2015

DEPARTMENT/DIVISION: ITEM DESCRIPTION: 11-5801 ITEM NO.: VIII.D. Approve Subordinate Funding Agreement Randy Newton 01 for the Town Center North-South Road Public Works / Engineering with Metropolitan Council for the Southwest Light Rail Transit Project

Requested Action

Move to: Approve Subordinate Funding Agreement 01 for the Town Center North-South Road with Metropolitan Council for the Southwest Light Rail Transit Project.

Synopsis

This agreement provides for the design of the north-south roadway in the Town Center as part of the Southwest Light Rail Transit Project. A determination will be made at a later date regarding whether or not to proceed with construction of the roadway.

Background Information

The new north-south roadway in the Town Center is expected to be a focal point in the redevelopment of the LRT station area and will provide new connections and improved access to the area. The segment of the roadway between Singletree Lane and the Town Center LRT station is the first phase of the roadway which is ultimately planned to connect Technology Drive to Regional Center Road. This segment of the roadway is included in the City’s Capital Improvement Plan for 2018 and 2019.

In order to best coordinate design of the roadway with the Southwest LRT project and to allow for possible outside funding of the roadway it is recommended that the Singletree Lane to Town Center station segment of the north-south roadway be designed with the Southwest LRT project. After construction costs for the roadway are known a decision on whether or not to proceed with construction will need to be made. If it is recommended to construct the roadway with the Southwest LRT project a separate Subordinate Funding Agreement for construction will be required.

Financial Implications

The agreement for design of the north-south roadway has an estimated cost of $145,745. Costs for the design will be paid from the Economic Development Fund.

Attachment

Subordinate Funding Agreement 01

Reference Numbers: SWLRT Project: 61001 Metropolitan Council: City of Eden Prairie: ______

PROJECT: SOUTHWEST LIGHT RAIL TRANSIT PROJECT

MASTER AGREEMENT: Master Funding Agreement – City of Eden Prairie

PARTIES TO AGREEMENT: • Metropolitan Council (“Council”) • City of Eden Prairie (“City”)

SUBORDINATE FUNDING AGREEMENT City of Eden Prairie - SFA 01 (North-South Roadway)

This Subordinate Funding Agreement (“SFA”) with the City of Eden Prairie is entered into by and between the above named Parties.

WHEREAS:

1. The Parties entered into a Southwest Light Rail Transit Project (“Project”) Master Funding Agreement (“MFA”), effective January 29, 2015.

2. The Parties provided in the MFA that certain aspects of funding for the Project or components related to but not part of the Project would be determined in subsequent SFAs.

3. The Parties desire to enter into this SFA to transfer City funds to reimburse the cost for Council activities for professional services and the Council’s administrative fee to produce design plans and a construction cost estimate for proposed components related to, but not part of the Project.

4. The Parties will be required to enter into a subsequent SFA to address environmental documentation for proposed components related to, but not part of the Project.

5. The Parties acknowledge that the planning of the Project will require numerous federal, state and local processes, approvals and funding commitments. The environmental review and other processes for the Project are ongoing and the Project is subject to change to address those processes. The outcomes of those processes may affect whether the components requested in this SFA will ultimately be constructed.

NOW, THEREFORE, in reliance on the statements in these recitals, the Parties hereby agree as follows:

1. Maximum Amount of Authorized Funding. The cost for the Council’s professional services and administration activities authorized by this SFA shall not exceed $145,745 unless authorized in a subsequent agreement or an amendment to this SFA.

EP SFA01 - N/S Roadway_rev03 00_20150127 Page 1 of 5 2. SFA Budget. The budget for the Council’s activities described in this SFA is provided as Exhibit A. City funds provided for this SFA may only be used for reimbursing the Council’s costs for activities directly incurred within the described Description of Activities and as detailed in the MFA.

3. Description of Activities. The activities to be performed by the Council and reimbursed by the City includes the development of design plans and a construction cost estimate for a new north- south roadway (“North-South Roadway”) connecting the proposed Town Center Station in the City of Eden Prairie to Singletree Lane. This proposed North-South Roadway is generally located immediately west of the Town Center Station and cul-de-sac, both to be constructed as part of the Project and proceeding south to Singletree Lane. See Exhibit B for a general depiction and location of the North-South Roadway. If authorized by the City, the North-South Roadway is anticipated to be constructed by the Project and include curb, gutter, trail, sidewalk, streetscaping, and utilities.

The Council will incorporate the North-South Roadway design plans as a bid alternate in the proposed Project construction bid documents if: a) the environmental review of the Project and the components described in this SFA allow the construction of the North-South Roadway; and b) the Project is permitted to proceed to construction. The North-South Roadway construction specifications will be incorporated in the overall specifications within the Project construction bid documents. No separate or stand alone specifications for the North-South Roadway design plans will be created.

After the Council selects a Project construction bid and the bid alternate is public, the City will determine whether or not to accept the bid alternate. If the City chooses to accept the bid alternate, the City is required to enter into a subsequent SFA authorizing the Council to construct the bid alternate and reimburse the Council costs.

4. Environmental Documentation. The Parties will be required to enter into a subsequent SFA that identifies the cost for the Council’s professional services to provide environmental documentation for the North-South Roadway. The subsequent SFA will describe terms requiring the City to reimburse the Council’s cost for environmental documentation and administration activities associated with the North-South Roadway.

5. Release of Design Plans. If the City does not enter into an SFA with the Council to construct the North-South Roadway along with the construction of the Project, but requests the Council to release the North-South Roadway design plans to the City for the purpose of current or future use of the plans, the Council shall release the design plans provided an amendment to this SFA or a subsequent agreement is executed by the Parties to address indemnification, liability, claims, access, copyright, and related issues as a result of the release of the North-South Roadway design plans.

6. Property Acquisition. It is anticipated that property rights will need to be acquired to construct the proposed North-South Roadway. If it is necessary to acquire property rights for the North- South Roadway, subsequent agreements must address property access, acquisition, disposition, and other real property matters needed to construct the North-South Roadway beyond what is required to construct the Project.

7. Project Activity Periods. The term of this SFA shall be effective as of January 29, 2015 and

EP SFA01 - N/S Roadway_rev03 00_20150127 Page 2 of 5 shall terminate on the date all costs under this SFA have been reimbursed, unless terminated earlier consistent with the terms of the MFA.

8. No Guarantee of Construction. This SFA describes terms requiring the City to reimburse the Council’s cost for design activities associated with the requested North-South Roadway. It does not guarantee that the North-South Roadway will satisfy environmental review or be constructed. The City and the Council acknowledge that nothing in this Agreement shall require the Council to take any action or make any decision that will prejudice or compromise any review or decision-making processes required under state and federal environmental review laws, regulations or rules. The Parties intend this Agreement to be interpreted consistent with statutory and other legal authorities, including but not limited to the Minnesota Environmental Policy Act and the National Environmental Policy Act. The Parties agree that this SFA does not limit the alternatives or mitigative measures that the Council may undertake in the development and construction of the Project. The Council retains the right to make decisions and necessary approvals associated with Project requirements.

9. Incorporation. The terms, conditions, and definitions of the MFA are expressly incorporated into this SFA.

CITY OF EDEN PRAIRIE METROPOLITAN COUNCIL By: By:

Its: Its:

Date: Date:

By:

Its:

Date:

EP SFA01 - N/S Roadway_rev03 00_20150127 Page 3 of 5 Exhibit A SFA Budget: North South Road from Town Center Station to Singletree Lane

Item Cost Professional Services Design Cost $141,500 Administrative Fee (3% of Professional Services) 4,245 Maximum Amount of Authorized Funding $145,745

EP SFA01 - N/S Roadway_rev03 00_20150127 Page 4 of 5

Exhibit B North South Road from Town Center Station to Singletree Lane

EP SFA01 - N/S Roadway_rev03 00_20150127 Page 5 of 5 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 3, 2015

DEPARTMENT/DIVISION: ITEM DESCRIPTION: 11-5801 ITEM NO.: VIII.E. Approve Subordinate Funding Agreement Randy Newton 02 for the Golden Triangle Trail with Public Works / Engineering Metropolitan Council for the Southwest Light Rail Transit Project

Requested Action

Move to: Approve Subordinate Funding Agreement 02 for the Golden Triangle Trail with Metropolitan Council for the Southwest Light Rail Transit Project.

Synopsis

This agreement provides for the design of a trail south of the Golden Triangle LRT station paralleling the LRT alignment as part Southwest Light Rail Transit Project. A determination will be made at a later date regarding whether or not to proceed with construction of the trail.

Background Information

A new trail south of the Golden Triangle LRT station paralleling the eastern side of the Southwest LRT alignment was identified in the Golden Triangle Transitional Station Area Action Plan and prioritized as an opening day station area improvement. The trail would extend from the end of the existing trail north of Valley View Road to West 70th Street and would improve pedestrian and bike access to the Golden Triangle Station. Due to the specific location of the trail and its proximity to the LRT alignment the trail may not be feasible unless it is constructed with the Southwest LRT project.

In order to coordinate design, enable construction, and to allow for possible outside funding of the trail it is recommended that the trail be designed with the Southwest LRT project. After construction costs for the trail are known a decision on whether or not to proceed with construction will need to be made. If it is recommended to construct the trail with the Southwest LRT project a separate Subordinate Funding Agreement for construction will be required.

Financial Implications

The agreement for design of the trail has an estimated cost of $42,333. Costs for the design will be paid from the Transportation Fund.

Attachment

Subordinate Funding Agreement 02

Reference Numbers: SWLRT Project: 61001 Metropolitan Council: City of Eden Prairie: ______

PROJECT: SOUTHWEST LIGHT RAIL TRANSIT PROJECT

MASTER AGREEMENT: Master Funding Agreement – City of Eden Prairie

PARTIES TO AGREEMENT: • Metropolitan Council (“Council”) • City of Eden Prairie (“City”)

SUBORDINATE FUNDING AGREEMENT City of Eden Prairie - SFA 02 (Trail from Golden Triangle Station)

This Subordinate Funding Agreement (“SFA”) with the City of Eden Prairie is entered into by and between the above named Parties.

WHEREAS:

1. The Parties entered into a Southwest Light Rail Transit Project (“Project”) Master Funding Agreement (“MFA”), effective January 29, 2015.

2. The Parties provided in the MFA that certain aspects of funding for the Project or components related to but not part of the Project would be determined in subsequent SFAs.

3.a The P rties desire to enter into this SFA to transfer City funds to reimburse the cost for Council activities for professional services and the Council’s administrative fee to produce design plans and a construction cost estimate for proposed components related to, but not part of the Project.

4. The Parties will be required to enter into a subsequent SFA to address environmental documentation for proposed components related to, but not part of the Project.

NOW, THEREFORE, in reliance on the statements in these recitals, the Parties hereby agree as follows:

1. Maximum Amount of Authorized Funding. The cost for the Council’s professional services and administration activities authorized by this SFA shall not exceed $42,333 unless authorized in a subsequent agreement or an amendment to this SFA.

EP SFA02 – Trail from Golden Triangle Station_rev03 00_20150127 Page 1 of 5 2. SFA Budget. The budget for the Council’s activities described in this SFA is provided as Exhibit A. City funds provided for this SFA may only be used for reimbursing the Council’s costs for activities directly incurred within the described Description of Activities and as detailed in the MFA.

3. Description of Activities. The activities to be performed by the Council and reimbursed by the City includes the development of design plans and a construction cost estimate for a new 8-foot wide bituminous trail (“Golden Triangle Station Trail”) with a 2-foot buffer on each side extending from the south side of West 70th Street to an existing trail that continues to Valley View Road. See Exhibit B for a general depiction and location of the Golden Triangle Station Trail. If authorized by the City, the Golden Triangle Station Trail is anticipated to be constructed by the Project and include retaining walls and fencing between the Golden Triangle Station Trail and the light rail tracks.

The Council will incorporate the Golden Triangle Station Trail design plans as a bid alternate in the proposed Project construction bid documents if: a) the environmental review of the Project and the components described in this SFA allow the construction of the Golden Triangle Station Trail; and b) the Project is permitted to proceed to construction. The Golden Triangle Station Trail construction specifications will be incorporated in the overall specifications within the Project construction bid documents. No separate or stand alone specifications for the Golden Triangle Station Trail design plans will be created.

4. Environmental Documentation. The Parties will be required to enter into a subsequent SFA that identifies the cost for the Council’s professional services to provide environmental documentation for the Golden Triangle Station Trail. The subsequent SFA will describe terms requiring the City to reimburse the Council’s cost for environmental documentation and administration activities associated with the Golden Triangle Station Trail.

5. Release of Design Plans. If the City does not enter into an SFA with the Council to construct the Golden Triangle Station Trail along with the construction of the Project, but requests the Council to release the Golden Triangle Station Trail design plans to the City for the purpose of current or future use of the plans, the Council shall release the design plans provided an amendment to this SFA or a subsequent agreement is executed by the Parties to address indemnification, liability, claims, access, copyright, and related issues as a result of the release of the Golden Triangle Station Trail design plans.

6. Property Acquisition. It is anticipated that property rights will need to be acquired to construct the proposed Golden Triangle Station Trail. If it is necessary to acquire property rights for the Golden Triangle Station Trail, subsequent agreements must address property access, acquisition, disposition, and other real property matters needed to construct the Golden Triangle Station Trail beyond what is required to construct the Project.

7. Project Activity Periods. The term of this SFA shall be effective as of January 29, 2015 and shall terminate on the date all costs under this SFA have been reimbursed, unless terminated

EP SFA02 – Trail from Golden Triangle Station_rev03 00_20150127 Page 2 of 5 earlier consistent with the terms of the MFA.

8. No Guarantee of Construction. This SFA describes terms requiring the City to reimburse the Council’s cost for design activities associated with the requested Golden Triangle Station Trail. It does not guarantee that the Golden Triangle Station Trail will satisfy environmental review or be constructed. The City and the Council acknowledge that nothing in this Agreement shall require the Council to take any action or make any decision that will prejudice or compromise any review or decision-making processes required under state and federal environmental review laws, regulations or rules. The Parties intend this Agreement to be interpreted consistent with statutory and other legal authorities, including but not limited to the Minnesota Environmental Policy Act and the National Environmental Policy Act. The Parties agree that this SFA does not limit the alternatives or mitigative measures that the Council may undertake in the development and construction of the Project. The Council retains the right to make decisions and necessary approvals associated with Project requirements.

9. Incorporation. The terms, conditions, and definitions of the MFA are expressly incorporated into this SFA.

CITY OF EDEN PRAIRIE METROPOLITAN COUNCIL

By: By:

Its: Its:

Date: Date:

By:

Its:

Date:

EP SFA02 – Trail from Golden Triangle Station_rev03 00_20150127 Page 3 of 5 Exhibit A SFA Budget –Trail from Golden Triangle Station to Valley View Road

Item Cost Professional Services Design Cost $41,100 Administrative Fee (3% of Professional Services) 1,233 Maximum Amount of Authorized Funding $42,333

EP SFA02 – Trail from Golden Triangle Station_rev03 00_20150127 Page 4 of 5

Exhibit B Trail from Golden Triangle Station to Valley View Road

EP SFA02 – Trail from Golden Triangle Station_rev03 00_20150127 Page 5 of 5 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 3, 2015

DEPARTMENT/DIVISION: ITEM DESCRIPTION: #11-5801 ITEM NO.: VIII.F. Approve Subordinate Funding Agreement Randy Newton 03 for the Southwest Station Trail with Public Works / Engineering Metropolitan Council for the Southwest Light Rail Transit Project

Requested Action

Move to: Approve Subordinate Funding Agreement 03 for the Southwest Station Trail with Metropolitan Council for the Southwest Light Rail Transit Project.

Synopsis

This agreement provides for the design of a trail from the Prairie Center Drive / Highway 212 South Ramp intersection to the Southwest Station LRT and Bus platform. A determination will be made at a later date regarding whether or not to proceed with construction of the trail.

Background Information

A new trail from the Prairie Center Drive / Highway 212 South Ramp intersection to the Southwest Station LRT and Bus platform was identified in the Southwest Station Transitional Station Area Action Plan and prioritized as an opening day station area improvement. Due to the specific location of the trail and its proximity to the LRT alignment the trail may not be feasible unless it is constructed with the Southwest LRT project.

Financial Implications

The agreement for design of the trail has an estimated cost of $31,683. Costs for the design will be paid from the Transportation Fund.

Attachment

Subordinate Funding Agreement 03

Reference Numbers: SWLRT Project: 61001 Metropolitan Council: City of Eden Prairie: ______

PROJECT: SOUTHWEST LIGHT RAIL TRANSIT PROJECT

MASTER AGREEMENT: Master Funding Agreement – City of Eden Prairie

PARTIES TO AGREEMENT: • Metropolitan Council (“Council”) • City of Eden Prairie (“City”)

SUBORDINATE FUNDING AGREEMENT City of Eden Prairie – SFA 03 (Southwest Station Trail)

This Subordinate Funding Agreement (“SFA”) with the City of Eden Prairie is entered into by and between the above named Parties.

WHEREAS:

1. The Parties entered into a Southwest Light Rail Transit Project (“Project”) Master Funding Agreement (“MFA”), effective January 29, 2015.

2. The Parties provided in the MFA that certain aspects of funding for the Project or components related to but not part of the Project would be determined in subsequent SFAs.

4. The Parties will be required to enter into a subsequent SFA to address environmental documentation for proposed components related to, but not part of the Project.

NOW, THEREFORE, in reliance on the statements in these recitals, the Parties hereby agree as follows:

1. Maximum Amount of Authorized Funding. The cost for the Council’s professional services and administration activities authorized by this SFA shall not exceed $31,683 unless authorized in a subsequent agreement or an amendment to this SFA.

EP SFA03 –SW Station Trail_rev03 00_20150127 Page 1 of 5 2. SFA Budget. The budget for the Council’s activities described in this SFA is provided as Exhibit A. City funds provided for this SFA may only be used for reimbursing the Council’s costs for activities directly incurred within the described Description of Activities and as detailed in the MFA.

3. Description of Activities. The activities to be performed by the Council and reimbursed by the City includes the development of design plans and a construction cost estimate for a new 8-foot wide concrete trail (“Southwest Station Trail”) with a 2-foot buffer on each side, extending from the east side of the Southwest Station platform to Prairie Center Dive along the north side of the light rail tracks. See Exhibit B for a general depiction and location of the Southwest Station Trail. If authorized by the City, the Southwest Station Trail is anticipated to be constructed by the Project, and include retaining walls, pedestrian-scale lighting, fencing between the Southwest Station Trail and the light rail tracks, storm sewer relocation, demolition, new pavement, curb, gutter, and guardrails associated with the TH 212 off-ramp.

The Council will incorporate the Southwest Station Trail design plans as a bid alternate in the proposed Project construction bid documents if: a) the environmental review of the Project and the components described in this SFA allow the construction of the Southwest Station Trail; and b) the Project is permitted to proceed to construction. The construction specifications associated with the Southwest Station Trail design plans will be incorporated in the overall specifications within the Project construction bid documents. No separate or stand alone specifications for the Southwest Station Trail design plans will be created.

4. Environmental Documentation. The Parties will be required to enter into a subsequent SFA that identifies the cost for the Council’s professional services to provide environmental documentation for the Southwest Station Trail. The subsequent SFA will describe terms requiring the City to reimburse the Council’s cost for environmental documentation and administration activities associated with the Southwest Station Trail.

5. Release of Design Plans. If the City does not enter into an SFA with the Council to construct the Southwest Station Trail along with the construction of the Project, but requests the Council to release the Southwest Station Trail design plans to the City for the purpose of current or future use of the plans, the Council shall release the design plans provided an amendment to this SFA or a subsequent agreement is executed by the Parties to address indemnification, liability, claims, copyright, access, and related issues as a result of the release of the Southwest Station Trail design plans.

6. Property Acquisition. If it is necessary to acquire property rights for the Southwest Station Trail, subsequent agreements must address property access, acquisition, disposition, and other real property matters needed to construct the Southwest Station Trail beyond what is required to construct the Project.

7. Project Activity Periods. The term of this SFA shall be effective as of January 29, 2015 and

EP SFA03 –SW Station Trail_rev03 00_20150127 Page 2 of 5 shall terminate on the date all costs under this SFA have been reimbursed, unless terminated earlier consistent with the terms of the MFA.

8. No Guarantee of Construction. This SFA describes terms requiring the City to reimburse the Council’s cost for design activities associated with the requested Southwest Station Trail. It does not guarantee that the Southwest Station Trail will satisfy environmental review or be constructed. The City and the Council acknowledge that nothing in this Agreement shall require the Council to take any action or make any decision that will prejudice or compromise any review or decision-making processes required under state and federal environmental review laws, regulations or rules. The Parties intend this Agreement to be interpreted consistent with statutory and other legal authorities, including but not limited to the Minnesota Environmental Policy Act and the National Environmental Policy Act. The Parties agree that this SFA does not limit the alternatives or mitigative measures that the Council may undertake in the development and construction of the Project. The Council retains the right to make decisions and necessary approvals associated with Project requirements.

9. Incorporation. The terms, conditions, and definitions of the MFA are expressly incorporated into this SFA.

CITY OF EDEN PRAIRIE METROPOLITAN COUNCIL

By: By:

Its: Its:

Date: Date:

By:

Its:

Date:

EP SFA03 –SW Station Trail_rev03 00_20150127 Page 3 of 5 Exhibit A SFA Budget – Trail from Prairie Center Drive to SouthWest Station

Item Cost Professional Services Design Cost $30,760 Administrative Fee (3% of Professional Services) 923 Maximum Amount of Authorized Funding $31,683

EP SFA03 –SW Station Trail_rev03 00_20150127 Page 4 of 5

Exhibit B Trail from Prairie Center Drive to SouthWest Station

EP SFA03 –SW Station Trail_rev03 00_20150127 Page 5 of 5 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 3, 2015

DEPARTMENT/DIVISION: ITEM DESCRIPTION: #11-5801 ITEM NO.: VIII.G. Approve Subordinate Funding Agreement Randy Newton 04 for the Technology Drive Extension with Public Works / Engineering Metropolitan Council for the Southwest Light Rail Transit Project

Requested Action

Move to: Approve Subordinate Funding Agreement 04 for the Technology Drive Extension with Metropolitan Council for the Southwest Light Rail Transit Project.

Synopsis

This agreement provides for the design of an approximately 150 foot extension of Technology Drive to the west of Flying Cloud Drive. A determination will be made at a later date regarding whether or not to proceed with construction of the roadway extension.

Background Information

The upgrade of the eastern segment of Technology Drive (segment east of Flying Cloud Drive) to an urban 3-lane roadway and to match the existing roadway to the west has been proposed in previous versions of the Capital Improvement Plan (CIP) and is currently included in the CIP for 2017. As currently proposed the Southwest LRT project will construct the majority of this roadway segment however an approximately 150 foot section of unimproved Technology Drive will remain. In order to obtain the best final roadway product and to minimize construction impacts it is recommended that this 150 section of roadway be designed and constructed with the Southwest LRT project. Prior to beginning construction a separate Subordinate Funding Agreement for construction will be required.

Financial Implications

The agreement for design of the roadway extension has an estimated cost of $6,583. Costs for the design will be paid using Municipal State Aid funds.

Attachment

Subordinate Funding Agreement 04

Reference Numbers: SWLRT Project: 61001 Metropolitan Council: City of Eden Prairie: ______

PROJECT: SOUTHWEST LIGHT RAIL TRANSIT PROJECT

MASTER AGREEMENT: Master Funding Agreement – City of Eden Prairie

PARTIES TO AGREEMENT: • Metropolitan Council (“Council”) • City of Eden Prairie (“City”)

SUBORDINATE FUNDING AGREEMENT City of Eden Prairie - 04 (Technology Drive Extension)

This Subordinate Funding Agreement (“SFA”) with the City of Eden Prairie is entered into by and between the above named Parties.

WHEREAS:

1. The Parties entered into a Southwest Light Rail Transit Project (“Project”) Master Funding Agreement (“MFA”), effective January 29, 2015.

2. The Parties provided in the MFA that certain aspects of funding for the Project or components related to but not part of the Project would be determined in subsequent SFAs.

4. The Parties will be required to enter into a subsequent SFA to address environmental documentation for proposed components related to, but not part of the Project.

NOW, THEREFORE, in reliance on the statements in these recitals, the Parties hereby agree as follows:

1. Maximum Amount of Authorized Funding. The cost for the Council’s professional services and administration activities authorized by this SFA shall not exceed $6,583 unless authorized in a subsequent agreement or an amendment to this SFA.

EP SFA04_LRCI Technology Drive Extension_rev03 00_20150127 Page 1 of 5 2. SFA Budget. The budget for the Council’s activities described in this SFA is provided as Exhibit A. City funds provided for this SFA may only be used for reimbursing the Council’s costs for activities directly incurred within the described Description of Activities and as detailed in the MFA.

3. Description of Activities. The activities to be performed by the Council and reimbursed by the City includes the development of design plans and a construction cost estimate to reconstruct a 150-foot section of Technology Drive (“Technology Drive Extension”) located west of 11825 Technology Drive in Eden Prairie. See Exhibit B for a general depiction and location of the Technology Drive Extension. If authorized by the City, the Technology Drive Extension is anticipated to be constructed by the Project, and include curb, gutter, trail, and storm water utilities.

The Council will incorporate the Technology Drive Extension design plans as a bid alternate in the proposed Project construction bid documents if: a) the environmental review of the Project and the components described in this SFA allow the construction of the Technology Drive Extension; and b) the Project is permitted to proceed to construction. Specifications associated with the Technology Drive Extension design plans will be incorporated in the overall specifications within the Project construction bid documents. No separate or stand alone specifications for the Technology Drive Extension design plans will be created.

4. Environmental Documentation. The Parties will be required to enter into a subsequent SFA that identifies the cost for the Council’s professional services to provide environmental documentation for the Technology Drive Extension. The subsequent SFA will describe terms requiring the City to reimburse the Council’s cost for environmental documentation and administration activities associated with the Technology Drive Extension.

5. Release of Design Plans. If the City does not enter into an SFA with the Council to construct the Technology Drive Extension along with the construction of the Project, but requests the Council to release the Technology Drive Extension design plans to the City for the purpose of current or future use of the plans, the Council shall release the design plans provided an amendment to this SFA or a subsequent agreement is executed by the Parties to address indemnification, liability, claims, access, copyright, and related issues as a result of the release of the Technology Drive Extension design plans.

6. Property Acquisition. If it is necessary to acquire property rights for the Technology Drive Extension, subsequent agreements must address property access, acquisition, disposition, and other real property matters needed to construct the Technology Drive Extension beyond what is required to construct the Project.

7. Project Activity Periods. The term of this SFA shall be effective as of January 29, 2015 and shall terminate on the date all costs under this SFA have been reimbursed, unless terminated earlier consistent with the terms of the MFA.

EP SFA04_LRCI Technology Drive Extension_rev03 00_20150127 Page 2 of 5

8. No Guarantee of Construction. This SFA describes terms requiring the City to reimburse the Council’s cost for design activities associated with the requested Technology Drive Extension. It does not guarantee that the Reconstructed Roadway will satisfy environmental review or be constructed. The City and the Council acknowledge that nothing in this Agreement shall require the Council to take any action or make any decision that will prejudice or compromise any review or decision-making processes required under state and federal environmental review laws, regulations or rules. The Parties intend this Agreement to be interpreted consistent with statutory and other legal authorities, including but not limited to the Minnesota Environmental Policy Act and the National Environmental Policy Act. The Parties agree that this SFA does not limit the alternatives or mitigative measures that the Council may undertake in the development and construction of the Project. The Council retains the right to make decisions and necessary approvals associated with Project requirements.

9. Incorporation. The terms, conditions, and definitions of the MFA are expressly incorporated into this SFA.

CITY OF EDEN PRAIRIE METROPOLITAN COUNCIL

By: By:

Its: Its:

Date: Date:

By:

Its:

Date:

EP SFA04_LRCI Technology Drive Extension_rev03 00_20150127 Page 3 of 5 Exhibit A SFA Budget – Technology Drive Extension (150 Feet)

Item Cost Professional Services Design Cost $6,391 Administrative Fee (3% of Professional Services) 192 Maximum Amount of Authorized Funding $6,583

EP SFA04_LRCI Technology Drive Extension_rev03 00_20150127 Page 4 of 5

Exhibit B Technology Drive Extension (150 Feet)

EP SFA04_LRCI Technology Drive Extension_rev03 00_20150127 Page 5 of 5 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 3, 2015

DEPARTMENT/DIVISION: ITEM DESCRIPTION: #11-5801 Approve ITEM NO.: VIII.H. Subordinate Funding Agreement 05 for Randy Newton Locally Requested Capital Improvement Public Works / Engineering Environmental Documentation with Metropolitan Council for the Southwest Light Rail Transit Project

Requested Action

Move to: Approve Subordinate Funding Agreement 05 for Locally Requested Capital Improvement Environmental Documentation with Metropolitan Council for the Southwest Light Rail Transit Project.

Synopsis

This agreement provides for the environmental documentation of the eleven Locally Requested Capital Improvements Eden Prairie identified for the Southwest Light Rail Transit Project. Separate Subordinate Funding Agreements will be needed for the design of each Locally Requested Capital Improvement.

Background Information

Eden Prairie has identified the following Locally Requested Capital Improvements (LRCI’s) for the Southwest Light Rail Transit Project: • North-South Roadway in Town Center between Singletree Lane and the LRT Station • Golden Triangle Trail • Southwest Station Trail • Technology Drive Extension • Tapered, Tubular, Catenary Poles • Decorative Street Lighting • Decorative Fencing • Concrete Planter Boxes • Bridge Aesthetics • Embedded track in Town Center • Public Plazas

In order for these project components to be advanced and potentially constructed, environmental review and documentation of each component must be completed. This agreement enables the Southwest Light Rail Transit Project to complete the environmental documentation of each LRCI.

In addition to the Subordinate Funding Agreement for environmental documentation, separate design and construction Subordinate Funding Agreements will be needed for each LRCI. Several of the design Subordinate Funding Agreements are included as separate items on this City Council agenda. The remaining design Subordinate Funding Agreements are anticipated to be developed once additional design information and details become available. After construction costs for the roadway are known a decision on whether or not to proceed with construction will need to be made for each LRCI.

Financial Implications

The agreement for environmental documentation has an estimated cost of $185,597. Costs for the design will be paid from the Transportation Fund, Economic Development Fund, and Municipal State Aid Fund.

Attachment

Subordinate Funding Agreement 05 Reference Numbers: SWLRT Project: 61001 Metropolitan Council: City of Eden Prairie: ______

PROJECT: SOUTHWEST LIGHT RAIL TRANSIT PROJECT

MASTER AGREEMENT: Master Funding Agreement – City of Eden Prairie

PARTIES TO AGREEMENT: • Metropolitan Council (“Council”) • City of Eden Prairie (“City”)

SUBORDINATE FUNDING AGREEMENT City of Eden Prairie - SFA 05 (Environmental Documentation)

This Subordinate Funding Agreement (“SFA”) with the City of Eden Prairie is entered into by and between the above named Parties.

WHEREAS:

1. The Parties entered into a Southwest Light Rail Transit Project (“Project”) Master Funding Agreement (“MFA”), effective January 29, 2015.

2. The Parties provided in the MFA that certain aspects of funding for the Project or components related to but not part of the Project would be determined in subsequent SFAs.

3. The Parties desire to enter into this SFA to transfer City funds to reimburse the cost for Council activities for professional services and the Council’s administrative fee to complete required federal, state, and local environmental documentation for proposed components related to, but not part of the Project (“Components”).

4. The Parties will be required to enter into subsequent SFAs to develop design plans and construction cost estimates for each of the Components described in this SFA.

5. The Parties acknowledge that the planning of the Project will require numerous federal, state and local processes, approvals and funding commitments. The environmental review and other processes for the Project are ongoing and the Project is subject to change to address those processes. The outcomes of those processes may affect whether the Components requested in this SFA will ultimately be constructed.

NOW, THEREFORE, in reliance on the statements in these recitals, the Parties hereby agree as follows:

1. Maximum Amount of Authorized Funding. The cost for the Council’s professional services and administration activities authorized by this SFA shall not exceed $185,597 unless authorized in a subsequent agreement or an amendment to this SFA. The Maximum Amount of Authorized

EP SFA05 –Environmental Documentation_rev01 00_20150127 Page 1 of 5 Funding is subject to amendment based on, but not limited to, additional environmental documentation, as determined necessary.

2. SFA Budget. The budget for the Council’s activities described in this SFA is provided as Exhibit A. City funds provided for this SFA may only be used for reimbursing the Council’s costs for activities directly incurred within the described Description of Activities and as detailed in the MFA.

3. Description of Activities. The activities to be performed by the Council and reimbursed by the City includes completing required federal, state, and local environmental documentation for the Components described in Exhibit B.

4. Environmental Documentation. The Federal Transit Administration (“FTA”) is the Project’s lead federal agency under the National Environmental Policy Act of 1969 (“NEPA”) and the Council is the Responsible Governmental Unit under the Minnesota Environmental Policy Act of 1973 (“MEPA”). The FTA and the Council will complete the environmental review process for the Project, including the Components described in this SFA proposed to be constructed as part of the Project. Notwithstanding any contrary language in the MFA or this SFA, the disclosure of draft environmental documents are subject to the Minnesota Government Data Practices Act, Minn. Statutes, Chapter 13, and applicable federal law and the Council in its sole discretion shall determine when such documents can or will be shared with the City.

5. Project Activity Periods. The term of this SFA shall be effective as of January 29, 2015 and shall terminate on the date all costs under this SFA have been reimbursed, unless terminated earlier consistent with the terms of the MFA.

6. Design Plans and Construction Cost Estimate. The Parties will be required to enter into subsequent SFAs that identify the cost for the Council’s professional services to develop design plans and construction cost estimates for each of the Components described in this SFA. The subsequent SFAs will describe terms requiring the City to reimburse the Council’s cost for design and administration activities associated with the Components.

The Council will incorporate the design plans for each of the Components as a bid alternate in the proposed Project construction bid documents if: a) the environmental review of the Project and the Components described in this SFA allow for the construction of the Components; and b) the Project is permitted to proceed to construction. The construction specifications for each Component will be incorporated in the overall specifications within the Project construction bid documents. No separate or stand alone specifications for the Components design plans will be created.

7. No Guarantee of Construction. This SFA describes terms requiring the City to reimburse the Council’s cost to complete required federal, state, and local environmental documentation for proposed Components described in Exhibit B. It does not guarantee that the Components will satisfy environmental review or be constructed. The City and the Council acknowledge that nothing in this Agreement shall require the Council to take any action or make any decision that will prejudice or compromise any review or decision-making processes required under state and federal environmental review laws, regulations or rules. The Parties intend this Agreement to be interpreted consistent with statutory and other legal authorities, including but not limited to the NEPA and MEPA. The Parties agree that this SFA does not limit the alternatives or

EP SFA05 –Environmental Documentation_rev01 00_20150127 Page 2 of 5 mitigative measures that the Council may undertake in the development and construction of the Project. The Council retains the right to make decisions and necessary approvals associated with Project requirements.

8. Incorporation. The terms, conditions, and definitions of the MFA are expressly incorporated into this SFA.

CITY OF EDEN PRAIRIE METROPOLITAN COUNCIL By: By: Its: Its: Date: Date: By: Its: Date:

EP SFA05 –Environmental Documentation_rev01 00_20150127 Page 3 of 5 Exhibit A SFA Budget: Environmental Documentation

Item Cost Professional Services Environmental Documentation Cost1 $180,191 Administrative Fee (3% of Professional Services) 5,406 Maximum Amount of Authorized Funding $185,597 1Additional environmental documentation (e.g., cultural resources survey, contaminated property investigation, etc.) may be required and authorized in a subsequent agreement or by amending this SFA, as determined necessary.

EP SFA05 –Environmental Documentation_rev01 00_20150127 Page 4 of 5 Exhibit B Component Descriptions

No. Component Description

A new north-south roadway connecting the proposed Town Center Station in the City of Eden Prairie to Singletree Lane. This proposed North-South Roadway is generally located 1. immediately west of the Town Center Station and cul-de-sac, both to be constructed as part of the Project, and proceeding south to Singletree Lane. The North-South Roadway includes curb, gutter, trail, sidewalk, streetscaping, and utilities. A new 8-foot wide bituminous trail with a 2-foot buffer on each side extending from the south side of West 70th Street to an existing trail that continues to Valley View Road and 2. includes retaining walls and fencing between the Golden Triangle Trail and the light rail tracks.

A new 8-foot wide concrete trail with a 2-foot buffer on each side, extending from the east side of the Southwest Station platform to Prairie Center Dive along the north side of the 3. light rail tracks and includes retaining walls, pedestrian-scale lighting, fencing between the Southwest Station Trail and the light rail tracks, storm sewer relocation, demolition, new pavement, curb, gutter, and guardrails associated with the TH 212 off-ramp.

4. Tapered, tubular, catenary poles throughout Eden Prairie. Installation of decorative street lighting in the Town Center area and along Technology 5. Drive from approximately Prairie Center Drive to the end of the alignment. 6. Upgrade fencing and bridge railings along the alignment in Eden Prairie. Installation of concrete planter boxes and walls adjacent to the alignment in the Town 7. Center area along Technology Drive from approximately Southwest Station to Mitchell Road. Upgrade bridge aesthetic quality by 5% on Prairie Center Drive, Valley View Road, and 8. Shady Oak Road/TH 212 bridges (excludes Nine Mile and I-494). Embedded track from Station 2112+50 (west of the proposed north-south road near Town 9. Center Station, at the western edge of the Traction Power Substation) to Station 2128+50 (east of Eden Road and Glen Road intersection). Construct public plazas adjacent to the station platforms at City West, Golden Triangle, 10. Town Center, Southwest, and Mitchell Stations, including elements beyond the base Project.

Reconstruct a 150-foot section of Technology Drive located west of 11825 Technology 11. Drive in Eden Prairie and includes curb, gutter, trail, and storm water utilities.

EP SFA05 –Environmental Documentation_rev01 00_20150127 Page 5 of 5 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 3, 2015

DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I. Release of Agreements Regarding Special Denise Christensen Assessments Public Works / Engineering

Requested Action

Move to: Approve the Release of Agreement Regarding Special Assessments No. 02-08 and the Release of Agreement Regarding Special Assessments No.02-09 for Lot 1 to 4 inclusive, Block 1, and Outlot A, Welters Trailhead.

Synopsis

On March 18, 1999, the City of Eden Prairie entered into two Agreements Regarding Special Assessments with Raymond N. Welter and Carole Welter pertaining to the levying of special assessments for trunk and subtrunk improvements for the Welters Trailhead development.

Background Information

The improvements contemplated by the Agreements have been levied; therefore, the property should be released from the Agreements Regarding Special Assessments.

Attachments:

Release of Agreement Regarding Special Assessment No. 02-09 Release of Agreement Regarding Special Assessment No. 02-08 (Top 3 inches reserved for recording data)

RELEASE OF AGREEMENT REGARDING SPECIAL ASSESSMENTS

DATE: February 3, 2015

FOR VALUABLE CONSIDERATION, the real property in Hennepin County, Minnesota, legally described as follows:

Lots 1 to 4 inclusive, Block 1 and Outlot A, Welters Trailhead

Check here if all or part of the described real property is Registered (Torrens)  is hereby released from the Agreement Regarding Special Assessments, dated March 18, 2003, executed between Raymond N. Welter and Carole Welter and the City of Eden Prairie, filed on April 30, 2003, as Document Number 3728583, in the Office of the County Registrar of Titles, Hennepin County, Minnesota.

CITY OF EDEN PRAIRIE

By: Nancy Tyra-Lukens, Mayor

By: Rick Getschow, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )

The foregoing instrument was acknowledged before me this _____ day of ______, 2015 by ______, and ______, the Mayor and City Manager, respectively, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.

______Notary Public This instrument was drafted by: City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344

(Top 3 inches reserved for recording data)

RELEASE OF AGREEMENT REGARDING SPECIAL ASSESSMENTS

DATE: February 3, 2015

FOR VALUABLE CONSIDERATION, the real property in Hennepin County, Minnesota, legally described as follows:

Lots 1 to 4 inclusive, Block 1 and Outlot A, Welters Trailhead

Check here if all or part of the described real property is Registered (Torrens)  is hereby released from the Agreement Regarding Special Assessments, dated March 18, 2003, executed between Raymond N. Welter and Carole Welter and the City of Eden Prairie, filed on April 30, 2003, as Document Number 3728584, in the Office of the County Registrar of Titles, Hennepin County, Minnesota.

CITY OF EDEN PRAIRIE

By: Nancy Tyra-Lukens, Mayor

By: Rick Getschow, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )

______Notary Public This instrument was drafted by: City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344

CITY COUNCIL AGENDA DATE:

February 03, 2015 SECTION: Payment of Claims

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 236697 - 237001

Wire Transfers 1009789 - 1009901

Wire Transfers 5273 - 5293

City of Eden Prairie Council Check Summary 2/3/2015

Division Amount Division Amount

General 144,821 601 Prairie Village Liquor 136,088 101 Legislative 7,673 602 Den Road Liquor 257,542 102 Legal Counsel 19,942 603 Prairie View Liquor 140,150 110 City Clerk 254 605 Den Road Building 1,575 111 Customer Service 3,422 701 Water Fund 232,942 112 Human Resources 1,866 702 Sewer Fund 10,144 113 Communications 5,699 703 Storm Drainage Fund 23,237 114 Benefits & Training 510 Total Enterprise Funds 801,677 131 Finance 29 132 Housing and Community Services 30,500 803 Escrow Fund 1,563 133 Planning 1,372 806 SAC Agency Fund 17,395 136 Public Safety Communications 18,708 807 Benefits Fund 410,469 150 Park Administration 1,119 809 Investment Fund 11,523 151 Park Maintenance 5,622 810 Workers Comp Insurance 5,815 153 Organized Athletics 3,121 811 Property Insurance 7,050 154 Community Center 35,768 812 Fleet Internal Service 260,046 156 Youth Programs 451 813 IT Internal Service 22,220 158 Senior Center 613 814 Facilities Capital ISF 585,882 160 Therapeutic Recreation 702 815 Facilites Operating ISF 23,836 161 Oak Point Pool 13,037 816 Facilites City Center ISF 44,003 162 Arts 2,329 817 Facilites Comm. Center ISF 28,545 163 Outdoor Center 191 Total Internal Service Funds 1,418,346 164 Park Rental Facilities 46 168 Arts Center 650 Report Totals 2,813,730 180 Police 24,400 183 Emergency Preparedness 522 184 Fire 4,749 186 Inspections 47 200 Engineering 2,167 201 Street Maintenance 56,887 202 Street Lighting 122,175 Total General Fund 509,392

301 CDBG 12,547 303 Cemetary Operation 1,904 Total Special Revenue Funds 14,450

308 E-911 17,771 309 DWI Forfeiture 1,427 315 Economic Development 13,116 502 Park Development 892 526 Transportation Fund 37 527 CIP - Leasing Costs 15,440 529 Shady Oak Rd-CR 61 South 18,803 531 Eden Prairie Road 2,379 Total Capital Project Funds 69,864 City of Eden Prairie Council Check Register by GL 2/3/2015

Check # Amount Supplier / Explanation Account Description Business Unit Explanation

236925 585,882 IND SCHOOL DIST 272 Federal Government Facilities Capital Tassel building Improvements 5274 249,926 CERIDIAN Federal Taxes Withheld Health and Benefits Payroll 1009896 230,530 TOWMASTER INC Autos Public Works Plow equipment 237001 190,005 TMI COATINGS INC Improvement Contracts Water Capital Baker Rd Reconditioning Project 5277 155,648 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 5278 139,167 MINNESOTA DEPT OF REVENUE Sales Tax Payable Facilities Operating ISF Sales/Use Taxes 1009832 69,016 XCEL ENERGY Electric Outdoor Center 236940 51,831 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 1009814 46,089 GRAYBAR Electric Street Lighting 236770 45,402 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1009829 42,812 VTI Other Assets Wireless Comm Fixed Asset 236845 39,743 SOUTHERN WINE & SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 1009823 31,929 NORTHWEST ASPHALT Improvement Contracts Eden Prairie Road 1009901 30,379 XCEL ENERGY Electric City Hall - CAM 236871 28,018 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie View Liquor Store 236722 26,650 CARGILL SALT Salt Snow & Ice Control 236861 26,497 VERMONT SYSTEMS, INC Other Contracted Services Community Center Admin 236983 26,419 SOUTHERN WINE & SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 236999 25,286 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie View Liquor Store 5276 23,217 ING Deferred Compensation General Fund 1009826 22,217 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 237000 20,771 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Den Road Liquor Store 1009876 19,474 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal Criminal Prosecution 1009870 19,438 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 236886 18,803 AMERICAN ENGINEERING TESTING INC Testing - Soil Boring Shady Oak Rd-CR 61 South 236898 17,942 CARGILL SALT Salt Street Maintenance 236996 17,771 WASHINGTON COUNTY Equipment Repair & Maint E-911 Program 236951 17,221 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 236826 15,113 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 1009895 14,686 THORPE DISTRIBUTING Liquor Product Received Den Road Liquor Store 236872 13,921 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie View Liquor Store 5275 13,687 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1009869 13,642 DAIKIN APPLIED Contract Svcs - HVAC CIP - Leasing Costs 236997 13,116 WINDOW OUTFITTERS INC Other Contracted Services Project Fund 236926 13,037 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 236939 11,976 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 236884 11,523 ADVANTUS CAPITAL MANAGEMENT INC Interest Investment Fund 1009838 11,375 DAY DISTRIBUTING Liquor Product Received Prairie View Liquor Store 1009840 10,861 GREENSIDE INC Contract Svcs - Snow Removal Fire Station #1 236769 10,709 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 236950 10,369 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 236968 10,243 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 1009793 9,479 DAY DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 236876 8,000 PROP Other Contracted Services Housing and Community Service 236916 7,776 GRAYMONT Treatment Chemicals Water Treatment Plant 1009834 7,750 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service 1009867 7,714 CENTERPOINT ENERGY Gas Water Treatment Plant 236846 7,673 SOUTHWEST SUBURBAN CABLE COMMISSION Dues & Subscriptions City Council 236880 7,256 CARVER COUNTY LICENSE CENTER Autos Sewer System Maintenance 236961 7,201 NAC Contract Svcs - HVAC Fitness/Conference - Cmty Ctr 236995 6,969 VERIZON WIRELESS Wireless Subscription IT Operating Check # Amount Supplier / Explanation Account Description Business Unit Explanation

236918 6,820 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police 1009820 6,735 MULCAHY COMPANY INC Contract Svcs - HVAC Fitness/Conference - Cmty Ctr 1009854 6,527 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 236903 6,381 COMMUNITY ACTION PARTNERSHIP Refunds CDBG - Public Service 1009877 6,309 HANSEN THORP PELLINEN OLSON Other Contracted Services Storm Drainage 236984 6,070 SOUTHWEST SUBURBAN PUBLISHING-CLASSIFIED Legal Notices Publishing Communications 236784 5,815 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance 236854 5,545 TAPCO Signs Snow & Ice Control 236757 5,482 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 236972 5,465 PUMP AND METER SERVICE Equipment Repair & Maint Fleet Operating 1009825 5,389 STREICHERS Clothing & Uniforms Reserves 1009875 5,222 GRAYBAR Electric Street Lighting 236923 5,216 HYDRO-VAC INC Equipment Repair & Maint Storm Drainage 236994 5,142 VALLEY RICH CO INC Equipment Repair & Maint Water System Maintenance 1009815 5,101 HANSEN THORP PELLINEN OLSON Design & Engineering Transportation Fund 236878 5,000 SOUTHDALE YMCA YOUTH DEVELOPMENT PROGRAM Other Contracted Services Housing and Community Service 5291 4,973 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund 5287 4,865 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund 5288 4,784 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund 236870 4,772 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 236966 4,639 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 1009899 4,586 VTI Other Assets Public Safety Communications 1009850 4,430 TITAN ENERGY SYSTEMS Contract Svcs - Fire/Life/Safe Fitness/Conference - Cmty Ctr 5289 4,420 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund 236774 4,142 JOSEPHSON, NANCY Insurance Property Insurance 236998 4,075 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 236747 3,886 GRAYMONT Treatment Chemicals Water Treatment Plant 236874 3,750 IND SCHOOL DISTRICT 272 Other Contracted Services Housing and Community Service 1009860 3,712 BARR ENGINEERING COMPANY Design & Engineering Storm Drainage 1009878 3,552 HAWKINS INC Treatment Chemicals Water Treatment Plant 1009868 3,475 CERIDIAN Ceridian IT Operating 1009872 3,283 EPA AUDIO VISUAL INC Hardware Maintenance IT Operating 236879 3,250 TEENS ALONE Other Contracted Services Housing and Community Service 1009894 3,103 STREICHERS Training Supplies Police 236924 2,977 IMPACT PROVEN SOLUTIONS Other Contracted Services Environmental Education 236808 2,950 MPPOA Dues & Subscriptions Police 236822 2,938 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 236803 2,933 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 236905 2,900 DELANEY CONSULTING Other Contracted Services Prairie Village Liquor Store 5286 2,863 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund 236911 2,832 ENVIROTECH SERVICES, INC Other Contracted Services Street Maintenance 1009809 2,825 BARR ENGINEERING COMPANY Design & Engineering Storm Drainage 236920 2,764 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1009888 2,653 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Garden Room Repairs 5290 2,532 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund 1009808 2,488 A-SCAPE INC Contract Svcs - Snow Removal Den Bldg. - CAM 236891 2,485 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 1009880 2,446 INDUSTRIAL FLOOR MAINTENANCE INC. Equipment Parts Fleet Operating 236965 2,433 ORACLE AMERICA INC Software Maintenance IT Operating 236804 2,396 MINNESOTA SAFETY SERVICES LLC Other Contracted Services Pool Lessons 236806 2,367 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 1009807 2,320 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 236755 2,250 HENNEPIN COUNTY HOUSING, COMMUNITY WORKS Refunds CDBG - Public Service 1009861 2,209 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1009810 2,192 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1009859 2,042 A-SCAPE INC Contract Svcs - Snow Removal Den Bldg. - CAM Check # Amount Supplier / Explanation Account Description Business Unit Explanation

236877 2,000 SOUTHDALE YMCA - CHILD CARE Refunds CDBG - Public Service 236915 1,997 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 236892 1,982 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 1009900 1,919 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 236971 1,916 PROP Refunds CDBG - Public Service 236842 1,904 SIGNSOURCE Other Contracted Services Pleasant Hill Cemetery 1009857 1,875 AMERICAN PUBLIC WORKS ASSOCIATION Dues & Subscriptions Engineering 236946 1,804 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 5283 1,798 GENESIS EMPLOYEE BENEFITS, INC Other Contracted Services Health and Benefits 5282 1,798 GENESIS EMPLOYEE BENEFITS, INC Other Contracted Services Health and Benefits 5284 1,776 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund 1009831 1,712 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 236896 1,710 BUREAU OF CRIMINAL APPREHENSION Software Maintenance IT Operating 236949 1,641 LUBE-TECH ESI Equipment Repair & Maint Fleet Operating 236730 1,600 DAKOTA COUNTY TECHNICAL COLLEGE Conference/Training Street Maintenance 1009853 1,595 VINOCOPIA Liquor Product Received Prairie View Liquor Store 236829 1,510 PRAIRIE RESTORATIONS INC Other Contracted Services Topview Field 236875 1,500 MEALS ON WHEELS Other Contracted Services Housing and Community Service 1009884 1,500 METRO ELEVATOR INC Contract Svcs - Elevator City Hall - CAM 5292 1,485 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund 1009811 1,464 CDW GOVERNMENT INC. Office Supplies IT Operating 1009863 1,440 BOYER TRUCKS Equipment Parts Fleet Operating 236702 1,427 ADESA MPLS Miscellaneous DWI Forfeiture 236708 1,395 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1009874 1,391 GRAINGER Supplies - Fire/Life/Safety Water Metering 1009852 1,379 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference - Cmty Ctr 236938 1,350 INTERTECH INC Other Contracted Services IT Operating 236975 1,350 ROBERT C VOGEL Other Contracted Services Heritage Preservation 1009844 1,334 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Hall - CAM 236789 1,310 LUBE-TECH ESI Lubricants & Additives Fleet Operating 5279 1,300 GENESIS EMPLOYEE BENEFITS, INC HSA Health and Benefits 236809 1,275 NAC Contract Svcs - Plumbing Arts Center 236712 1,270 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 5293 1,253 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund 236758 1,250 HOMELINE Other Contracted Services Housing and Community Service 236906 1,243 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 236958 1,200 MN TRANSPORTATION ALLIANCE Dues & Subscriptions Engineering 1009865 1,187 CARDIAC SCIENCE CORPORATION EMS Supplies Fire 236948 1,100 LOGIN/IACP Dues & Subscriptions Police 236881 1,064 LAMETTRYS COLLISION Insurance Property Insurance 236746 1,056 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 236986 1,052 SPIRIT APPAREL AND STUFF Clothing & Uniforms Therapeutic Rec Admin 236736 1,012 E A SWEEN COMPANY Merchandise for Resale Concessions 236728 993 CURB CREATIONS Contract Svcs - Asphalt/Concr. Fire Station #2 5281 982 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 236835 980 RESURRECTION CHURCH Outside Water Sales Escrow 236992 971 UNIFORMS UNLIMITED Clothing & Uniforms Police 5285 937 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund 1009886 930 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 236904 928 COSTCO Employee Award Fire 236836 922 RETROFIT COMPANIES, INC, THE Supplies - Electrical CIP - Leasing Costs 236720 900 BROTHERS FIRE PROTECTION Other Contracted Services CIP - Leasing Costs 236764 900 ITSAVVY LLC Software Maintenance IT Operating 236799 878 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Concessions 236814 873 OLSEN CHAIN & CABLE Repair & Maint. Supplies Water System Maintenance 236927 816 IND SCHOOL DIST 272 Gym Rental Volleyball Check # Amount Supplier / Explanation Account Description Business Unit Explanation

236885 797 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs - Gen. Bldg City Center Operations 236739 780 FIRE SAFETY USA INC Protective Clothing Fire 236825 767 PETTY CASH Licenses & Taxes Customer Service 236963 757 OLSEN CHAIN & CABLE Small Tools Water System Maintenance 1009830 737 WATSON CO INC, THE Merchandise for Resale Concessions 236766 725 JANETSKI, BETH Other Contracted Services Winter Theatre 236697 700 HOUTZ, STEPHEN J Other Contracted Services Winter Theatre 236830 690 PROTECH FITNESS CO INC Equipment Parts Fitness Center 236907 687 DISPLAY SALES Supplies - General Bldg Park Shelters 1009790 674 CLAREY'S SAFETY EQUIPMENT Safety Supplies Utility Operations - General 236964 660 ONE CALL NOW Other Contracted Services Street Maintenance 236969 656 PINNACLE DISTRIBUTING Liquor Product Received Prairie View Liquor Store 1009833 610 ZIEGLER INC Equipment Parts Fleet Operating 236805 606 MINNESOTA STATE FIRE CHIEFS ASSN Dues & Subscriptions Fire 236893 600 BCA/CRIMINAL JUSTICE TRAINING & EDUCATIO Tuition Reimbursement/School Police 236985 600 SPECIAL SERVICES GROUP LLC Dues & Subscriptions Police 1009873 595 GOVDELIVERY Software Maintenance IT Operating 1009818 572 KIDCREATE STUDIO Instructor Service Arts Center 1009851 568 TOLL GAS AND WELDING SUPPLY Equipment Parts Fleet Operating 236754 564 HD SUPPLY WATERWORKS LTD Equipment Parts Water System Maintenance 236933 563 IND SCHOOL DIST 272 Gym Rental Volleyball 236952 559 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Den Road Liquor Store 1009806 536 VAN PAPER COMPANY Cleaning Supplies Den Road Liquor Store 236934 536 IND SCHOOL DIST 272 Gym Rental Volleyball 1009797 534 FASTENAL COMPANY Equipment Parts Water Metering 236738 522 EMERGENCY RESPONSE SOLUTIONS Equipment Parts Emergency Preparedness 236802 520 MINNESOTA CHIEFS OF POLICE ASSOC Dues & Subscriptions Police 236725 519 CENTURYLINK Wireless Subscription IT Telephone 1009871 517 DMX MUSIC Other Contracted Services Den Road Liquor Store 1009796 506 EXTREME BEVERAGE Liquor Product Received Prairie Village Liquor Store 1009862 503 BOUND TREE MEDICAL LLC EMS Supplies Fire 1009813 502 GRAINGER Cleaning Supplies Police City Center 236794 500 MCFOA Dues & Subscriptions Fire 236894 500 BLUE EARTH COUNTY SHERIFF'S DEPT Deposits Escrow 236917 500 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 236812 477 OHLENDORF, DOUGLAS AR Utility Water Enterprise Fund 1009882 474 LEROY JOB TRUCKING INC Clothing & Uniforms Animal Control 236989 468 TALLEN & BAERTSCHI Legal Legal Criminal Prosecution 236957 465 MINNESOTA WANNER COMPANY Equipment Parts Fleet Operating 236931 457 IND SCHOOL DIST 272 Gym Rental Volleyball 236955 450 MINNESOTA CHIEFS OF POLICE ASSOC Dues & Subscriptions Police 236895 447 BROCK WHITE COMPANY LLC Repair & Maint. Supplies Sewer System Maintenance 236882 447 PETTY CASH-POLICE DEPT Operating Supplies Police 236819 443 PARK JEEP INC Equipment Parts Fleet Operating 1009858 439 AMERITRAK Other Contracted Services Snow & Ice Control 236908 434 E A SWEEN COMPANY Merchandise for Resale Concessions 236767 421 JBL COMPANIES AR Utility Water Enterprise Fund 236909 412 EDEN PRAIRIE WINLECTRIC Equipment Repair & Maint Traffic Signals 236716 410 BOOM ISLAND BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1009837 409 BERRY COFFEE COMPANY Merchandise for Resale Concessions 236783 409 LAWN RANGER, THE AR Utility Water Enterprise Fund 236733 407 DIXON, THOMAS AND PAULA AR Utility Water Enterprise Fund 236937 405 INDUSTRIAL EQUITES Cash Over/Short General Fund 1009805 391 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Sewer System Maintenance 1009817 382 JEFFERSON FIRE & SAFETY INC Operating Supplies Fire 236977 380 ROOT O MATIC Equipment Repair & Maint Sewer System Maintenance Check # Amount Supplier / Explanation Account Description Business Unit Explanation

1009893 360 STAR TRIBUNE MEDIA COMPANY LLC Employment Advertising Organizational Services 236744 345 FRYKLUND, JACKIE AR Utility Water Enterprise Fund 1009839 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 236785 343 LEAP MANUFACTURING, LLC Patching Asphalt Street Maintenance 236914 341 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations - General 236811 340 NOKOMIS SHOE SHOP Clothing & Uniforms Park Maintenance 236706 340 APPERT'S FOODSERVICE Merchandise for Resale Concessions 236954 335 MILIO'S SANDWICHES Merchandise for Resale Concessions 236741 332 FLEETHAM GROUP, THE AR Utility Water Enterprise Fund 236960 329 MULCAHY INC Supplies - HVAC Fitness/Conference - Cmty Ctr 236860 325 VERLEY, TARYN Other Contracted Services Winter Theatre 236987 325 SUBURBAN WILDLIFE CONTROL INC Equipment Repair & Maint Storm Drainage 236698 305 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 236902 301 COMMERCIAL REFRIGERATION SYSTEMS INC Repair & Maint - Ice Rink Ice Arena Maintenance 236990 300 TCALMC Dues & Subscriptions Human Resources 1009887 290 POMP'S TIRE SERVICE INC Tires Fleet Operating 236993 280 UNIVERSAL ATHLETIC SERVICES INC Awards Touch Football 5273 259 CERIDIAN Garnishment Withheld General Fund 1009824 252 PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store 1009883 252 MENARDS Operating Supplies Traffic Signs 236832 251 RAMAN, ANU AR Utility Water Enterprise Fund 236772 250 JOHNSON, DALE AND LINDA AR Utility Water Enterprise Fund 236740 243 FLAHERTYS HAPPY TYME COMPANY Liquor Product Received Prairie Village Liquor Store 1009792 239 CUSTOM HOSE TECH Equipment Parts Fleet Operating 236793 233 MCDONALD, KEITH AR Utility Water Enterprise Fund 236913 231 FLYING CLOUD T/S #U70 Waste Disposal Park Maintenance 236929 223 IND SCHOOL DIST 272 Gym Rental Volleyball 236930 223 IND SCHOOL DIST 272 Gym Rental Basketball 236928 223 IND SCHOOL DIST 272 Building Rental Community Band 236727 223 COMCAST Wireless Subscription IT Operating 236703 222 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Den Road Liquor Store 236749 213 GROTH MUSIC Operating Supplies Community Band 236970 207 PIRTEK PLYMOUTH Repair & Maint. Supplies Water System Maintenance 236751 200 GURGEL, DAN Deposits-P&R Refunds Community Center Admin 236771 200 JOHNSON, BRADLEY AR Utility Water Enterprise Fund 1009890 193 SCHARBER & SONS Equipment Parts Fleet Operating 236715 191 BLOOMINGTON SECURITY SOLUTIONS Building Repair & Maint. Forest Hills Park 236945 182 LACOUNT SALES LLC Repair & Maint. Supplies Water System Maintenance 1009855 181 WHITE, BECKI Conference/Training Fire 236988 178 SUMMIT FIRE PROTECTION Contract Svcs - Fire/Life/Safe Fire Station #1 1009897 176 ULINE Operating Supplies Police 236941 172 KENDELL DOORS & HARDWARE INC Contract Svcs - Gener Arts Center 236711 172 BERG, ROBERT AR Utility Water Enterprise Fund 1009846 171 PRINTERS SERVICE INC Contract Svcs - Ice Rink Ice Arena Maintenance 236827 170 PILLSBURY, KRISTA AR Utility Water Enterprise Fund 1009885 167 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 236850 167 STRAND MANUFACTURING CO INC Small Tools Water Metering 1009791 165 CONKINS, RYAN Landscape Materials/Supp Street Maintenance 1009803 162 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 236800 161 MILLER, JOSH AR Utility Water Enterprise Fund 1009795 158 EICHMAN, NATHAN Clothing & Uniforms Police 1009794 156 DUNGAN, TRACY Mileage & Parking Park Facilities 236897 154 CALIFORNIA CONTRACTORS SUPPLIES INC Operating Supplies Utility Operations - General 236721 153 BURKE, JOHN AR Utility Water Enterprise Fund 236889 150 ANDERSON LAKES ANIMAL HOSPITAL Other Contracted Services Animal Control 236962 150 NATIONAL TACTICAL OFFICERS ASSOCIATION Dues & Subscriptions Police Check # Amount Supplier / Explanation Account Description Business Unit Explanation

1009898 150 USA SECURITY Maintenance Contracts Water Treatment Plant 1009848 150 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1009800 149 METROPOLITAN FORD Equipment Parts Fleet Operating 236726 146 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations - General 236887 146 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Prairie Village Liquor Store 1009816 145 HD SUPPLY FACILITIES MAINTENANCE Supplies - General Bldg Police City Center 236935 144 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 236991 144 TKO WINES, INC Liquor Product Received Den Road Liquor Store 1009799 142 KALLIGHER, ANDREA Mileage & Parking Community Center Admin 236833 140 RAPAPORT, ELLYN AR Utility Water Enterprise Fund 236900 136 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations - General 236710 135 ATTERBERRY, CHRISTOPHER AR Utility Water Enterprise Fund 236980 132 SBSI INC Software Maintenance IT Operating 236883 131 ADAMSON, ANDREA Deposits-P&R Refunds Community Center Admin 1009864 123 BROWNELLS INC. Training Supplies Police 236699 120 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 236847 120 SQUARE CUT Instructor Service Senior Center Programs 236724 119 CAVANAUGH, JOHN AR Utility Water Enterprise Fund 236851 117 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1009849 117 RUE, RODNEY Mileage & Parking Engineering 236756 112 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 236818 110 OXYGEN SERVICE COMPANY EMS Supplies Fire 1009821 110 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 236717 106 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 1009801 104 MPX GROUP, THE Printing Police 1009828 103 US HEALTH WORKS MEDICAL GRP MN, PC Employment Support Test Organizational Services 236776 101 KINDERMUSIK WITH KIM Instructor Service Arts & Drama Programs 236729 100 D R HORTON INC AR Utility Water Enterprise Fund 236859 100 VENKITACHALAM, HARISH Refunds Environmental Education 236919 100 HENNEPIN COUNTY RESIDENT & REAL ESTATE Other Contracted Services Engineering 1009835 99 AJITAPRASAD, BEENA Mileage & Parking Community Center Admin 236953 98 MIDWEST PLAYSCAPES Equipment Repair & Maint Staring Lake 236865 95 WATER HEATERS ONLY LLC Supplies - HVAC Riley House 1009879 94 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 236762 94 IND SCHOOL DIST 272 Building Rental Community Band 1009802 93 PORTA, KITTY Conference/Training City Clerk 1009812 92 FEDEX Postage Human Resources 1009845 89 MY CABLE MART Miscellaneous IT Operating 1009819 87 MENARDS Cleaning Supplies Street Maintenance 236982 85 SIGNSOURCE Supplies - General Building City Center Operations 236775 84 KILKENNY LLC AR Utility Water Enterprise Fund 236709 83 AT&T MOBILITY Pager & Cell Phone Water System Maintenance 236831 81 PYLIPOW, DAVID AR Utility Water Enterprise Fund 236779 80 KRAUSE, STEVEN AR Utility Water Enterprise Fund 236817 80 OTTESON, JANET AR Utility Water Enterprise Fund 236899 80 CHAMPION PLUMBING Plumbing Permits General Fund 236857 80 TRIWEST RENOVATIONS INC AR Utility Water Enterprise Fund 1009881 78 KIDCREATE STUDIO Instructor Service Arts Center 236753 78 HANSON, MARY AR Utility Water Enterprise Fund 236816 76 ORCUTT, HAROLD AR Utility Water Enterprise Fund 236838 76 SAUERWEIN, CORY AR Utility Water Enterprise Fund 236777 75 KONCZAK, DAN AR Utility Water Enterprise Fund 236959 75 MPSTMA Dues & Subscriptions Park Maintenance 236866 75 WEEKS, RICHARD AR Utility Water Enterprise Fund 1009804 74 SEVENICH, WENDY Mileage & Parking Community Center Admin 236869 73 WILLETTE, PAUL AR Utility Water Enterprise Fund Check # Amount Supplier / Explanation Account Description Business Unit Explanation

236765 71 J H LARSON COMPANY Repair & Maint. Supplies Park Maintenance 1009836 70 BATTERIES PLUS Office Supplies Den Bldg. - CAM 236936 70 INDUSTRIAL AND RESIDENTIAL LIGHTING INC Lab Supplies Water Treatment Plant 236719 68 BRACE, RHETA AR Utility Water Enterprise Fund 1009856 67 WILSON, JOHN D. Clothing & Uniforms Police 236840 67 SCHLEIDER, PETER AR Utility Water Enterprise Fund 236797 66 MICHALE, PAUL AR Utility Water Enterprise Fund 236750 64 GULBRANSON, JOSHUA AR Utility Water Enterprise Fund 236801 63 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 1009789 61 BATTERIES PLUS Supplies - Electrical Fire 236760 60 HOOVERSON, ORIN M AR Utility Water Enterprise Fund 236942 60 KERVIN, THERESA L Deposits Community Center Admin 236856 60 TINUCCI, JAMES AND LINDSEY AR Utility Water Enterprise Fund 1009843 57 KRUEGER, MARK Operating Supplies Reserves 236858 56 VAN HELDEN, PETER AND TANYA AR Utility Water Enterprise Fund 1009891 55 SHI CORP Software Maintenance IT Operating 236837 55 SAFAR, JACK AND PAMELA AR Utility Water Enterprise Fund 236824 54 PETERS, PAUL AR Utility Water Enterprise Fund 236743 51 FREELAND, KATHY AR Utility Water Enterprise Fund 236844 51 SNEEN, KIRBY AR Utility Water Enterprise Fund 236834 51 RECH, PETER AR Utility Water Enterprise Fund 236704 50 ANDERSON, HEATHER Refunds Environmental Education 236798 50 MIDWEST ART FAIRS Advertising Arts in the Park 236855 50 THOMPSON, ROBERT AR Utility Water Enterprise Fund 236778 49 KOSTRZEWA, SHAWN AR Utility Water Enterprise Fund 236943 48 KODIAK CUSTOM LETTERING INC Operating Supplies Ice Admin. 236781 45 LANO EQUIPMENT INC Equipment Parts Fleet Operating 236768 45 JENNEN, MARK AR Utility Water Enterprise Fund 236868 45 WHITING, JON AR Utility Water Enterprise Fund 1009842 45 JOHN DEERE LANDSCAPES/LESCO Repair & Maint. Supplies Park Maintenance 236723 41 CARNEY, SHANNON AR Utility Water Enterprise Fund 236852 41 SUCHY, ELAINE AR Utility Water Enterprise Fund 236701 41 ADAMSON, ARTHUR AND AMY AR Utility Water Enterprise Fund 236791 40 MCCORMICK, JUDSON AND NOELLE AR Utility Water Enterprise Fund 236921 40 HOLMQHIST, EMILY AND DAVID Deposits Community Center Admin 236976 40 ROONEY, PAUL & AUDREY Deposits Community Center Admin 236780 39 KUTT, ANN AR Utility Water Enterprise Fund 1009841 38 HIRSHFIELD'S Repair & Maint. Supplies Water Treatment Plant 236862 38 WADNAL, SHARON AR Utility Water Enterprise Fund 236773 38 JOHNSON, JULIAN AR Utility Water Enterprise Fund 236700 37 ABEL, JOHN AR Utility Water Enterprise Fund 236823 37 PENAFLOR, JOHN AR Utility Water Enterprise Fund 236735 36 DUNHAM, MARCELLE AR Utility Water Enterprise Fund 236707 36 ARMSTRONG, WARD AR Utility Water Enterprise Fund 236810 36 NIELSEN, DOUGLAS AR Utility Water Enterprise Fund 236763 35 INDOFF INCORPORATED Office Supplies Customer Service 236863 34 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 236815 32 OLSEN'S EMBROIDERY/COMPANY Operating Supplies Customer Service 236848 31 STAPLES ADVANTAGE Office Supplies Customer Service 236873 31 YOUNG, HELEN AR Utility Water Enterprise Fund 236813 29 OHMAN, ANDREW AR Utility Water Enterprise Fund 236732 28 DEFRANSICO, JOE AR Utility Water Enterprise Fund 236737 27 ELLINGSON, AARON AR Utility Water Enterprise Fund 236796 25 MEYERS, JOAN Deposits-P&R Refunds Community Center Admin 236807 25 MPFF Conference/Training Fire 236978 25 ROXY NOWICKI, MUNICI-PALS TREASURER Dues & Subscriptions Human Resources Check # Amount Supplier / Explanation Account Description Business Unit Explanation

236745 25 GLAESER, JOHN AR Utility Water Enterprise Fund 236748 25 GREER, DWAIN AR Utility Water Enterprise Fund 236752 24 HANLINE, CHRIS AR Utility Water Enterprise Fund 236759 24 HOMES, TESORO AR Utility Water Enterprise Fund 236932 23 IND SCHOOL DIST 272 Gym Rental Basketball 236864 23 WARNER, BLAKE AR Utility Water Enterprise Fund 1009889 22 QUICKSILVER EXPRESS COURIER Other Contracted Services Elections 236782 22 LAUDERDALE PROPERTIES, LLC AR Utility Water Enterprise Fund 1009798 21 JOHN DEERE LANDSCAPES/LESCO Operating Supplies Park Maintenance 1009822 21 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 236820 21 PATTERSON, JESSICA AND ZACHARY AR Utility Water Enterprise Fund 236705 20 ANDERT, JOE AR Utility Water Enterprise Fund 236910 20 ENGER, STACY Deposits Community Center Admin 236922 20 HOOKOM, LYLE Deposits Community Center Admin 236944 20 KOSTELIZ, ANGELA Deposits Community Center Admin 236947 20 LEE, CHRISTOPHER Deposits Community Center Admin 236967 20 PETERSON, HARRIET Deposits Community Center Admin 236973 20 PURI, RAJSHREE Deposits Community Center Admin 236979 20 SALIHOVIC, RESKO Deposits Community Center Admin 236843 20 SLICK, JULIANNE AR Utility Water Enterprise Fund 236713 20 BETTIN, JENNIFER AR Utility Water Enterprise Fund 236792 19 MCCUE, KATHLEEN AR Utility Water Enterprise Fund 236853 19 SURINA, STEVE AR Utility Water Enterprise Fund 236734 19 DOBBELMANN, ELIZABETH AR Utility Water Enterprise Fund 236839 19 SCHASER, MICHAEL AR Utility Water Enterprise Fund 1009866 18 CAWLEY COMPANY, THE Clothing & Uniforms Den Road Liquor Store 236828 18 PLAZA, RUBEN AR Utility Water Enterprise Fund 236761 18 HORSTMAN, WILLIAM AR Utility Water Enterprise Fund 1009847 17 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference - Cmty Ctr 236849 16 STEVENS, DEB AR Utility Water Enterprise Fund 236867 16 WERNSING, TYLER AR Utility Water Enterprise Fund 236788 14 LOME, BERNARD AR Utility Water Enterprise Fund 1009892 13 SPS COMPANIES Repair & Maint. Supplies Water System Maintenance 236742 12 FRAZIER, LESLIE AND GALE AR Utility Water Enterprise Fund 236787 12 LEVILLE, CHRISTOPHER AND SHONALIE AR Utility Water Enterprise Fund 236714 12 BLATZ, JOHN AR Utility Water Enterprise Fund 236718 11 BOVEE, JOSH AR Utility Water Enterprise Fund 236795 9 MCNULTY, THOMAS AR Utility Water Enterprise Fund 236790 9 MATTSON, JULIE AR Utility Water Enterprise Fund 236912 9 FISERV INC Bank and Service Charges Water Accounting 236786 9 LEE, JACOB AR Utility Water Enterprise Fund 1009827 9 UPS Equipment Repair & Maint Public Safety Communications 236956 9 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 236821 8 PAUKERT, LAURA AR Utility Water Enterprise Fund 236888 8 ANDERSON HEATING Cash Over/Short General Fund 236974 7 REGISTRATION FEE TRUST Office Supplies Customer Service 236981 7 SCHAFFER, MARJORIE Deposits-P&R Refunds Community Center Admin 236841 6 SCHWITZER, JAMES AR Utility Water Enterprise Fund 236731 6 DALLMANN, DAVID AR Utility Water Enterprise Fund 236890 5 ANONDSON, SAWYER Deposits-P&R Refunds Community Center Admin 236901 2 COMCAST Other Contracted Services Police 2,813,730 Grand Total CITY COUNCIL AGENDA DATE:

SECTION: Ordinances & Resolutions February 3, 2015

DEPARTMENT/DIVISION: ITEM DESCRIPTION: First Reading of Ordinance Amending City ITEM NO.: XI.A. Richard Rosow, City Attorney Code Chapter 5 relating to Peddlers, Solicitors and Transient Merchants

Requested Action

Move to: Approve the first reading of an ordinance amending City Code Chapter 5 by amending Section 5.37 relating to the regulation of peddlers, solicitors and transient merchants.

Background Information

The regulation of peddlers, solicitors and transient merchants is problematic as it must balance the protection of residents with the Constitutional protections of speech, expression and religion. The City Attorney recommended updating the City’s Code section addressing these activities to ensure compliance with the current laws. Working with the Police Department the City Attorney has drafted the attached ordinance.

The revisions to the ordinance include: • Adding definitions for “Chief of Police”, “City Clerk”, “City Manager”, “Non-Commercial Door-to-Door Advocate”, “Permit Activities”, and “Person”; • Requiring that each person engaging in peddling or soliciting type activities must obtain a permit; • Updating those who are exempt from the permit requirement including: (i) updating the statutory and federal exemptions; (ii) creating an exemption for non-commercial door-to- door advocates; and (iii) creating a limited exemption for organizations whose activities are for the benefit of children; • Revising the application process by requiring the application be on the form provided by the City instead of specific application requirements, moving the fee to the City fee schedule, and adding a fee exemption for those involved in interstate commerce. • Revising the investigation and issuance process by removing the specific time limits and inserting a “reasonable” period of time, detailing how a permit will be issued if the investigation is acceptable, adding specific justification for denial of a permit including failure to complete or sign application, failure to pay fee, conviction within last 5 years, revocation of permit within last 5 years, denial of permit within last year, business reputation, and compliance with regulations; • Adding a procedure to appeal denial of a permit; • Adding a section prohibiting non-permit holders from accompanying permit holders, requiring the carrying of the permit, setting the expiration of the permit, requiring that the permit be returned upon expiration, and requiring issuance of a receipt; • Adding a section restricting the conduct of all those engaged in peddling or soliciting type activities including regulations relating to noise, entrance on private and City property, time restrictions, misleading statements, obstructing traffic, and offensive or threatening activities; • Adding procedures for revocation or suspension of a permit, emergency revocation or suspension, and appeal; and • Adding a penalty section detailing that violations constitute a misdemeanor and can result in loss of a permit.

Attachment

Ordinance Amending City Code Section 5.37

CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA

ORDINANCE NO. __-2015

AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 5 BY AMENDING SECTION 5.37 RELATING TO PEDDLERS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS.

THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:

Section 1. City Code Chapter 5 is amended by deleting Section 5.37 in its entirety and replacing it with the following:

SECTION 5.37. PEDDLERS.

Subd. 1. Purpose. This Section is not intended to interfere with the legitimate business activities of peddlers, solicitors, and transient merchants as the same are defined herein, whether same be local or interstate. These provisions are intended only to, as nearly as possible, ferret out all illegitimate or confidence operators and to regulate and control all those who, in person, would use their unique presence on property within the City of Eden Prairie, or their unique proximity to its residents, for purposes of harassment, nuisance, theft, or other unlawful activities.

Subd. 2. Definitions. When used in this Section, the following terms have the following meanings:

A. “Chief of Police” means the Chief of Police pursuant to City Code Section 2.30, Subd. 3 and/or the Chief of Police’s designee.

B. “City Clerk” means the City Clerk appointed by the City Manager pursuant to City Code Section 2.30, Subd. 1 F and/or the City Clerk’s designee.

C. “City Manager” means the City Manager appointed by the City Council pursuant to City Code Section 2.30, Subd. 1, and/or the City Manager’s designee.

D. “Non-Commercial Door-to-Door Advocate” means any person who goes door-to-door for the primary purpose of disseminating religious, political, social, or other ideological beliefs. For purposes of this Section, the term non-commercial door-to-door advocate shall include door-to-door canvassing, pamphleteering intended for non-commercial purposes, and seeking donations for which no product or service is given in return.

E. "Peddler" means any person, whether a resident of the City of Eden Prairie or not, who goes from house to house, from place to place, or from street to street, conveying or transporting goods, wares or merchandise or offering or exposing the same for sale, or making sales where payment is received immediately for future delivery to purchasers.

F. “Permit Activities” means all activities requiring a permit pursuant to this Section.

G. “Person” means a Person as defined in City Code Section 1.02, Subd. 5.

H. "Solicitor" means any person, whether a resident of the City of Eden Prairie or not, who goes from house to house, from place to place, or from street to street with the intention of taking orders or scheduling future visits for taking orders for services or goods for future delivery and payment.

I. "Transient merchant" includes any person, firm or corporation, whether as owner, agent, consignee, or employee, whether a resident of the City of Eden Prairie or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within the City, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, trailer, tent, railroad boxcar, boat, public room in hotels, lodging houses, apartments, shops, or any street, alley or other place within the City, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction, provided however that such definition does not include any person, firm or corporation who sells such goods, wares, or merchandise from within the confines of a lawfully established and operating permanent retail sales operation.

Subd. 3. Permit Required. It is unlawful for any peddler, solicitor, or transient merchant to engage in permit activities within the City of Eden Prairie without first obtaining a permit therefor in compliance with the provisions of this Section. Each peddler, solicitor, or transient merchant engaged in permit activities, whether independently or on behalf of another, must have a separate permit.

Subd. 4. Exemptions.

A. The permit requirement in Subd. 3 and the General Permit Provisions in Subd. 7 of this Section do not apply to the following: (i) the acts of persons selling personal property at wholesale to dealers in such articles, nor the delivery of newspapers, nor to the acts of merchants or their employees in delivering goods in the regular course of business, nor to the sale of farm or garden products by the person producing the same at the location where such products are produced, which production shall be proven by the vendor, nor; (ii) persons employed at a bakery, dairy or grocery making an uninvited initiatory visit in an effort to establish regular route service for future delivery of perishables.

B. The permit requirement in Subd. 3 and the General Permit Provisions in Subd. 7 of this Section do not apply to non-commercial door-to-door advocates. This exemption will not apply if the person’s exercise of constitutional rights is merely incidental to what would properly be considered a commercial activity.

C. The permit requirement in Subd. 3 and the General Permit Provisions in Subd. 7 of this Section do not apply to peddlers or solicitors who are 17 years of age or younger, who are engaged in permit activities on behalf of a public school or private school, philanthropic organization, or community organization, which private school, philanthropic organization or community organization or its parent organization is on file with the Minnesota Secretary of State as a Minnesota domestic or a foreign business organization or has filed an assumed name, where the proceeds of the sales are mainly devoted to the benefit of the children engaged in the permit activities.

D. Nothing contained in this Section prohibits any sale required by statute or by order of any court, or prevents any person conducting a bona fide auction sale pursuant to law.

Subd. 5. Application and Fee.

A. Applicants for a peddler, solicitor, or transient merchant permit under this Section shall file with the City Clerk a sworn application in writing on a form to be furnished by the City Clerk.

B. At the time of filing an application for a peddler, solicitor, or transient merchant permit, a fee shall be paid to the City Clerk to cover the cost of administering the permit and investigation of the facts stated therein. The fee shall be as set forth in the City fee schedule and may be amended from time to time. No fees are required of individuals taking orders for the shipment of goods through interstate commerce.

Subd. 6. Investigation and Issuance.

A. Upon receipt of each peddler, solicitor or transient merchant application, it shall be referred to the Chief of Police who shall institute such investigation of the applicant's business and moral character as s/he deems necessary including, but not limited to, a criminal history and wanted persons check with the Bureau of Criminal Apprehension for the protection of the public good, and shall endorse the application in the manner prescribed in this Section within a reasonable period of time.

B. If, as a result of such investigation, the business and moral character of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his/her approval and return the application to the City Clerk, who shall issue the permit to the applicant. Such permit shall contain the information and be in the form required by the City.

C. If, as a result of such investigation, the applicant's business or moral character are found to be unsatisfactory, the Chief of Police shall endorse on such application his/her disapproval and his/her reasons for the same, and return the application to the City Clerk, who shall notify the applicant that his/her application is denied and that no permit will be issued. Any applicant's business or moral character may be found to be unsatisfactory for reasons including, but not solely limited to:

1. Fraud, misrepresentation or incorrect statement contained in the application for permit.

2. The failure of an applicant to fully complete or to sign the permit application.

3. The failure of an applicant to pay the required fee at the time of application.

4. A conviction or adjudication within five (5) years of the date of application for any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person’s ability to conduct the business for which the permit is being sought in a legal manner. Such violations shall include, but are not limited to, burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person.

5. The revocation, within the past five (5) years, of any license or permit issued to an applicant for the purpose of conducting business as a peddler, solicitor, or transient merchant.

6. The denial, within the last year, of any license or permit application for the purpose of conducting business as a peddler, solicitor, or transient merchant.

7. When an applicant has a bad business reputation, evidence of which shall include, but is not limited to, the existence of more than three (3) substantiated complaints against an applicant with the Better Business Bureau, the Office of the Minnesota Attorney General or another state’s regulatory office or department (such as another state’s attorney general’s office), or other business or consumer rights office or agency, within the preceding twelve (12) months, or three (3) substantiated complaints filed with the city or another city, town, or other political subdivision against an applicant within the preceding five (5) years.

8. Failure to follow all Federal, State and Local regulations, including failure to be registered, licensed or permitted if such registration, license or permit is required by any Federal, State or Local regulation.

D. Any permit holder aggrieved by the denial of a permit may appeal to the City Manager. Such appeal shall be taken by filing with the City Clerk within ten (10) days after the denial of a permit, a written statement requesting a hearing before the City Manager and setting forth fully the grounds for the appeal. A hearing shall be held within fifteen (15) days of receipt of the request. Notice of the hearing shall be given by the City Clerk in writing, setting forth the time and place of hearing. Such notice shall be mailed, postage prepaid, to the permit holder at his/her last known address at least five (5) days prior to the date set for hearing, or shall be delivered by a police officer in the same manner as a summons at least three (3) days prior to the date set for hearing.

Subd. 7. General Permit Provisions.

A. Each person engaged in permit activities must be permitted as provided herein and may not be accompanied by a person who is not permitted while engaging in such activities. No permit may be transferred between persons or businesses.

B. Each person engaged in permit activities must carry the City issued permit on his or her person and must display the permit between the waist and the neck on the front of his or her outer garment while engaged in permit activities.

C. All permits shall expire on December 31 in the year the permit is issued.

D. The permit issued by the City is the property of the City and must be returned to the City within seven (7) days of its expiration.

E. Each person engaged in permit activities must provide a sales slip, receipt, or other documentation to any person to whom they make a sale, or from whom they take an order or receive funds. The sales slip, receipt, or documentation must include the name of the person engaged in permit activities, his or her affiliated organization, the organization’s address and phone number, and a description of the transaction.

Subd. 8. Restrictions. No peddler, solicitor, transient merchant, non-commercial door-to-door advocate, any person acting on his or her behalf, or other person engaged in similar activities shall, while engaged in such activities:

A. Shout, cry out, blow a horn, ring a bell, or use any sound amplifying device upon any of the streets, alleys, parks or other public places of the City or upon private property where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks, or other public places.

B. Enter in or upon the property of another or attempt to enter in or upon the property of another if a placard or sign has been posted excluding peddlers and solicitors. The printed placard or sign must bear the notice: "Peddlers and Solicitors Prohibited". Such placard shall be at least 3-3/4 inches long and 3-3/4 inches wide and the printing thereon shall not be smaller than 48-point type. No person other than the person occupying such property shall remove, injure or deface such placard or sign.

C. Enter in or upon the property of another or attempt to enter in or upon the property of another before 9:00 a.m. or after 7:00 p.m. local time year-round

D. Obstruct the free flow of traffic, either vehicular or pedestrian in any public right of way.

E. Make false or misleading statements about the activities or the products or services being sold.

F. State or imply that the City, by issuance of a permit, has endorsed his/her activities or products.

G. Operate in a manner a reasonable person would find harassing, intimidating, abusive or threatening.

H. Operate in a manner a reasonable person would find offensive, obscene, or abusive, push open a door not opened by an occupant, place any portion of the person’s body through an opened doorway without the invitation of an occupant, or physically attempt to stop an occupant from closing a door.

I. Enter onto the property of another through any side or rear yard or attempt to make contact with a person at any point other than the main point of entrance of the building or property being approached.

J. Remain on the property of another after instructed to leave.

K. Act in a manner that threatens the health, safety, or welfare of any person or the general public.

L. Conduct permit activities in any city park without prior written authorization from the City Manager.

Subd. 9. Revocation of Permit.

A. Permits issued under the provisions of this Section may be revoked after notice and a hearing conducted by the City Manager, for any of the following causes: violation of this Section; violation of federal, state, or local law rule or regulation relating to peddlers, solicitors, or transient merchants; or any action identified in Subd. 6 C.

B. The Chief of Police may recommend revocation of a permit to the City Manager. Notice of the hearing for revocation of a permit shall be given by the City Clerk in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the permit holder at his/her last known address at least five (5) days prior to the date set for hearing, or shall be delivered by a police officer in the same manner as a summons at least three (3) days prior to the date set for hearing.

Subd. 10. Appeal. The decision of the City Manager following a public hearing as provided for in this Section can be appealed by petitioning the Minnesota Court of Appeals for a writ of certiorari.

Subd. 11. Emergency. If, in the discretion of the City Manager, imminent harm to the health or safety of the public may occur because of the actions of any person permitted under this Section, the City Manager may immediately suspend the person’s permit and in such event shall provide notice to the person of the right to a post-suspension hearing pursuant to the procedures in Subd. 9.

Subd. 12. Severability. If any provision of this Section is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected.

Subd. 13. Penalty.

A. Failure to perform, meet or comply with any condition or obligation imposed upon a permit holder by the City Code shall constitute a sufficient ground to withhold issuance, suspend, or revoke the permit.

B. A person who commits or attempts to commit, conspires to commit or aids or abets in the commission of an act constituting a violation of this Section, whether individually or in connection with one or more other persons or as principal, agent, or accessory is guilty of a misdemeanor. A person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, permits or directs another to violate a provision of Section is guilty of a misdemeanor.

Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 5.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein.

Section 3. This ordinance shall become effective from and after its passage and publication.

FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the ______day of ______, 2015 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the _____ day of ______, 2015.

______Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor

PUBLISHED in the Eden Prairie News on______.

CITY COUNCIL AGENDA DATE:

SECTION: Ordinances & Resolutions February 3, 2015

DEPARTMENT/DIVISION: ITEM DESCRIPTION: First Reading of Ordinance Amending City ITEM NO.: IX.B. Richard Rosow, City Attorney Code Chapter 9 relating to Point of Sale Inspections

Requested Action

Move to: Approve the first reading of an ordinance amending City Code Chapter 9 by adding Section 9.17 relating to Point of Sale inspections.

Synopsis

The Ordinance creates an inspection program for residential dwelling units listed for sale. Prior to the listing for sale of a residential dwelling unit, the owner must arrange for an inspection by either the City Building Official or a licensed Independent Evaluator. After the inspection the owner receives and must conspicuously display a report detailing the inspection and identifying any deficiencies in the dwelling unit. The inspection report must also be provided to the buyer. The Ordinance requires that deficiencies be repaired by the owner prior to sale and/or occupancy or in certain circumstances may be performed by the buyer. The Ordinance also requires that the Building Official receive copies of all inspection reports.

Background Information

The purpose of the adoption of a point of sale inspection ordinance is to enhance the supply of safe, sanitary and adequate housing and to prevent the deterioration of the overall housing stock of the City, thereby protecting the general health, safety, and public welfare of our residents. Last year 1,545 homes were listed for sale in Eden Prairie.

Attachment

Ordinance Adding City Code Section 9.17

CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 9 ENTITLED “PUBLIC PROTECTION, CRIMES AND OFFENSES,” ADDING SECTION 9.17 RELATING TO POINT OF SALE INSPECTIONS, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS

THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:

Eden Prairie City Code Chapter 9, Section 9.17 is adopted to read as follows:

“SECTION 9.17 POINT OF SALE INSPECTIONS

Subd. 1. Purpose. The purpose of this Section of the City Code is to enhance the supply of safe, sanitary, and adequate housing and to prevent the deterioration of the overall housing stock in the City, thereby protecting the general health, safety, and welfare of the public. The provisions contained herein are in addition to other applicable provisions of the City Code and not in lieu thereof.

Subd. 2. Scope. The provisions of this Section shall apply to all Dwelling Units located within the City.

Subd. 3. Definitions. For the purpose of this Section, the following terms shall mean:

A. Building Official: The Building Official of the City of Eden Prairie or his/her authorized designee.

B. Buyer: Any person or entity who purchases or receives a Dwelling Unit.

C. City Manager: The City Manager appointed by the City Council pursuant to City Code Section 2.30, Subd. 1, and/or the City Manager’s designee.

D. Deficiency: A condition or defect which detracts from the neighborhood, property values, or endangers health, safety, and welfare.

E Dwelling Unit: Any building or portion thereof which is designed or used for residential purposes by one or more people, not including hotels, motels, rest homes, hospitals or nursing homes. Includes but is not limited to any single-family dwelling, duplex, townhome, or condominium.

F. Independent Evaluator: Independent Evaluators are licensed by the City of Eden Prairie pursuant to Chapter 5 of the Eden Prairie City Code. A list of approved licensed evaluators shall be kept on file by the Building Official.

G. Offered for Sale: The sale or offering for sale of any Dwelling Unit, including but not limited to the following: advertising the Dwelling Unit as for sale; listing the Dwelling Unit as for sale; posting a sign identifying the Dwelling Unit as for sale; exhibiting or showing the Dwelling Unit as for sale; sale, conveyance, gift, assignment, transfer or other disposal of the Dwelling Unit;

1 transfer of the Dwelling Unit through a trust or probate; and any other transfer or disposition either voluntarily, involuntarily or by operation of law;

H. Owner’s Agent: A person who acts for or has the power or authority to act for the Owner of a Dwelling Unit. Includes but is not limited to a guardian, administrator, executor, trustee, manager, owner’s association, or any other agent representing the Owner in relation to a Dwelling Unit which is Offered for Sale.

I. Owner: The owner of a Dwelling Unit as identified in the property records on file at Hennepin County Auditor’s Office or by Court Order.

J. Point of Sale Compliance Report: A written report identifying Deficiencies in a Dwelling Unit prepared and signed by the Building Official or Independent Evaluator and completed after the inspection of the Dwelling Unit.

Subd. 4. Point of Sale Compliance Report Required.

A. No Dwelling Unit located within the City may be Offered for Sale until the Owner or Owner’s Agent has applied for and secured an inspection and a Point of Sale Compliance Report. The Point of Sale Compliance Report shall be conspicuously displayed for inspection at the Dwelling Unit at all times that such Dwelling Unit is being Offered for Sale.

B. The Owner may choose to have the City of Eden Prairie perform the inspection and prepare the Point of Sale Compliance Report or the Owner may select an Independent Evaluator to perform the inspection and prepare the Report. The fee for an independent inspection and Report is established by the Independent Evaluator.

C If the Point of Sale Compliance Report is not prepared by the Building Official, the Independent Evaluator who performs the inspection and prepares the Report must provide a copy of the Report to the Building Official within 5 days of the completion of the Report.

D. A Point of Sale Compliance Report which complies with this Section for the Dwelling Unit in question shall be provided to the Buyer prior the Dwelling Unit being Offered for Sale. The Buyer shall not occupy the Dwelling Unit prior to issuance of a Point of Sale Compliance Report which finds that the Dwelling Unit complies with this Ordinance and is free of Deficiencies.

E. The Point of Sale Compliance Report shall indicate that the Dwelling Unit was inspected and whether or not any Deficiencies exist in the Dwelling Unit and shall identify any such Deficiencies. A Report is valid for one (1) year from the date of its issuance. A Report is valid only for the Owner listed on the report.

Subd. 5. Exceptions. A Point of Sale Compliance Report Is Not Required for the following:

A. A Dwelling Unit where the Certificate of Occupancy has been issued by the Building Official within five years of the Dwelling Unit being Offered for Sale.

B. A Dwelling Unit which is Offered for Sale to a public body.

C. A Dwelling Unit which is Offered for Sale for the purpose of demolition.

2 D. A Dwelling Unit which is Offered for Sale by the sheriff or other public or court officer in the performance of their official duties. This exemption does not apply however to a Dwelling Unit which is Offered for Sale by a person appointed by a probate court.

E. A Dwelling Unit which is Offered for Sale to a foreclosing mortgagee which holds a mortgage on the Dwelling Unit.

F. A Dwelling Unit which is located in an apartment building and is rented not owned.

Subd. 6. Deficiency.

A. General. Each of the following items shall constitute a Deficiency and shall be required to be repaired or replaced prior to the Dwelling Unit being Offered for Sale.

1. Inadequate Sanitation. Inadequate sanitation shall include but not be limited to the following: (a) Lack of, or improper installation of a water closet, lavatory, bathtub, shower or kitchen sink. (b) Lack of hot and cold running water to plumbing fixtures. (c) Clear water sump discharge connected to the sanitary sewer system. (d) Dampness of habitable space. (e) Presence of mold or other fungal growth. (f) Infestation of insects, vermin or rodents. (g) General dilapidation or improper maintenance. (h) Lack of connection to a sewage disposal system. (i) Lack of adequate heating facilities.

2. Structural Hazards. Structural hazards shall include but not be limited to the following: (a) Deteriorated or inadequate foundations. (b) Defective, deteriorated, or undersized flooring or floor supports. (c) Walls, partitions or vertical supports that are defective, deteriorated, or undersized. (d) Ceilings, roofs, supports or other horizontal members which are defective, deteriorated, or undersized. (e) Fireplaces or chimneys constructed with materials that are defective, deteriorated, or undersized.

3. Hazardous Electrical Systems. Hazardous electrical systems shall include but not be limited to electrical systems exhibiting the following: (a) Dangerous overloading or ungrounded. (b) Damaged or deteriorated equipment. (c) Spliced or un-insulated wiring. (d) Temporary distribution systems.

4. Hazardous Plumbing. Hazardous plumbing shall include but not be limited to the following: (a) Plumbing systems with leaking wastes, fixtures, or traps. (b) Cross-connections in the potable water system.

5. Hazardous Mechanical Equipment. Heating systems, water heaters, or boilers that are unsafe due to, but not limited to the following: (a) Burned out or rusted heat exchangers. (b) Burned out, rusted, or plugged flues. (c) Lack of a vent.

3 (d) Connection with unsafe gas supplies. (e) Inability to adequately heat the living space or water. (f) Lack of temperature and pressure relief valves.

6. Lack of or inoperable or improperly installed smoke detectors.

7. Faulty weather protection and exterior surfaces, which shall include but not be limited to the following: (a) Deteriorated exterior surfaces including rot, holes, and gaps. (b) Exterior surfaces with noticeable deterioration of the finish, including peeling, cracked, chipped or otherwise deteriorated surface finish on more than ten percent (10%) of: (i) Any one wall or other flat surface, or (ii) All doors and window, door and window moldings, fascia, soffit, eaves, gutters, and similar projections on any one side or surface. (c) Glass including windows and exterior light fixtures that are broken or cracked and screens that are torn or separated from moldings. (d) Exterior doors and shutters that are not properly hung or have inoperable mechanisms to keep them securely shut or in place. (e) Fences, swimming pools, retaining walls, and accessory buildings which are not maintained in good condition. (f) Roof surfaces which admit water. (g) Roof drainage systems that are not secured or hung properly (h) Decks, porches, fences, chimneys, antennae, air vents, and other similar projections that are not structurally sound and properly secured, where applicable, to an exterior wall or exterior roof.

8. Hazardous or Unsanitary Premises. (a) Premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or other conditions exist. (b) Lack of or improper premises identification.

9. Improper Occupancy. All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies.

Subd. 7 Correction of Deficiencies.

A. The Owner or if there is an Owner’s Agent then the Owner’s Agent shall correct all Deficiencies identified in the Point of Sale Compliance Report by replacement or repair prior to the Dwelling Unit being Offered for Sale.

B. The Owner shall ensure that all necessary permits are obtained.

C. All Deficiencies identified in the Point of Sale Compliance Report must be re-inspected and approved in writing by a Building Official or Independent Evaluator prior to the Dwelling Unit being Offered for Sale to confirm that all repairs and replacements have been completed in compliance with all building codes. If the re-inspection is not performed by the Building Official, the Independent Evaluator who performs the re-inspection must provide a copy of all records relating to such re-inspection and approval if granted to the Building Official within 5 days of the re-inspection.

4 D. The Buyer, as identified in written and signed documentation relating to the Dwelling Unit being Offered for Sale, may elect to correct Deficiencies identified in the Point of Sale Compliance Report. Such elections must be approved in writing by the Building Official and are subject to specified terms and conditions set by the Building Official. Terms shall include but not be limited to: 1. A signed agreement between Owner and Buyer by which the Buyer accepts responsibility for the corrections. 2. A completion date not later than 180 days from the date the Dwelling Unit’s title is transferred. 3. A date when the Buyer may occupy the Dwelling Unit.

E. No occupancy shall be permitted of any Dwelling Unit if a condition or defect exists which is, in the opinion of the Building Official, likely to cause personal injury or property damage.

Subd. 8. Appeals.

A. An Owner or Buyer aggrieved by a Point of Sale Compliance Report or a re-inspection may file an objection with the Building Official. The objection must be filed in writing with the Building Official within 10 days of the action or decision which is being objected to and must set forth the a brief statement of the objection and the relief sought. The Building Official shall issue a written decision in response to an objection.

B. An Owner or Buyer aggrieved of the Building Official’s written decision in response to an objection shall have the right to appeal the decision to the City Manager. The appeal must be made in writing to the City Manager within 10 days of the issuance of the Building Official’s written decision and must include the Building Official’s written decision, a brief statement of the grounds for appeal and the relief sought. The City Manager shall issue a written decision in response to an appeal.

C. The City Manager’s decision is final and no appeal is allowed to the City Council under Section 2.80 of the City Code.

Subd. 9. Penalties.

A. The failure of any Owner or Buyer to comply with the provisions of this Section or to comply with an order issued by the City pursuant to this Section shall be a misdemeanor.

B. Civil Remedies. In addition to enforcement pursuant to Section 9.99, this Section may be enforced by injunction, action for abatement or other appropriate civil remedy.

C. City Code Chapter 1, entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 9.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein.

Subd. 10. Warranty Disclaimer.

A. By enacting and undertaking to enforce this Section, neither the City nor its council, agents or employees warrant or guarantee the safety, fitness or suitability of any Dwelling Unit in the City

5 Subd. 11. Fees.

A. The City Council of Eden Prairie shall from time to time establish fees as set forth in the City Fee Schedule for activities undertaken by the City pursuant to this Ordinance. Fees shall be due and payable upon application for a Point of Sale Compliance Report

Subd. 12. Severability.

A. If any provision of this Section or the application of any provision to a particular situation is held to be invalid by a court of competent jurisdiction, the remaining portions of the Section and the application of the Section to any other situation shall not be invalidated.

Subd. 13. Effective Date.

A. This Ordinance shall become effective from and after its passage and publication, provided, however, this Ordinance shall become effective no earlier than April 15, 2015.”

FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on February 3, 2015, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the ______day of ______, 2015.

______Nancy Tyra-Lukens, Mayor

ATTEST:

______Kathleen Porta, City Clerk

PUBLISHED in the Eden Prairie News of the ______day of ______, 2015.

6 CITY COUNCIL AGENDA DATE:

SECTION: Ordinances & Resolutions February 3, 2015

DEPARTMENT/DIVISION: ITEM DESCRIPTION: First Reading of Ordinance Amending City ITEM NO.: IX.C. Richard Rosow, City Attorney Code Chapter 5 relating to Independent Evaluators

Requested Action

Move to: Approve the first reading of an ordinance amending City Code Chapter 5 by adding Section 5.76 relating to the regulation of Independent Evaluators.

Synopsis

The Ordinance provides licensing for the Independent Evaluators who will be performing Point of Sale inspections and preparing reports pursuant to proposed City Code Section 9.17. The licensing relies on the testing and certification performed by the City of Minneapolis and/or the City of Bloomington.

Attachment

Ordinance

CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 5 ENTITLED “OTHER BUSINESS REGULATIONS AND LICENSING” BY ADDING SECTION 5.76 RELATING TO INDEPENDENT EVALUATORS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS

THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:

Section 1. Eden Prairie City Code Chapter 5, Section 5.76 is adopted to read as follows:

“SECTION 5.76 INDEPENDENT EVALUATOR

Subd. 1. Purpose. The purpose of this Section of the City Code is to provide standardized licensing and qualification for Independent Evaluators who provide Point of Sale Compliance Reports and inspections pursuant to City Code Section 9.17 in order to enhance the supply of safe, sanitary, and adequate housing and to prevent the deterioration of the overall housing stock in the City, thereby protecting the general health, safety, and welfare of the public. The provisions contained herein are in addition to other applicable provisions of the City Code and not in lieu thereof.

Subd. 2. Definitions. For the purpose of this Section, the following terms shall mean:

A. Building Official: The Building Official of the City of Eden Prairie or his/her authorized designee.

B. Deficiency: A Deficiency as defined by City Code Section 9.17.

C. Owner: Owner as defined by City Code Section 9.17.

D. Owner’s Agent: Owner’s Agent as defined by City Code Section 9.17.

E. Point of Sale Compliance Report or Report: A Point of Sale Compliance Report as defined by City Code Section 9.17.

Subd. 3. License Required. No person shall complete a Point of Sale Compliance Report or inspection prescribed in City Code Section 9.17 without receiving and maintaining an Independent Evaluator license from the City as provided in this Section.

Subd. 4. Application and Fee.

A. Applicants for an Independent Evaluator license shall file with the Building Official an application in writing on a form to be furnished by the Building Official. Along with the application the applicant shall provide proof of the Certificate or License required by subdivision 7 B of this Section and the insurance required by subdivision 7 C of this Section.

B. The application form shall be accompanied by a non-refundable Independent Evaluator fee in accordance with the City Fee Schedule.

Subd. 5. Investigation and Issuance.

A. Upon receipt of an application, the Building Official shall review the application for completeness and for compliance with this Section and may refer the application to the Chief of Police to institute such investigation of the applicant's business and moral character as s/he deems necessary including, but not limited to, a criminal history and wanted persons check with the Bureau of Criminal Apprehension for the protection of the public good.

1. If an application is complete and compliant the Building Official shall issue the license to the applicant.

2. If an application is incomplete and/or noncompliant the Building Official shall deny the application and return it to the applicant with a written explanation of the reason for denial.

B. An application may be denied for reasons including, but not solely limited to:

1. Fraud, misrepresentation or incorrect statement contained in the application or renewal application for license.

2. The failure of an applicant to fully complete or to sign the license, application or renewal application.

3. The failure of an applicant to pay the required fee at the time of application or renewal.

4. The failure of an applicant to maintain the required insurance and/or provide proof of the required insurance at the time of application, renewal or at any time such proof is requested by the Building Official.

5. The failure of an applicant to maintain a current, non-expired Certificate of Compliance or License as an Evaluator with the City of Minneapolis pursuant to Minneapolis City Code Chapter 248 as may be amended from time to time and/or the City of Bloomington pursuant to Bloomington City Code Chapter 14 as may be amended from time to time and provide proof of the Certificate or License at the time of application, renewal or at any time such proof is requested by the Building Official.

6. A conviction or adjudication within five (5) years of the date of application for any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person’s ability to conduct the business for which the license is being sought in a legal manner. Such violations shall include, but are not limited to, burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person.

7. The revocation, within the past five (5) years, of any license or permit issued to an applicant for the purpose of conducting business as an evaluator.

8. The denial, within the last year, of any license or permit application for the purpose of conducting business as an evaluator.

9. When an applicant has a bad business reputation, evidence of which shall include, but is not limited to, the existence of more than three (3) substantiated complaints against an applicant with the Better Business Bureau, the Office of the Minnesota Attorney General or another state’s regulatory office or department (such as another state’s attorney general’s office), or other business or consumer rights office or agency, within the preceding twelve (12) months, or three (3) substantiated complaints filed with the City or another city, town, or other political subdivision against an applicant within the preceding five (5) years.

10. Failure to follow all Federal, State and Local regulations, including failure to be registered, licensed or permitted if such registration, license or permit is required by any Federal, State or Local regulation.

11. Failure to comply with the requirements of this Section.

Subd. 6. Renewal of License.

A. All licenses under this Section shall expire on December 31 of the year the license was issued.

B. Applications for renewal of a license issued under this Section shall be filed with the Building Official at least sixty (60) days prior to the date of expiration of the license and shall be in writing on a form to be furnished by the Building Official. The renewal application form shall be accompanied by a non-refundable renewal fee in accordance with the City Fee Schedule.

C. The renewal application shall contain evidence that the renewal applicant continues to meet all requirement of this Section. The Building Official may, in the Building Official’s sole discretion, perform or have performed any investigation authorized by Subd. 5 of this Section.

D. The Building Official may deny renewal of a license on the same grounds as a license may be denied under Subd. 5 of this Section. The Building Official shall return a denied renewal application to the applicant with a written explanation of the reason for denial.

Subd. 7. License Requirements. Each Independent Evaluator shall comply with the following:

A. Conduct all inspections and complete all Reports in compliance with this Section and with City Code Section 9.17.

B. Maintain at all times while licensed a current, non-expired Certificate of Compliance or License as an Evaluator with the City of Minneapolis pursuant to Minneapolis City Code Chapter 248 as may be amended from time to time or the City of Bloomington pursuant to Bloomington City Code Chapter 14 as may be amended from time to time.

C. Maintain at all times while licensed insurance coverage meeting the following minimum requirements:

1. General liability insurance of not less than $250,000 per claim and $500,000 aggregate; and

2. Professional errors and omissions insurance of not less than $250,000 per claim and $500,000 aggregate.

3. The insurance shall not include a deductible that exceeds $5,000.

4. The insurance shall list the City of Eden Prairie as an additional insured.

5. The insurance shall cover any and all liability resulting from the performance of the duties as an Independent Evaluator.

D. Upon a change of address and/or telephone number provide written notice to the Building Official of such change.

Subd. 8. Point of Sale Compliance Report Requirements. Each Independent Evaluator in preparing and filing Point of Sale Compliance Reports shall comply with the following:

A. The Report shall be either typewritten or legibly printed in ink on the form furnished by the City.

B. The Report shall identify the property and structure inspected and the date it was inspected, as well as indicating whether or not any Deficiencies exist and identifying any such Deficiencies as prescribed in City Code Section 9.17.

C. Within seven (7) calendar days after the inspection has been completed, the original Report shall be submitted to the Owner or Owner’s Agent.

D. Within seven (7) calendar days after the inspection has been completed a copy of the Report shall be filed with the City along with a non-refundable Report filing fee in accordance with the City Fee Schedule. The Report filed with the City shall indicate the date the Report was submitted to the Owner or Owner’s Agent.

E. An Independent Evaluator who fails to file a timely Report shall be required to pay a penalty of twenty dollars ($20.00) to the City for every late Report, whether the Independent Evaluator filed the late Report with the Owner, Owner’s Agent, and/or the City. The penalties shall be due at the time of filing the Report with the City.

Subd. 9. Revocation or Suspension of License. The Building Official may revoke or suspend an Independent Evaluator license if the license holder has violated any provision for which a license may be denied under Subdivision 5 of this Section. The Building Official shall mail to the license holder at the address on file with the Building Official notice of any revocation or suspension including the reason for the revocation or suspension.

Subd. 10. Appeal.

A. The Building Official’s decision to deny, revoke or suspend a license may be appealed by way of a hearing before the City Manager.

B. The written denial, revocation or suspension of a license as provided for in this Section shall be accompanied by notice of the license holder’s right to appeal as provided in this Subdivision 10.

C. A written appeal, including a copy of the Building Official’s decision, the grounds upon which the appeal is made and the appellant’s current address, must be filed with the City Manager within ten (10) days of the issuance of the Building Official’s decision.

D. A hearing shall be held within thirty (30) days of the City Manager’s receipt of the appeal. The City Manager shall mail notice of the date, time and location of the hearing to the appellant at the address included in the appeal at least ten (10) days prior to the hearing. The City Manager shall issue a written decision in response to an appeal.

E. The City Manager’s decision is final and no appeal is allowed to the City Council under Section 2.80 of the City Code.

Subd. 11. Severability. If any provision of this Section is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected.

Subd. 12. Penalty. A person who commits or attempts to commit, conspires to commit or aids or abets in the commission of an act constituting a violation of this Section, whether individually or in connection with one or more other persons or as principal, agent, or accessory is guilty of a misdemeanor. A person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, permits or directs another to violate a provision of Section is guilty of a misdemeanor.”

Section 2. City Code Chapter 1, entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 5.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein.

Section 3. This Ordinance shall become effective from and after its passage and publication.

______Nancy Tyra-Lukens, Mayor

ATTEST:

______Kathleen Porta, City Clerk

PUBLISHED in the Eden Prairie News of the ______day of ______, 2015.