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City Council - 10/16/2007
AGENDA CITY COUNCIL WORKSHOP &OPEN FORUM /OPEN PODIUM TUESDAY, OCTOBER 16, 2007 CITY CENTER 4:00 - 6 :25 PM ,HERITAGE ROOM II 6:30 - 7:00 PM,COUNCIL CHAMBER CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal ,Police Chief Rob Reynolds ,Fire Chief George Esbensen, Public Works Director Eugene Dietz ,Community Development Director Janet Jeremiah ,Parks and Recreation Director Jay Lotthammer ,Communications Manager Joyce Lorenz, Assistant to the City Manager Michael Barone ,City Attorney Ric Rosow ,and Recorder Jan Curielli Heritage Room II 1.BUDGET Council Chamber II.OPEN FORUM A.MURSHID -BUDGET III.OPEN PODIUM IV.ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 16, 2007 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal ,Parks & Recreation Director Jay Lotthammer, Public Works Director Eugene Dietz ,City Planner Michael Franzen ,Community Development Director Janet Jeremiah ,City Attorney Ric Rosow and Council Recorder Jan Curielli 1.ROLL CALL / CALL THE MEETING TO ORDER II.PLEDGE OF ALLEGIANCE III.COUNCIL FORUM INVITATION IV.PROCLAMATIONS /PRESENTATIONS V.APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI.MINUTES A.COUNCIL WORKSHOP HELD TUESDAY,OCTOBER 2, 2007 B.CITY COUNCIL MEETING HELD TUESDAY ,OCTOBER 2, 2007 VII.REPORTS OF ADVISORY BOARDS &COMMISSIONS A.HUMAN RIGHTS AND DIVERSITY COMMISSION VIII .CONSENT CALENDAR A.LIBERTY PLAZA Second Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the 1-2 Zoning District on 30.34 acres and Zoning District Change from Rural and 1-2 to Office on 17.31 acres, Resolution for Site Plan Review on 17.31 acres. (Ordinance for PUD District Review and Zoning District Amendment ;Zoning District Change Resolution for Site Plan Review) B.ADOPT RESOLUTION APPROVING FINAL PLAT OF TIMBER LAKES 2M ADDITION C.ADOPT RESOLUTION APPROVING LED CONVERSION PROGRAM AGREEMENT NO. PW 46 -49-07 WITH HENNEPIN COUNTY,I.C. 07-5706 D.APPROVE CONTRACT WITH BARR ENGINEERING CO. TO PROVIDE MONITORING AND MAINTENANCE ACTIVITIES FOR RILEY CREEK WATER QUALITY MONITORING STATION CITY COUNCIL AGENDA October 16, 2007 Page 2 E.APPROVE CONTRACT WITH METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES TO PROVIDE TASKS ASSOCIATED WITH MONITORING AND MAINTAINING RILEY CREEK WATER QUALITY MONITORING STATIONS F.APPROVE CONTRACT WITH DORAN CONSTRUCTION INC. FOR POLICE TRAINING ROOM REMODELING PROJECT G.APPROVE PURCHASE OF TRIMBLE GPS HARDWARE AND SOFTWARE FROM FRONTIER PRECISION H.APPROVE PROFESSIONAL SERVICES AGREEMENT WITH AERO- METRIC INC. FOR LIDAR DATA PURCHASE IX.PUBLIC HEARINGS / MEETINGS A.LAMETTRY COLLISION Request for: Planned Unit Development Concept Review on 3.2 acres, Planned Unit Development District Review with waivers on 3.22 acres, Zoning Amendment within the Commercial Regional Service Zoning District on 3.2 acres, Site Plan Review on 3.2 acres. Location: 11903 Valley View Road. (Resolution for PUD Concept Review ;Ordinance for PUD District Review with waivers and Zoning Amendment) X.PAYMENT OF CLAIMS XI.ORDINANCES AND RESOLUTIONS A.SECOND READING OF ORDINANCE RELATING TO SNOW REMOVAL ON SIDEWALKS AND TRAILS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION XII.PETITIONS, REQUESTS AND COMMUNICATIONS XIII.APPOINTMENTS XIV.REPORTS A.REPORTS OF COUNCIL MEMBERS B.REPORT OF CITY MANAGER C.REPORT OF COMMUNITY DEVELOPMENT DIRECTOR 1.Dunn Bros./Smith-Douglas-More-House D.REPORT OF PARKS AND RECREATION DIRECTOR E.REPORT OF PUBLIC WORKS DIRECTOR CITY COUNCIL AGENDA October 16, 2007 Page 3 F.REPORT OF POLICE CHIEF G.REPORT OF FIRE CHIEF H.REPORT OF CITY ATTORNEY XV.OTHER BUSINESS XVI.ADJOURNMENT ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP &OPEN FORUM/OPEN PODIUM TUESDAY ,OCTOBER 2, 2007 CITY CENTER 5:00 - 6 :25 PM, HERITAGE ROOM II 6:30 - 7:00 PM,COUNCIL CHAMBER CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II Council Member Duckstad was absent. 1.SIDEWALK SNOW REMOVAL Public Works Director Gene Dietz said several factors led to preparation of the draft ordinance for sidewalk snow removal. The community survey conducted by the City last winter indicated that 65 percent of respondents would support a snow removal ordinance. Also, the City's main sidewalk/trail plow broke down after a 12-inch snowfall last spring, resulting in calls from residents concerned about school children and other pedestrians being forced to walk in the street. Dietz said the City is considering whether or not property owners should be asked to partner with the City in an effort to improve snow removal from sidewalks and trails. Dietz showed a map that outlines nine proposed levels of snow sidewalk/trail snow removal responsibility. The draft ordinance would require property owners to remove snow on sidewalks and trails on residential streets; however, the City would continue to remove snow on sidewalks and trails on the spine system and major feeders and collectors.He said it would not be feasible to require property owners to clear those sidewalks and trails because they are close to the street and get plowed in several times after each snow fall when streets are replowed. Also, homes back onto trails with fences, making it difficult for property owners to access them for snow removal. Residents would have 24 hours to clear sidewalks and trails. If the sidewalk or trail is not cleared within 24 hours, the resident would receive a notice giving them an additional 24 hours to clear them. If they are not cleared within that time, the City will clear them and bill the property owner. Dietz said the City will not save money or time under the proposed changes. Rather the new policy will result in more clear sidewalks and trails for pedestrians to use. Council Workshop Minutes October 2, 2007 -page 2 Council Member Nelson said the draft ordinance does not spell out that snow removal from trails behind homeowners' properties is not their responsibility. She asked that this be clarified in the ordinance. She also asked that language on responsibility for clearing of any future trails be added to the ordinance. Rosow said he would draft that language. He also said a map can be attached to the ordinance to clearly delineate responsibilities. Council Member Butcher asked about how hardship cases will be handled. Dietz said that is an issue that will need to be addressed. Council Member Nelson said she is concerned about how people serving in the military overseas will be affected by the ordinance.Dietz said the City of Minneapolis maintains a list of organizations that do snow removal for a nominal fee. He said Eden Prairie could consider using a similar system. Dietz said the draft ordinance would make property owners responsible for ice removal, but he suggested removing that language since the City does not currently do that and it is costly and not always feasible to remove all ice, depending on conditions. Dietz said the purpose of the ordinance is to provide places for walking, not to achieve a completely slip free environment. Dietz said to achieve the suggested level of service by the City, a couple of additional pieces of equipment would have to be purchased. The City has one "trackless plower, but would need an additional one. They cost about $100,000 apiece and last around 15 years.This equipment is currently not budgeted for, and would have to be authorized through the CIP budget. To meet the new time standards for removal, some overtime would also have to be authorized so crews can be on the streets at 12:00 a.m. instead of the current 3:00 a.m. Council Chamber II.OPEN FORUM A.GREG OLSON - CITY FISCAL POLICY Mr. Olson said the good news is that the City is not going to run out of money, and should not have to cut services. Olson said research shows that as a city's population grows, so must its budget. Olson referred to a budget memo prepared by City Manager Scott Neal in 2006. He said that inflation-adjusted per capita taxes have declined. He said this hardly suggests a crisis. He said the questions the Council should be asking are how do we create a sense of community and how do we make our city a safe place? Olson said as a member of the School Board he wanted to point out how hard they are working at reaching out to immigrants and those at the poverty level. He asked the City to continue to partner with the schools on these issues. B.RYAN LAING, YMCA - PROPOSED BUDGET CUTS Ryan Laing said he is the director of the Southdale YMCA's Y Start program at Central Middle School .He introduced Adam Johnson ,a student who attended the program for two years and is now a volunteer with the YMCA.Johnson said he Council Workshop Minutes October 2, 2007 -page 3 enjoyed participating in the program and would like to see it continue for other kids.Laing said Eden Prairie is at a crossroads at which they must decide whether or not they should continue to teach altruism or make cuts that would save 1 percent of the budget. C.KIM VOHS - SOCIAL SERVICES BUDGET Kim Vohs said he works for a non-profit organization that provides the types of social services that Eden Prairie is considering for reduced funding. He said poverty is shifting to the suburbs and racial diversity is increasing. He said we need to address more rather than less. He asked whether or not it was appropriate to dump problems on the county or non-profits. He said he would like to emphasize the investment rather than the expenditure aspect of the social services budget. III.OPEN PODIUM A.Laura Blum] - Ms. Bluml thanked Council for considering a proposed ordinance that would result in snow removal from more sidewalks and trails. IV.ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,OCTOBER 2, 2007 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL:Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal ,Parks &Recreation Director Jay Lotthammer,Public Works Director Eugene Dietz ,City Planner Michael Franzen, Community Development Director Janet Jeremiah ,City Attorney Ric Rosow and Council Recorder Angie Perschnick 1.ROLL CALL / CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:01 PM. II.PLEDGE OF ALLEGIANCE III.COUNCIL FORUM INVITATION IV.PROCLAMATIONS / PRESENTATIONS A.CHANGE A LIGHT PROCLAMATION Mayor Young proclaimed October 3rd, 2007 as Energy Star Change a Light Day. V.APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal noted a few changes to the agenda. There is a new Exhibit A for IX.A. The Pointe on Lake Riley. Neal added there is a slight change to the legal description for a part of Eden Prairie Road that is being vacated (Consent Agenda Item VIII.F.). Neal added Consent Agenda Item VIII.G., which is the Eden Prairie 911 - Positron Viper item. Mayor Young noted he had a minor item he wanted to discuss during his report. MOTION: Butcher moved, seconded by Aho, to approve the agenda as amended. Motion carried 4-0. VI.MINUTES A.COUNCIL WORKSHOP HELD TUESDAY,SEPTEMBER 18, 2007 MOTION: Butcher moved, seconded by Nelson, to approve the minutes of the Council Workshop held Tuesday, September 18, 2007.Motion carried 4-0. CITY COUNCIL MINUTES October 2, 2007 Page 2 B.CITY COUNCIL MEETING HELD TUESDAY,SEPTEMBER 18, 2007 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the Council Meeting held Tuesday, September 18, 2007.Motion carried 4-0. VII.REPORTS OF ADVISORY BOARDS &COMMISSIONS A.ARTS & CULTURE COMMISSION Ann Rorem, chair of the Arts & Culture Commission, gave an update on what the Commission is doing and discussed the many Arts and Culture programs. She stated their mission is to improve the quality of life in Eden Prairie through arts and culture. 15,000 people attend the Arts and Culture programs in Eden Prairie. Council Member Butcher noted that she is impressed with the large number of people that the Arts & Culture Commission serve through their programs, and she thanked Ann Rorem for her hard work. VIII.CONSENT CALENDAR A.CLERK'S LICENSE LIST B.ADOPT RESOLUTION NO. 2007-104 REALLOCATING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)FUNDS FROM JEWISH VOCATIONAL SERVICES (JVS) TO THE YMCA CHILD CARE PROGRAM C.APPROVE SCOREBOARD AGREEMENT WITH THE EDEN PRAIRIE BASEBALL ASSOCIATION D.APPROVE SECOND AMENDMENT TO THE PURCHASE AGREEMENT FOR SALE OF LOT 1 ,BLOCK 1, OUTLOT C - COLUMBINE ADDITION (PRESBYTERIAN HOMES) E.AWARD CONTRACT FOR RILEY LAKE ROAD CULVERT REPLACEMENT TO MINGER CONSTRUCTION ,I.C. 07-5693 F.ADOPT RESOLUTION NO. 2007-105 AMENDING RESOLUTION NO. 2007-91 ,TO CORRECT DESCRIPTION OF PARCEL 1, A PART OF EDEN ROAD VACATION 07-03 G.AWARD BID TO QWEST FOR POSITRON VIPER FOR 911 SERVICES MOTION: Aho moved, seconded by Butcher, to approve Items A-G on the Consent Calendar.Motion carried 4-0. IX.PUBLIC HEARINGS /MEETINGS CITY COUNCIL MINUTES October 2, 2007 Page 3 A.THE POINTE ON LAKE RILEY - LEU Request for: Planned Unit Development Concept Review on 2 acres, Planned Unit Development District Review with waivers on 2 acres, Zoning Amendment within the RI -22 Zoning District on 2 acres, Preliminary Plat of 2 acres into one lot. Location: 9100 Stephens Pointe. (Resolution No. 2007-106 for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning Amendment; Resolution No. 2007-107 for Preliminary Plat) Neal stated the official notice of this public hearing was published in the September 20, 2007,Eden Prairie Sun Current and sent to 8 property owners. The project is to replat 3 lots into one single-family lot consistent with the requirements of the R1-22 zoning district. This project is an amendment to the 2004 approved Point on Lake Riley plan. The approved plan is for 4 single family lots and 1 outlot. The Planning Commission voted 8-0 to recommend approval of the project at the September 10, 2007 meeting. Steve Kleinman, a representative from SKD Architects, spoke as the architect for the project.He introduced the new property owners, Jeff & Karen Luke. MOTION: Aho moved, seconded by Nelson, to Close the public hearing; adopt the Resolution for Planned Unit Development Concept Review on two acres; and approve the first reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the RI -22 Zoning District on two acres; and adopt the Resolution for Preliminary Plat on two acres into one lot; and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions.Motion carried 4-0. X.PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Butcher, to approve the Payment of Claims as submitted.The motion was approved on a roll call vote with Aho, Butcher ,Nelson, and Young voting "aye." XI.ORDINANCES AND RESOLUTIONS A.FIRST READING OF AN ORDINANCE RELATING TO SNOW REMOVAL ON SIDEWALKS AND TRAILS Nelson stated it is unclear at this point that the Ordinance covers only the sidewalks and trails adjacent to homes, not the trails behind people's homes that may be inaccessible to property owners. The map shows that the Ordinance does not cover trails behind people's homes, but the Ordinance needs to be clarified so the wording reflects this clearly. Butcher also noted that the Council plans to include consideration of people who are not physically able to clear snow when reviewing the Ordinance. CITY COUNCIL MINUTES October 2, 2007 Page 4 Gene Dietz said this is the first time the City is considering an ordinance to require homeowners to remove snow from adjacent sidewalks and trails. The City will use the "spine system to prioritize sidewalks and trails along higher volume roads for snow removal, and the City will continue to maintain these sidewalks. The essence of the Ordinance is that people would have 24 hours to remove snow after the cessation of the snowstorm for single family and duplex properties. For apartment complexes, businesses and retail, they would have 8 daylight hours to remove the snow. The City will manage this the same way they do the weed ordinance: if they receive a complaint after the 24 hours have expired, they will notify the property owner with a posted notice and give them 24 additional hours to remove snow. If the property owner fails to comply, they will be billed for a contractor hired by the City to do the work. Dietz said the proposed Ordinance needs clarification this evening before the Second Reading to specify exactly where the responsibility lies for trails and sidewalks in response to the issue Nelson raised. They will also eliminate the reference to sand and salt for ice control in the Ordinance. In regard to helping seniors and those who need additional support, Dietz recommended that a written notice to be sent to all residents.He suggests including a plea for residents to ban together to help their elderly or disabled neighbors. Aho noted this is not a reduction in the amount of trail and sidewalk clearing that will be accomplished by the City, but rather it is a plea to residents to get the sidewalks and trails cleared at a higher service level. Aho requested and Dietz responded with the number of miles of trails and/or sidewalks cleared by the City. Today the City plows approximately 78 miles of trails and 38 miles of sidewalks for a total of 116 miles; after the ordinance is adopted, the City will plow 109 miles of sidewalks and/or trails. This Ordinance will require an additional 73 miles to be plowed by property owners in addition to the clearing done by the City.Additional equipment will need to be acquired, and extra overtime hours may be needed. Aho stated this Ordinance should be beneficial to children walking to and from school and to residents who enjoy walking outside in the winter. The City hopes to make a significant improvement to the ability for residents to walk on the sidewalks and trails in the winter. There will be increased priority to pedestrian facilities leading to and from schools, and secondarily they will handle the trails and sidewalks in the parks.Most of the time, they should be able to cover both areas in the same days, but after very heavy snowfalls there may be a delay in sidewalks and trails in the parks. Butcher reminded residents that this is a First Reading of the Ordinance, and there will be some changes made to the Ordinance before the Second Reading. She said residents may email or call Council members with their concerns and opinions regarding the Ordinance. Nelson noted this Ordinance would include more trail and sidewalk clearing overall, not less. CITY COUNCIL MINUTES October 2, 2007 Page 5 Dietz noted residents may visit the website by the end of the week to see the responsibilities of property owners for maintaining sidewalks and/or trails near their homes.Mayor Young noted the goal behind this is to increase the overall snow removal process for city residents, and he shares the concern raised by Butcher that they need to put appropriate safeguards in place so the Ordinance will not be punitive to residents unable to clear their sidewalks and/or trails. MOTION: Aho moved, seconded by Butcher, to approve First Reading of an Ordinance Relating to Snow Removal on Sidewalks and Trails. XII.PETITIONS, REQUESTS AND COMMUNICATIONS XIII.APPOINTMENTS XIV.REPORTS A.REPORTS OF COUNCIL MEMBERS Butcher recognized Lyn Jerde of the Sun Current newspaper as this is her last night covering the City Council meetings. Butcher noted she appreciates Jerde's insightful and gifted way of reporting on activities in the City. Lyn Jerde read her new address into the record for those who may want to stay in touch with her: 4526 Hollow Ridge Road, Madison, WI 53704. She thanked the Council and staff for the universal accessibility she has received from past and present elected members and staff. They have been good at responding to and serving as sources for her reporting assignments. Mayor Young advised the Council and community of the passing of Ray Mitchell, the founder and first Chief of the Eden Prairie Fire Department. He also served the school district and retired after 35 years of service as the Director of Buildings and Grounds for the School District. B.REPORT OF CITY MANAGER C.REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1.Dunn Bros./Smith-Douglas-More House Neal provided a report on behalf of Janet Jeremiah, who was not able to attend the meeting. For the Dunn Bros./Smith-Douglas-More House item, new information has been discovered, questions have been asked, and staff recommends delaying any action or significant discussion on that item until the October 16 meeting. Aho noted he has been meeting with members and leaders of the community, and they have been looking at creative options for keeping this house as a community property. One option would be private CITY COUNCIL MINUTES October 2, 2007 Page 6 ownership with a non-profit organization such as the Eden Prairie Foundation running it.They could keep the City from being responsible for managing the property, but they could still maintain the current use of the home. In addition, the Foundation would then have a home for holding their meetings. There will be more details to follow on this topic in the future. Mayor Young agreed with Neal's recommendation to delay significant discussion for a future meeting.Mayor Young reiterated no decision has been made on the Smith-Douglas-More House, and he does not know what decision will be made in the future. The issue arose for the first time about four to five months ago, and Mr. Lindahl said that a new parking lot might be a necessary inducement for the current tenant to renew the lease. Mayor Young would support spending $30,000 to renew the lease with the current tenant.Another month went by, and Mr. Lindahl said a further inducement might be needed for the current tenant to renew the lease. Mayor Young was not sure if he would support that or not. Then they opened the books and discussed possible rent and property tax reductions that may be needed for the current tenant to be in a financial position to be able to renew their lease. During that discussion, they started talking about options beyond renewing the lease.Mayor Young considers it paramount that a good financial decision is made for residents. He wants to make sure that the facts are presented to the Council so a good decision can be made. There may be a point where the rent is so low and demand so high that it may not make sense to renew the lease. They need a lease that would guarantee payment so they can be good stewards of taxpayers' money. They are still looking at options, and no decision has been made at this time. D.REPORT OF PARKS AND RECREATION DIRECTOR 1.Healthcare Reimbursement Contracts Parks & Recreation Director, Jay Lotthammer, presented the Healthcare Reimbursement contract information. He stated this program is a good recruitment tool for the Community Center membership by making membership more affordable. At this time, he proposes the City enter into an agreement with two of the partners (HealthPartners and Medica Health Plans/MRPA), and his intention would be that agreements would be entered into with three other partners in the future. Nelson applauds these types of efforts and approves of the $750 registration fee for the program with Medica Health Plans/MRPA. MOTION: Aho moved, seconded by Butcher, to approve the agreements with HealthPartners Frequent Fitness Program and Medica CITY COUNCIL MINUTES October 2, 2007 Page 7 Health Plans/MRPA insurance to provide an insurance reimbursement opportunity for Community Center members .Motion carried 4-0. 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: Nelson moved, seconded by Butcher ,to adjourn the meeting.Motion carried 4 -0.Mayor Young adjourned the meeting at 7:45 PM. CITY COUNCIL AGENDA DATE: October 16, 2007 SECTION: Consent Agenda DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.A. Community Development/Planning Liberty PlazaJanet Jeremiah Michael Franzen Requested Action Move to: •Approve 2nd Reading of the Ordinance for PUD District Review, Zoning District Change from Rural to Office on 17.31 acres and Zoning District Amendment in the 1-2 District on 30.34 acres; and •Adopt Resolution for Site Plan Review on 17.31; and •Approve the Development Agreement for Liberty Plaza; and Synopsis This is final approval of plans and the Development Agreement for Liberty Plaza which includes •a 128,000 sq. ft. four-story office building •keeping the existing 345,000 square foot building •right-of-way and improvements for Flying Cloud Drive •right-of-way for the future construction of West 70th Street •outlots for light rail station and corridor Background Information The 120-Day Review Period Expires on November 18, 2007. Attachments 1.Ordinance for PUD District Review 2.Summary Ordinance 3.Resolution Site Plan Review 4.Development Agreement LIBERTY PLAZA CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 23-2007-PUD -10-2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1.That the land which is the subject of this Ordinance (hereinafter, the "land ) is legally described in Exhibit A attached hereto and made a part hereof. Section 2.That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the Office Zoning District and that land be amended in the 1-2 District 23-2007-PUD-10-2007 (hereinafter "PUD-10-2007-OFC-I-2 ). Section 3.The land shall be subject to the terms and conditions of that certain Development Agreement dated as of October 16, 2007, entered into between Liberty Property limited partnership, and the City of Eden Prairie, (hereinafter "Development Agreement ). The Development Agreement contains the terms and conditions of PUD-10-2007-OFC-I-2, and are hereby made a part hereof. Section 4.The City Council hereby makes the following findings: A.PUD-10-2007-OFC -I-2 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B.PUD-10-2007-OFC -I-2 is designed in such a manner to form a desirable and unified environment within its own boundaries. C.The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-10-2007-OFC -I-2 are justified by the design of the development described therein. D.PUD-10-2007-OFC -I-2 is of sufficient size, composition, and arrangement that its construction ,marketing ,and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5.The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and placed in the Office Zoning District and the land shall be, and hereby is amended within the 1-2 District and shall be included hereafter in the Planned Unit Development PUD-10-2007-OFC-I-2 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6.The proposal is hereby adopted and shall be included hereafter in the Planned Unit Development 10-2007-OFC-I-2, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 7.City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation and Section 11.99 entitled "Violation a Misdemeanor are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 8.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 4th day of September ,2007, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 16th day of October, 2007. ATTEST: Kathleen A .Porta ,City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on ,2007. EXHIBIT A LIBERTY PLAZA Lot 1 Block 1 Best Buy Addition LIBERTY PLAZA CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 23-2007-PUD -10-2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA ,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary:This ordinance allows rezoning of land located on Flying Cloud Drive from the Rural Zoning District to the Office Zoning District on 17.31 acres and allows amendment of the zoning of land within the 1-2 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date:This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta ,City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on ,2007. (A full copy of the text of this Ordinance is available from City Clerk.) LIBERTY PLAZA CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR LIBERTY PLAZA BY LIBERTY PROPERTY LIMITED PARTNERSHIP WHEREAS ,Liberty Property Limited Partnership ,has applied for Site Plan approval of Liberty Plaza to construct a 128 ,000 square foot office building ,by an Ordinance approved by the City Council on September 4, 2007; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its August 28th, 2007 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its September 4th, 2007 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Liberty property limited partnership based on the Development Agreement between Liberty Property Limited Partnership and the City of Eden Prairie, reviewed and approved by the City Council on October 16th, 2007. ADOPTED by the City Council of the City of Eden Prairie this 16th day of October, 2007. Phil Young, Mayor ATTEST: Kathleen Porta ,City Clerk DEVELOPMENT AGREEMENT LIBERTY PLAZA THIS DEVELOPMENT AGREEMENT ("Agreement) is entered into as of October 16, 2007, by Liberty Property Limited Partnership, a Minnesota limited partnership , hereinafter referred to as "Developer,its successors and assigns ,and the CITY OF EDEN PRAIRIE ,a municipal corporation, hereinafter referred to as "City : WITNESSETH: WHEREAS, Developer has applied to City for Comprehensive Guide Plan Change from Industrial to Office on 17.31 acres, Planned Unit Development Concept Review on 47.65 acres, Planned Unit Development District Review with waivers on 47.65 acres ,Zoning District Amendment within the 1-2 District on 30.34 acres, Zoning District Change from Rural and 1-2 to Office on 17.31 acres, Site Plan Review on 17.31 acres, and Preliminary Plat of 47.65 acres into two lots, one outlot, and road right-of-way, legally described on Exhibit A (the "Property ); NOW, THEREFORE, in consideration of the City adopting Resolution No. for Comprehensive Guide Plan Change, Resolution No.Planned Unit Development Concept Review, Ordinance No.for Planned Unit Development District Review and Zoning District Change from 1-2 to Office and Zoning District Amendment in the 1-2 District , Resolution No.for Site Plan Review, and Resolution No. for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: PLANS:Developer shall develop the Property in conformance with the materials revised and stamp dated September 4, 2007, reviewed and approved by the City Council on September 4, 2007, (hereinafter the "Plans ) and identified on Exhibit B, subject to such changes and modifications as provided herein. 2.DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a reasonable and practical time as determined by the City for the Developer to cure such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. 1 The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 3.DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents.Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 4.EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 5.FUTURE LAND USE: Developer agrees that proposed future land use for the south half of the property shall be a Transit Oriented Development with the following preferred components; •Walkable design with pedestrian as the highest priority. •Light rail station as prominent feature (government-dependent, on public land). •An area containing a mixture of uses in close proximity including office, residential, retail, and civic uses (civic uses government-dependent, on public land). •High density, high-quality development within 10-minute walk circle surrounding light rail station within the Property. •Collector support transit systems (buses ) (government-dependent, on public land). •Designed to include the easy use of non - motorized vehicles as daily support transportation systems. •Reduced and managed parking inside 10-minute walk circle around a light rail station within the Property. The Property may be developed in phases. The Developer may determine based on its own evaluation of market conditions the order in which to develop its improvements on the Property. The City or other responsible governmental entity may determine the time to develop the civic uses on public land referred to above. 6.GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A.FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the 2 release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information, including wetland boundaries, wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. B.STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins, retention basins or Stormwater Infiltration Systems (such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) shall be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss and channelization of flow are not occurring, and thereafter by the Owner of the Property. A Planting Plan for the Stormwater Facilities must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled "State of Minnesota Storm water Manual dated November 2005, the approved final grading plan and the requirements listed herein. In addition, the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. All Stormwater Infiltration Systems shall be delineated with erosion control fencing prior to construction.The Stormwater Infiltration Systems shall be installed using low-impact earth moving equipment.No equipment, vehicles, supplies or other materials shall be allowed in the areas designated for stormwater infiltration during construction.Pervious surfaces shall be stabilized with seed 3 and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment.Removal of sediment in Stormwater Infiltration Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods and only enough sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any turf or vegetation damaged during maintenance of the Stormwater Facilities shall be replaced. After the two year period of Developer maintenance, the Owner of the Property shall be responsible for maintenance of the Stormwater Facilities. This shall include debris and litter removal, removal of noxious and invasive plants, removal of dead and diseased plants, re-mulching of void areas, replanting or reseeding areas where dead or diseased plants were removed and removal of sediment build- up as listed above. C.STORMWATER POLLUTION PREVENTION PLAN (SWPPP ):Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures and best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 7.IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 8.LIGHT RAIL: Proposed Outlots A and B as shown on Exhibit B, shall be reserved for a future light rail transit line and station, and would otherwise be available for development but for this reservation.Nothing in this reservation may be construed to diminish the fair market value of Outlots A and B. The proof of parking plan shown in Exhibit B identifies where parking displaced from Outlots A and B by a future light rail transit line and station may be replaced on Lot 2. Developer agrees that no compensation shall be paid by any public entity, including but not limited to the City, Hennepin County, and Hennepin County Regional Railroad Authority, on account of severance damages including the need to construct a parking deck construction to replace parking displaced by a light rail transit line and/or station.Developer represents that the tenant SUPERVALUE, INC. has no claim under that certain lease between Developer and SUPERVALUE, INC. dated February 26, 2007 for compensation in the event of a taking 4 by negotiation or eminent domain of Outlots A and or B and further that Developer will not in the future grant to SUPERVALU, INC. any such right. 9.LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 330 caliper inches.The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 10.MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and air-conditioning units.The Plans have already satisfied the requirement of the preceding two sentences. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If after construction of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner.The City will not release the security provided until Developer completes all such corrective measures. 11.PROOF OF PARKING PLAN: Developer and City acknowledge that the (number of Maces) proof of parking spaces proposed for the Property, depicted in the Plans and that said spaces are not required to be constructed at this time. At such time as either temporary or permanent West 70th Street improvements or a light rail transit station have been constructed, if the City Planner, in his or her sole discretion, determines that it is necessary for all or a portion of the proof of parking spaces to be constructed in order to accommodate the use, the City Planner shall notify the Developer in writing of the need to construct additional proof of parking spaces. This notification shall include the number, location and timetable for construction of the additional proof- of-parking spaces.Developer shall comply with all requirements contained in the City Planners notification. 5 12.PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Office District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number : A.Exterior materials from 75% face brick ,glass , and natural stone to 40% B.Building height from 30 feet to 60feet. 13.RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto ,prior to issuance of any occupancy permit for the Property. 14.SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit.The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 15.SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property.All pole lighting shall consist of downcast shoebox fixtures not to exceed 30 feet in height.Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 16.TRAVEL DEMAND MANAGEMENT PLAN: Prior to issuance of the building permit for the Property, Developer shall submit to the Traffic Engineer and receive the Traffic Engineer's approval of a Travel Demand Management (TDM) Plan. The Developer shall implement the TDM Plan at the site to help reduce traffic congestion. As part of the TDM Plan the Developer shall construct 4 shower facilities in the building (2 for each gender), which will be available to all employees in the building. Prior to issuance of the building permit for the Property, Developer shall furnish to the Traffic Engineer and receive the Traffic Engineer's approval of a TDM performance bond, cash escrow, letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager (hereinafter referred to as the "Security ) 6 equal to 100% of the cost ($40,000) of implementing the first two (2) years of the TDM Plan. The Developer shall initiate implementation of the TDM Plan, including active marketing to its employees and all building tenants and their employees one (1) month after the Property has achieved a 50% occupancy rate for the total rentable square footage of the Property. In order to enable the City to determine when the Property has achieved the above occupancy rate, the Developer shall provide to the City upon request a Rent Roll certified by the Property manager identifying the current tenants, the number of rentable square feet leased by each tenant; and the total number of rentable square feet in the Property. The Security will be reduced to the Developer on a "draw-down basis, in the following manner: A. The City will consider reduction or release of the Security at the following times: -Upon completion of items associated with plan start up. -After 1 calendar year of TDM plan implementation -After 2 calendar years of TDM plan implementation and completion of the plan evaluation. B.To request a reduction or release of the Security the Developer shall submit to the Traffic Engineer a letter requesting a reduction and a summary of the TDM activities completed to date.A summary of the required information can be obtained for the Traffic Engineer upon request. C.The City shall have 30 business days to review requests for reduction or release of the Security and provide indication of approval or objection to any part of the request. If the Developer fails to implement the TDM plan in accordance with its terms , the City may draw upon the Security in whole or in part to pay the cost of implementation. 17.TREE REPLACEMENT: Tree replacement required are 94 caliper inches. Prior to the issuance of any grading permit for the Property, Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 94 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of any grading permit for the Property, Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150% of the cost of said improvements as required by City Code. 7 Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. 18.WEST 70TH STREET IMPROVEMENTS; The West 70th Street Improvements (hereinafter the "West 70th Project ) include extending West 70th Street as a 3-lane roadway west from its existing termini to Flying Cloud Drive. The West 70th Street Project includes pedestrian facilities on both sides of West 70th Street and a landscaped median.The Developer agrees to the following regarding the West 70th Project: •Right-of-way for West 70th Street shall be dedicated as part of the final plat for the property. The final plat must be recorded prior to the issuance of the building permit for the property.Developer and the City agree that the alignment of the West 70th Street right-of-way may, depicted on the final plat be modified by mutual consent. •A temporary West 70th Street, as shown in Exhibit B, shall be built by the Developer at its expense and completed no later than November 1, 2012. Developer shall be responsible for all maintenance of the temporary roadway until the permanent West 70th Street Project is constructed and open for use by the public.The November 1, 2012 date may be extended only by mutual consent. •The permanent West 70th Street Improvements shall be constructed by November 1, 2015. The November 1, 2015date, and the terms of the Special Assessment Agreement may be extended only by mutual consent. •Prior to the construction of the temporary West 70th Street Project the Developer shall remove all parking from the West 70th Street right-of-way, which interferes with the construction of the temporary improvement.When the City determines to construct the permanent West 70th Street Project it shall give written notice to the Developer to remove all parking from the West 70th Street right-of-way. Upon receipt of such notice from the City, the Developer shall complete the removal of parking by the latter of 90 days from the date of the notice or July 1, 2015. For both the temporary and permanent West 70th Street improvements the Developer shall remove the parking and construct the necessary replacement at its own cost and expense with no reimbursement from the City. •Prior to the release of the final plat for the Property, Developer shall enter into a special assessment agreement ("Special Assessment Agreement ) with the City in substantially the form attached hereto as Exhibit E related to the construction and financing of the West 70th Street Project. The actual final assessment amount for the Special Assessment Agreement shall consist of the actual construction costs and related project expenses including but not limited to the costs of capitalized interest,legal expenses ,engineering services, testing, City administrative costs, and bond placement costs. •Upon mutual agreement of the Developer and the City, the Developer may choose 8 to construct the West 70th Street Project. In such case the Developer chooses to construct the improvements, the Developer shall prepare plans and specifications for the improvements designed to City standards and furnish to the City a surety bond equal to 125% of the cost of the improvements, and pay a permit fee of five percent of the construction value of the improvements. •Further development of the plans for West 70th Street may identify right-of-way needs in addition to those dedicated on the final plat. The Developer shall be responsible for conveying by permanent easement, at no cost to the City, additional right-of-way necessary for minor adjustments to accommodate final design, not to exceed five (5) feet, for the West 70th Street Project at such time as required by the City to construct the West 70th Street Project. In addition, the Developer shall grant to the City, at no cost, temporary construction easements necessary in City's judgment to construct the West 70th Street Project with such temporary easements to be of reasonable scope and for a reasonable term. The Developer shall provide recordable permanent easement documents and temporary easement documents as required by the City within 30 days of request. 19.FLYING CLOUD DRIVE IMPROVEMENTS:The Flying Cloud Drive Improvements include reconstructing Flying Cloud Drive as a 3-lane roadway from south of Shady Oak Road to the south end of the Property.The Flying Cloud Drive Improvements also include an 8 foot trail on the east side of Flying Cloud Drive extending to Shady Oak Road. The Flying Cloud Drive Improvements shown in Exhibit B are conceptual.Modifications to the plans will be required to accommodate the proposed development as well as all future phases of development.The Developer agrees to the following regarding the Flying Cloud Drive Improvements: •Prior to the release of the final plat for the Property and no later than October 19, 2007, Developer shall enter into a special assessment agreement ("Special Assessment Agreement ) with the City in substantially the form attached hereto as Exhibit F related to the construction and financing of the Flying Cloud Drive Improvements. The actual final assessment amount for the Special Assessment Agreement shall consist of the actual construction costs and related project expenses including but not limited to the costs of capitalized interest , legal expenses , engineering services, testing, City administrative fees and bond placement costs •Further development of the plans for Flying Cloud Drive may identify right-of-way needs in addition to those dedicated on the final plat. The Developer shall be responsible for conveying by permanent easement ,all right-of-way adjacent to the property necessary for minor adjustments to accommodate final design, not to exceed five (5) feet, for the Flying Cloud Drive Improvements. In addition, the Developer shall grant to the City, at no cost, temporary construction easements necessary in City's judgment to construct the Flying Cloud Drive Improvements with such temporary easements to be of reasonable scope and for a reasonable term.The Developer shall provide recordable permanent easement 9 documents and temporary easement documents as required by the City within 30 days of request. 20.SPECIAL SERVICES DISTRICT: The Developer agrees to support and participate in a Special Service District encompassing the Golden Triangle Area and City West Parkway for additional future Transportation Improvements to the area. Developer shall file a petition with the City of Eden Prairie in form and substance as attached hereto on Exhibit H and hereby consents to the establishment of a special service district by the City under Minnesota Statutes § 428A.01 to 428A.101. Developer waives all rights to objection, appeal and veto granted under law or in equity including but not limited to the rights granted under Chapter 428A, including but not limited to the right to object under §428A.02, Subd. 4 (1), the right to appeal establishment of the Special Services District under §428A.02, Subd. 5 and the right to veto under §428A.09, Subd 1, or the right to objection to the ordinance establishing the district under §428A.09, Subd. 2.Developer waives all rights to object to the validity of the special service district, the inclusion of the Development Property within the special service district, or the procedures used by the City in establishing the special service district. Developer hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the establishment of the special service district. Developer shall not sell, assign or otherwise transfers all or any portion of the Development Property to a third party unless such third party agrees in writing to be bound by the terms of this paragraph. An advisory board shall be formed by the City which will include the Developer as a member. 21.ENVIRONMENTAL INDEMNITY AND HOLD HARMLESS: Prior to release of the final plat for the Property, the Developer shall enter into the Environmental Indemnity and Hold Harmless Agreement in the form attached as Exhibit G hereto. 22.WETLAND PLAN: Prior to release of the final plat for any portion of the Property, Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan.The approved Wetland Plan shall be consistent with the materials and requirements shown on the Plans and as required by City Code. The Plan shall include the following elements. A.Wetland Delineation ,Wetland Buffer Strip and Wetland Mitigation Evaluation :Developer shall submit to the City a Wetland Buffer Strip Evaluation Report ("Buffer Report ) and the Wetland Mitigation Report ("Mitigation Report ) approved by the Nine Mile Creek Watershed District in accordance with the Wetland Plan and City Code requirements prior to release of the final plat for any portion of the Property. If the Buffer Report identifies any unacceptable vegetation or other conditions, the wetland buffer strip shall be graded, treated, reseeded and/or replanted (thereon known as "Landscaping , or "Landscaped ) by the Developer within 90 days of submission of the Buffer Report. If Landscaping of the wetland buffer strip is required, the Developer shall submit a signed statement by a qualified wetland consultant, as determined by the City Manager, stating that the wetland 10 buffer strip vegetation complies with all City requirements within 30 days of completion of the Landscaping of the wetland buffer strip. B.Annual Wetland and Wetland Buffer Strip Evaluation :Prior to release of the final plat for any portion of the Property, Developer shall submit a signed contract with a qualified wetland consultant, as determined by the City Manager and/or designee, for preparation of an Annual Wetland,Wetland Buffer Strip and Wetland Mitigation Evaluation Report (Annual Buffer Report) that evaluates the condition of the wetland(s) and wetland buffer strip(s) and to determine if they are in compliance with all City requirements.The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified within the wetland(s) and/or wetland buffer strip(s). The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which construction of the wetland and/or wetland buffer strip is commenced.Thereafter, this report shall be submitted annually until two full growing seasons following completion of the development have passed, at which point a final Annual Report shall be submitted. The final Annual Buffer Report shall be submitted two full growing seasons following completion of the development and shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the wetland(s) and/or wetland buffer strip(s) remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or final Annual Buffer Report, the Developer shall correct the area(s) identified within 90 days of submission of the Annual Buffer Report. C.Conservation Easement :Prior to release of the final plat for the Property, Developer shall submit a Conservation Easement attached as Exhibit D, for review and written approval by the Environmental Coordinator, for the area delineated on the Plans. This must include all wetlands, wetland mitigation areas and wetland buffer strips. The Conservation Easement document must include provisions for removal and/or improvement and maintenance of the existing trail and boardwalk trail system through areas which would be placed within a Conservation Easement. The Conservation Easement document must include provisions that the trail would be subject to the following restrictions: •No wider than eight (8) feet •May have up to a 2 foot maintenance strip on either side of the path •May include mowed grass •No removal of significant trees •No side rails, unless required by building code •May be covered in wood chips where the trail does not cross a wetland area, but it must not improved with any other material 11 •Raised boardwalk trails are required where the trail crosses a wetland area •Boardwalk trails within wetland areas shall be a minimum of 6 inches above the ground Board walk trails must be constructed of composite, treated lumber, plastic or cedar. Post and beam sizing and spacing shall be as required by building code After approval by the City, Developer shall file the Conservation Easement with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the first building permit for the Property, Developer shall submit to the Environmental Coordinator proof that the Conservation Easement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. D.Wetland Buffer Strip Monuments :Prior to release of the first building permit for any portion of the Property, and prior to recording of any document affecting the property, including any mortgage granted by the Developer or owners, their successors and/or assigns,Developer shall install all wetland buffer strip monuments for the property.Wetland buffer strip monument locations shall be shown on the final grading plan and final plat. The post shall be a fiberglass reinforced composite post with a maximum size of 4 inch by 4 inch (4 x 4 ) that states "Wetland Buffer:No Mowing Allowed . The post shall be mounted to a height of a minimum of four feet above grade set at least 42 inches in the ground. The bottom of the post must be fitted with an anchor attachment that would expand upon attempted removal. Removal of the wetland buffer strip monuments is prohibited. E.Wetland Performance Bond :Prior to release of the final plat for any portion of the Property, Developer shall furnish to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan performance bond, cash escrow, or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager (hereinafter referred to as the "Security ) equal to 150% of the cost, as estimated by the City Manager, of completing said Wetland Plan requirements and/or Landscaping as depicted on the Plans and as required by City Code. Said Security shall cover costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development. If the Developer fails to implement the Wetland Plan in accordance with its terms, the City may draw upon the Security in whole or in part to pay the cost of implementation. 23.STREET LIGHTING FEE: Developer shall be responsible for the street lighting fee referred to in paragraph VIII of Exhibit C hereto only for West 70th Street. 12 24.TENANT SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Tenant's Consent to Development Agreement is attached hereto and made a part hereof as Exhibit I. 13 IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER:LIBERTY PROPERTY LIMITED PARTNERSHIP a Pennsylvania limited partnership BY:Liberty Property Trust, a Maryland real estate Investment trust, Its General Partner By: David M. Jellison, Vice President, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2007, by David M. Jellison, the Vice President and City Manager of Liberty Property Trust, a Maryland real estate investment trust, the General Partner for Liberty Property Limited Partnership, a Pennsylvania limited partnership, on behalf of the limited partnership. Notary Public 14 CITY:CITY OF EDEN PRAIRIE By Phil Young Its Mayor By Scott H. Neal Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2007, by Phil Young and Scott H. Neal, respectively the Mayor and the City Manager 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 ,MN 55344 15 EXHIBIT A DEVELOPMENT AGREEMENT - LIBERTY PLAZA Legal Description before Final Plat Lot 1 Block 1 Best Buy Addition Legal Description after Final Plat Lot 1 and 2 Block 2, Outlots, A, B, and C, Liberty Plaza EXHIBIT B DEVELOPMENT AGREEMENT LIBERTY PLAZA City PUD & Site Plan Review cover 8/30/07 Existing Land Use 7/20/07 Proposed Land Use & Zoning Changes 7/20/07 Existing Conditions & Removal Plan 7/20/07 Significant Tree Inventory 7/20/07 Existing Tree Inventory 8/03/07 PUD Site Plan 8/03/07 Proof of Parking 8/24/07 Site Plan 8/03/07 PUD Grading Plan 8/03/07 Grading, Drainage & Erosion Control Plan 8/14/07 PUD Utility Plan 8/03/07 Utility Plan 8/03/07 Flying Cloud Drive Improvements 8/03/07 Flying Cloud Drive Drainage 8/03/07 Landscape and Tree Replacement Plan 8/03/07 Landscape Plan Details 7/30/07 Wetland Impact/Mitigation Plan 7/30/07 Details 7/20/07 Storm Water Pollution Prevention Plan Narrative 7/20/07 Storm Water Pollution Prevention Plan Drainage Areas 8/03/07 Conservation Easements 8/03/07 Preliminary Plat 8/03/07 Guide Plan Change & Rezoning Sketch 7/20/07 Infiltration Plan 8/23/07 Floor Plans A 7/19/07 Parking Deck A Plans 7/19/07 Exterior Elevations A 7/19/07 Parking Deck A Elevations 7/19/07 West 79th Street Improvements 9/21/07 EXHIBIT C DEVELOPMENT AGREEMENT - LIBERTY PLAZA I.Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. II.Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval.Developer shall follow all rules and recommendations of said Watershed District. III.If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer ,for itself,its successors ,and assigns, shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. IV.Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. V.The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VI.Developer represents that it has marketable fee title to the Property, except: Lease between Liberty Property Limited Partnership as Landlord to SUPERVALU, INC. as Tenant dated February 26, 2007. With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property ), Developer represents and warrants as follows now and at the time of dedication or conveyance: A.That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. B.That Developer has not used, employed, deposited, stored, disposed of, placed or C-1 otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et.seq.(such substances,wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances ); C.That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have, in or on the Dedicated Property, any Hazardous Substances. D.To the Developer's knowledge, no independent inquiry having been undertaken, that no previous owner, operator or possessor of the Dedicated Property deposited, stored, disposed of, placed or otherwise allowed in or on the Dedicated Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns ,against any and all loss ,costs ,damage and expense ,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees,agents, contractors or representatives. VII.Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. VIII.Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years' street lighting on the public streets adjacent to the Property (including installation costs , if any, as determined by electrical power provider), engineering review, and street signs. IX.Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. X.Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special ,unique, and of an extraordinary character, and that ,in the event that Developer violates, or fails ,or refuses to perform any covenant, condition ,or provision made herein ,City may be without an adequate remedy at law. Developer agrees ,therefore ,that in the event Developer violates, fails ,or refuses to perform any covenant ,condition ,or provision made herein ,City may,at its option, institute and prosecute an action to specifically enforce such covenant ,withhold building permits or rescind or revoke any approvals granted by the City.No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy.The election of anyone or more remedies shall not constitute a waiver of any other remedy. XI.Developer shall, prior to the commencement of any improvements, provide written notice to Comcast Cable, the franchisee under the City's Cable Communication Ordinance 52- 96 of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, Comcast, 10 River Park Plaza, St. Paul, MN 55107. XII.Prior to building permit issuance ,all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge ,metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication .Contact Metropolitan Waste Control to determine the number of SAC units. XII.Prior to building permit issuance, except as otherwise authorized in this Agreement or in the approved Plans, existing structures, walls and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XIII.Prior to building permit issuance, provide two copies of an approved survey or site plan (1 = 200 scale )showing proposed building location and all proposed streets, with approved street names ,lot arrangements and property lines. XIV.The City shall not issue any building permit for the construction of any building, structure ,or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XV.No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVI.Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 %2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie , will be affixed to the top of the post. XVII.Within 10 days of the approval of the Development Agreement, the Developer shall record the Development Agreement at the County Recorder and / or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XVIII. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security ) is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure.The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XIX.The Developer hereby grants the City,it's agents ,employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XX.This Agreement is a contract agreement between the City and the Developer.No provision of this Agreement inures to the benefit of any third person, including the public at large ,so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. EXHIBIT A Legal Description before Final Plat Lot 1 Block 1 Best Buy Addition Legal Description after Final Plat Lot 1 and 2 Block 2, Outlots, A, B, and C, Liberty Plaza EXHIBIT D DEVELOPMENT AGREEMENT - LIBERTY PLAZA CONSERVATION/SCENIC EASEMENT THIS EASEMENT AGREEMENT is made this day of ,2007 by and between ,a Minnesota Company ,hereinafter referred to as "Grantor,and the CITY OF EDEN PRAIRIE,a Minnesota municipal corporation ,hereinafter referred to as "City ; WHEREAS, Grantor is the fee owner of land located in Hennepin County, Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred to as "the Property ; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except:Encumbrances detailed on Commonwealth Land Title Insurance Company, Owner's Policy for Title Insurance, Policy No. 213962, and on Torrens Certificate No. 1201030. WHEREAS, Grantor and City wish to enter into an agreement which will grant to the City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation, and to prohibit certain destructive acts thereon, over that portion of the Property as described in Exhibit B, hereinafter referred to as the "Easement Area , attached hereto; NOW, THEREFORE, in consideration of the premises contained herein, it is agreed by the parties as follows: 1.Grantor hereby conveys to City and its successors and assigns a conservation and scenic easement in, under, on, and over the "Easement Area , and City hereby accepts such conveyance. 2.The following terms and conditions shall apply to the Easement Area: A.The Easement Area shall be preserved predominantly in its natural condition.No trees, shrubs or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City.The City will consider removal of noxious weeds, as defined by Minnesota Statutes Sections 18.76-18.88, upon submission and approval of a Vegetation Management Plan.No vegetation cutting, fertilizer application or placement of turfgrass, such as Kentucky bluegrass, shall occur within the Easement Area. B.Wetland buffer monuments must be placed at the boundaries of the wetland buffer strip as shown on Exhibit C. Removal of the wetland buffer strip monuments is not allowed. C.No building, road,sign ,billboard, utility, or other structures shall be placed in the Easement Area without the prior written consent of City. D.No trash, waste ,or other offensive material, soil, or landfill shall be placed upon or within the Easement Area without the prior written consent of the City. E.No change in the general topography of the Easement Area landscape, including, but not limited, to excavation, dredging,movement, and removal or placement of soil, shall be allowed within the Easement Area without the prior written consent of the City. F.Grantor may,no more than once per calendar year ,remove sediment caused by stormwater drainage into a stormwater ponding area.Any removal of sediment must be pre-approved in writing by the City and be in accordance with City and Wetland Conservation Act guidelines. Landscaping must be replaced in accordance with the requirements outlined in this Conservation Easement. 3.With respect to the Easement Area, Grantor represents and warrants as follows: A.Except as described in the second "Whereas clause, that Grantor has marketable title free and clear of all liens, encumbrances and mortgages. B.That Grantor has not used ,employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Easement Area, any hazardous substance,hazardous waste,pollutant,or contaminant, including ,but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq.,or Minn. Stat.,Sec. 115B .01, et. seq. (such substances, wastes, pollutants ,and contaminants hereafter referred to as "Hazardous Substances ); C.That Grantor has not allowed any other person to use, employ ,deposit, store ,dispose of,place or otherwise have ,in or on the Easement Area, any Hazardous Substances; D.That no previous owner, operator or possessor of the easement area, deposited, stored, disposed of, placed, or otherwise allowed in or on the Easement Area any Hazardous Substances; Grantor agrees to indemnify, defend and hold harmless City, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein. D-2 4.Grantor agrees to maintain the Easement Area subject to the provisions stated herein. 5.The duration of this easement is perpetual and shall bind and inure to the benefit of the parties, their successors, and assigns. 6.Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. 7.Provisions of this Easement shall be binding upon and enforceable against the Property and the Grantor, their successors and assigns of the Property. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. GRANTOR:LIBERTY PROPERTY LIMITED PARTNERSHIP a Pennsylvania limited partnership BY:Liberty Property Trust, a Maryland real estate Investment trust, Its General Partner By:NOT TO BE SIGNED David M. Jellison, Vice President, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2007, by David M. Jellison, the Vice President and City Manager of Liberty Property Trust, a Maryland real estate investment trust, the General Partner for Liberty Property Limited Partnership, a Pennsylvania limited partnership, on behalf of the limited partnership. Notary Public CITY STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY OF EDEN PRAIRIE By NOT TO BE SIGNED Phil Young Its Mayor By NOT TO BE SIGNED Scott H. Neal Its City Manager The foregoing instrument was acknowledged before me this day of , 2007, by Phil Young and Scott H. Neal, respectively the Mayor and the City Manager 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 ,MN 55344 EXHIBIT A "THE PROPERTY" Legal Description before Final Plat Lot 1 Block 1 Best Buy Addition Legal Description after Final Plat Lot 1 and 2 Block 2, Outlots, A, B, and C, Liberty Plaza EXHIBIT B "EASEMENT AREA" Legal Description After Final Plat EXHIBIT C "EASEMENT AREA" DIAGRAM EXHIBIT E DEVELOPMENT AGREEMENT - LIBERTYPLAZA AGREEMENT REGARDING SPECIAL ASSESSMENTS West 70th Street THIS IS AN AGREEMENT MADE THIS day of , 2007,between the City of Eden Prairie ,a municipal corporation , (the "City ) and a Minnesota (the "Owner ). A.The Owner holds legal and equitable title to property described as ,Hennepin County,Minnesota,which property is the subject of this Agreement and is hereinafter referred to as the "Property . B.The Owner desires to develop the property in such a manner that requires the construction of West 70th Street (hereafter referred to as the "Improvement ). The costs of the Improvement shall consist of the actual construction costs, and related project expenses including but not limited to, the costs of capitalized interest, legal expenses, engineering services, testing, City administrative fees and bond placement costs (hereinafter the "costs of the Improvements ). C.The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1.The Owner consents to the levying of assessments against the Property in the amount of $1,850,000.00 for the costs of the Improvements. The assessment shall be levied over a period of 15 years. 2.The City's assessment records for the Property will show the assessments as a "pending assessment until levied. 3.The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4.The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. So long as the assessments do not exceed $1,850,000.00, the Owner waives all rights it has by virtue E-1 of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments ,or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 5.This Agreement shall be effective immediately. 6.This Agreement may not be terminated or amended except in writing executed by both parties hereto, provided however upon the levying of the special assessments contemplated by Paragraph 1 hereof the City may upon request of the owner of the property affected, without the necessity of further City Council approval, unilaterally prepare and provide to the owner for recording a document releasing any property so levied from this Agreement. 7.This Agreement shall be binding upon and run with the Property and constitute an encumbrance on the Property in the amount of $1,850,000.00 until such time as the assessments referred to above are levied. 8.Pre-payment of the special assessments shall be allowed subject to the Owner paying in addition thereto all costs the City may incur for early payment of the bonds or other financing mechanisms used by the City to finance the construction of the Improvements. OWNER A Minnesota STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY OF EDEN PRAIRIE A Minnesota Municipal Corporation a Pennsylvania limited partnership BY:Liberty Property Trust, a Maryland real estate Investment trust, Its General Partner By:NOT TO BE SIGNED David M. Jellison, Vice President, City Manager The foregoing instrument was acknowledged before me this day of , 2007, by David M. Jellison, the Vice President and City Manager of Liberty Property Trust, a Maryland real estate investment trust, the General Partner for Liberty Property Limited Partnership, a Pennsylvania limited partnership, on behalf of the limited partnership. Notary Public CITY STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY OF EDEN PRAIRIE By:NOT TO BE SIGNED Phil Young Its Mayor By:NOT TO BE SIGNED Scott H. Neal, Its City Manager The foregoing instrument was acknowledged before me this day of 2007, by Phil Young, the Mayor, and Scott H. Neal, the City Manager, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie ,MN 55344 EXHIBIT F DEVELOPMENT AGREEMENT - LIBERTYPLAZA AGREEMENT REGARDING SPECIAL ASSESSMENTS FLYING CLOUD DRIVE THIS IS AN AGREEMENT MADE THIS day of ,2007,between the City of Eden Prairie ,a municipal corporation , (the "City ) and ,a Minnesota (the "Owner ). A.The Owner holds legal and equitable title to property described as ,Hennepin County,Minnesota,which property is the subject of this Agreement and is hereinafter referred to as the "Property . B.The Owner desires to develop the property in such a manner that requires the reconstruction of Flying Cloud Drive south of Shady Oak Road to the south end of the Property (hereafter referred to as the "Improvement ). The costs of the Improvement shall consist of the actual construction costs, and related project expenses including but not limited to, the costs of capitalized interest, legal expenses, engineering services, testing, City administrative fees and bond placement costs (hereinafter the "costs of the Improvements ). C.The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1.The Owner consents to the levying of assessments against the Property in the amount of $2,330,000.00 for the costs of the Improvements. The assessment shall be levied over a period of 15 years. 2.The City 's assessment records for the Property will show the assessments as a "pending assessment until levied. 3.The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4.The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. So long as the assessments do not exceed $2,330,000.00, the Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the F-1 assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City,its officers, agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 5.This Agreement shall be effective immediately. 6.This Agreement may not be terminated or amended except in writing executed by both parties hereto, provided however upon the levying of the special assessments contemplated by Paragraph 1 hereof the City may upon request of the owner of the property affected, without the necessity of further City Council approval, unilaterally prepare and provide to the owner for recording a document releasing any property so levied from this Agreement. 7.This Agreement shall be binding upon and run with the Property and constitutes an encumbrance on the Property in the amount of $2,330,000.00 until such time as the assessments referred to above are levied. 8.Pre-payment of the special assessments shall be allowed subject to the Owner paying in addition thereto all costs the City may incur for early payment of the bonds or other financing mechanisms used by the City to finance the construction of the Improvements. OWNER LIBERTY PROPERTY LIMITED PARTNERSHIP a Pennsylvania limited partnership BY:Liberty Property Trust, a Maryland real estate Investment trust, Its General Partner By:NOT TO BE SIGNED David M. Jellison, Vice President, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2007, by David M. Jellison, the Vice President and City Manager of Liberty Property Trust, a Maryland real estate investment trust, the General Partner for Liberty Property Limited Partnership, a Pennsylvania limited partnership, on behalf of the limited partnership. Notary Public CITY: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY OF EDEN PRAIRIE By:NOT TO BE SIGNED Phil Young Its Mayor By:NOT TO BE SIGNED Scott H. Neal, Its City Manager The foregoing instrument was acknowledged before me this day of 2007, by Phil Young, the Mayor, and Scott H. Neal, the City Manager, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie ,MN 55344 EXHIBIT G DEVELOPMENT AGREEMENT - LIBERTYPLAZA ENVIRONMENTAL INDEMNITY AND HOLD HARMLESS AGREEMENT THIS AGREEMENT,made and executed as of this day of October, 2007, by Liberty Property Limited Partnership, a Minnesota limited partnership (hereinafter the "Developer, to and for the benefit of City of Eden Prairie ,a Minnesota municipal corporation (hereinafter "City ). PRELIMINARY STATEMENT OF FACTS i)The City and Developer are entering into a Development Agreement for 47.65 acres of land legally described on Exhibit A hereto (hereinafter the "Development Agreement ). ii)Pursuant to the Development Agreement the Developer is required to convey and or dedicate certain land to the City. The 47.65 acres of land and the land to be conveyed and or dedicated to the City is hereinafter collectively referred to as the "Property. iii)City requires as a condition to granting the approvals identified in the Development Agreement that the Developer defend and indemnify the City against any claim or award for any loss, costs, expense, or damage to any person or property, including reasonable attorney's fees, sustained as a result of there being used on or in, or located on, in or about the Property or in or about any property conveyed or dedicated to City, any Hazardous Materials as defined herein. NOW, THEREFORE, IN CONSIDERATION OF THE MAKING OF THE DEVELOPMENT AGREEMENT and in order to induce City to grant the approvals identified in the Development Agreement ,the Developer covenants and agrees with the City as follows: 1 The Developer shall defend an indemnify and hold harmless the City, its officers, directors, employees and agents ,from and against any and all claims,losses, liabilities (including without limitation strict liability),suits ,obligations, fines, damages, judgments, injuries, administrative orders, consent agreements and orders, penalties, actions, causes of action, charges, costs and expenses , including without limitation attorney's fees and consultant's fees ("Indemnified Loss ) (i) arising out of the inclusion in or on the Property of any materials containing asbestos, urea formaldehyde or polychlorinated biphenyls or the presence on, the release from, the generation, manufacture, refining, treatment, storage, handling or disposal on, in or from the Property of any pollutant or other toxic or hazardous waste, or substance regulated, prohibited, restricted or controlled by any applicable federal, state, county or local statutes, laws, regulations ,rules, ordinances, or codes relating to environmental matters or any substance or material on the Property determined by duly constituted authority to be capable of G-1 posing a risk to health and safety of persons ("Hazardous Materials"), including by way of illustration and not by way of limitation, the Clean Air Act, the Federal Water Pollution Control Act of 1972, the Resource Conservation and Recovery Act of 1976, the Comprehensive Environmental Response Compensation and Liability Act of 1980, the Super Fund Reauthorization and Amendment Act of 1986, and the Toxic Substances Control Act and any amendments or extensions thereof and any rules, regulations, standards or guidelines issued pursuant to any of the aforesaid and all other applicable environmental standards or requirements (collectively "Environmental Laws ); or (ii) arising out of the transportation, discharge or removal from the Property of any Hazardous Material; or (iii) arising out of the inclusion in any product manufactured on the Property of a Hazardous Material; or (iv) arising out of the failure to perform the removal or abatement of or to institute a safe, effective and environmentally approved control plan for any Hazardous Materials or the replacement or removal of any soil, water, surface water, or ground water containing Hazardous Materials in accordance with Environmental Laws; or (v) arising out of any violation or claim of violation of Environmental Laws by any third party with respect to the Property (herein the "Indemnified Acts ). 2.This Indemnity shall be deemed continuing and running with the Property for the benefit of the City,and any successors and assigns of the City, including any transferee of the title of the City and shall survive any acquisition of title by City. 3.The agreements contained herein are unconditional and absolute and shall be a personal monetary obligation of the Developer notwithstanding any provisions of the Development Agreement to the contrary that limit or exculpate the personal liability of the Developer and/or require the City to look solely to the security of the Property and shall be cumulative and in addition to the rights and remedies contained therein. 4.No waiver, amendment, release or modification of this Agreement or the obligations herein shall exculpate the Developer from the obligations hereunder nor shall the same be established by conduct, custom or course of dealing, but only by an instrument in writing duly executed by the City. 5.This Agreement is executed in order to induce the City to make enter into the Development Agreement and grant the approval identified in the Development Agreement with the intent that it be relied upon by the City in granting the approvals and entering into the Development Agreement and with the knowledge that the City would not do so but for this Agreement. 6.The City shall be entitled to select counsel of its own choice in any proceeding or action involving an Indemnified Act, the reasonable fees and expenses of which shall be part of the Indemnity contained in this Agreement. 7.The Indemnified Acts for which City is indemnified hereunder shall be reimbursable to City as incurred without any requirement of waiting for the ultimate outcome of any litigation, claim, or other proceeding, and the Developer G-2 shall make payment for the same to the City as incurred within thirty (30) days after notice from City itemizing the amounts incurred to the date of such notice. 8.The Developer acknowledge and agree that its obligations hereunder are totally independent of and unaffected by the terms of any Development Agreement or other writing or agreement, and the Developer specifically forever waive any and all claims and defenses to the contrary. 9.This Agreement is delivered in and made in and is executed with respect to and shall in all respects be construed pursuant to and governed by the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. LIBERTY PROPERTY LIMITED PARTNERSHIP a Pennsylvania limited partnership BY:Liberty Property Trust, a Maryland real estate Investment trust, Its General Partner By:NOT TO BE SIGNED David M. Jellison, Vice President, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2007, by David M. Jellison, the Vice President and City Manager of Liberty Property Trust, a Maryland real estate investment trust, the General Partner for Liberty Property Limited Partnership, a Pennsylvania limited partnership, on behalf of the limited partnership. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie ,MN 55344 EXHIBIT A Environmental Indemnity and Hold Harmless Agreement - LIBERTY PLAZA Legal Description before Final Plat Lot 1 Block 1 Best Buy Addition Legal Description after Final Plat Lot 1 and 2 Block 2, Outlots, A, B, and C, Liberty Plaza EXHIBIT H DEVELOPMENT AGREEMENT - LIBERTYPLAZA PETITION Liberty Property Limited Partnership, a Minnesota limited partnership hereby requests that the City of Eden Prairie ,under Minnesota Statutes §428.08 ,as follows: That the City hold a public hearing on the adoption of an ordinance to establish a special service district which includes the Development Property; That the City hold a public hearing on the imposition of a service charge based on net tax capacity to be imposed upon the Development Property; and That the City hold a public hearing on the imposition of a service charge other than one based on net tax capacity to be imposed upon the Development Property. OWNER LIBERTY PROPERTY LIMITED PARTNERSHIP a Pennsylvania limited partnership BY:Liberty Property Trust, a Maryland real estate Investment trust, Its General Partner By:NOT TO BE SIGNED David M. Jellison, Vice President, City Manager 4256600_2.DOC EXHIBIT I DEVELOPMENT AGREEMENT - LIBERTYPLAZA CONSENT TO DEVELOPMENT AGREEMENT The undersigned is the Lessee under that certain Lease dated February 26, 2007 embracing the property described as Lot 1, Block 1, Best Buy Addition, County of Hennepin, State of Minnesota. The undersigned does hereby consent to the above Development Agreement and agrees to be bound by the same. The undersigned acknowledges that it has now no claim and will not in the future assert a claim for compensation in the event of a taking by negotiation or eminent domain of Outlots A and or B. In testimony thereof, the undersigned has hereunto executed this instrument this day of October, 2007. SUPERVALU, INC. a corporation organized and existing under the laws of the State of By: Title: STATE OF MINNESOTA COUNTY OF ) ) ss. The foregoing instrument was acknowledged before me this day of October _, 2007 by the of SUPERVALU, INC., a corporation organized and existing under the laws of the State of Notary Public P:\Home\EP\COMMUNITY DEV\DAs\Liberty Property\Dev Agreement 2007 10 11) rfr Clean.DOC 1-2 CITY COUNCIL AGENDA DATE: SECTION:Consent Calendar October 16, 2007 DEPARTMENT /DIVISION :ITEM DESCRIPTION:ITEM NO.: VIII.B. Randy L. Slick Final Plat Approval of Timber Lakes 2nd Public Works /Engineering Addition Requested Action Move to:Adopt the resolution approving the final plat Timber Lakes 2nd Addition. Synopsis This proposal is for the plat located at 8008 - 8011 Island Road. The plat consists of re-platting four single-family lots within the Timber Lakes neighborhood. The re-platting of these lots will correct several surveying errors which occurred in 1986 when the house on lot 10 was initially staked and encroached into the side yard easement.A public hearing for the vacation of the underlying drainage and utility easements is scheduled for November 13, 2007. Background Information This proposal falls under the guideline for a "simple subdivision as defined within the City Code. Approval of the final plat is subject to the following conditions: •Prior to the release of the final plat, Developer shall provide to the City a current title insurance policy. •Complete the vacation of the underlying drainage and utility easements. Attachments •Resolution •Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION APPROVING FINAL PLAT OF TIMBER LAKES 2D ADDITION WHEREAS, the plat of Timber Lakes 2nd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS ,said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE ,BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Timber Lakes 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated October 16, 2007. B.That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. C.That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on October 16, 2007. Phil Young, Mayor ATTEST:SEAL Kathleen Porta ,City Clerk TIMBER LAKES 2ND ADDITION wife, fee ners of ;neKNOW A T HESE PRESENTS That Paul A.Wellman a K Larson, husband and ow following debard properly shoaled in the [doily of Heine -d ,State of Minnesota, to wit Ldi B Block 4 TIMBER LAKES III J.Haas antl Sarah L Nordstrom M1.11and and -1 ee owners dl the following d -crib d property std.ted In the CountydieHennapln,State df Minnesota ;d wit Lot 9, Block 4 TIMBER LAKES And Raymond H Re, a g p son fee owner of the fallowing described property ai d-d In the County of Hennepin, State df Min nesota, L. It: Ldt 10, Block 4, TIMBER LAKES Ald es M. Nehl Intl Cheryl L Nhl, M1osbantl antl wile, lee owners of ;be following described property situated in the County of Ndih_p n State of Minnesota ,to wit Lot 11 Block 4, TIMBER LAKES 1111 tl the same to be surveyed and pl ar aTIMBER LAKES 2ND ADDITION antl do M1ereby donate and dedicate to iM1e pubpc mr pub' d use forever the ___d L, rdr amge and IIty -p- as shown do this plt In witness whereof bald Paul A Wellman antl Debra K. Larson ,M1 -band and wife have --nt. set their hands this day of Paul A Wellman Debra K. Larson ATE OF MINNESOTA COUNTY OF regoing In acknowletlgetl before me in day o _by Paul A. Wellman and Debra K.--h mhosbantl antl wife Notary Public Mlnnesd;a y Om -did E,r-_ e- s -Iildf said Frederick J Haas and Sarah L db-t Om M1osantl antl woe. nave --ti, sal their hands this day df 200_. Frederick J. Haas Sarah L. Nordstrom STATE OF MINNESOTA COUNTY OF Thd ore9o119 In edged before me iM1 day of antl Saran L Nortlsromnth-band antllH. tart' Publl I MlnneaoVe by Cd mml ssidn E p -_ by Frederick J Haas In witness whereof bald Raymond H.Rice,a single person nab hereunto set nib hand this day of 200 "Y' ,it H Rice STA TE OF MINNESOTA COUNTY OF The loregding Instrument was acknowledged before me [nls y of a single person. MY Cdhi-id OnExp,,. _M ,200_ by Raym oOd H Rice Ia -the.. whereof said James M Nehl and Cheryl L Nehl, lb-band and wire nave --ht. set their Hands this day Of 200 C y STATE OF MINNESOTA NeM1I COUNTY OF The foregoing ns; um n wa acknowletlgetl before me 1M1 y antl CM1eryl L Ne , husband end wife. Notary Public,Minnesota My commission Eplres hereby certify th,tI h d -d platted o ectly supervised the survey antl plat prdpart- df the properly described on this pia; as TIMBER TAKES 2N rAOD veye TION Thal this is a co representation of 1M1e boundary sur v ey I NA all mall amatica l ith ata esignaletl o e plat ',1M1 platr all m [depicted on the plat have been o ill e co ectly se winAbI1 ar asai ndicatedlo p l bt,II water boun daries antl wet lands as defined in MS 505.01, Subtl. 3 ethong as of the datene ye of ibis _h f,calion are shown add la listbeled do the plat ;;bat all public ways are shown and labeled on the plat Jeffrey D ndgen, L -d Surveyor Minnesota License Number 14376 STATE OF MINNESOTA COUNTY OF DAKOTA T h. foregoing urveydra certificate was acknowletlgetl before me Old,day bf by Jeffrey D Lidgren, Land Surveyor My Commis h Fes January 31 2010 EDEN PRAIRIE, MINNESOTA DDI TI approved hit accepted by iM1e CNy Council of Etlen Prai e ,ri Minnesota el a regular tilgl t - FheldAO Stn aD A dayw s of If appll cable I entlatio ns df the CKTI-d 991 of Tr a nspdrlation Intl the County Highway Engineer have bemire veld bycthe crly or the cribetl 30 day peri dd h elapsed without receipt of such Ad-d- antl re cdmmentlali dns ,as rov-d by Minnesota Statutes, Section 505 03, Subdivision 2 CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA Mayor B y pager TAXPAYER SERVICES DEPARTMENT ,HENNEPIN COUNTY, MINNESOTA I hereby certify that lazes payable in hd prior years have been paid m full for all land described on this plat Dated t _ tlav of 2011 Jill L Alverspn Hennepin County Auditor By Deputy SURVEY DIVISION ,HENNEPIN COUNTY,MINNESOTA Pursuant I. MINN .STAT Sec 3830.565 (1969), this plat has been approved ibis day Df Witham P.Brown .Hennepin COUnly Surveyor By: REGISTRAR OF TITLES, HENNEPIN COUNTY,MINNESOTA I nereby ce; y at U.KES 2ND ADDITION was filed !or record in t- office iM1 y of, 200_ t d^clock LAM Mmhael H C.-N, Registrar of Titles Deputy R.T.DOC. NO. HEDLUND PLANNING ENG/NEERLNG SURY£YLNG SHEET 1 OF 2 SHEETS TIMBER LAKES 2ND ADDITION / N47°39'47"E 15.73 R.T.DOC. NO. Bearings shown are on on assumed Datum en 1/2 inch by 14 Inch ron pipe monument found. O Denotes 1/2 Inch by 14 Inch Iron pipe ---t set and marked by License Nom 14376. HEDLUND MITCHELL LAKE Bench Mark:Sanitary Manhole in --de-sac - 887.30 feet. N.G.V.D. 1929 Water Elevation on June 30, 2006 - 871.4 feat Highest Known Water Elevation on October 21. 1986 = 874.0 feet Edge of Water ca located June 30, 2006-= / Scale Being 5 feet in width and edJsining lot Imes ana 10 feet In width and adpining sheet Imes as shown on the plat. Feet PLANN/NG ENGINEERING SURkEMG SHEET 2 OF 2 SHEETS CITY COUNCIL AGENDA DATE: SECTION:Consent Calendar October 16, 2007 DEPARTMENT/DIVISION:ITEM DESCRIPTION: I.C. 07-5706 ITEM NO.: VIII.C. Randy Newton Approve LED Conversion Program Public Works / Engineering Agreement No. PW 46-49-07 with Hennepin County Requested Action Move to:Adopt resolution approving LED Conversion Program Agreement No. PW 46-49- 07 with Hennepin County Synopsis The LED Conversion Project will convert eight (8) Hennepin County owned traffic signals from incandescent traffic signal indications to light emitting diode (LED) indications.With the anticipated energy saving the payback period for this project is expected to be three to four years. Background Information The LED Conversion Project with Hennepin County will convert eight (8) Hennepin County owned traffic signals from incandescent traffic signal indications to light emitting diode (LED) indications. In addition the pedestrian signal heads will be changed to Pedestrian Countdown Timers at the Eden Prairie Road (County Road 4) / Edenwood Drive intersection. The project is expected to be completed in either late 2007 or early 2008 with the City being responsible for approximately half of costs.The project is anticipated to be eligible for Xcel Energy rebates which will be applied to the costs of the project.With the anticipated energy saving the payback period for this project is expected to be three to four years. Over the past ten years the City has converted the majority of the traffic signals in Eden Prairie from incandescent traffic signal indications to LED traffic signal indications. The proposed LED Conversion Project along with the upcoming construction to Pioneer Trail (County Road 1) will complete the conversion of almost all of the remaining traffic signals in Eden Prairie.The conversion of the traffic signals from incandescent indications to LED indications provides a significant energy and cost savings that supports the City's 20-40-15 energy initiative. Financial Incentives The total estimated cost to the City for this project is $10,736.13. The City share of the project will be paid from the Street Division Operating budget. If the project is not completed in 2007 the budget money will be carried forward to 2008. Attachments •Resolution •LED Conversion Program Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- APPROVE LED CONVERSION PROGRAM AGREEMENT NO. PW 46-49-07 WITH HENNEPIN COUNTY I.C. #07-5706 WHEREAS, the City and County desire to replace incandescent traffic signal indications with light emitting diode (LED) indications on traffic signal systems on County roads within the City; and WHEREAS,the County in collaboration with the City has developed plans for the replacement of incandescent traffic signal indications with LED indications on traffic signal systems on County roads within the City; and WHEREAS,the LED Conversion Project supports the City's 20-40-15 energy initiative. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that Agreement No. PW 46-49-07 with the County of Hennepin is hereby approved and the Mayor and City Manager are authorized to execute the Agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on October 16, 2007. Phil Young, Mayor ATTEST:SEAL Kathleen Porta ,City Clerk Agreement No. PW 46-49-07 City of Eden Prairie County of Hennepin AGREEMENT FOR PARTICIPATION IN LED CONVERSION PROGRAM THIS AGREEMENT, Made and entered into this day of 520 ,by and between the County of Hennepin , a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and the City of Eden Prairie , a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, the City and County desire to replace incandescent traffic signal indications with light emitting diode (LED) indications on traffic signal systems on County roads within the City; and WHEREAS, the replacement of incandescent traffic signal indications with LED indications will improve visibility of the traffic signal lights thereby enhancing the safety of the traveling public as well as providing electrical energy cost savings to the City; and WHEREAS, Xcel Energy makes available rebates to customers who install electrical energy savings devices; and WHEREAS, the City is responsible for providing the electrical energy that operates the traffic signal systems on County roads within the City, and therefore are eligible to receive the referenced Xcel Energy rebates upon installation of the LED traffic signal indications; and WHEREAS, the County in collaboration with the City has developed plans for the replacement of incandescent traffic signal indications with LED indications on traffic signal systems on County roads within the City; and WHEREAS, the replacement of incandescent traffic signal indications with LED's will be accomplished by County personnel under the County Traffic Division's Project No. 9991491 herein after referred to as the "Project"; and WHEREAS, the County has prepared an Engineer's Estimate of quantities, unit prices and labor costs for the above described Project in the sum of Twenty Seven Thousand Five Hundred Seven Eight Dollars and Twenty Six Cents ($27,578.26). A copy of said estimate, marked Exhibit "A", is attached hereto and by this reference made a part hereof, and 1 Agreement No. PW 46-49-07 WHEREAS, the City has expressed willingness to participate in the costs of said improvements to the traffic signal systems included in the Project with local funds; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1 and Section 471.59. NOW THEREFORE, IT IS HEREBY AGREED: I The County with its own forces and equipment will furnish and install LED indications on traffic signal systems on County roads within the City as shown in Exhibit "A". Said installation shall be under the supervision and direction of the County, however the City Engineer or staff shall have the right, as work progresses to enter upon the work premises to make any inspections deemed necessary, but will have no responsibility for supervision of the work. II The City shall reimburse the County for fifty (50) percent of the costs to furnish and install LED indications on traffic signal systems on County roads within the City. It is further agreed that the costs shown in Exhibit "A" are an estimate of the costs for the Project, and that the actual costs of the Project as measured by the County Engineer shall govern in computing the total final cost to the City for the Project. As shown in Exhibit "A", the estimated cost for the work to be performed by the County under the Project is Twenty Seven Thousand Five Hundred Seven Eight Dollars and Twenty Six Cents ($27,578.26). The estimated City share (50%) of the Project is Thirteen Thousand One Hundred Twenty One Dollars and Fifty Cents ($13,789.13). Upon completion of the work covered by this Agreement, the County will invoice the City for its proportionate share (50%) of costs incurred by the County for the work performed by the County on the Project. It is further understood and agreed that all additional costs to furnish and install LED indications in pedestrian countdown timers shall be the responsibility of the City.As shown in Exhibit "A",the estimated additional cost to the City to furnish and install LED indications in pedestrian countdown timers is $784.00. Similarly, upon completion of the work covered by this Agreement, the County will invoice the City for 100% of the additional costs incurred by the County for the furnishing and installation of LED indications in pedestrian countdown timers. III As previously referenced, Xcel Energy makes available rebates to customers who install electrical energy savings devices. Insofar as the City is responsible for providing the electrical 2 Agreement No. PW 46-49-07 energy that operates the traffic signal systems on County roads within the City, the City is eligible to receive the referenced Xcel Energy rebates upon installation of the LED traffic signal indications by the County. As shown in Exhibit "A", the estimated amount that the City is eligible to receive from Xcel Energy in the form of rebates is $6,890.00. It is understood by the parties hereto that said amount is an estimate only. The City shall pay to the County fifty (50) percent of the rebate it will receive from Xcel Energy for the Project. Upon completion of the work covered by this Agreement, the County will invoice the City for fifty (50) percent of the rebate the City is eligible to receive from Xcel Energy. Said invoice will be based on the type and number of LED indications installed by the County multiplied by the rebate per indication amount as shown in Exhibit "A"., It is understood and agreed that the City shall be responsible for obtaining said rebates from Xcel Energy. It is further understood and agreed that any action or inaction by the City that causes Xcel Energy not to grant the rebates to the City shall not relieve the City of its obligation to pay the County its proportionate share of the rebates as detailed herein. However, it is understood by the parties that if Xcel Energy suspends or cancel the aforereferenced rebate program, the City will not be required to pay the County said proportionate share. IV All payments to the County must be postmarked by the date due or a late penalty of one (1) percent per month, or fraction thereof, on the unpaid balance will be charged to the City. The City shall pay the amount due as stated on the statement, notwithstanding any dispute of such amount. Should a disputed amount be resolved in favor of the City, the County shall reimburse the disputed amount plus daily interest thereon calculated from the date such disputed amount was received by the County. Daily interest shall be at the rate of one (1) percent per month on the disputed amount. V The City agrees to grant to the County use of the right of way owned by the City as necessary for the completion of the Project. Said right of way use shall be granted at no cost to the County. VI All records kept by the City and the County and with respect to the Project shall be subject to examination by the representatives of each party hereto. 3 Agreement No. PW 46-49-07 VII The City agrees that any municipal license required to perform electrical work within the City shall be issued to the County at no cost to the County. VIII It is understood and agreed that the performance and completion of the Project shall have no effect on any existing agreements wherein maintenance responsibilities for the traffic signal systems contained in the Project are set forth. All agreements of such nature shall continue in full force and effect according to the respective conditions contain in those agreements. IX Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by the law, and shall not be responsible for the acts of the other party and the results thereof.The County's and the City's liability is governed by the provisions of Minnesota Statutes, Chapter 466. The County and the City each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program. X The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents, volunteers and employees, from any liabilities, claims, causes of action, judgments, damages, losses, costs or expenses, including, reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the City, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable for related to the ownership, existence, future maintenance, restoration, repair or replacement of the traffic signal systems included as part of the Project. The City's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. The County agrees to defend, indemnify and hold harmless the City, its officials, officers, agents, volunteers and employees, from any liabilities, claims, causes of action, judgments, damages, losses, costs or expenses, including, reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the County, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable for related to the ownership, existence, future maintenance, restoration, repair or replacement of the traffic signal systems included as part of said Projects. The County's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. 4 Agreement No. PW 46-49-07 XI It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Workers' Compensation Act or Minnesota Economic Security Law on behalf of the employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Workers' Compensation Act or the Minnesota Economic Security Law on behalf of the employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. XII In order to coordinate the services of the County with the activities of the City so as to accomplish the purposes of this Agreement, the Hennepin County Engineer or designated representative shall manage this Agreement on behalf of the County and serve as liaison between the County and the City. In order to coordinate the services of the City with the activities of the County so as to accomplish the purposes of this Agreement, the City's Director of Public Works/City Engineer or designated representative shall manage this Agreement on behalf of the City and serve as liaison between the City and the County. XIII It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 5-L Agreement No. PW 46-49-07 XIV The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. XV The matters set forth in the "whereas "clauses at the beginning of this Agreement are incorporated into and made a part hereof by this reference. 11 (this space left intentionally blank) 6 IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF EDEN PRAIRIE (Seal)By: Mayor Date: And: Manager Date: COUNTY OF HENNEPIN ATTEST: By:By: Deputy/Clerk of the County Board Chair of its County Board Date:Date: APPROVED AS TO FORM:And: By: Assi ar County Attorney County Administrator Date: -^`Ca And: Date:Assistant County Administrator, Public Works Date: APPROVED AS TO EXECUTION:RECOMMENDED FOR APPROVAL By:By: Assistant County Attorney Director, Transportation Department and County Engineer Date:Date: 7 LED Conversion Project City of Eden Prairie Cost Estimate Intersection ID Number CSAH X-Street City LED Green Balls - LED Green Arrows LED Amber Balls LED Amber Arrows LED Red Balls LED Red Arrows LED Ped Lens LED Ped + Housing 3-section 12" heads 777 7746-4 4 4 8051400 1 Dell Eden Prairie 12 8 12 8 12 4 0 8 0 8038100 4 Wagner Way Eden Prairie 12 2 12 2 0 0 0 0 0 8048800 4 Edenwood Eden Prairie 12 4 12 4 0 0 0 8 0 8027100 39 60 Eden Prairie 8 4 8 4 0 0 0 0 0 8042900 61 City West Eden Prairie 14 4 14 0 0 0 0 0 0 8030400 61 62 South Eden Prairie 10 1 10 1 0 0 0 0 0 8044900 62 101 Eden Prairie 10 8 10 8 0 0 0 0 0 8040600 62 South Frontage Eden Prairie 12 4 12 4 0 0 0 0 0 90 TOTAL MATERIALS COST TOTAL LABOR & VEHICLE COST TOTAL PROJECT COST $6,435 35 $1,610 90 $7,020 31 12 4 $1,054 $492 $136 0 $0 ADDITIONAL COST TO CITY FOR INCLUSION OF PEDESTRIAN COUNTDOWN TIMERS AT CSAH 4 & EDENWOOD GROSS TOTAL PROJECT COST REBATE PER INDICATION TOTAL REBATES 16 $2,560 5 $40 $40 $5,850 $0 $0 $0 $300 $100 $0 $640 COUNTY PORTION AFTER REBATE CITY PORTION AFTER REBATE NET TOTAL PROJECT COST 0 $0 $19,307.00 $19,307.00 $7,487.26 $26,794.26 $784.00 $27,578.26 ,1 $6,890.00 $9,952.13 $10,736.13 $20,688.26 10/3/2007 Hennepin County Agreement No. PW 46-49-07 Exhibit "A"; Sheet 1 of I CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda October 16, 2007 DEPARTMENT/DIVISION:ITEM DESCRIPTION: IC# 07-5707 ITEM NO.: VIII. D. & E. Leslie Stovring Riley Creek Water Quality Creek Public Works / Environmental Monitoring Station Requested Action Move to:Approve a contract with Barr Engineering Company to provide monitoring and maintenance activities for the Riley Creek water quality monitoring station in the amount of $27,500; and Approve a contract with Metropolitan Council Environmental Services to provide tasks associated with monitoring and maintaining the Riley Creek water quality monitoring station. Synopsis Metropolitan Council Environmental Services has requested that the City of Eden Prairie agree to collect samples from and maintain the equipment for the Riley Creek water quality monitoring station south of Flying Cloud Drive from October 2007 through June 30, 2009. These samples will monitor the creek health and allow the City to track the success of water quality improvement on projects within the creek. The funds for the station will be paid in part by a grant by the Metropolitan Council ($8,000). The remainder ($19,500) will be paid out of the stormwater utility fund. Background Information The Riley Creek water quality monitoring station south of Flying Cloud Drive was installed by Metropolitan Council to monitor the health of Riley Creek prior to flowing into the Minnesota River.Previously, the Riley-Purgatory-Bluff Creek Watershed District has collected samples from the station.However, the Metropolitan Council has taken over the data collection due to a lack of interest by the District to continue maintaining the station. The Metropolitan Council has now requested that the City enter into a contract with the Council and take on the duties associated with the station due to a lack of available staffing within the Council. Riley Creek is currently listed as impaired by the State of Minnesota. The data collected would allow the City track the success of actions taken under our Nondegradation and Storm Water Pollution Prevention Plans to improve the water quality of Riley Creek. The goal would be to request that the creek segments be delisted in the future. Attachments Attachment 1 - Professional Services Agreement for Barr Engineering Company Attachment 2 - Grant Agreement Barr Engineering Company 4700 West 77th Street •Minneapolis ,MN 55435-4803 Phone: 952-832-2600 • Fax: 952-832-2601 • www„barr.com An EEO Employer Minneapolis ,MN • Hibbing ,MN • Duluth ,MN • Ann Arbor, Ml • Jefferson City,MO October 9, 2007 Ms. Leslie Stovring City of Eden Prairie 8080 Mitchell Road Eden Prairie ,MN 55344 Dear Ms. Stovring: Enclosed is a revised Agreement for Professional Services for the continued monitoring of the Riley Creek Watershed Outlet Monitoring Program Station located at T.H. 169-212 and Riley Creek. The modifications as requested by the City Attorney have been incorporated into the Agreement. If you have any questions, please give me a call. Standard Agreement For Professional Services This Agreement is made on the day of ,20 ,between the City of Eden Prairie ,Minnesota (hereinafter "City"),whose business address is 8080 Mitchell Road, Eden Prairie ,MN 55344 ,and Barr Engineering Co , a Minnesota corporation (hereinafter "Consultant") whose business address is 4700 West 77th Street ,Edina ,MN 55435.. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects.That policy requires that persons, firms or corporations providing such services enter into written agreements with the City.. The purpose of this agreement is to set forth the terms and conditions for the provision of professional services by Consultant for continuing to monitor/manage the Riley Creek Watershed Outlet Monitoring Program (WOMP) Station hereinafter referred to as the "Work",, The City and Consultant agree as follows Scope of Work/Proposal.The Consultant agrees to provide the professional services shown in Exhibit "A" and the services required by Consultant according to Paragraph 32, below. The terms of this standard agreement shall take precedence of any provisions in the Consultant's proposal and/or general conditions., 2.Time for Performance of Services .The Consultant shall perform the services described in Exhibit A within the following timeframe unless otherwise agreed upon in writing:: 3.Compensation for Services.City agrees to pay the Consultant a not to exceed amount, including expenses, of $19,500 for the services as described in Paragraph 1 and Exhibit A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council.The City will not pay additional compensation for services that do not have prior written authorization. B..Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C..If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay.. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. City Information .The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services:: A..Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property.. As may be necessary the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. Z:\CLIENTS\E\Eden Prairie City of\Eden Prairie WOMP Agreement doc 1 Consideration of the Consultant 's Work. The City shall give thorough consideration to all reports ,sketches ,estimates ,drawings ,and other documents presented by the Consultant ,and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C.Standards, The City shall furnish the Consultant with a copy of any standard of criteria, including but not limited to, design and construction standards they may be required in the preparation of the report for the Project. D.Owner's Representative.. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement 5 Method of Payment .The Consultant shall submit to the City, on a monthly basis , itemized invoices for professional services performed under Section 4 of this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. Progress Payment..For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if permitted in Exhibit A, the Consultant shall provide such documentation as reasonably required by the City..A progress summary, which will include the budget status and original and/or amended budget, shall be included with each invoice.. B.Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A attached hereto and incorporated herein by reference. Payments for the Consultant's Reimbursable Costs.The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. Such items shall include: transportation of principals and employees on special trips to the Project or to other locations, materials and supplies, and AutoCAD as required to expedite the work, and reproduction of reports„ Project Manager and Staffing .The Consultant has designated Robert C Obermeyer, P.E. and Chris Bonick to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Project in accordance with the terms established herein.Consultant may not remove or replace designated staff from the Project without the approval of the City. 8.Standard of Care .All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County,Minnesota for professional services of the like kind 9.Audit Disclosure .The Consultant shall allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement .Any reports,information, data, etc .given to ,or prepared or assembled Z:\CLIENTS\E\Eden Prairie City of\Eden Prairie WOMP Agreement doc 2 by the Consultant under this Agreement which the City requests to be kept confidential shall not be made available to any individual or organization without the City's prior written approval.. All finished or unfinished documents,data,studies,surveys,drawings,maps,models, photographs, and reports prepared by the Consultant shall become the property of the City upon termination of this Agreement, but Consultant may retain copies of such documents as records of the services provided.. The Consultant shall at all times abide by Minn.. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant 10.Term .The term of this Agreement shall be from October 1 ,2007 through June 30 ,2009 the date of signature by the parties notwithstanding ..This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 11.Termination .This Agreement may be terminated by either party by seven (7) days' written notice delivered to the other party at the address written above.. Upon termination under this provision if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination If however, the City terminates the Agreement because of the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1 12..Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City..The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1..5 percent per month or any part of a month,. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor.A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action.. 13..Independent Consultant .At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City.No statement herein shall be construed so as to find the Consultant an employee of the City. 14.Non-Discrimination .During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age..The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment..The Consultant 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.The Consultant 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. Z:\CLIENTS\E\Eden Prairie City oflEden Prairie WOMP Agreement doc 3 15..Assignment .Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16.Services Not Provided For.No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City.. 17..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 Agreement.. 18.Entire Agreement.The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.. 19.Compliance with Laws and Regulations .In providing services hereunder, the Consultant shall abide by all statutes ,ordinances, rules and regulations pertaining to the provisions of services to be provided.. The Consultant and City, together with their respective agents and employees,agree to abide by the provisions of the Minnesota Data Practices Act,Minnesota Statutes Section 13, as amended,and Minnesota Rules promulgated pursuant to Chapter 13. 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 the City to immediately terminate this Agreement. 20..Waiver.Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement.. 21.Indemnification .Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Consultant, its agents ,employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. 22.Insurance. A.General Liability..During the term of this Agreement, Consultant shall maintain a general liability insurance policy with limits of at least $2,000,000 for each person, and each occurrence, for both personal injury and property damage.. This policy shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be the primary coverage in the event of a loss,.The policy shall also insure the indemnification obligation contained in Paragraph No. 21. A copy of the Consultant's insurance declaration page, Rider or Endorsement, as applicable, which evidences the existence of this insurance coverage naming the City as an additional insured must be provided to the City before work under this Agreement is begun.. Worker's Compensation.. The Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker's Compensation Acts and from Z:\CLIENTS\E\Eden Prairie City o? Eden Prairie WOMP Agreement doc 4 claims for bodily injury, death, or property damage which may arise from the performance of Consultant's services under this Agreement C.Professional Liability Insurance.The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy.,Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as the Consultant, if such legal liability is caused by an error, omission, or negligent act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide an aggregate limit of $2,000,000. 23.Records Access. The Consultant shall provide the City access to any books, documents, papers, and records which are directly pertinent to the specific contract, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this contract are closed 24.Ownership of Documents .All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes, Reuse of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any reuse of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party reusing the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 25.WITHHOLDING TAXES.No final payment shall be made to the Consultant until the Consultant has provided satisfactory evidence to the City that the Consultant and each of its subcontracts has complied with the provisions of Minn.. Stat. 290.92 relating to withholding of income taxes upon wages A certificate by the Commissioner of Revenue shall satisfy this requirement. 26..Dispute Resolution.Mediation ..Each dispute ,claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party..Unless the parties agree otherwise ,the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect .A request for mediation shall be filed in writing with the American Arbitration Association and the other party ..No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties .Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement ,which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.. 27.AUDITS.The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract.. 28.Governing Law.This Agreement shall be controlled by the laws of the State of Minnesota Z:\CLIENTS\E\Eden Prairie City of\Eden Prairie WOMP Agreement doc 5 29.Conflicts.No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void.Any federal regulations and applicable state statutes shall not be violated. 30..Claims.To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid " 31.Counterparts.This Agreement may be executed in multiple counterparts each of which shall be considered an original.. 32.Relation to State and Metropolitan Council Grant Agreements .The Metropolitan Council entered into that certain Grant Agreement with the State of Minnesota ,dated July 1, 2007 ("State Grant Agreement"), whereby the state agreed to provide certain funds to the Metropolitan Council for the purposes of the Metropolitan Area Watershed Outlet Monitoring Program.The City entered into that certain Grant Agreement with the Metropolitan Council, dated ("Metropolitan Council Grant Agreement"), whereby the Metropolitan Council agreed to provide to the City certain grant funds it received from the State for the purposes of the Metropolitan Area Watershed Outlet Monitoring Program.. Copies of the State Grant Agreement and Metropolitan Council Grant Agreement are attached to and incorporated in this agreement as Exhibits B and C, respectively.The obligations imposed upon the Metropolitan Council by the State Grant Agreement, and the obligations imposed upon the City by the Metropolitan Council Grant Agreement, are herby made binding upon the Consultant, and the terms of the said agreements are incorporated into this Agreement to the extent necessary for the City to meet its obligations under the State Grant Agreement and the Metropolitan Council Grant Agreement. Executed as of the day and year first written above.. CITY OF EDEN PRAIRIE Mayor City Manager NGINEERING CO. By / ,. Its: Z:\CLIENTS\E\Eden Prairie City of\Eden Prairie WOMP Agreement doc 6 BARR September 17, 2007 Barr Engineering Company 4700 West 77th Street •Minneapolis ,MN 55435-4803 Phone: 952-832-2600 • Fax: 952-832-2601 • www.barr.com EXHIBIT A An EEO Employer Minneapolis, MN • Hibbing, MN •Duluth, MN •Ann Arbor,MI • Jefferson City,MO Ms. Leslie Stovring City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Ms. Stovring: As requested at our September 7, 2007 meeting, Barr Engineering Company is pleased to submit the following work plan and cost estimate for continuing to monitor/manage the Riley Creek Watershed Outlet Monitoring Program (WOMP) station for the City.. The objective of WOMP is to obtain water quality monitoring information needed for assessing current watershed conditions, for developing total maximum daily (pollutant) loads (TMDLs) in cooperation with the Minnesota Pollution Control Agency, and for measuring progress toward achievement of TMDL goals and water quality standards as non-point source best management practices are implemented. This station has been functional since 1999 The Metropolitan Council currently has grant funds available in the amount of $8,000 for the period of July 1, 2007 through June 30, 2009. These funds remain available for the remainder of this year. The attached table summarizes the work tasks and costs to manage the station during this time period, the reimbursable expenses from the Metropolitan Council, and the City's obligation. The work tasks include: maintenance and calibration of the monitoring equipment, preparation for and storm event sampling including delivery of samples for analysis, preparation for and base flow sampling including delivery of samples for analysis, and downloading data files including summarizing and reporting data collected. The Metropolitan Council undertakes and completes the water quality analysis of the samples collected.. We look forward to the opportunity of working with the City. If you have any questions or request additional information, please call me at 952-832-2857,. Enclosure Z:\CLIENTS \E\E den Prairie City oflstovting _WOMP_WCA doc Riley Creek WOMP Station Cost Estimate for the City of Eden Prairie Time Frames Total for Contract Period Tasks Oct 1 - Dec 31 ,2007 Jan 1 - Jun 30, 2008 Jul 1 -Dec 31 ,2008 Jan 1 -Jun 30 ,2009 Oct 1 ,2007 -Jun 30. 2009 Administrative (i.e.meetin g s, communications ,etc.$100.00 $400.00 $400.00 $400.00 Station Maintenance/Calibration $100.00 $2,200.00 $1,100.00 $2,200.00 Storm Samp lin g (Includin g Pre p and Delivery)$650.00 $4,000.00 $2.400.00 $4,000.00 Base Flow Sampling (Including Prep and Delivery)$1,150.00 $1,800.00 $1,800.00 $1,800.00 Data Management TOIAL $-$1,000.00 $1,000.00 $1,000.00 ^^1000)):^;.EUn ,)rl N.1C,[ ; ;^; )OO C;rint (i ur Jul 1. 2O )i -Jun 'O 100`I) City of Eden Prairie Costs - $ %,000 Cali -$ 'Oiii-iiL} 7,400.00 $ OOi)_(i01 4,700.00 S $ i')ui)C).(?i)I 7:400.00 :^___UOi $19,500.00 P:\Mpls\23 MN \27\2327053\_MovedFromMpls _P\R07_womp\RileyWOMP_AnnualCosts:Sheet2 9/14/2007 Contract No:- - GRANT AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND FOR THE METROPOLITAN AREA WATERSHED OUTLET MONITORING PROGRAM (WOMP2) THIS AGREEMENT is made and entered into by and between the METROPOLITAN COUNCIL (the "Council") and the (the "Grantee"), each acting by and through its duly authorized officers. WHEREAS: 1.The Metropolitan Council has been charged by the Minnesota Legislature (Minnesota Statutes, section 473.157,Water Resources Plan) with the development of target pollution loads for all Metropolitan Area watersheds. 2.A search of the available data yielded very little data adequate for use in the development of these loads. 3.On January 12, 1995 the Metropolitan Council authorized its staff to enter into grant agreements with various watershed management organizations for the collection of watershed outlet data. 4.The Council has entered into a grant agreement with the State of Minnesota (referred to in this document as the "State Grant Agreement ) whereby the state agrees to provide certain funds for the purposes of the Metropolitan Area Watershed Outlet Monitoring Program. 5.The Grantee has expressed an interest in collecting water quality data at the watershed outlet. 6.The Grantee has exhibited the technical capability to conduct a watershed outlet monitoring program. 7.The Council has reviewed the Grantee's proposal and desires to assist it in the collection of data. NOW, THEREFORE, the Council and the Grantee agree as follows: 1.GRANTEE PERFORMANCE OF GRANT PROJECT 1.01 Grant Project .The Grantee agrees to perform and complete in a satisfactory and proper manner the grant project as described in the Grantee's application for grant assistance, incorporated in this agreement by reference, and in accordance with the terms and conditions of this agreement. Specifically, the Grantee agrees to perform the specific activities described in Exhibit A ("WOMP Monitoring Work Plan ) and to undertake the financial responsibilities described in Exhibit B ("WOMP Monitoring Budget and Financial Responsibilities document), both of which are attached to and incorporated in this agreement. These activities and financial responsibilities are referred to in this agreement as the "Grant Project . 1.02 Use of Contractors .With the approval of the Council's Grant and Project Managers, the Grantee may engage contractors to perform Grant Project activities. However, the Grantee retains primary responsibility to the Council for performance of the Grant Project and the use of such contractors does not relieve the Grantee from any of its obligations under this agreement. 1 1.03 Material Representations .The Grantee agrees that all representations contained in its application for grant assistance are material representations of fact upon which the Council relied in awarding this grant and are incorporated in this agreement by reference. II.AUTHORIZED USE OF GRANT FUNDS 2.01 Authorized Uses .Grant funds may be used only for costs directly associated with Grant Project activities, as described in paragraph 1.01, and which: i) occur during the Project Activity Period specified in paragraph 6.01, and ii) are eligible expenses as listed in the Grantee Financial Responsibilities portion of the WOMP Monitoring Budget and Financial Responsibilities document (Exhibit B). Grant funds may also be used to prepare the data and expense reports required by paragraphs 5.02 and 5.03 of this grant agreement. No other use of grant funds is permitted. 2.02 Unauthorized Uses of Grant Proceeds. Grant funds cannot be used to purchase land, buildings, or other interests in real property, or to pay legal fees, or permit, license, or other authorization fees, unless specifically approved in advance by the Council's Grant Manager. 2.03 Project Equipment and Supplies .With approval of the Council's Project Manager, grant funds may be used to purchase or lease equipment, machinery, supplies, or other personal property directly necessary to conduct the Grant Project. The Grantee will comply with the personal property management requirements described in article VIII of this agreement, with regard to any property purchased pursuant to this paragraph. III.GRANT AMOUNT AND DISTRIBUTION 3.01 Maximum Grant Amount .The Council shall pay to the Grantee a Maximum Grant Amount of $8,000. Provided, however, that in no event will the Council's obligation under this agreement exceed the lesser of: a. the Maximum Grant Amount of $8,000; or, b. the actual amount expended by the grantee on eligible expenses as specified in paragraph 2.01. The Council shall bear no responsibility for cost overruns which may be incurred by the Grantee in performance of the Grant Project. 3.02 Distribution of Grant Funds .Grant funds will be distributed by the Council according to the following schedule: a.Within ten (10) working days of Council execution of this agreement, the Council will distribute to the Grantee forty-five (45%) of the Maximum Grant Amount. b.Upon Council approval of Grantee 's July 2008 data and expense reports required by paragraphs 5.02 and 5 .03, the Council will distribute to the Grantee forty-five (45%) percent of the Maximum Grant Amount. c.Upon approval of Grantee's July 2009 data and expense reports required by paragraphs 5.02 and 5.03, the Council will distribute to Grantee the final payment of the remainder of the Maximum Grant Amount. However, no payment will be made which would cause the distribution of grant funds to exceed the limits in paragraph 3.01. Further, if the amount already paid to Grantee by the Council pursuant to this paragraph exceeds the cumulative amount actually expended by the Grantee on eligible expenses as specified in paragraph 2.01, the Council shall notify Grantee of 2 the amount of over-payment. Grantee shall repay to the Council the amount of such overpayment within 30 days of receipt of such notice from the Council. No payment will be made under this paragraph if the Grantee is not current in its reporting requirements under article V at the time the payment is due. Distribution of any funds or approval of any report is not to be construed as a Council waiver of any Grantee noncompliance with this agreement. 3.03 Repayment of Unauthorized Use of Grant Proceeds .Upon a finding by Council staff that the Grantee has made an unauthorized or undocumented use of grant proceeds, and upon a demand for repayment issued by the Council, the Grantee agrees to promptly repay such amounts to the Council. 3.04 Reversion of Unexpended Funds .All funds granted by the Council under this agreement that have not been expended for authorized Grant Project activities as described in paragraph 2.01 shall revert to the Council. IV.ACCOUNTING AND RECORDKEEPING REQUIREMENTS 4.01 Documentation of Grant Project Costs .All costs charged to the Grant Project must be supported by proper documentation, including properly executed payroll and time records, invoices, contracts, receipts for expenses, or vouchers, evidencing in detail the nature and propriety of the charges. 4.02 Establishment and Maintenance of Grant Project Information .The Grantee agrees to establish and maintain accurate, detailed, and complete separate books, accounts, financial records, documentation, and other evidence relating to: i) Grantee's performance under this agreement, and ii) the receipt and expenditure of all grant funds under this agreement. The Grantee shall establish and maintain all such information in accordance with generally accepted accounting principles and practices and shall retain intact all Grant Project information until the latest of: a.complete performance of this agreement; or b.six (6) years following the term of this agreement; or c.if any litigation, claim, or audit is commenced during either such period, when all such litigation, claims or audits have been resolved. If the Grantee engages any contractors to perform any part of the Grant Project activities, the Grantee agrees that the contract for such services shall include provisions requiring the contractor to establish and maintain Grant Project information in accordance with the provisions of this paragraph and to allow audit of such information in accordance with paragraph 4.03. 4.03 Audit. The accounts and records of the Grantee relating to the Grant Project shall be audited in the same manner as all other accounts and records of the Grantee are audited. During the time of maintenance of information under paragraph 4.02, authorized representatives of the Council, and the Legislative Auditor and/or State Auditor in accordance with Minnesota Statutes, section 16C.05, subdivision 5, will have access to all such books, records, documents, accounting practices and procedures, and other information for the purpose of inspection, audit, and copying during normal business hours. The Grantee will provide proper facilities for such access and inspection. 3 V.REPORTING AND MONITORING REQUIREMENTS 5.01 Monitoring Work Plan .The WOMP Monitoring Work Plan (Exhibit A) includes the specific geographic area and watershed outlet affected by the Grant Project, the tasks to be undertaken together with schedules and the organization responsible for the tasks' costs. The Grantee Financial Responsibilities portion of the WOMP Monitoring Budget and Financial Responsibilities document (Exhibit B) lists the Grantee expenses eligible for reimbursement by the Council, subject to the limitations of paragraph 2.01. The Grantee agrees to abide by the Monitoring Work Plan, including the Quality Control Provisions listed in the Monitoring Work Plan. 5.02 Grant Project Data Reports .The Grantee will submit Grant Project data reports to the Council in accordance with the requirements in the WOMP Monitoring Work Plan (Exhibit A). 5.03 Grant Project Financial Reports .Along with its data reports to be submitted in July 2004 and July 2005, the Grantee will also submit a financial report detailing expenses incurred by Grantee for the Grant Project in the preceding twelve calendar months which are eligible for reimbursement by the Council in accordance with paragraph 2.01. 5.04 Changed Conditions .The Grantee agrees to notify the Council immediately of any change in conditions, local law, or any other event that may affect the Grantee's ability to perform the Grant Project in accordance with the terms of this agreement. VI.GRANT PROJECT ACTIVITY PERIOD ;TERM; TERMINATION 6.01 Project Activity Period .The Grantee agrees to complete the Grant Project activities specified in paragraph 1.01 during the period from October 1, 2007 through June 30, 2009 (the "Project Activity Period"). 6.02 Term .The term of this agreement shall extend from the effective date of this agreement to a date sixty (60) calendar days following the end of the Project Activity Period, to permit closeout of this agreement. 6.03 Termination .Either the Council or the Grantee may terminate this grant agreement at any time, with or without cause, by providing the other party written notice of such termination at least thirty (30) days prior to the effective date of such termination. Upon such termination Grantee shall be entitled to compensation for Grant Project activities in accordance with this grant agreement which were satisfactorily performed and incurred prior to the effective date of the termination, but only to the extent that funds for such activities have been distributed under paragraph 3.02 prior to such termination. Any remaining grant funds which have been distributed to Grantee will be returned to the Council. All data collected by Grantee prior to termination shall be turned over to the Council. 6.04 Termination by Council for Noncompliance .If the Council finds that there has been a failure to comply with the provisions of this agreement, the Council may terminate the agreement at any time following seven (7) calendar days written notice to the Grantee and upon failure of the Grantee to cure the noncompliance within the seven-day period. Noncompliance includes failure to make reasonable progress toward completion of the Grant Project. If the Council finds that the Grantee's noncompliance is willful and unreasonable, the Council may terminate or rescind this agreement and require the Grantee to repay the grant funds in full or in a portion determined by the Council. Nothing herein shall be construed so as to limit the Council's legal remedies to recover grant funds. 6.05 Effect of Grant Project Closeout or Termination .The Grantee agrees that Grant Project closeout or termination of this agreement does not invalidate continuing obligations imposed on the Grantee 4 by this agreement. Grant Project closeout or termination of this agreement does not alter the Council's authority to disallow costs and recover funds on the basis of a later audit or other review, and does not alter the Grantee's obligation to return any funds due to the Council as a result of later refunds, corrections, or other transactions. VII.COUNCIL's GRANT MANAGER AND PROJECT MANAGER Financial aspects of this grant agreement will be handled by the Council's Grant Manager. The Council's Grant Manager for this grant agreement is Joe Mulcahy, or such other person as may hereafter be designated in writing by the Council. Technical aspects of the Grant Project, including supervision of the Grantee under the Monitoring Work Plan, will be handled by the Council's Project Manager. The Council's Project Manager for this grant agreement is Leigh Harrod, or such other person as may hereafter be designated in writing by the Council. However, nothing in this agreement will be deemed to authorize such Grant Manager or Project Manager to execute amendments to this Grant Agreement on behalf of the Council. VIII.GRANT PROPERTY. 8.01 Title .Title to all personal property at the monitoring station site as described in Exhibit A and all property acquired with grant funds will remain with the Council. The Council authorizes the Grantee to utilize the personal property at the site in carrying out the Grant Project activities during the Project Activity Period. 8.02 Maintenance .The Grantee agrees to maintain any such personal property in good operating order. If, during the Project Activity Period, any personal property is no longer available for use in performing the Grant Project, whether by planned withdrawal, misuse, or casualty loss, the Grantee shall immediately notify the Council's Project Manager. 8.03 Utility Services .The Council shall make arrangements with local utilities to provide both telephone and electrical hookups as needed at the monitoring station specified in Exhibit A. All utility accounts serving the monitoring station shall be in the name of the Council. All telephone and electric utility costs for the monitoring station shall be paid by the Council. IX.GENERAL CONDITIONS 9.01 Amendments .The terms of this agreement may be changed only by mutual agreement of the parties. Such changes shall be effective only upon the execution of written amendments signed by duly authorized officers of the parties to this agreement. 9.02 Assignment Prohibited .Except as provided in paragraph 1.02, the Grantee shall not assign, contract out, sublet, subgrant, or transfer any Grant Project activities without receiving the express written consent of the Council. The Council may condition such consent on compliance by the Grantee with terms and conditions specified by the Council. 9.03 Indemnification .The Grantee assumes liability for and agrees to defend, indemnify and hold harmless the Council, its members, officers, employees and agents, from and against all losses, damages, expenses, liability, claims, suits, or demands, including without limitation attorney's fees, arising out of, resulting from, or relating to the performance of the Grant Project by Grantee or Grantee's employees, agents, or subcontractors. 5 9.04 Grant Project Data .The Grantee agrees that the results of the Grant Project, the reports submitted, and any new information or technology that is developed with the assistance of this grant may not be copyrighted or patented by Grantee. The Grantee shall comply with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, in administering data under this agreement. 9.05 Nondiscrimination .The Grantee agrees to comply with all applicable laws relating to nondiscrimination and affirmative action. In particular, the Grantee agrees not to discriminate against any employee, applicant for employment, or participant in this Grant Project because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability, sexual orientation, or age; and further agrees to take action to ensure that applicants and employees are treated equally with respect to all aspects of employment, including rates of pay, selection for training, and other forms of compensation. 9.06 Promotional Material :Acknowledgment .The Grantee agrees to submit to the Council a copy of any promotional information regarding the Grant Project disseminated by the Grantee. The Grantee shall appropriately acknowledge the grant assistance made by the State and the Council in any promotional materials, reports, and publications relating to the Grant Project. 9.07 Compliance with Law; Obtaining Permits ,Licenses and Authorizations .The Grantee agrees to conduct the Grant Project in compliance with all applicable provisions of federal, state, and local laws, ordinances or regulations. The Grantee is responsible for obtaining all federal, state, and local permits, licenses, and authorizations necessary for performing the Grant Project. 9.08 Workers Compensation ;Tax Withholding .The Grantee represents that it is compliance with the workers compensation coverage requirements of Minnesota Statutes, section 176.181, subdivision 2, and that it, and any of its contractors or material suppliers, if any, under this contract, are in compliance with the tax withholding on wages requirements of Minnesota Statutes, section 290.92. 9.09 Jurisdiction ,Venue,and Applicable Law. Venue for all legal proceedings arising out of this agreement, or breach of this agreement, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. All matters relating to the performance of this agreement shall be controlled by and determined in accordance with the laws of the State of Minnesota. 9.10 Relation to State Grant Agreement .The Grantee recognizes that the Council has undertaken certain obligations as part of the State Grant Agreement. A copy of the State Grant Agreement is attached to and incorporated in this agreement as Exhibit C. The Grantee agrees that obligations imposed by the State Grant Agreement on subgrantees or subcontractors are hereby made binding on the Grantee, and that the terms of the said agreement are incorporated into this agreement to the extent necessary for the Council to meet its obligations under the State Grant Agreement. Terms of the State Grant Agreement which are hereby specifically incorporated include, without limitation, the following: Section 5 Conditions of Payment Section 10 Government Data Practices Section 11 Intellectual Property Rights Section 13 Publicity and Endorsement Section 14 Governing Law, Jurisdiction, and Venue This paragraph shall not be deemed to create any contractual relationship between the State of Minnesota and the Grantee .The Grantee is not a third -party beneficiary of the State Grant Agreement. 6 IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized officers on the dates set forth below. This agreement is effective upon final execution by, and delivery to, both parties. Date GRANTEE By Name Title METROPOLITAN COUNCIL Date By Keith Buttleman Director, Environmental Planning and Evaluation Approved as to form: WOMP2 Revised 12/03 Metropolitan Council Office of General Counsel 7 EXHIBIT A WOMP MONITORING WORK PLAN The Grantee, the City of Eden Prairie, shall operate and maintain a water quality monitoring and sampling station at Riley Creek, south of Flying Cloud Drive.Monitoring work and data collection during the Project Activity Period (October 1, 2007 - June 30, 2009) will be eligible for Metropolitan Council funding and support under this Grant Agreement according to its terms. As part of this agreement, the Grantee will collect precipitation and stream flow data and obtain water quality samples from October 1, 2007 through June 30, 2009. Precipitation and Stream Flow Monitoring •Precipitation and continuous stream flow measurement and recording are required throughout the Project Activity Period .At monitoring stations with rain gauges ,precipitation data shall be collected and summed in 15-minute intervals .Continuous flow data shall be collected and averaged in 15-minute intervals. Water Quality Sample Collection All water quality samples collected by the Grantee under this work plan will be analyzed by the Metropolitan Council Environmental Services (MCES) laboratory. Each year during ice-free conditions (generally March-November), the Grantee will submit approximately 10-15 water quality composite samples collected during storm runoff events, as climatic conditions dictate.During wet years, additional composite samples may need to be collected and submitted to accurately characterize pollutant loading. Snowmelt runoff data will be collected in the spring even if some ice is still present in the stream. The sampling interval during storm-generated runoff events shall be flow-weighted based upon equal volume intervals. The equal volume interval shall be that which is deemed appropriate for the watershed, with a goal to get the best representative samples over the entire storm event. Flow-composited water quality samples are required for storm-generated runoff events.Single grab samples taken during a runoff event are not considered to be adequate substitutes for storm- generated event composite samples, unless the automatic sampler has failed to operate as intended during the event. As part of the annual monitoring routine at this site, the Grantee will monitor the water quality of non-storm event stream flow (base flow) by submitting monthly grab samples obtained during non-storm event periods.The instantaneous stream stage, flow, water temperature, and transparency (transparency tube) shall be measured at the time the base flow sample is collected and recorded on the Laboratory Submission Sheet.This requirement may be waived if ice conditions preclude taking a base flow sample. If a runoff event or base flow sample is obtained during ice conditions, an estimate of flow in units of cubic feet per second (CFS) may be indicated on the Laboratory Submission Sheet with a notation that says "estimated - ice conditions." All times reported throughout the year shall be in terms of Central Daylight Savings Time (CDT). The Grantee will prepare the runoff event and base flow samples for submittal to the MCES Laboratory, and will label all samples according to procedures provided by the Council. The samples shall be submitted to the MCES Laboratory at the Metropolitan Wastewater Treatment Plant, located at 2400 Childs Road, St. Paul, Minnesota. Water Quality Sample Analysis Samples submitted to the MCES Laboratory by the Grantee will be analyzed for pH, specific conductance, chloride, alkalinity, turbidity, total suspended solids, volatile suspended solids, total phosphorus, dissolved phosphorus, ammonia nitrogen, nitrate-nitrogen, nitrite-nitrogen, total Kjeldahl nitrogen, chemical oxygen demand, total organic carbon, and chlorophyll-a. If practicable, 4-5 bacteria grab samples should be obtained per month during both baseflow and runoff events for analysis of fecal coliform and E.coli bacteria. Bacteria samples must be delivered to the MCES laboratory within 6 hours of collection and arrive before 2 p.m. Additionally, the Grantee must request an analysis of select metals 8 (cadmium, copper, chromium, lead, nickel and zinc) and hardness in at least one base flow grab sample and three runoff event samples each year. The Grantee shall retain copies of all Laboratory Submission Sheets submitted to the MCES Laboratory. Every year, the Council's Project Manager will provide, upon request from the Grantee, a listing of all water quality samples and requested analyses that have been entered into the Council's Laboratory Information Management System (LIMS) during the preceding calendar year's 12-month reporting period. The Grantee will review the LIMS summary results and compare the LIMS information with their copies of the Laboratory Submission Sheets and with their field notes for the same period. The purpose of the comparison is to ensure that the sampling dates, sampling times, and types of samples documented by the Grantee and the types of analyses requested by the Grantee match the information contained in the Council's LIMS.Any discrepancies noticed by the Grantee shall be reported immediately to the Council's Project Manager.The results of all MCES Laboratory analyses will be submitted to the Grantee on a calendar year basis, upon request to the Council's Project Manager. QUALITY ASSURANCE PROVISIONS Rating Curve Measurements Stage/discharge relationships and rating curves will be established, maintained and calibrated by the Grantee, using direct measurement methods described by publications of the United States Geological Survey, including but not limited to discharge dye tracing and direct in-stream velocity measurements. Indirect measurement methods must be approved in advance by the Council's Project Manager. The Grantee is expected to develop, maintain, and calibrate stage/discharge rating curves for the sampling site that represent as closely as possible the full range of expected discharge at the site. Data collected for rating curve measurements, including charts, trend lines, rating curve equations and field notes generated by rating curve measurements will be reported by the Grantee to the Council's Project Manager as soon as is practicable after the in-stream rating curve measurement is conducted. The Council's Project Manager has supplies and equipment that may be loaned to the Grantee, subject to availability, to conduct the in-stream measurements. If requested and subject to availability of resources, the Council's Project Manager and/or staff will provide training and on-site field assistance to the Grantee in making the measurements and determining stage/discharge rating curves for the site. Technical Assistance The Council's Project Manager will write and maintain the data logger programs for the Campbell Scientific data logger.Council guidelines for data format, data downloading, station identification, programming, and sampling protocol will be observed by the Grantee.The Grantee must avoid downloading new programs into the data logger without the involvement of the Council's Project Manager. This coordination will ensure that all data are captured before a new program is downloaded, and will also ensure that both the Council's Project Manager and the Grantee are communicating with each other on decisions affecting the monitoring work. Site Maintenance and Equipment Calibration The Grantee shall maintain the integrity of the site as needed such that operation of the monitoring and sampling equipment is not impeded by debris, and the rating curve continues to reflect a valid relationship to discharge. The Grantee must recalibrate the in-stream conductivity probe on a regular basis, and maintain field notes regarding any deviation between the calibrated hand-held probe and the in-stream probe, and all corrections made. The Grantee must regularly check the status of the desiccant in the data logger and replace when needed. The Grantee must check the instantaneous stage reading with a fixed stage reference at the site, and make adjustments as required, recording the date and time of all adjustments in the field notes. The Grantee must also maintain field notes regarding any other activity at the station, including station maintenance and monitoring equipment maintenance and/or adjustments, especially as these activities may affect the integrity of the monitoring data. 9 In addition to the Excel files of monitoring data and rating curve information, the Grantee will provide copies of the following documents to the Council's Project Manager: •Site Logs (field notes) for each calendar year's reporting period, •Copies of the Laboratory Submission Sheets submitted to the MCES Laboratory when bringing in water quality samples for analysis during the reporting period. Forms The Council's Project Manager will supply WORD files for the Grantee to print pre-formatted forms as follows: Laboratory Submission Sheets for water quality grab and composite samples ,Site Logs, and Dye Dripping Field Notes and Dye Drip Procedures .The Grantee will use these forms for all submissions to the Council. Labels for sample bottles shall be supplied upon request to the Grantee by MCES Laboratory personnel. The Council will also provide a "day-of-year calendar. Calendar dates in all 15-minute precipitation and flow data files and in the average daily flow summaries shall be expressed in these "day-of-year units. 10 EXHIBIT B WOMP MONITORING BUDGET AND FINANCIAL RESPONSIBILITIES Grantee Financial Responsibilities The Grantee, the City of Eden Prairie, shall assume the following financial responsibilities for operating and maintaining a water quality monitoring and sampling station at Riley Creek, south of Flying Cloud Drive during the Project Activity Period (October 1, 2007 through June 30, 2009). On an annual basis (October 1, 2007 through June 30, 2008 and July 1, 2008 through June 30, 2009), the Grantee shall: •Assume all Grantee labor costs associated with operating and maintaining the stream monitoring station according to the WOMP Monitoring Work Plan (Exhibit A); •Assume all Grantee vehicle and mileage costs associated with operating and maintaining the stream monitoring station according to the WOMP Monitoring Work Plan; •Assume up to $250 for miscellaneous materials and supplies associated with operating and maintaining the stream monitoring station according to the WOMP Monitoring Work Plan. The Council will assist in the payment of such costs as provided for in this grant agreement. Metropolitan Council Financial Responsibilities Subject to the availability of funds, the Metropolitan Council shall assume the following financial responsibilities for operating and maintaining a water quality monitoring and sampling station at Riley Creek south of Flying Cloud Drive during the Project Activity Period (October 1, 2007 through June 30, 2009). On an annual basis (October 1, 2007 through June 30, 2008 and July 1, 2008 through June 30, 2009), the Council shall: •Assume all MCES Laboratory costs associated with analysis of the water samples submitted by the Grantee, in conformance with the WOMP Monitoring Work Plan (estimated cost: $2,850); •Assume all telephone service costs (if applicable) associated with operating and maintaining the stream monitoring station according to the WOMP Monitoring Work Plan (estimated cost: $625); •Assume all electrical service costs (if applicable) associated with operating and maintaining the stream monitoring station according to the WOMP Monitoring Work Plan (estimated cost: $325); •Assume all costs for the repair and/or replacement of all monitoring equipment necessary for operating the stream monitoring station according to the WOMP Monitoring Work Plan (estimated cost: $850); •Assume all materials and supplies costs associated with operating and maintaining the stream monitoring station according to the WOMP Monitoring Work Plan (estimated cost: $1,100), beyond the cost contributed by the Grantee ($250); •Assume all MCES trades labor costs associated with maintaining the stream monitoring station in proper working order (estimated cost: $625); •Assume all labor costs for the Council's Project Manager (WOMP Coordinator), who will provide technical support, guidance, and assistance for operating and maintaining the stream monitoring station and managing and assessing the data and information generated by the monitoring work. 11 EXHIBIT C STATE GRANT AGREEMENT 12 CFMS No. B04836 STATE OF MINNESOTA GRANT AGREEMENT This grant agreement is between the State of Minnesota, acting through its Commissioner of the MINNESOTA POLLUTION CONTROL AGENCY ("STATE" or "MPCA"), 520 Lafayette Road North, St. Paul, MN 55155-4194 and the METROPOLITAN COUNCIL ("GRANTEE"), 390 North Robert Street, Saint Paul, Minnesota 55101. Recitals 1.Under Minn. Stat. § 116.03 subd 2, the State is empowered to enter into this grant agreement. 2.The STATE is in need of conducting the "Metropolitan Area Watershed Outlet Monitoring Program SFY 2008-2009 " Project. 3.The Metropolitan Council has a comprehensive network of water quality monitoring sites in the Minnesota and Mississippi Rivers Basin and throughout the Twin Cities Area, and has received funding from the Legislature through the MPCA since 1997 to conduct water quality monitoring. 4.Laws of Minnesota 2007, Chapter 57, Article 1, Section 3, Subdivision 2,. provides funding to the MPCA for water quality monitoring, including this Project. 5.The GRANTEE represents that it is duly qualified and agrees to perform all work described in this grant agreement to the satisfaction of the STATE. 6.A start date of July 1, 2007, is necessary and prudent, because the Legislative Appropriation was available and designated, as of that date and, because of the continuous nature of water quality monitoring, work had begun. Grant Agreement 1 Term of Grant Agreement 1.1 Effective date:July 1, 2007 1.2 Expiration date:June 30, 2010, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms.The following clauses survive the expiration or cancellation of this grant agreement: 8. Liability; 9. State Audits; 10. Government Data Practices; 11. Intellectual Property; 13. Publicity and Endorsement; 14. Governing Law, Jurisdiction, and Venue; and 16 Data Disclosure- 2 GRANTEE's Duties The GRANTEE, who is not a state employee, shall conduct the "Metropolitan Area Watershed Outlet Monitoring Program SFY 2008-2009" Project by performing the duties and following the Budget as specified in Attachment A, the Project Work Plan, which is attached and incorporated into this grant agreement. 3 Time The GRANTEE must comply with all the time requirements described in this grant agreement. In the performance of this grant agreement ,time is of the essence. 4 Consideration and Payment 4.1 Consideration .The STATE shall pay for all work performed by the GRANTEE under this grant agreement as specified in the Budget Section of Attachment A. MINNESOTA GRANT AGREEMENT MPCA/EAO Grant (Rev. 6102)-I CFMS No. B04836 X Travel Expenses.Reimbursement for travel and subsistence expenses actually and necessarily incurred by the GRANTEE as a result of this grant agreement shall be provided. The GRANTEE shall be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the commissioner of Employee Relations. The GRANTEE shall not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the STATE's prior written approval for out of state travel.Minnesota shall be considered the home state for determining whether travel is out of state.Funds not used for travel and subsistence expenses may be used for other eligible costs with MPCA approval. Total Obligation .The total obligation of the STATE for all compensation and reimbursements to the GRANTEE under this grant agreement shall not exceed $307,000. 4.2.Payment 1.Invoices.The STATE shall promptly pay the GRANTEE after the GRANTEE presents an invoice for the work specified, and theSTATE's Authorized Representative approves. Invoices must be submitted timely and according to the following schedule: a.Upon execution of this grant agreement and invoice. of the GRANTEE, the:MPCA shall provide an Initial Payment of $143,000. b.Upon invoice and documentation of the proper expenditure of no less than 90 percent of the Initial Payment specified in Clause 4.2(1 a) above, but no sooner than July 31, 2008, the MPCA shall provide a Second Payment of $133,300. c.The STATE shall withhold a minimum of ten percent of the grant award, $30,700, until the STATE is satisfied that the Project has been completed according to the terms of this grant agreement. The GRANTEE shall submit an invoice for the Final Payment upon submittal of the 2008-2009 Biennial Progress Report. 2.State funds.Payments under this grant agreement shall be made from state funds obtained by the MPCA through Laws of Minnesota 2007, Chapter 57, Article 1, Section 3, Subdivision 2. If at any time such funds become unavailable, this grant agreement shall be terminated immediately upon written notice of such fact by the STATE to the GRANTEE. In the event of such termination, the GRANTEE shall be entitled to payment, determined on a pro rata basis, for work satisfactorily performed. 5 Conditions of Payment All work provided by the GRANTEE under this grant agreement must be performed to the STATE's satisfaction, as determined at the reasonable discretion of the STATE's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The GRANTEE shall not receive payment for work found by the STATE to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The STATE's Authorized Representative is David A. Christopherson ,Minnesota Pollution Control Agency, 520 Lafayette Road North, Saint Paul, MN 55155, 651-296-6310 or his successor,. and has the responsibility to monitor the GRANTEE's performance and the authority to accept the work provided Grant (Rev. 6/02) MINNESOTA GRANT AGREEMENT MPCAJEAO 2 CFMS No. B04836 under this grant agreement. If the work is satisfactory, the STATE's Authorized Representative shall certify acceptance on each invoice submitted for payment- The GRANTEE's Authorized Representative is Kent Johnson ,Metropolitan Council Environmental Services ,2400 Childs Road, Saint Paul, Minnesota 55106, 651-602-8117. If the GRANTEE's Authorized Representative changes at any time during this grant agreement , the GRANTEE must immediately notify the STATE. 7 Assignment, Amendments, Waiver, and Grant Agreement Complete 7.1 Assignment.The GRANTEE may neither assign nor transfer any rights or obligations under this grant agreement without the prior consent of the STATE and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant agreement, or their successors in office. 7.2 Amendments.Any amendment to this grant agreement must be in writing and shall not be effective until it has-been executed and approved by the same parties who executed and approved the original grant agreement, or their successors in office. 7.3 Waiver.If either party fails to enforce any provision of this grant agreement, that failure does not waive the provision or that party's right to enforce it. 7.4 Grant Agreement Complete.This grant agreement contains all negotiations and agreements between the STATE and the GRANTEE. No other understanding regarding this grant agreement, whether written or oral, may be used to bind either party. Liability Each party shall be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. The STATE's liability shall be governed by the provisions of the Minnesota Torts Claims Act, Minnesota Statutes § 3.736, and other applicable law. The GRANTEE's liability shall be governed by the provisions of the Minnesota Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. 9 State Audits Under Minn. Stat. § 16C.05, subd. 5, the GRANTEE's books, records, documents, and accounting procedures and practices relevant to this grant agreement are subject to examination by the STATE and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant agreement. 10 Government Data Practices Government Data Practices .The GRANTEE and STATE must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the STATE under this grant agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the GRANTEE under this grant agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in,this clause by either the GRANTEE or the STATE. If the GRANTEE receives a request to release the data referred to in this Clause , the GRANTEE must immediately notify the STATE. The STATE shall give the GRANTEE instructions concerning the release of the data to the requesting party before the data is released. MINNESOTA GRANT AGREEMENT MPCAIEAO Grant (Rev. 6/02)3 CFMS No. B04836 .11 Intellectual Property Rights - Joint ownership of Intellectual Property Rights 11.1 All rights, title and interest to all intellectual property rights, including all copyrights, patents, trade secrets, trademarks, and service marks in the WORKS and DOCUMENTS, shall be jointly owned by the GRANTEE and the STATE. WORKS means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the GRANTEE, its employees, and subcontractors, either individually or jointly with others in the performance of this AGREEMENT. DOCUMENTS shall mean the originals of any databases, computer programs, reports, notes studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the GRANTEE, its employees, or subcontractors, in the performance of this AGREEMENT. The ownership interests of the STATE and the GRANTEE in the WORKS and DOCUMENTS shall each equal fifty percent (50%). The party's ownership interest in the WORKS and DOCUMENTS shall not be reduced by any royalties or revenues received from the sale of the products or the licensing or other activities arising from the use of the WORKS and DOCUMENTS. Each party hereto shall, at the request of the other, execute all papers and perform all other acts necessary to transfer or record the appropriate ownership interest in the WORKS and DOCUMENTS. 11.2.OBLIGATIONS: 1.NOTIFICATION. Whenever any invention ,Improvement ,or discovery (whether or not patentable )is made or conceived for the first time or actually or constructively reduced to practice by the GRANTEE,including its employees and subcontractors, in the performance of this AGREEMENT, the GRANTEE shall upon knowledge thereof,immediately give the STATE's Authorized Representative written notice thereof,and shall promptly furnish the Authorized Representative with complete information and/or disclosure thereon .All decisions regarding the filing of patent ,copyright, trademark or service mark applications and/or registrations shall be the joint decision of the GRANTEE and the STATE,and costs for such applications shall be divided as agreed by the parties at the time of the filing decisions .In the event the parties cannot agree on said filing decisions ,the filing decision will be made by the STATE. 2. REPRESENTATION. The GRANTEE shall not knowingly perform any acts, or take any steps,. with the intent and effect:a) to prejudice the sole ownership of all intellectual property rights in the WORKS and DOCUMENTS by the GRANTEE and the STATE,as agreed herein ,or b) to cause any GRANTEE employee,agent, or contractor to retain any interest in and to the WORKS and DOCUMENTS. The GRANTEE represents and warrants that ,to the best of its knowledge, the WORKS and DOCUMENTS do not and shall not infringe upon any intellectual property rights of others. 11.3.USES OF THE WORKS AND DOCUMENTS: The STATE and the GRANTEE shall jointly have the right to make, have made, reproduce, modify distribute, perform, and otherwise use the WORKS, including DOCUMENTS produced under this AGREEMENT for noncommercial research, scholarly work, governmental purposes, and other noncommercial purposes without payment or accounting to the other party. No commercial development, manufacture, marketing, reproduction, distribution, sales or licensing of the WORKS, including DOCUMENTS, shall be authorized without a future written contractual agreement between the parties. Grant (Rev. 6/02) MINNESOTA 4 GRANT AGREEMENT MPCA/EAO CFMS No. B04836 11.4.POSSESSION OF DOCUMENTS: The DOCUMENTS may remain in the possession of the GRANTEE. The STATE may inspect any of the DOCUMENTS at any reasonable time. The GRANTEE shall provide a copy of the DOCUMENTS to the STATE without cost upon the request of the STATE. 11.5 SUITABILITY:The rights and duties of the STATE, and the GRANTEE,provided for above, shall survive the expiration or cancellation of this Agreement. 12 Workers'Compensation The GRANTEE certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage, if applicable. The GRANTEE's employees and agents shall not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the STATE's obligation or responsibility. 13 Publicity and Endorsement 13.1 Publicity.Any publicity regarding the subject matter of this grant agreement must identify the STATE as the sponsoring agency. For purposes of this provision, publicity includes notices, informati©nal pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the GRANTEE individually or jointly with others, or any subcontractors, with respect to the program, publications, or work provided resulting from this grant agreement. 13.2 Endorsement .The GRANTEE must not claim that the STATE endorses its products or services. 14 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant agreement. Venue for all legal proceedings out of this grant agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 15 Termination 15.1 Termination by the Parties.Either the STATE or the GRANTEE may cancel this grant agreement at any time, with or without cause, upon 30 days' written notice to the other party. Upon termination, the GRANTEE shall be entitled to payment, determined on a pro rata basis, for work satisfactorily performed. 15.2 Termination for Insufficient Funding.The STATE may irnmedi ely teimittate'this rgitnt agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the GRANTEE. The STATE is not obligated to pay for any services that are provided after notice and effective date of termination. However, the GRANTEE will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available- The STATE will not be assessed any penalty if the grant agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The STATE must provide the GRANTEE notice of the lack of funding within a reasonable time of the STATE's receiving that notice. MINNESOTA Grant (Rev. 6/02) GRANT AGREEMENT MPCA/EAO CFMS No. B04836 16 Data Disclosure Under Minn. Stat. § 270.66, and other applicable law, the GRANTEE consents to disclosure of 'its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the STATE, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the GRANTEE to file state tax returns and pay delinquent state tax liabilities, if any. 1.STATE ENCUMBRANCE VERIFICATION 3.STATE AGEEN Y: MINNESOTA POLII UTION CONTROLZ.1 " 'AGENCY Individual certifies thatfunds have been encumbered as required by Min lSat. § §16AA5 and 16C.05.By: (with d Signed :'Title: /Date: CFMS Grant Agreement No- B04836 2.GRANTEE :METROPOLITAN COUNCIL The GRANTEE certifies that the appropriate person(s) have executed the grant agreement on behalf of the GRANTEE as required by plicable articles, bylaws ,resolutions ,or ordinances. 6-^ Am Title: Date: By: Title:Genera l Manaqnr Metropolitan Council ^,2-^^Date:nvironmental S ervi ces Distribution: Agency Grantee States Authorized Representative - Photo Copy Grant (Rev. 6102) k,::r,"-kM,5?-W A&M MINNESOTA GRANT AGREEMENT 6 MP CA/EAO Attachment A METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES (MCES) INTERAGENCY WATER MONITORING INITIATIVE METROPOLITAN AREA WATERSHED OUTLET MONITORING PROGRAM 2008-2009 WORKPLAN Background: Minnesota Statute 473.157, Water Resources Plan states: "To help achieve federal and state water quality standards, provide effective water pollution control, and help reduce unnecessary investments in advanced water treatment, the Metropolitan Council shall adopt a water resources plan that includes management objectives and target pollution loads for watersheds in the Metropolitan Area." Water quality monitoring information is needed for assessing current watershed conditions, developing total maximum daily (pollutant) loads (TMDLs) in cooperation with the Minnesota Pollution Control Agency (MPCA) and local partners, and measuring progress toward achievement of TMDL goals and water quality standards, as non point source best management practices (BMPs) are implemented in these watersheds. In 2006, MCES and MPCA executed an interagency agreement that pledges MCES support for water quality monitoring and modeling of Metropolitan Area streams, as a key part of the TMDL planning process. To date, MCES has established 26 automated stream monitoring sites in 23 of 46 Metro Area watersheds draining to the Mississippi, Minnesota, and St. Croix Rivers, for measurement of stream flow, water quality, and pollutant loads. Of these 26 sites, 9 sites in 6 watersheds are being monitored by the MCES Nonpoint Source Program (100% MCES funding), while 9 sites in 9 watersheds are being monitored by the Watershed Outlet Monitoring Program, Phase 1 (WOMP 1). With funding provided by the State of Minnesota during the 1998-1999, 2000-2001, 2002-2003, 2004-2005, and 2006-2007 bienniums, via MPCA grants, an additional 8 sites in 8 watersheds are being monitored by the Watershed Outlet Monitoring Program, Phase 2 (WOMP2). Objective: Operate and maintain the 8 WOMP2 monitoring sites established during the 1998-1999, 2000-2001, 2002-2003, 2004-2005, and 2006-2007 bienniums, for measurement of stream flow, water quality, and pollutant loads. The monitoring work described below (see Monitoring Description )will complement MCES monitoring of stream flow, water quality, and pollutant loads at 18 sites in 15 Metro Area watersheds, which has been ongoing since 1988. This monitoring initiative will support the Environmental Quality Board's (EQB) state water plan: "Minnesota Watermarks: Gauging the Flow of Progress 2000-2010", as well as priorities for the 2008-2009 biennium, as detailed in the EQB report: "Protecting Minnesota's Waters: Priorities for the 2008-2009 Biennium". In addition, the program will support the MPCA's "Minnesota's Water Monitoring Strategy: 2004-2014", as well as the goals detailed in Chapter 5 of the MPCA's "Minnesota 2006-20 10 Nonpoint Source Management Program Plan". I Attachment A Partners: Local partners will continue to include the Bassett Creek Watershed Management Organization, the Lower Minnesota River, Riley-Purgatory-Bluff Creek, and Valley Branch, Watershed Districts, the Dakota County and Wright County Soil and Water Conservation Districts (SWCDs), the Minneapolis Park and Recreation Board, and the St. Croix Watershed Research Station (Science Museum of Minnesota). To support and encourage the participation of local partners, MCES provides $4,000.00 of state funding per year for each monitoring site, to help offset each local partner's costs for monitoring labor, mileage, and materials and supplies.MCES then uses the remainder of the state funding to pay all costs for monitoring equipment, monitoring station maintenance, utilities, laboratory analysis of water samples, program coordination, data management, and report preparation. Monitoring Type: Condition Monitoring and Problem Investigation Monitoring Monitoring Description: During the 1998-1999, 2000-2001, 2002-2003 ,20 04.005,.and 2006-2007 bienniums, long -term22 water quantity/quality monitoring sites were established and operated at the outlets of 8 Mississippi, Minnesota, and St. Croix River tributaries throughout the Metropolitan Area.Monitoring sites on Mississippi River tributaries include Bassett Creek, Cannon River, Crow River, and Minnehaha Creek.Monitoring sites on Minnesota River tributaries include Eagle Creek, Riley Creek, and Willow Creek. Valley Creek, tributary to the St. Croix River, also has a monitoring site. These sites have been established and operated in partnership with local units of government (see above). =To ensure consistency and quality of the monitoring inforriuation obtained, MCES provides program oversight and coordination, technical guidance, and assistance with site set-up, maintenance, and operation.Monitoring sites will be operated by local partners, to the extent possible. Citizen involvement in the monitoring effort will also be encouraged as opportunities arise. At each monitoring site, stream flow, temperature, and specific conductance will be continuously measured with on-site instrumentation and dataloggers.Where feasible, precipitation will also be measured with an on-site, datalogging rain gauge. During precipitation and runoff events (generally during the March-October period), automated samplers will composite water quality samples over the event hydrograph. Grab'samples will be obtained during stream baseflow conditions. Monitoring of stream biota (biomon:itoring) will be incorporated into the monitoring effort to the extent practical. Local partners will download dataloggers, help maintain sites and instrumentation establish and maintain stream rating curves, and collect and submit water quality samples (chemical .and biological). For more information on MCES stream monitoring protocols, please refer to the document: "Metropolitan Council Environmental Services Quality Assurance Program Plan: Stream Monitoring" at: http://www.metroc ouncil.or environment /RiversLakes/StreamsIStream %2OMonitoring%20QAP- P_Final.pdf 2 Attachment A The MCES Laboratory Services Section will analyze the water quality samples collected by local partners.Water quality samples will typically be analyzed for a number of chemical water quality variables, including: pH, specific conductance, chloride, turbidity, alkalinity, hardness, total and volatile suspended solids, biochemical oxygen demand, chemical oxygen demand, total organic carbon, several forms of nitrogen and phosphorus, chlorophyll-a, coliform bacteria, and select metals (Cd, Cr, Cu, Pb, Ni, Zn). Synthesis and management of all data/information obtained from the monitoring sites will be conducted by the MCES Environmental Monitoring and Assessment Section. Monitoring information will be provided to the local partners on an annual basis, so that the information can be used for documenting water quality trends, identifying water quality problems, preparing and updating watershed and local comprehensive plans, preparing TMDL plans, and implementing watershed best management. practices (BMPs) for nonpoint source pollution abatement, as appropriate. Data and Reporting: WOMP Data All program monitoring data obtained during the 2008-2009 biennium, including field data, continuous monitoring data (stream flow, temperature, and specific conductance), precipitation data, laboratory data, and biological monitoring data, will be available to the MPCA through the MCES Environmental Information Management System (EIMS) and/or on an as-requested basis. Biennial Progress Report The MCES Environmental Monitoring and Assessment Section will prepare a biennial progress report (for 2008-2009) on the status of the "Metropolitan Area Watershed Outlet Monitoring" Program. The 2008-2009 progress report will provide a biennial summary of the program, including program accomplishments and results, measures of monitoring success, recommendations for continuing the monitoring (or not), recommendations for modifying the monitoring approach (if needed), and a suggested budget for the 2010-2011 biennium. The 2008-2009 biennial progress report will be provided to the MPCA by August 31, 2009. Attachment A Budget: $307,000 for the 2008-2009 biennium (includes 1.0 FTE): $139,000 in fiscal year 2008; $168,000 in fiscal year 2009. A more detailed two-year budget is presented below. 2008 (July 1, 2007 -June 30, 2008) Labor: MCES Staff (Salary/Benefits/OT for .1.0 EMA FTE):$ 73,500 Local Monitoring Partners:$ 16,000 MCES Analytical Costs:$ 22,000 Monitoring Site and Equipment Maintenance:$ 10,000 Monitoring Materials and Supplies:$3,000 Monitoring Equipment (Capital):$3,000 Office Supplies:$ .1,000 MCES Vehicle Expense (Fuel and Repairs):$1,500 Monitoring Site Utilities:$8,400 Training and Travel (MCES Staff):$600 . Total 2008:$ 139,000 2009 (July 1, 2008 - June 30, 2009) Labor: MCES Staff (Salary/Benefits/OT for 1.0 EMA FTE):$ 80,000 Local Monitoring Partners:$ 32,000 MCES Analytical Costs:$ 29,000 Monitoring Site and Equipment Maintenance:$ 10,000 Monitoring Materials and Supplies:$3,000 Monitoring Equipment (Capital):$3,000 Office Supplies:..$.1,000 MCES Vehicle Expense (Fuel and Repairs):$1,600 Monitoring Site Utilities:$8,650 Training and Travel (MCES Staff):$750 Total 2009 :$ 168,000 4 Attachment A Contact: Kent Johnson Phone: 651-602-8117 Manager FAX: 651-602-8220 Environmental Monitoring and Assessment Section E-Mail: kent-johnson@metc.state.rnn.us Metropolitan Council Environmental Services 2400 Childs Road St. Paul, MN 55106 Leigh Harrod Phone: 651-602-8085 Senior Environmental Scientist FAX: 651-602-8220 Environmental Monitoring and Assessment Section E-Mail: Ieigh_harrod@metc.state.mn.us Metropolitan Council Environmental Services 2400 Childs Road St. Paul, MN 55106 5 CITY COUNCIL AGENDA DATE: October 16 2007SECTION: Consent Calendar , DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.F. Marc Thielman, Facilities Police Training Room Remodel Division Supervisor Requested Action Move to approve contract with Doran Construction Inc. for the Police Training Room remodeling project. Synopsis CoInp@ny Quote McFarland Construction $31,930.00 Doran Construction $26,594.00 Background Information The Facilities Division sought out quotes from two vendors to fir out the walls ,insulate ,drop the ceiling height and move electrical ,HVAC ,and fire protection to change the dynamics of the room for use as a classroom. It is our intention to change the Training Room into a much more useable space by changing the wall structure ,venting and ceiling height to make a classroom setting.Currently the room is a basic storage and occasional meeting area. Attachments Quotes DORAN CONSTRUCTION September 5, 2007 Mr. Mike Thielman,Building Supervisor City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344-4485 Dear Mark, Thank you for the opportunity to provide the quote for remodeling at your police training facility in Eden Prairie City Hall.We propose to furnish and install necessary labor and materials to perform the work as shown on the attached scope of work and floor plan for the lump sum of Twenty-Two Thousand Five Hundred Twenty-Four Dollars ($22,524.00). For this price we have included extension of HVAC only not additional sound attenuation .If additional sound attenuation is required and done during the construction phase add $4,070.00. We have also assumed that no building permit is required as this is in the City of Eden Prairie property.We have not included any cost for same. We would it be available to start work on this project with you immediately?We look forward to the opportunity of working with you, Paul and the City of Eden Prairie. If you should have any questions or comments please don't hesitate to call. Enclosure 7803 Glenroy Road, Suite 200 Bloomington, MN 55439 952-288-2000 Fax: 952-288-2001 www. DoranCompanies.com September 4, 2007 Mc FARLAN D CONSTRUCTION COMPANY Mr. Marc Theilman City of Eden Prairie 8080 Mitchell Road Eden Prairie ,MN 55344-4485 Re: Eden Prairie City Center Police Training Room Dear Marc, We submit for your consideration our quote for the Police Training Room at Eden Prairie City Center as requested. We have included removal of the existing acoustic ceiling ,insulated metal framing and drywall furring over the existing concrete and masonry walls, vinyl base ,paint new walls ,lowered acoustic ceiling with reused panels ,sprinkler modifications ,HVAC modifications, electrical modifications, and clean -up of our work. The cost for this work would be $27 ,860.00. As an alternative if you would like to control noise better you can add a ducted return air system and add insulation to the supply air system for an added $4,070.00. Please call us if you have any questions regarding this work or quote. Very Truly Yours, Tim McFarland President 9821 Valley View Road Eden Prairie ,Minnesota 55344 Phone: (952) 936-7662 Fax: (952) 936-7664 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda October 16, 2007 ITEM NO.:VIII.G. DEPARTMENT /DIVISION:ITEM DESCRIPTION: Information Technology Lisa Wu/Adam Feidt Purchase of Trimble GPS Hardware and Software Requested Action Move to: Approve purchase of Trimble GPS Hardware and Software from Frontier Precision for the amount of $25,527.74. Synopsis The Information Technology Division is requesting permission to purchase a new Trimble GPS Unit to be shared by all departments for city wide data collection. The money for the purchase of the unit will come out of the Information Technology budget. Background Over the past few years there has been an increasing need to collect highly accurate location data to track such items as utilities, property corners, and inventory items. Due to this increasing demand for data collection, our original Trimble GPS Unit is not sufficiently available for all departments to use on an as needed basis. Currently the original Trimble GPS Unit is tied up in use by the Engineering Department to help collect and maintain the Storm /Sewer and Sanitary/Sewer sites .Engineering also plans to start collecting inventory locations for signs ,street lights, bridges, and traffic lights. In Engineering alone there is enough work to keep one Trimble GPS Unit tied up for the next few years. The Parks Division has a variety of uses that can help save the city time and money in everyday processes. The Parks Division would like to shoot locations for park property lines, so that if in dispute, we have an accurate way of representing the park properties. They also would like to shoot points to help paint lines for its many recreation programs. Painting the lines for the many soccer fields and football fields can be a very time consuming activity.With the help of an accurate GPS unit to locate these corners, time and money can be saved. Attachments Proposals Vectors, Inc. PRICE QUOTATION October 12, 2007 TO: City of Eden Prairie PHONE: 952-949-8443 Attention: Adam Feidt 8080 Mitchell Rd Eden Prairie ,MN 55344 PART NO DESCRIPTION QTY UNIT PRICE EXTENDED PRICE TRIMBLE R8 MODEL 2 GNSS ROVER KIT, 0 R8201-50 SC / SW, 0 RADIO 50589-00 PROD R8/5800 ROVER KIT 1 22,310.00 22,310.00 53658-10 Base - Base & Rover Transport Case (5800 and R8) CU-TSC2 w/SC, No Internal Radio 53701-00 Power Boot Module 56064-00 Hand Strap 53688-00 Data CollectorTSC2111153703-00 Pouch 1 5 595.00 5 595.00053704-00 Stylus Pen ,, 56047-00 Pull Tabs-TSC2 PPC Companion CD 55995-00 USB Download Cable 56199-00 Getting Started Guide 53708-00 Power Supply Accessory-TSC2 GPS Kit 56044-00 32960 Cable Lemo to DB9 1 320.00 320.00 53705-00 TSC2 Range Pole Bracket 43169-00 Rod -2.Om Carbon Fiber Range Pole with Bipod 1 495.00 495.00 Office Software -Trimble Geomatics Office39843-30 1 1 495.00 1 495.00v1.62,Basic Kit ,, EWR8-TRIMBLE R81-Year Firmware Extended 1 400 00 400 00FW-YR Warranty .. EWTSC2-TSC2 with Trimble Survey Controller Extended 1 580 00 580 00SCWarranty.. EQUIPMENT PRICE $31,195.00 TAX N/A SHIPPING $175.97 TOTAL PRICE $31,370.97 COMMENTS: *A FCC license is required for Trimmark 3 or Pacific Crest Radios. For Assistance in acquiring this license call Linda Simmon of ATLAS at 1-800-252-0529 PRICE QUOTE IS GOOD FOR 30 DAYS •Vectors,Inc.•5500 PINO AVE. NE -ALBUQUERQUE, NM 87109 •Phone :505-821-3044 Tax: 505 -821-3142 F ...........- BLOOMINGTON,MN 55425 ST. CLOUD,MN 56303 877.698 .3077 800.944.8557 952.698 .3080 FAX 320.654 .6520 FAX CUSTOMER INFORMATION COMPANY City of Eden Prarie CONTACT Adam Feidt ADDRESS 8080 Mitchell Rd QUOTE ISSUED ON:2-Oct-0 EMAIL afeidt@edenorarie .org CITY Eden Prarie ACCEPTED BY: PHONE 952 -949-8300 STATE MN SIGNATURE: FAX 952-949-8334 ZIP 55344-4485 PRODUCT /SERVICE DESC .PN QTY PER UNIT PRICE TOTAL RIMBLE R8 GNSS RTK ROVER KIT -No internal radio R8201 -50 1 $20 ,079.00 $20,079.0 RIMBLE TSC2 CONTROLLER RUNNING SC11.xx SW W/O INTERNAL RADIO TSC216 1 $5,035 .50 $5,035.5 RIMBLE TSC2 GPS ACCESSORY KIT 56044-00 1 $445.50 $445.5 rimble Geomatics Office Software 39843-ts 1 $270.00 $270.0 RIMBLE ROVER DISCOUNT 48237-00 1 -$2,250.00 -$2,250.0 T rimble cell phone pouch 47926-00 1 $27.00 $27.0 Item not on the state contract eco 2 meter Snaplock Carbon Fiber Rangepole 5128 -20 1 $329 .00 $329.0 SUBTOTAL $23,936.0 ORDER INFORMATION:SHIPPING / FREIGHT TAX $1,591.7 TRIMBLE PRICING REFLECTS MN STATE CO NTRACT 433-769 TOTAL $25 ,527.74 QUOTE 1 .1 NnTF. ni inTF VAI Tn WTTHTN RO HAYS nF TSSI IFn nATF TFRMS MI IST RF FSTARI TSHFn PRTCTR Tn SAI F nF TTFMS_ / 1906 7TH ST N Dustin Harr CITY COUNCIL AGENDA DATE: SECTION:Consent Calendar October 16, 2007 DEPARTMENT /DIVISION:ITEM DESCRIPTION :ITEM NO.: VIII.H. Rod Rue Approve Professional Services Public Works /Engineering Agreement with Aero-Metric, Inc. for LIDAR Data Purchase Requested Action Move to:Approve Professional Services Agreement with Aero-Metric, Inc. for LIDAR Data purchase, in the amount of $43,740. Synopsis This Agreement provides the City with LIDAR (Light Detection and Ranging) data points collected from aircraft-mounted lasers.These data points will allow us to create a high- resolution digital elevation model (topographic map) for the City, as well as other optional features.We were presented this opportunity by the Army Corp. of Engineers (COE) to join in their proposed LIDAR flight project over the Minnehaha Creek Watershed District in St. Louis Park.The COE has contracted with Aero-Metric, Inc. to collect LIDAR data over Minnehaha Creek Watershed District within the next few weeks. By contracting with Aero-Metric, Inc. at this time and taking advantage of this opportunity, we will save money on the flight portion, since the COE will be picking up a substantial amount of the flight mission expenses. We propose to use the Storm Water Utility Fund to finance this entire project. Background Information This proposed contract represents a substantial savings over what we had received in "budget quotes from Aero-Metric, Inc. earlier this year. The quote they provided to us was for $80,000 and proposed to utilize on older aerial data collection technology based on 2006 flight data. This project will provide "yet to be collected 2007 LIDAR data, which is an advanced digital collection technology. Attachments 0 Professional Services Agreement with Aero-Metric, Inc. K F1 i.•^Ii.^i PHOTOGRAMMETRY n LIDAR n GEOSPATIAL DATA SOLUTIONS 4071004.01 October 9, 2007 Mr. Rod Rue, P.E. Assistant City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: 2007 Eden Prairie LiDAR Mapping Dear Mr. Rue: Midwest Region 13400 68th Avenue North Maple Grove, MN 55311-3515 Phone: 763-420-9606 Fax: 763-420-9584 www.aerometric.com As instructed, this letter will serve as our fee schedule and supplement to the City of Eden Prairie's Standard Agreement for Professional Services.Attached as part of this Agreement is the Scope of Work, LiDAR Data Purchase for Minnehaha Creek Watershed District-Hennepin County, for the Corps of Engineers (St. Paul District) Contract / P.O. Agreement No. W912 ES-04-D-0003 as Exhibit A. Exceptions to the above Scope of Work are noted below.We have enclosed a City supplied map of Eden Prairie showing the project area mapping limits. Deliverables: All LiDAR data set deliverables as listed in Section 3 .5 will be sent to the City of Eden Prairie.All LiDAR data will be furnished in Hennepin County NAD 83 (non-Ham) horizontal NAVD 88 vertical datums. This replaces the Corp of Engineer's UTM Zone 15 datum requirement as listed in the Scope of Work. In addition, deliverables listed in Section 3.5.8, vegetation and building layers, will be validated/verified.We intend to utilize our 2006 Hennepin County orthophoto imagery for a check analysis of those features. Anchorage, AK . Fort Collins, CO . Minneapolis, MN . Kansas City, MO . Albuquerque, NM . Dallas, TX Dulles, VA n Virginia Beach, VA n Seattle, WA . Chilton, WI . Sheboygan, Wl AzRO -mzrRIc, mc. Fee Schedule: For the Scope of Work listed, our costs are as follows: 1)LiDAR Data Set, Eden Prairie .................. $38,740.00 2)Verify Vegetation and Building LiDAR Data ....... $3,200.00 3)Transform LiDAR Deliverables to Hennepin County Datum ....................... $1,800.00 TOTAL ....................... $43,740.00 PAYMENT TERMS AND CONDITIONS Fees, as stated, shall remain in effect until November 1, 2007 .If acceptance occurs after this date, we reserve the right to revise our fee and resubmit this agreement (in whole or in part) based on the present conditions. AERO-METRIC, Inc. will at a minimum, submit monthly invoices for the percentage of the work completed during the billing period. Terms of payment will be net due 30 days from the date of invoice, and will be subject to a 1.5% service charge on the balance each month thereafter. Unless Client provides AERO-METRIC, Inc. with a written statement of any objections to the invoice within 15 calendar days from the date of invoice, Client shall be deemed to accept the invoice as submitted. A copy of our Insurance Certificate, as required, will be forwarded to the City under separate cover.We are in agreement with all terms and conditions of the City's Agreement for Professional Services. AERO-METRIC, Inc. is pleased to provide the City with the above information and looks forward to working with your staff again. If you have any questions regarding the enclosed documents, please feel free to contact myself or Mr. Marvin E. Miller, V.P./General Manager at 763-420-9606. Thank You. Sincerely, AERO-METRIC, Inc. Robert E. Swanson Technical Representative/ Business Development Standard Agreement for Professional Services This Agreement is made on the day of ,20 ,between the City of Eden Prairie ,Minnesota (hereinafter "City"),whose business address is 8080 Mitchell Road, Eden Prairie ,MN 55344 ,and AERO-METRIC, Inc.,a Minnesota (hereinafter "Consultant ")whose business address is i 3 4 0 0 6 8th Ave Maple grove, MN 55311-3515 Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects .That policy requires that persons ,firms or corporations providing such services enter into written agreements with the City.The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for LiDAR Data Set Collection hereinafter referred to as the "Work". The City and Consultant agree as follows: 1.Scope of Work/Proposaf.The Consultant agrees to provide the professional services shown in Exhibit "A" in connection with the Work .The terms of this standard agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. 2.Term .The term of this Agreement shall be from 10/15/07 through 5/1/08 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3.Compensation for Services .City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 43,740.00 for the services as described in Exhibit A.Lump Sum A.Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council.The City will not pay additional compensation for services that do not have prior written authorization. B.Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C.If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4.City Information.The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A.Access to the Area.Depending on the nature of the Work,Consultant may from time to time require access to public and private lands or property.As may be necessary, the N. 1 City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B.Consideration of the Consultant 's Work .The City shall give thorough consideration to all reports ,sketches ,estimates ,drawings ,and other documents presented by the Consultant,and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C.Standards .The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to ,design and construction standards that may be required in the preparation of the Work for the Project. D.Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions ,receive information ,interpret ,and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5.Method of Payment.The Consultant shall submit to the City ,on a monthly basis ,an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A.Progress Payment .For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name ,job title ,the number of hours worked, rate of pay for each employee ,a computation of amounts due for each employee ,and the total amount due for each project task .Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses ,if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City.Each invoice shall contain the City 's project number and a progress summary showing the original (or amended )amount of the contract ,current billing ,past payments and unexpended balance of the contract. B.Suspended Work .If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C.Payments for Special Consultants .The Consultant shall be reimbursed for the work of special consultants ,as described in Section 3B ,and for other items when authorized in writing by the City. D.Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement :"I declare under penalty of perjury that this account ,claim, or demand is just and correct and that no part of it has been paid." 6.Project Manager and Staffing .The Consultant has designated Miles D. Strain and Robert E. Swanson to serve on the Project .They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein.Consultant may not remove or replace these designated staff from the Project without the approval of the City. 2 7.Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County ,Minnesota for professional services of the like kind. 8.Audit Disclosure.The Consultant shall allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9.Termination .This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10.Subcontractor.The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work,without the express written consent of the City .The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10 )days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor .If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month .The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor .A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney 's fees ,incurred in bringing the action. 11.Independent Consultant.At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City.No statement herein shall be construed so as to find the Consultant an employee of the City. 12.Non-Discrimination .During the performance of this Agreement ,the Consultant shall not discriminate against any employee or applicants for employment because of race ,color ,creed, religion ,national origin ,sex, marital status ,status with regard to public assistance ,disability, sexual orientation or age .The Consultant shall post in places available to employees and applicants for employment ,notices setting forth the provision of this non -discrimination clause and stating that all qualified applicants will receive consideration for employment.The Consultant 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 .The Consultant 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. 13.Assignment.Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 3 14.Services Not Provided For.No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15.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 Agreement. 16.Entire Agreement.The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17.Compliance with Laws and Regulations .In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. 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 the City to immediately terminate this Agreement. 18.Waiver.Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19.indemnification .Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims,damages ,costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Consultant, its agents ,employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. 20.Insurance. A.General Liability.Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverage's and limits of liability specified in Paragraph 20 B. below, or required by law. This policy shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be the primary coverage in the event of a loss.The policy shall also insure the indemnification obligation contained in Paragraph No. 19. B.Consultant shall procure and maintain the following minimum insurance coverage's and limits of liability on this Project: Worker's Compensation Statutory Limits 4 Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial Liability $1,000,000 property damage per occurrence $2,000,000 general aggregate $2,000,000 Products - Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit Umbrella or Excess Liability $2,000,000 C.Professional Liability.The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as the Consultant, if such legal liability is caused by a negligent act, error, or omission of the insured or any person or organization for which the insured is legally liable.Said policy shall provide an aggregate limit of $2,000,000. D.The Commercial General Liability policy shall be endorsed to have the General Aggregate apply to this Project only. E.The Commercial General Liability insurance required under this section applies on a per project basis, shall be written on an occurrence form and shall include coverage for Products/Completed Operations (extending two (2) years after completion of the Work, Broad Form Property Damage including Completed Operations, Personal Injury with Employment Exclusion (if any) deleted, Blanket XCU, Incidental Malpractice, Host Liquor Liability,and Blanket Contractual Liability insurance applicable to the Consultant's defense and indemnity obligations assumed by Consultant under this contract. Coverage will include both work in process (ongoing) and completed work (completed operations) CG2010 (11/85) or equivalent. Commercial General Liability insurance shall include "stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. Comprehensive Automobile Liability insurance required under this paragraph shall also include coverage for all owned, hired and non-owned automobiles.Workers' Compensation coverage shall include a waiver of subrogation against City. F.Consultant shall maintain in effect all insurance coverage's required under this Article at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. G.The policy shall contain a provision that coverage's afforded there under shall not be canceled or non-renewed or restrictive modifications added, without thirty (30) days prior written notice to Owner. A copy of the Consultant 's insurance declaration page, Rider or Endorsement ,as applicable ,which evidences the existence of this insurance coverage naming the City as an additional insured ,must be filed with 5 City prior to the start of Consultant 's Work .Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City not less than ten (10) days prior to the expiration date of any of the required policies. City will not be obligated, however, to review such declaration page, Rider,Endorsement or certificates or other evidence of, insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. 21.Records Access. The Consultant shall provide the City access to any books, documents, papers, and records which are directly pertinent to the specific contract, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this contract are closed. 22.Ownership of Documents.All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Reuse of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any reuse of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party reusing the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23. 24.Dispute Resolution/Mediation .Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party.Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties.Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 25.Audits.The books ,records ,documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. 26.Governing Law.This Agreement shall be controlled by the laws of the State of Minnesota. 6 27.Conflicts .No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void .Any federal regulations and applicable state statutes shall not be violated. 28.Counterparts .This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME AERO-METRIC, Inc. 7 EX 1 81T' Scope of Work LiDAR Data Purchase For Minnehaha Creek Watershed District -Hennepin County 25 September 2007 1.Description of Work and Required Product 1.1.The St. Paul District, U.S. Army Corps of Engineers requires a high-resolution digital elevation model developed from LiDAR data for the Minnehaha Creek Watershed District located in Hennepin County. 1.2.A nominal point spacing of 1 meter and vertical accuracy of 15 centimeters (NSSDA RMSEz) are required. 2.Intellectual Property: All deliverables developed during this contract will be the property of the U.S. Army Corps of Engineers. 3.Contractor's Duties 3.1.Performance Standards :The underlying performance standards for this project are the Federal Emergency Management Agency's (FEMA's) "Guidelines and Specifications for Flood Hazard Mapping Partners, Appendix A: Guidance for Aerial Mapping and Surveying." This document will be referred to as "FEMA's Appendix A" in the remainder of this document. The most current version of Appendix A can be obtained from the following website: (http://www.fema.gov/plan/prevent/fhm/dl c s.shtm). Portions of this RFP may exceed FEMA's specifications and therefore the more stringent requirements must be met. If a performance standard is not covered in this RFP, FEMA's standards govern and must be met. 3.2.Information Supplied by the Government 3.2.1.ESRI shape file of the project area boundaries. 3.2.2.One (1) meter 2003 digital orthophoto imagery from the USDA - Farm Service Agency. The imagery is provided in UTM Zone 15 datum. The imagery can be obtained from the following website: http://deli.dnr.state.mn.us/data search.html 3.3.Project Area: The project area consists of the entire Minnehaha Creek Watershed with the exception of those areas located in the City of Minneapolis or Carver County. The project area is shown on Figure 1. All data provided shall be contiguous and free from gaps in data between adjacent areas collected. 3.4.Mission Preparation and Planning 3.4.1.Geodetic Control: Geodetic control is the responsibility of the Contractor. Geodetic control information is available through the State of Minnesota, Department of Transportation's geodetic database. The database can be accessed via the following website: http://www.olmweb.dot.state.mn.us/Inside LM/Geodetic Home/Geodetic DataBaseI eodetic database.html 3.4.2.Flight Path Planning :In general FEMA's Appendix A, Section A.8.3.3 shall be followed.As stated in the Contractor's proposal,all missions shall be flown when the PDOP is less than 3.2, at least 6 satellites are available, and the Kp index is less than 4. The flight plan shall include the planned flight lines, flight line numbers, and the coverage area. The flight plan shall be submitted for approval prior to initiating the LiDAR mission. 3.4.3.Allowable Weather Conditions :Inclement weather conditions have been known to degrade the accuracy of laser return data. Therefore, the Contractor shall generally avoid missions during inclement weather. Data shall not be collected when: 3.4.3.1.Rain, virga, fog, smoke, dust, ice, mist or low clouds obscure air conditions beneath the aircraft. 3.4.3.2.Turbulence is moderate to severe or a cross wind of 25 knots or more exists. 3.4.3.3.The dew point exceeds or is within 2 degrees of relative temperature. 3.4.4.Time of Year Requirements :Care must be taken in planning missions with regard to both natural (vegetative) and manmade (structure) ground cover. Optimum DEM construction requires the condition of vegetation must influence the timing of flights. For purposes of this project, LiDAR collection flights shall be conducted during leaf- off and no snow cover conditions in the fall of 2007. 3.4.5.Floods and Standing Water: LiDAR collection shall not take place when the area to be collected is experiencing significant flooding or an excessive amount of standing water. Close coordination with the St. Paul District shall be necessary to ensure this condition is met. Primary POC for water levels is Jim Noren (651) 290-5626 and an alternate is Dan Reinartz (651) 290-5613. 3.4.6.GPS Control: Part 1, "Reporting Methodology (FGDC-STD-007.1)," and Part 2, "Standards for Geodetic Networks (FGDC-STD-007.2)," of the Geospatial Positioning Accuracy Standards, published by the Federal Geographic Data Committee (FGDC) in 1998, provide a common methodology for determining and reporting the accuracy of horizontal and vertical coordinates for geodetic control points (survey monuments). Additional guidance is included in NOAA Technical Memorandum NOS NGS-58, "Guidelines for Establishing GPS-Derived Ellipsoid Heights (Standards: 2 cm and 5 cm)," dated November 1997. The GPS control guidance in FGDC-STD-007.1, FGDC- STD-007.2 and in FEMA's Appendix A shall be followed. GPS errors constitute the major contribution to LiDAR vertical and horizontal errors, and therefore the Contractor shall perform data collection under optimum GPS conditions. 3.4.7.Horizontal Accuracy Requirement :Horizontal point accuracy shall be 0.5 meter RMSE or better. The Contractor must report the expected horizontal accuracy of elevation products as determined from system studies or other methods. 3.4.8.Vertical Accuracy Requirement :Vertical point accuracy shall be 15 centimeters RMSEz. 3.4.9.Pre-Flight Submittals :Ten (10) working days prior to data collection the contractor must submit the following information: 3.4.9.1.The Contractor shall submit a map (at a medium scale of 1:50,000 or a small scale of 1:100,000) showing the collection area boundaries and the planned flight paths. 3.4.9.2.Documentation specifying altitude, air speed, scan angle, scan rate, LiDAR pulse rates, and all flight and equipment information deemed appropriate. All procedures, processes, checklists and PDOP and Kp-index planning documentation shall also be submitted. 3.4.9.3.A flight schedule. 3.4.9.4.The proposed ground control plan including NGS data sheet documentation and established GPS control sites .If necessary, the Contractor shall obtain all Right-of-Entry requirements. 3.4.10 .Pre-Flight Meeting: A formal meeting is not required, but if concerns arise during the mission preparation and planning process, the Government or the Contractor may call for a formal pre-flight meeting to resolve issues before the start of LiDAR collection. The Government and the Contractor will negotiate the time and place of the meeting. 3.4.11 .Pre-Flight Notification :The Contractor shall notify the Project Officer 48 hours prior to the start of LiDAR data collection. This notification shall be written and shall be delivered via mail, facsimile, or email. A "Notice to Proceed " shall be obtained from the Government before the start of LiDAR collection. The "Notice to Proceed" will be a written statement from the Project Officer that will be delivered via email or facsimile .Work will commence ASAP after award and notice to proceed by COE contracting officer. 3.5.Deliverables :The Contractor shall deliver the following: 3.5.1.Deliverable #1 - ALL RAW DATA: All raw (post-calibrated, pre-filtered) mass point LiDAR data files shall be delivered. All raw LiDAR data collected outside the project area (defined by the shapefile mentioned in section 3.2.1) shall be delivered. 3.5.1.1.Horizontal data shall be provided in UTM Zone 15, NAD83 Datum. 3.5.1.2.Elevation values (z) shall be provided in integer centimeters with 1 cm resolution in the NAVD88 datum. 3.5.1.3.The data shall be provided in LAS (version 1.1 or newer) format. 3.5.1.4.All raw LiDAR data will be provided in separate data sets and adhere to the latest ASPRS standard. Each file will contain, at a minimum, Basting, northing, elevation, intensity, and collection return information. 3.5.1.5.File sizes cannot exceed 1 gigabyte, unless otherwise specified by the Contracting Officer. Each file must be organized to facilitate data manipulation and processing. 3.5.2.Deliverable #2 - FILTERED BARE EARTH DATA:Easting, northing, and elevation data for filtered raw data that represents the bare earth. To restrict data to ground elevations only, elevation points on bridges, buildings, other structures, and vegetation shall be removed from the LiDAR-derived data. 3.5.2.1.Horizontal data shall be provided in UTM Zone 15, NAD83 Datum. 3.5.2.2.Elevation values (z) shall be provided in integer centimeters with 1 cm resolution in the NAVD88 datum. 3.5.2.3.The data shall be provided in LAS (version 1.1 or newer) format. 3.5.2.4.File sizes cannot exceed 1 gigabyte, unless otherwise specified by the Contracting Officer. Each file must be organized to facilitate data manipulation and processing. 3.5.3.Deliverable #3 - EDGE-OF-WATER BREAKLINES: Breaklines shall be produced for visible edge-of-water features from the LiDAR intensity data or imagery collected during LiDAR acquisition. The breaklines shall be delivered as closed polygons in the ESRI shapefile format. Two-dimensional breaklines are sufficient (an elevation does not need to be assigned to the breaklines). The source and accuracy of the breakline data shall be part of the metadata record. The shapefile shall be in UTM Zone 15, NAD83 Datum. 3.5.4.Deliverable #4 - BARE EARTH DEM: Raster based DEM derived from the bare earth points of Deliverable #2 and edge-of-water breaklines of Deliverable #3. 3.5.4.1.Horizontal DEM grid spacing of 1 meter in Easting and Northing. 3.5.4.2.The DEM shall meet National Mapping Program (NMP) standards and data for entire study area is to be delivered in UTM Zone 15, NAD83 Datum. 3.5.4.3.Vertical DEM resolution shall preserve ranging resolution at a minimum of 1 cm resolution, shall be provided in integer centimeters, and shall conform to the NAVD88 vertical datum. 3.5.4.4.The data shall be provided in the Arc/Info integer grid format. 3.5.4.5.The DEM shall be broken up as little as possible with the restriction that the file size cannot exceed 1 gigabyte, unless otherwise specified by the Contracting Officer. 3.5.5.Deliverable #5- PROJECT COMPLETION REPORT: This report shall be provided in both hardcopy and electronic form (Microsoft Word), and shall contain the following information: 3.5.5.1.LiDAR System Data Report: Discuss data processing methods used, final LiDAR pulse and scan rates, scan angle, side overlap, swath width, line spacing, capability for multiple returns from a single pulses, accuracy and precision of the LiDAR data acquired, accuracy of the topographic surface products, companion imagery (if any), and any other data deemed appropriate. The report shall also include a digital spatial index showing the orientation of all data tiles within the project site with tile labels corresponding to the CD (or other media) ID and file name on that CD. All pertinent checklists and log sheets shall also be included. 3.5.5.2.Flight Report: This report shall document mission date, time, flight altitude, airspeed, and other information deemed pertinent. The report shall include information about GPS-derived flight tracks, provide a detailed description of final flight line parameters and GPS controls (i.e., benchmarks), and include ground truth and complementary reference data. All pertinent checklists and log sheets shall also be included. 3.5.5.3.Ground Control Report: This report shall include, at a minimum, all pertinent base station information and mission notes, including information on GPS station monument names and stability. 3.5.5.4.Ellipsoid model used as part of the collection. 3.5.5.5.Geoid model used to compute orthometric heights. 3.5.5.6.Data processing procedures for selection of postings, and all orthometric values of x, y, and z coordinates for LiDAR returns. Elevations shall be orthometric heights. 3.5.5.7.A system calibration report. 3.5.6.Deliverable #6 - METADATA RECORD: For each set of data produced under this contract, the Contractor shall use the information gathered in the Project Completion Report to deliver a metadata document compatible with the FGDC Content Standards for Digital Geospatial Metadata, which can be obtained from the following website: (http://www. fgdc. gov/standards/projects/FGDC-standards-l,)roj ects/metadata/base- metadata/v20698.pdf). The COE will provide a Metadata generation package (CORPSMET) to generate these files upon request by the Contractor. 3.5.7.Deliverable #7 - IMAGERY: 8-bit georeferenced LiDAR image representing the intensity values between 0 and 255. 3.5.7.1.Horizontal grid spacing of 1 meter in Easting and Northing. 3.5.7.2.The intensity imagery shall meet National Mapping Program (NMP) standards.Horizontal data shall be provided in UTM Zone 15, NAD83 Datum. 3.5.7.3.Uncompressed GeoTiff format with file sizes not to exceed 2GB. 3.5.7.4.Each file must be organized to facilitate data manipulation and processing. 3.5.8.Deliverables #8, #9,- ADDITIONAL DELIVERABLES: The Government and the Contractor negotiated the details and format of the following products per the discussions that took place on September 19 and 20, 2007: 3.5.8.1.Vegetation Layer (Deliverable #8) - Provide macro without validation. 3.5.8.2.Building Layer (Deliverable #9) - Provide macro without validation. 3.6.Quality Control and Quality Assurance: 3.6.1.Three (3) copies of an accuracy report will be produced using the National Standard for Spatial Data Accuracy (NSSDA) statistical methodology. In addition, this report will contain logs of all field activity undertaken to assure the accuracy and correctness of the derived elevation point data and surfaces. Hardcopy plots will be produced to check each dataset for accuracy and completeness. A draft report will be submitted for comments and review before the final is submitted for acceptance. A survey narrative shall be produced in the form of a letter type report detailing all aspects of the LiDAR flight, including a description of the fieldwork and detailed office data processing procedures. The description shall include location, navigation and control, operations, all survey logs and data sheets used or acquired under this task order, any difficulties encountered, (including discrepancies with maps, etc.) and how they were resolved shall be documented. The contractor shall provide an interpretation and analysis of the results of the survey, including data quality, coverage of the area, and a summary of the findings. This summary shall be included in the transmittal letter documenting the electronic data delivered as a result of the survey. 3.6.2.A QC plan shall be implemented by a person assigned within the Contractor's organization who will be present during the times work is in progress, and will be responsible for assuring that all documents on the project have been coordinated. This individual shall possess extensive, verifiable LiDAR and photogrammetric experience. The Contractor shall notify the District, in writing, of the name of the individual and the name of an alternate person assigned to the position. A Registered Professional Engineer or Licensed Land Surveyor shall certify topographic data, in accordance with 44 CFR 65.5(c). Certification of topographic data by the American Society for Photogrammetry and Remote Sensing is also acceptable. The Contractor must make certifications at the time the intermediate data is submitted. 3.6.3.The QC Plan shall provide and maintain an effective quality control program that will assure that all services required by this task order are performed and provided in a manner that meets professional architectural and engineering quality standards.As a minimum, competent, independent reviewers shall technically review all documents. Performance of the independent technical review (ITR) should not be accomplished by the same element that produced the product. The Contractor shall provide and maintain an effective quality control program that will assure that all services required by this task order are performed and provided in a manner that meets professional mapping quality standards. 3.6.4.Basic horizontal control shall be established or recovered from the NGS data base and be "B" order. A survey control plan shall be submitted to the Corps of Engineers before any field surveying is done. Any control points set shall be of a semi-permanent nature such as copperweld or re-bar type rods referenced. 3.6.5.Quality assurance testing will involve testing the vertical accuracy requirements. For the purposes of this solicitation, the definition of RMSEz is the same as that established in Part 3, "National Standard for Spatial Data Accuracy (FGDC-STD-007.3)," of the Geospatial Positioning Accuracy Standards, published by the FGDC in 1998. The Contractor shall select a minimum of 20 test points for each major ground cover category. The Contractor shall report on the accuracy of the following: 3.6.5.1 .Bare earth and low grass (e.g., plowed fields, lawns, golf courses); 3.6.5.2.High grass, weeds, and crops (e.g., hay fields, corn fields, wheat fields); 3.6.5.3.Brush lands and low trees (e.g., areas of shrubs); 3.6.5.4 .Forested, fully covered by trees (e.g., hardwoods, evergreens, mixed forests); 3.6.5.5 .Urban areas (e.g., high,dense manmade structures). 3.7.Deliveries and Shipment 3.7.1.Delivery Format :All LiDAR, DEM, and IMAGE data products and all written reports shall be delivered in electronic format on USB portable drives. 3.7.2.Viruses :All delivery media (disks,magnetic tapes, etc.) for computer data shall be certified by the Contractor to be free of known computer viruses. The names(s) and release date(s) of the virus scanning software used to analyze the delivery media shall be furnished to the Government at the time of delivery. The release or revision date of the viruses scanning software shall be current. If analysis of the delivery media by the Government finds evidence of virus infection, the media will be returned to the Contractor. The Contractor shall resubmit the media at no cost to the Government. 3.7.3.Shipment 3.7.3.1.Delivery shall be sent via FEDEX or UPS at the Contractors expense. Final delivery of all products should be completed within 90 days from the date of data acquisition .Earlier delivery is desirable .All final data shall be submitted by 01 April 2008. 3.7.3.2.All transportation charges and costs appurtenant thereto , are a subsidiary obligation of the Contractor for which no separate payment will be made. Title will pass to the St. Paul District, COE after final inspection and acceptance by the St. Paul District, COE. 3.7.3.3.Shipment shall be made to: Corps of Engineers, St. Paul District PM-E (Keith LeClaire) 5th Floor 190 5th Street East St. Paul, MN 55101-1638 Telephone: (651)-290-5491 4.Inspection :Inspection of the finished items to determine their conformance to the specifications will be made by a representative of the Contracting Officer upon delivery to the destination. If the inspection reveals any defect or deviation in the manufacture of the items which would make them unfit for the purpose intended, the Contractor will be required to satisfactorily remedy such conditions at no additional cost to the St. Paul District, COE. 5.Acceptance: If the finished items are found to be in full compliance with the specifications, they will be accepted. The acceptance of any item by an inspector shall not preclude subsequent rejection if such an item is later found to be defective. 6.Time Extension 6.1.In the event these schedules are exceeded due to causes beyond the control and without fault or negligence of the contractor, as determined by the Contracting Officer, this delivery order completion date will be extended one (1) calendar day for each day of delay. 6.2.Requests for time extensions for an individual task order should be forwarded to the Contracting Officer no later than fourteen (14) days proceeding the completion date shown on the task order. CITY OF EDEN PRAIRIE, MINNESOTA HENNEPIN COUNTY T116 R22 cQoyi ake Lake Riley) Grass Lake 33-- CITY COUNCIL AGENDA DATE: October 16, 2007 SECTION: Public Hearings DEPARTMENT /DIVISION :ITEM DESCRIPTION :ITEM NO.: IX.A. Community LaMettry Collision Development/Planning Janet Jeremiah Re gina Herron Requested Action Move to: •Close the Public Hearing; and •Adopt the Resolution for Planned Unit Development Concept Review on 3.2 acres; and •Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Commercial Regional Service Zoning District 3.2 acres; and •Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis This is the former Land Rover site. The existing building is 20,500 square feet. A 5,120 square foot building is proposed. The plan conforms to city code requirements. Background Information The 120-Day Review Period Expires on January 11, 2008. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the project at the September 24, 2007 meeting. Attachments 1.Resolution for PUD Concept 2.Staff Report 3.Location Map 4.Land Use & Zoning Maps 5.Planning Commission Minutes LAMETTRY COLLISION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF LAMETTRY COLLISION FOR RICHARD LAMETTRY WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on September 24, 2007, on LaMettry Collision by Richard LaMettry and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on October 16, 2007. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1.LaMettry Collision, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2.That the City Council does grant PUD Concept approval as outlined in the plans stamp dated September 24, 2007. 3.That the PUD Concept meets the recommendations of the Planning Commission September 24, 2007. ADOPTED by the City Council of the City of Eden Prairie this 16th day of October, 2007. Phil Young, Mayor ATTEST: Kathleen Porta ,City Clerk EXHIBIT A PUD Concept- (LaMettry Collision) Legal Description: Parcel 1: That part of the Northeast Quarter of the Southwest Quarter, Section 11, Township 116, Range 22, lying South of the Southerly right-of-way of County Road No. 60 and Easterly of the Easterly right- of-way of U. S. Highway No. 494 as described in Document Nos. 3677302 and 3723053, Office of the County Recorder, Hennepin County Minnesota according to the Government Survey thereof. Parcel 2: That part of the Northeast Quarter of the Southwest Quarter, Section 11, Township 116, Range 22, described as follows: Commencing at the Northeast corner of said Northeast quarter of the Southwest Quarter, which corner is marked by a judicial landmark set pursuant to Torrens Case No. 16745; thence on an assumed bearing of South 00 degrees 31 minutes 25 seconds East. Along the East line of said Northeast Quarter of the Southwest Quarter, a distance of 457.36 feet to a point marked by a judicial landmark set pursuant to Torrens Case No. 16745 and the actual point of beginning of the land being described; thence North 00 degrees 31 minutes 25 seconds West, along said East line, a distance of 10.62 feet to the Southerly right-of-way line of Valley View Road (County Road No 39); thence Westerly, along said Southerly right-of-way line, on a non-tangential curve concave to the North having a radius of 1492.40 feet, a central angel of 20 degrees 11 minutes 27 seconds, and the chord of said curve bears South 88 degrees 18 minutes 36 seconds West, a distance of 525.92 feet to the Easterly right-of-way line of U. S. Highway No. 494; thence South 23 degrees 31 minutes 53 seconds East along said Easterly right-of-way line, a distance of 221.71 feet; thence South 53 degrees 44 minutes 00 seconds East along said Easterly right-of-way line, a distance of 313.15 feet; thence South 68 degrees 38 minutes 36 seconds East, along said Easterly right-of-way line, a distance of 200.06 feet to the point of intersection with the East line of said Northeast Quarter of the Southwest Quarter, which point is marked by a judicial landmark set pursuant to Torrens Case No. 16745; thence North 00 degrees 31 minutes 25 seconds West, along said East line, a distance of 476.82 feet to the point of beginning. Except that part of said land described in Certificate of Title No 860423. STAFF REPORT TO: FROM: THROUGH: DATE: PROJECT: LOCATION: APPLICANT: OWNER: Planning Commission Regina Herron, Planner II Michael D. Franzen, City Planner September 21, 2007 Lamettry Collision 11903 Valley View Road Richard Lamettry CPE Exchange 28562, LLC 120 DAY REVIEW: Expires January 11, 2008 REQUEST:1.Planned Unit Development Concept Review on 3.2 acres 2.Planned Unit Development District Review with waivers on 3.2 acres 3.Zoning Amendment within the Commercial Regional Service Zoning District on 3.2 acres 4.Site Plan Review on 3.2 acres. BACKGROUND The Comprehensive Guide Plan shows the 3.2 acre property for Regional Commercial land use. Surrounding land uses consist of Regional Commercial and Office. The property is zoned Regional Service Commercial. SITE PLAN This is the former Land Rover site. The existing building is 20,500 square feet. A 5,120 square foot building is proposed. The site has a base area ratio of 0.158 and a floor area ratio of 0.184 .City code permits up to a 0.20 base area ratio and a 0.40 floor area ratio in the Commercial Regional Service zoning district. The proposed building meets the required height and setbacks. The code requires 128 parking spaces.The proposed plan shows 132 spaces. Staff Report - Lamettry Collision September 21, 2007 Page 2 LANDSCAPING AND TREE REPLACEMENT No significant trees on the property will be removed.The landscaping based on the building size is provided meeting code. GRADING AND DRAINAGE There is an existing storm water treatment pond in the southeast corner of the site. The plans need to be revised to incorporate infiltration. ARCHITECTURE The proposed building matches the existing building onsite.The building meets the exterior building material standards of at least 75% face brick, natural stone, and glass. STAFF RECOMMENDATIONS Recommend approval of the following request: 1.Planned Unit Development Concept Review on 3.2 acres 2.Planned Unit Development District Review with waivers on 3.2 acres 3.Zoning Amendment within the Commercial Regional Service Zoning District on 3.2 acres 4.Site Plan Review on 3.2 acres. This is based on plans stamp dated September 14, 2007, and the following conditions: 1.Prior to City Council review, the proponent shall: A.Submit revised plans and calculations reflecting infiltration prior to Council review. 2.Prior to grading permit issuance, the proponent shall: A.Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. B.Notify the City and Watershed District 48 hours in advance of grading. C.Install erosion control at the grading limits. 3.Prior to building permit issuance for the property, the proponent shall: A.Review the plans with the Fire Marshal B.Provide samples of exterior materials for review and approval. Area Location Map - LaMettry 's Collision Address :11903 Valley View Road Guide Plan Map LaMettry's Collision 11903 Valley View Road,Eden Prairie, MN Low Density Residential 0 -2.5 Units/Acre Neighborhood Commercial ® Low Density/Public/Open Space I Community Commercial 77 Medium Density residential 2.5-10 UnitslAcre ®Regional Commercial 0 Medium Density Residential/Office I Park/Open Space High Density Residential 10-40 UnitslAcre F-I Public/Quasi-Public = Office 0 Golf Course ® Office/Industrial Church/ Cemetary 2Z Office/Public/Open Space Industrial I I- I Open Water L Right-Of-Way Parcels - Metropolitan Urban Service Line (MUSA 11 DATE Appro t tl 03-14- 3 Creeks DATE R", -d 0107-05 DATE Revised 11-07-OS water DATE R©rised 02-23.06 J DATE Revf ed 03-23-05 DATE Re'1sed 06-23-06 DATE Revsed 12-06 .G6 DATE Reslsed 03-01-07 EDEN PRAIRIE Zoning Map LaMettry's Collision 11903 Valley View Road,Eden Prairie, MN A d Hi hwa Commercial 4312 West of County Road #4 is proposed and under construction at thisHihwaroutedgygy time Rural One Family -10 acre min Regional Service Commercial []R1-44 One Family- 44,000 sf min.Reoional Commercial Up dated through Ordinance #1 D-2007 R1-22 One Family-22,000 sf min_LJ Industrial Park - 2 Acre Min,Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition R1-13 5 500 sf minOne Family-13 Industrial Park - 5 Awe Min..,,Date: hl arch 1. 2007 R1-9.5 One Family-9 500 sf min.0 General industrial -5 Acre M in.Ira»<F:x'r%'<Fre'a'^f iPaz :r.^3 ^^=sTra.o^o^[_;-z3 ra-e C::.vxt ^,.-.1^-__.._-__ _ ^.dif •^alitta Fro :?tc/Ca rtas r.llP=ai RM-5 5 Multi-Family-6.7 U.P.A max.Public RM-25 Multi-Family-17.4 U.P.A max Golf Course or1 Water Right-0l-WayNeighborhood Commercial [I Chanhassen City limitsCommunity Commercial PRAT RI E LIVE aGORX•AIIEAM APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,SEPTEMBER 24, 2007 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS:John Kirk, Vicki Koenig, Jerry Pitzrick, Frank Powell, Peter Rocheford, Fred Seymour, Ray Stoelting, Jon Stoltz, Kevin Schultz STAFF MEMBERS:Stu Fox, Manager of Parks and Natural Resources Al Gray,City Engineer Michael Franzen ,City Planner Julie Krull, Recording Secretary 1.PLEDGE OF ALLEGIANCE - ROLL CALL Chair Stoelting called the meeting to order at 7:00 p.m. Absent: Koenig and Powell. II.APPROVAL OF AGENDA MOTION by Stoltz, seconded by Schultz, to approve the agenda.Motion carried 7-0. III.MINUTES PLANNING COMMISSION MEETING HELD ON SEPTEMBER 10, 2007 MOTION by Seymour, seconded by Stoltz, to approve the minutes.Motion carried 7-0. C.LAMETTRY COLLISION Request for: Planned Unit Development Concept Review on 3.2 acres; Planned Unit Development District Review with waivers on 3.2 acres; Zoning District Amendment within the Commercial Regional Service Zoning District on 3.2 acres; Site Plan Review on 3.2 acres. Richard LaMettry, owner of the property, presented the proposal. He stated they moved from 1248 Plaza Drive to this new site. They are requesting additional space for their business. One of the reasons they need additional space is because they are working on aluminum cars and need different rooms to work on aluminum cars versus metal cars to avoid cross contamination. Stoelting asked Franzen to review the staff report. Franzen said the Staff recommends approval based on page 2 of the staff report. Stoelting opened the meeting up for public input. There was no input. MOTION by Kirk, seconded by Schultz, to close the public hearing. Motion carried 7-0. MOTION by Kirk, seconded by Pitzrick, to recommend approval of the Planned Unit Development Concept Review on 3.2 acres; Planned Unit Development District Review with waivers on 3.2 acres; Zoning District Amendment within the Commercial Regional Service Zoning District on 3.2 acres; Site Plan Review on 3.2 acres based on plans stamped dated September 14, 2007, and the staff report dated September 21, 2007. Motion carried 7-0. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims October 16, 2007 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 168091-168508 Wire Transfers 2815 - 2834 (2815-2822 US Bank Purchasing Card payment) City of Eden Prairie Council Check Summary 10/16/2007 Division Amount Division Amount General 41,992 701 Water Fund 78,848 102 Legal Counsel 42,682 702 Sewer Fund 1,857 104 Contingency 3,924 703 Storm Drainage Fund 16,900 110 City Clerk 322 802 494 Commuter Services 25,521 111 Customer Service 5,321 803 Escrow Fund 646,868 112 Human Resources 275 807 Benefits Fund 571,036 113 Communication Services 3,861 810 Workers Comp Insurance 144 114 Benefits & Training 1,895 ***US Bank Purchasing Cards 25,737 116 Facilities 44,664 117 City Center 30,959 Report Totals 4,600,679 130 Assessing 1,161 131 Finance 389 132 Social Services 6,479 133 Planning 6,187 135 Information Technology 4,083 136 Public Safety Communications 11,200 137 Economic Development 5,020 150 Park Administration 735 151 Park Maintenance 7,844 153 Organized Athletics 6,493 154 Community Center 1,259 156 Youth Programs 385 158 Adult Recreation 2,909 159 Recreation Administration 102 160 Therapeutic Recreation 54 162 Arts 1,572 163 Outdoor Center 1,325 180 Police 32,216 183 Emergency Preparedness 702 184 Fire 16,884 186 Inspections 967 200 Engineering 552 201 Street Maintenance 14,506 202 Street Lighting 61,390 203 Fleet Services 37,704 301 CDBG 4,156 303 Cemetary Operation 339 304 Senior Board 32 309 DWI Forfeiture 37 315 Economic Development 12,361 502 Park Development 841,664 503 Utility Improvement 29,180 506 Improvment Bonds 1996 9,425 509 CIP Fund 6,550 511 Construction Fund 14,495 512 CIP Trails 1,478 515 Fire Station #4 5,082 519 Community Center Referendum 1,157,197 520 Parks Referendum 1,045 522 Improvement Projects 2006 17,993 523 3rd Sheet of Ice 359,197 601 Prairie Village Liquor 85,732 602 Den Road Liquor 153,850 603 Prairie View Liquor 89,055 605 Den Road Building 46,889 City of Eden Prairie Council Check Register 10/16/2007 Check #Amount Vendor /Explanation Account Description Business Unit 2822 25,737 US BANK 2823 645 US BANK TRUST HRA Health and Benefits 2824 12,922 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2825 15,978 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2826 100 ,697 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2827 28,199 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2828 146 ,946 WELLS FARGO MINNESOTA N A SS & Medicare Health and Benefits 2829 18 ,896 DELTA DENTAL PLAN OF MN COBRA Health and Benefits 2830 13 ,017 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2831 16,103 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2832 99 ,372 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2833 28 ,306 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2834 147,976 WELLS FARGO MINNESOTA N A SS & Medicare Health and Benefits 168091 314 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 168092 431 A-SCAPE INC Contract Svcs - Lawn Maint Fire Station #4 168093 146 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Street Maintenance 168094 240 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 168095 236 ACCURINT - ACCOUNT #1348824 Other Contracted Services Police 168096 42 ADOLPH KIEFER Operating Supplies Pool Operations 168097 431 ALTERNATIVE BUSINESS FURNITURE Capital Under $2,000 Furniture 168098 213 AMERIPRIDE LINEN & APPAREL SER Repair & Maint.Supplies Prairie Village Liquor Store 168099 63 AMSAN LLC Cleaning Supplies Community Center Maintenance 168100 301 ANCHOR PRINTING COMPANY Operating Supplies Ice Arena 168101 4 ,723 ASPEN WASTE SYSTEMS INC.Waste Disposal Public Works/Parks 168102 45,718 BAKER ASSOCIATES INC Building Den Road Building 168103 176 BARNES, BELINDA A.Other Contracted Services Volleyball 168104 1 ,379 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 168105 450 BAYER PHOTOGRAPHY Other Contracted Services Communication Services 168106 500 BEC INC Equipment Repair & Maint Traffic Signals 168107 1,752 BECKER ARENA PRODUCTS INC Repair & Maint -Ice Rink Ice Arena Maintenance 168108 4 ,249 BELLBOY CORPORATION Liquor Den Road Liquor Store 168109 70 BERRY COFFEE COMPANY Operating Supplies Classes/Programs/Events 168110 235 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs - Security Community Center Maintenance 168111 47 BLOOMINGTON, CITY OF Other Contracted Services Park Maintenance 168112 285 BLUDORN, BRETT Deposits Escrow 168113 52 BOLD, PAULINE Instructor Service Outdoor Center 168114 8 ,562 BRAUER AND ASSOCIATES LTD Building Park Acquisition &Development 168115 50 BROWN, PAUL Other Contracted Services Volleyball 168116 15 BRUENING, CHARLOTTE Program Fee Classes/Programs/Events 168117 1,254 BUCK, NATHAN Other Contracted Services Softball 168118 49 BUEGET EXTERIORS Building Permits General Fund 168119 152 CAMPOS, LORI Instructor Service Outdoor Center 168120 39 CATCO PARTS SERVICE Equipment Parts Fleet Services 168121 256 CBIZ BENEFITS & INSURANCE SERV Other Contracted Services Finance 168122 100 CELEBRATION CHURCH Special Event Fees Red Hat 168123 1,445 CEMSTONE PRODUCTS COMPANY Improvement Contracts CIP Trails 168124 109 CENTERPOINT ENERGY Gas Miller Park 168125 3,849 CERTIFIED LANGUAGES INTERNATIO Miscellaneous Reserve 168126 196 CLAREYS INC Safety Supplies Utility Operations -General 168127 224 COLOR PRINTING Printing Police 168128 412 COMMERCIAL STEAM TEAM Other Contracted Services Prairie View Liquor Store 168129 106 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 168130 325 CORPORATE EXPRESS Office Supplies General 168131 88 CRIPE, JACQUELYN V Other Contracted Services Volleyball 168132 34 CULLIGAN-METRO Other Contracted Services Outdoor Center 168133 11,662 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 168134 396 D B & COMPANY Special Event Fees Red Hat 168135 307 DALE GREEN COMPANY, THE Landscape Materials/Supp Topview Field Check #Amount Vendor /Explanation Account Description Business Unit 168136 7,718 DAY DISTRIBUTING Beer Den Road Liquor Store 168137 34,127 DIVERSE BUILDING MAINTENANCE Janitor Service Community Center Maintenance 168138 48 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 168139 2,993 DORSEY & WHITNEY LLP Deposits Escrow 168140 26,908 DRT TRANSPORT Lime Residual Removal Water Treatment Plant 168141 3,104 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 168142 66 EARL F ANDERSEN INC Signs Traffic Signs 168143 100 ECOLAB Contract Svcs - Pest Control Community Center Maintenance 168144 1,189 ECOLAB INC Contract Svcs - Pest Control Fire Station #4 168145 27 EDEN PRAIRIE NEWS Dues &Subscriptions Police 168146 2,500 EDINA, CITY OF Miscellaneous Information Technology 168147 8,781 ENVIRONMENTAL PROCESS INC Improvement Contracts Utility Improvement Fund 168148 1,212 ESCH CONSTRUCTION SUPPLY INC Repair & Maint.Supplies Storm Drainage 168149 100 FAGNANT, SUSAN Instructor Service Outdoor Center 168150 1,104 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 168151 19 GARDEN ROOM FRATELLI'S GARDEN Training Supplies Organizational Services 168152 523 GCS SERVICE INC Contract Svcs - Garden Romm Garden Room Repairs 168153 210 GE CAPITAL Other Rentals General 168154 58 GERTZ, JOHN Operating Supplies Sunbonnet Days 168155 243 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 168156 459 GRAPE BEGINNINGS Wine Imported Prairie View Liquor Store 168157 4,068 GREENSIDE INC Contract Svcs - Lawn Maint.City Hall - CAM 168158 48,067 GREGERSON ROSOW JOHNSON & NILA Legal Legal Council 168159 12,249 GRIGGS COOPER & CO Liquor Prairie Village Liquor Store 168160 5,517 HANSEN THORP PELLINEN OLSON Improvements to Land Park Acquisition &Development 168161 38 HART, KAREN Events/Admission Fee Arts Initiative 168162 2,491 HOHENSTEINS INC Beer Den Road Liquor Store 168163 1,947 HOISINGTON KOEGLER GROUP INC Other Contracted Services Economic Development Fund 168164 43 HYDROLOGIC Repair & Maint. Supplies Park Maintenance 168165 5,082 IDENTISYS Capital Under $2,000 Fire Station #4 168166 44 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Services 168167 780 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 168168 275 J CAMERON & ASOCIATES Conference Expense Human Resources 168169 193 J H LARSON COMPANY Repair & Maint.Supplies Park Maintenance 168170 250 JENKINS, JOEL S Other Contracted Services Softball 168171 12,934 JJ TAYLOR DIST OF MN Beer Prairie View Liquor Store 168172 26,091 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 168173 236 KEEPERS Clothing & Uniforms Fire 168174 100 KOERNER, ANN City Building Rental City Center Operations 168175 150 KRESS, CARLA Mileage & Parking Senior Center Administration 168176 349 KRISS PREMIUM PRODUCTS INC Supplies - HVAC City Hall - CAM 168177 60 KROEGER, TARA L Other Contracted Services Softball 168178 194 LAB SAFETY SUPPLY INC Cleaning Supplies Community Center Maintenance 168179 2,103 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg City Hall - CAM 168180 220 LINDAHL, DAVID Travel Expense Economic Development 168181 3,285 LIQUID ENGINEERING CORPORATION Other Contracted Services Water Treatment Plant 168182 16 LOES OIL COMPANY Equipment Repair & Maint Fleet Services 168183 195 M. AMUNDSON LLP Misc Taxable Prairie Village Liquor Store 168184 16,081 MARK VII Liquor Den Road Liquor Store 168185 180 MARK'S BP Equipment Repair & Maint Police 168186 2,550 MARTIN-MCALLISTER Employment Support Test Fire 168187 577 MEDIA PARTNERS CORP Training Supplies Organizational Services 168188 221 MENARDS Small Tools Water System Maintenance 168189 4,498 METRO FIRE Protective Clothing Fire 168190 281 METROPOLITAN FORD Equipment Parts Fleet Services 168191 6,632 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 168192 188 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 168193 121 MILLARD, EMILY Canine Supplies Police 168194 208 MINNESOTA ATHLETIC APPAREL Clothing & Uniforms Fire 168195 900 MINNESOTA CLIPPING SERVICE Other Contracted Services Communication Services 168196 30 MINNESOTA DEPT OF LABOR AND IN Licenses & Taxes Fleet Services 168197 250 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage Check #Amount Vendor / Explanation Account Description Business Unit 168198 115 MINNESOTA SAFETY COUNCIL Office Supplies General 168199 27 MINNESOTA TROPHIES & GIFTS Signs Park Maintenance 168200 35 MN FOP FOUNDATION Prepaid Expenses General Fund 168201 1,000 MNCAR Other Contracted Services Economic Development 168202 10,324 MOBILE RADIO ENGINEERING INC Capital Under $2,000 Wireless Communication 168203 735 MRB CONSULTING LLC Design & Engineering Planning & Development 168204 26 MTI DISTRIBUTING INC Equipment Parts Fleet Services 168205 145 NASW-MN Conference Expense Housing and Community Service 168206 575 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 168207 1,258 NEWMECH Contract Svcs - Ice Rink Ice Arena Maintenance 168208 103 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 168209 169 NUCO2INC Chemicals Pool Maintenance 168210 48 O'GORMAN, JILL Program Fee Preschool Events 168211 1,950 OLSEN FIRE PROTECTION Contract Svcs - Fire/Life/Safe Public Works/Parks 168212 62 PAPER DIRECT INC Operating Supplies Safety Camp 168213 2,899 PAUSTIS & SONS COMPANY Wine Imported Prairie View Liquor Store 168214 74 PAWLEY SMITH, MARIENE Lessons &Classes Ice Arena 168215 13,472 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 168216 59 PLOSZAY, ANDREA Mileage & Parking Community Center Maintenance 168217 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 168218 1,131 PRAIRIE ELECTRIC COMPANY Equipment Repair & Maint Water Wells 168219 108 PRINTERS SERVICE INC Contract Svcs - Snow Removal Ice Arena Maintenance 168220 705 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 168221 203 PROP United Way Withheld General Fund 168222 15 PUTNAM, PAT Program Fee Classes/Programs/Events 168223 152 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 168224 15,554 QUALITY WINE & SPIRITS CO Liquor Den Road Liquor Store 168225 1,199 QWEST Telephone Outdoor Center 168226 255 R & R SPECIALTIES OF WISCONSIN Repair & Maint -Ice Rink Ice Arena Maintenance 168227 350 RAY, LEE Other Contracted Services Softball 168228 150 REIVA, DANIEL P Other Contracted Services Arts Initiative 168229 42 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 168230 2,337,276 RJM CONSTRUCTION INC Building Community Center Referendum 168231 137 SAMS, JOHN Travel Expense Assessing 168232 199 SCHMIDT, COLIN Travel Expense Assessing 168233 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Services 168234 262 SHAMROCK GROUP, INC - ACE ICE Misc Non-Taxable Prairie Village Liquor Store 168235 173 SHERWIN WILLIAMS CO Equipment Repair & Maint Traffic Signals 168236 48 SNAP-ON TOOLS Small Tools Fleet Services 168237 285 SONNY'S BUILDING MAINTENANCE Contract Svcs - Roof City Hall - CAM 168238 161 SORENSEN,ED Mileage & Parking Water Distribution 168239 6,250 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing and Community Service 168240 601 SOUTHWEST SUBURBAN PUBLISHING-Employment Advertising Organizational Services 168241 3,467 SOUTHWEST SUBURBAN PUBLISHING-Printing Communication Services 168242 649 SPECIALTY WINES AND BEVERAGES Wine Imported Prairie Village Liquor Store 168243 954 SPS COMPANIES Supplies - Plumbing Community Center Maintenance 168244 26,598 SRF CONSULTING GROUP INC Other Contracted Services Storm Drainage 168245 839 STANLEY ACCESS TECH LLC Contract Svcs - Gen. Bldg City Center Operations 168246 648 STAR TRIBUNE Employment Advertising Organizational Services 168247 315 STATE SUPPLY COMPANY Supplies - Plumbing City Hall - CAM 168248 81 STEWART, DENISE Lessons &Classes Ice Arena 168249 11,981 STREICHERS Clothing & Uniforms Police 168250 17 SUBURBAN CHEVROLET Equipment Parts Fleet Services 168251 210 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 168252 79 SUN NEWSPAPERS Legal Notices Publishing City Clerk 168253 1,112 TEFLER LAWN & LANDSCAPING Other Contracted Services Park Maintenance 168254 33,424 THORPE DISTRIBUTING Beer Den Road Liquor Store 168255 1,858 THYSSENKRUPP ELEVATOR CORPORAT Maintenance Contracts Water Treatment Plant 168256 146 TOM'S WINDOW CLEANING Janitor Service -General Bldg Den Road Building 168257 594 TOTAL REGISTER Equipment Repair & Maint Prairie Village Liquor Store 168258 734 TWIN CITY FILTER SERVICE INC Supplies - HVAC City Hall - CAM 168259 46 TWIN CITY OXYGEN CO Repair & Maint.Supplies Water System Maintenance Check #Amount Vendor /Explanation Account Description Business Unit 168260 666 TWIN CITY SEED CO Other Assets Parks Referendum 168261 89 UNDHEIM, NAOMI Mileage & Parking Community Center Admin 168262 75 UNIFORMS UNLIMITED Operating Supplies Police 168263 4,158 UNITED RENTALS HIGHWAY TECHNOL Contracted Striping Traffic Signs 168264 444 UNITED STATES MECHANICAL INC Contract Svcs - Plumbing Park Shelters 168265 151 UNITED WAY United Way Withheld General Fund 168266 594 VEIT & CO Deposits Escrow 168267 8 VERIZON WIRELESS Pager & Cell Phone Fleet Services 168268 3,127 VERNCO MAINTENANCE INC Grounds Maintenance Utility Operations -General 168269 747 VINOCOPIA Wine Domestic Prairie View Liquor Store 168270 224 WATER CONSERVATION SERVICES IN Other Contracted Services Water System Maintenance 168271 30 WEBBER,ANNETTE Events/Admission Fee Around Town 168272 1,790 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 168273 2,375 WESTSIDE EQUIPMENT Machinery &Equipment Fleet Services 168274 1,293 WINE COMPANY, THE Wine Domestic Prairie Village Liquor Store 168275 2,804 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 168276 376 WITT, BETH Mileage & Parking Aquatics &Fitness Admin 168277 534 WORK CONNECTION, THE Other Contracted Services Park Maintenance 168278 266 WORLD CLASS WINES INC Wine Imported Prairie Village Liquor Store 168279 100 WRESH, JANINA Deposits Escrow 168280 68 XCEL ENERGY Electric Emergency Preparedness 168281 7,097 YALE MECHANICAL INC Building Repair & Maint.Water Treatment Plant 168282 293 ZEE MEDICAL SERVICE Safety Supplies Community Center Admin 168283 69 ADAMS PEST CONTROL INC Contract Svcs - Pest Control Prairie View Liquor Store 168284 176 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 168285 47 JOHNSON, RUTH Program Fee Outdoor Center 168286 24 LAMERE, ANGIE Program Fee Leisure Education 168287 75 MRPA Conference Expense Recreation Administration 168288 26 PRIORITY COURIER EXPERTS Equipment Parts Fleet Services 168289 20 QUICKSILVER EXPRESS COURIER Postage Communication Services 168290 18 STATE OF MINNESOTA Operating Supplies DWI Forfeiture 168291 145 STOVRING, LESLIE Mileage & Parking Storm Drainage 168292 430 UNITED RENTALS (NORTH AMERICA)Contract Svcs - Fire /Life/Safe Community Center Maintenance 168293 134 WILSON, TAMMY Mileage & Parking Finance 168294 18 STATE OF MINNESOTA Operating Supplies DWI Forfeiture 168295 360 SUSA Conference Expense Utility Operations -General 168296 557 INDEPENDENT SCHOOL DISTRICT NO General 494 Corridor Commission 168297 46 WELLS FARGO BANK General Bicycle Program 168298 350 3CMA Dues &Subscriptions Communication Services 168299 300 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 168300 48 A TO Z RENTAL CENTER Operating Supplies Park Maintenance 168301 285 A-SCAPE INC Contract Svcs - Lawn Maint.Fire Station #5 168302 355 ADVANCED IRRIGATION INC Other Contracted Services Park Maintenance 168303 1,769 ALEX AIR APPARATUS INC Equipment Repair & Maint Fire 168304 307 AMERIPRIDE LINEN & APPAREL SER Repair & Maint.Supplies Prairie Village Liquor Store 168305 619 ANCHOR PAPER COMPANY Office Supplies Police 168306 107 AQUA LOGIC INC Contract Svcs - General Bldg Pool Maintenance 168307 81 AT&T MOBILITY Pager & Cell Phone Police 168308 121 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services 168309 6,442 BELLBOY CORPORATION Liquor Prairie Village Liquor Store 168310 427 BRAUN INTERTEC CORPORATION Testing - Soil Boring Construction Fund 168311 3,617 BROWN TRAFFIC PRODUCTS Equipment Repair & Maint Traffic Signals 168312 810 CALHOUN DEVELOPMENT Deposits Escrow 168313 160 CAMPOS, LORI Instructor Service Outdoor Center 168314 2,680 CARUS PHOSPHATES INC Treatment Chemicals Water Treatment Plant 168315 629 CAT & FIDDLE BEVERAGE Wine Imported Prairie View Liquor Store 168316 106 CATCO PARTS SERVICE Equipment Repair & Maint Fleet Services 168317 2,665 CEMSTONE PRODUCTS COMPANY Repair & Maint.Supplies Storm Drainage 168318 1,938 CENTERPOINT ENERGY Gas Water Treatment Plant 168319 3,628 CENTURYTEL Telephone Telephone 168320 455 CHIEF SUPPLY Fire Prevention Supplies Fire 168321 336 CHRISTIANSEN, MIKE Other Contracted Services Softball Check #Amount Vendor /Explanation Account Description Business Unit 168322 823 CLAREYS INC Equipment Testing/Cert.Utility Operations -General 168323 3,800 COLLIERS TURLEY MARTIN TUCKER Other Contracted Services Economic Development 168324 211 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 168325 238 CONSOLIDATED CONTAINER CO LLC Other Contracted Services Police 168326 180 COSTCO Operating Supplies Fire 168327 405 CRACAUER, CLIFF Mileage & Parking Fleet Services 168328 88 CRIPE,JACQUELYN V Other Contracted Services Volleyball 168329 11,654 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 168330 38 DALE GREEN COMPANY, THE Landscape Materials/Supp Park Maintenance 168331 7,571 DAY DISTRIBUTING Beer Prairie Village Liquor Store 168332 238 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 168333 500 DENUCCI, PATRICK Other Contracted Services Tree Removal 168334 2,073 DNR Awards Softball 168335 44 DOVE CAPITAL LLL, LLC Deposits Escrow 168336 1,442 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store 168337 949 EARL F ANDERSEN INC Signs Traffic Signs 168338 52 EDEN PRAIRIE NEWS Special Event Fees Classes/Programs/Events 168339 147 EDEN PRAIRIE WINLECTRIC Operating Supplies Emergency Preparedness 168340 3,547 EGAN OIL COMPANY Lubricants & Additives Fleet Services 168341 1,342 ENVIRONMENTAL EQUIPMENT & SERV Equipment Parts Fleet Services 168342 205 ETICA Wine Imported Den Road Liquor Store 168343 140 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 168344 590 FACTORY MOTOR PARTS COMPANY Operating Supplies Emergency Preparedness 168345 558 FALCK, TIMOTHY R Other Contracted Services Softball 168346 119 FERRELLGAS Motor Fuels Fleet Services 168347 438 FLYING CLOUD T/S #U70 Waste Disposal Park Maintenance 168348 1,259 FORD, GARY Other Contracted Services Park Maintenance 168349 383 FSH COMMUNICATIONS LLC Telephone Miller Park 168350 749 G & K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations -General 168351 80 GINA MARIAS INC Operating Supplies Fire 168352 91 GOOD, JAMIE Tuition Reimbursement /School Police 168353 83 GOT SWAT GEAR.COM INC Clothing & Uniforms Police 168354 42 GRAINGER Cleaning Supplies Utility Operations -General 168355 889 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 168356 75 GRAPHIC SOURCE INC Operating Supplies Reserve 168357 19,764 GRIGGS COOPER & CO Wine Domestic Prairie Village Liquor Store 168358 16,010 HANSEN THORP PELLINEN OLSON Design & Engineering Storm Drainage Projects 168359 19,148 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 168360 210 HD SUPPLY WATERWORKS LTD Equipment Parts Water Storage 168361 834 HENNEPIN COUNTY TREASURER Board of Prisoner Police 168362 403 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement /School Police 168363 154 HENRY, PAUL Other Contracted Services Softball 168364 302 HERRON, REGINA Conference Expense Planning 168365 863 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 168366 3,338 HOISINGTON KOEGLER GROUP INC Other Contracted Services Economic Development Fund 168367 176 HOLMES, JOHN CARTER Other Contracted Services Softball 168369 1,386 HOME DEPOT CREDIT SERVICES Supplies - General Bldg Senior Center 168370 176 HYDROLOGIC Repair & Maint.Supplies Park Maintenance 168371 780 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 168372 34 J H LARSON COMPANY Supplies - Electrical Den Road Building 168373 88 JENKINS, JOEL S Other Contracted Services Softball 168374 14,640 JJ TAYLOR DIST OF MN Beer Den Road Liquor Store 168376 41,146 JOHNSON BROTHERS LIQUOR CO Transportation Prairie Village Liquor Store 168377 84 KEATING, MARY Mileage & Parking Housing and Community Service 168379 2,162 KEEPERS Clothing & Uniforms Fire 168380 91 KIPP, SCOTT Mileage & Parking Planning 168381 12 KRAEMERS HARDWARE INC Equipment Parts Fleet Services 168382 235 KRESS, CARLA Special Event Fees Classes/Programs/Events 168383 115 LAKEWEST HOLDINGS LLC Deposits Escrow 168384 19 LANO EQUIPMENT INC Equipment Parts Fleet Services 168385 1,397 LIONS TAP Operating Supplies Fire 168386 8,971 MARK VII Beer Prairie View Liquor Store Check #Amount Vendor /Explanation Account Description Business Unit 168387 1,937 MASTER CRAFT LABELS INC Fire Prevention Supplies Fire 168388 480 MEDICINE LAKE TOURS Special Event Fees Trips 168389 367 MENARDS Training Supplies Police 168390 615 ,000 MERIDIAN FC LLC Deposits Escrow 168391 160 METRO CONTRACTING Plumbing Permits General Fund 168392 462 MICHELAU, JOHN Other Contracted Services Softball 168393 175 MID AMERICA FESTIVALS Deposits Escrow 168394 1 ,070 MIDWEST ASPHALT CORPORATION Repair & Maint.Supplies Storm Drainage 168395 993 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 168396 1 ,391 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 168397 519 MINNESOTA DEPARTMENT OF REVENU Other Contracted Services Pleasant Hill Cemetary 168398 110 MINNESOTA DEPT OF LABOR AND IN Contract Svcs - HVAC City Hall - CAM 168399 36 MINNESOTA DEPT OF PUBLIC SAFET Equipment Repair & Maint Police 168400 1 ,726 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 168401 2 ,104 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 168402 1 ,085 MITY-LITE INC Operating Supplies Senior Center Operations 168403 169 MN NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 168404 307 MORAN USA, LLC Beer Den Road Liquor Store 168405 295 MORROW, JAMES Tuition Reimbursement /School Police 168406 73 MTI DISTRIBUTING INC Equipment Parts Fleet Services 168407 112 NELSON, ALLEN M.Office Supplies Housing Inspections 168408 524 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 168409 436 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 168410 486 NRG ASSOCIATES Misc Taxable Den Road Liquor Store 168411 13 OFFICE DEPOT CREDIT PLAN Office Supplies Fire 168412 187 OLSEN COMPANIES Equipment Repair & Maint Traffic Signals 168413 100 OTTERNESS, RON Instructor Service Outdoor Center 168414 347 PARK NICOLLET CLINIC Safety Supplies Fire 168415 45 PARTEK SUPPLY INC Landscape Materials/Supp Street Maintenance 168416 4 ,117 PAUSTIS & SONS COMPANY Wine Imported Prairie View Liquor Store 168417 17,383 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 168418 6 ,591 POMP'S TIRE SERVICE INC Tires Fleet Services 168419 1 ,464 PRAIRIE ELECTRIC COMPANY Equipment Repair & Maint Water Storage 168420 519 PRAIRIE OFFSET PRINTING Fire Prevention Supplies Fire 168421 866 PRIOR WINE COMPANY Wine Imported Prairie Village Liquor Store 168422 18 PRIORITY COURIER EXPERTS Equipment Parts Fleet Services 168423 3,725 PRO HOME Other Contracted Services Rehab 168424 406 PROP United Way Withheld General Fund 168425 122 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 168426 15,789 QUALITY WINE & SPIRITS CO Wine Domestic Prairie Village Liquor Store 168427 2,564 QWEST Telephone City Hall - CAM 168428 2 ,000 RAMSEY COUNTY SHERIFF'S DEPT.Deposits Escrow 168429 330 RAY, LEE Other Contracted Services Softball 168430 967 RCM & ASSOCIATES Operating Supplies Inspections -Administration 168431 161 REED BUSINESS INFORMATION Legal Notices Publishing Storm Drainage Projects 168432 112 REYNOLDS, ROB Mileage & Parking Police 168433 347 RICHARDSON, JIM Conference Expense Engineering 168434 144 RIDGEVIEW MEDICAL CENTER Other Contracted Services Workers Comp Insurance 168435 315 ROOT O MATIC Contract Svcs - Plumbing Ice Arena Maintenance 168436 26 RUSSELL & MILLER, INC Operating Supplies Den Road Liquor Store 168437 130 SCOTT COUNTY COMMUNITY CORRECT Tuition Reimbursement /School Police 168438 34 SETON EVENTS Supplies - General Bldg Community Center Maintenance 168439 541 SHAMROCK GROUP, INC - ACE ICE Misc Non-Taxable Den Road Liquor Store 168440 20 ,286 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Storm Drainage 168441 105 SHRED-IT Waste Disposal City Center Operations 168442 11,414 SOUTH METRO PUBLIC SAFETY TRAI Other Rentals Police 168443 58 SPECIALTY WINES AND BEVERAGES Wine Imported Den Road Liquor Store 168444 16 ,756 SRF CONSULTING GROUP INC Design & Engineering Improvement Projects 2006 168445 6 ,005 ST CROIX ENVIRONMENTAL INC Other Contracted Services Utility Improvement Fund 168446 83 STATE SUPPLY COMPANY Supplies - Plumbing City Hall - CAM 168447 292 STELLAR ENERGY SERVICES INC Contract Svcs - Electrical Police City Center 168448 98 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services Check #Amount Vendor / Explanation Account Description Business Unit 168449 100 STITELER, SHARON Instructor Service Outdoor Center 168450 1,264 STREICHERS Training Supplies Police 168451 243 SUN NEWSPAPERS Legal Notices Publishing City Clerk 168452 217 TESSMAN SEED CO Chemicals Park Maintenance 168453 713 TH PARKER INC Deposits Escrow 168454 8,372 THORPE DISTRIBUTING Beer Den Road Liquor Store 168455 22 TOLL GAS AND WELDING SUPPLY Small Tools Fleet Services 168456 324 TWIN CITIES & WESTERN RAILROAD Licenses & Taxes Water Distribution 168457 770 TWIN CITY AREA LABOR MGMT COUN Tuition Reimbursement/School Utility Operations - General 168458 313 UNIFORMS UNLIMITED Clothing & Uniforms Police 168459 104 UNITED RENTALS HIGHWAY TECHNOL Improvements to Land Capital Impr. / Maint. Fund 168460 302 UNITED WAY United Way Withheld General Fund 168461 1,490 UNIVERSITY OF WISCONSIN, MADIS Conference Expense Housing Inspections 168462 299 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 168463 61 VERIZON WIRELESS Operating Supplies Police 168464 429 VESSCO INC Equipment Repair & Maint Water Wells 168465 876 VINO SOURCE, THE Liquor Den Road Liquor Store 168466 480 WALL TRENDS INC Contract Svcs - Gen. Bldg City Center Operations 168467 1,331 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance 168468 260 WESTSIDE EQUIPMENT Equipment Repair & Maint Fleet Services 168469 1,071 WHEELER LUMBER LLC Building Materials Street Maintenance 168470 1,388 WINE CELLAR INNOVATIONS Operating Supplies Den Road Liquor Store 168471 2,180 WINE COMPANY, THE Wine Domestic Den Road Liquor Store 168472 9,951 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 168473 136 WORK CONNECTION, THE Other Contracted Services Park Maintenance 168474 1,784 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 168475 59,744 XCEL ENERGY Electric Sewer Liftstation 168476 11,922 YALE MECHANICAL INC Contract Svcs - HVAC Senior Center 168477 75 YOCUM OIL COMPANY INC Operating Supplies Utility Operations - General 168478 244 CARLSON, JODY Conference Expense Assessing 168479 170 COOK, BARB Mileage & Parking Assessing 168480 283 COSTCO Employee Award Organizational Services 168481 9,425 DAVE'S TREE SERVICE AND LANDSC Improvement Contracts Improvement Projects 1996 168482 39 GERTENS Landscape Materials/Supp Park Maintenance 168483 130 MTI DISTRIBUTING INC Equipment Parts Fleet Services 168484 412 SAMS, JOHN Conference Expense Assessing 168485 226 BACHMAN PRINTING General 494 Corridor Commission 168486 245 BOBBY & STEVE'S AUTO WORLD General 494 Corridor Commission 168487 62 COMCAST General 494 Corridor Commission 168488 63 COOK, BEN General 494 Corridor Commission 168489 371 COORDINATED BUSINESS SYSTEMS L General 494 Corridor Commission 168490 75 EDINA CHAMBER OF COMMERCE General 494 Corridor Commission 168491 2,987 EXPRESS PERSONNEL SERVICES General 494 Corridor Commission 168492 527 FEDEX KINKO'S OFFICE AND PRINT General 494 Corridor Commission 168493 557 INDEPENDENT SCHOOL DISTRICT NO General 494 Corridor Commission 168494 113 INTERACTIVE STRATEGIES GROUP General 494 Corridor Commission 168495 20 INTERNET EXPOSURE INC General 494 Corridor Commission 168496 1,312 MADISON, MELISSA General 494 Corridor Commission 168498 2,500 MESSERLI & KRAMER General 494 Corridor Commission 168499 11,958 MINNEAPOLIS DOWNTOWN COUNCIL General 494 Corridor Commission 168500 422 MINNEAPOLIS REGIONAL CHAMBER 0 General 494 Corridor Commission 168501 1,956 NATIONAL PREMIUM INC General 494 Corridor Commission 168502 10 RICHFIELD CHAMBER OF COMMERCE General 494 Corridor Commission 168503 25 SOUTHWEST TRANSIT General 494 Corridor Commission 168504 203 VERIZON WIRELESS General 494 Corridor Commission 168505 1,004 WELLS FARGO BANK General 494 Corridor Commission 168506 50 EDEN PRAIRIE CHAMBER OF COMMER General 494 Corridor Commission 168507 233 MEREDITH KATE General 494 Corridor Commission 168508 205 UNIVERSITY OF MINNESOTA Conference Expense Engineering 4,600 ,679 Grand Total US Bank Purchasing Cards Wire #'s 2815 - 2822 Payment Date 10/01/2007 Amount Explanation Supplier Account Description Business Unit 15 US-Dinner-Assist Rushford GREEN MILL Travel Expense Water Distribution 16 US-Dinner-Assist Rushford GREEN MILL Travel Expense Water Distribution 57 US-Gas-Trip to Rushford,MN SINCLAIR Motor Fuels Water Distribution 13 US-Dinner-Assist Rushford GREEN MILL Travel Expense Water Distribution 348 US-Hotel-Assist Rushford HOLIDAY INN Travel Expense Water Distribution 250 US-Law Enf Train-Williams ATOM Tuition Reimbursement/School Police 179 US-Air Fare-Conf.Reynolds AWRTRAN AIRWAYS Tuition Reimbursement/School Police 20 US-Air Fare Service Fee AWRTRAN AIRWAYS Tuition Reimbursement/School Police 58 US -Display Items-Job Fairs SIEGEL DISPLAY PRODUCTS Training Supplies Police 220 US-IACP Conf-Jim Morrow IACP Tuition Reimbursement/School Police -382 US-Airfare Cancel Refund NORTHWEST AIRLINES Tuition Reimbursement/School Police -382 US-Airfare Cancel Refund NORTHWEST AIRLINES Tuition Reimbursement/School Police -20 US-Service Fee Refund NORTHWEST AIRLINES Tuition Reimbursement/School Police -20 US-Service Fee Refund NORTHWEST AIRLINES Tuition Reimbursement/School Police 382 US-Airfare to Conference NORTHWEST AIRLINES Tuition Reimbursement/School Police 382 US-Airfare to Conference NORTHWEST AIRLINES Tuition Reimbursement/School Police 20 US-Service Fee NORTHWEST AIRLINES Tuition Reimbursement/School Police 20 US-Service Fee NORTHWEST AIRLINES Tuition Reimbursement/School Police 20 US-Service Fee CARLSON WAGONLIT TRAVEL Tuition Reimbursement/School Police 363 US-Airfare to Conf-J.Morrow CARLSON WAGONLIT TRAVEL Tuition Reimbursement/School Police 69 US-Lights for Armory FRYS.COM Training Supplies Police 35 US-Bed Rat.HOME DEPOT CREDIT SERVICES Equipment Parts Fleet Services 80 US -Safety Camp DVD Dupl.TECHWARE DISTRIBUTION INC Printing Communication Services 230 US-PRSA Conf-April Shaw NONPROFIT SOLUTIONS Conference Expense Communication Services 230 US-PRSA Conf-Katie Beal NONPROFIT SOLUTIONS Conference Expense Communication Services 31 US-SC RD Pin Anchor OLSON CHAIN & CABLE Small Tools Sewer Utility -General 57 US-Tools,Spray,Flood Bulbs MENARDS Small Tools Sewer Utility -General 256 US-Tools/Box Truck #720 NORTHERN TOOL & EQUIPMENT Small Tools Water System Maintenance 124 US-Lime Bin Covers KC SUPPLY Equipment Parts Water Treatment Plant 30 US-Fuel-Truck #705 MARATHON OIL Motor Fuels Sewer Utility -General 520 US-Freeze Kit-Repair Serv.RIDGE TOOL COMPANY Equipment Repair & Maint Water System Maintenance 28 US-Pks Boundary Sign Sup.HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 61 US-T-Shirts for Staff MICHAELS - THE ARTS & CRAFTS S Safety Supplies Riley Lake Beach 38 US-Riley Beach Supplies TARGET Safety Supplies Riley Lake Beach 19 US-All-day Staff Training EINSTEIN BAGELS Training Supplies Pool Operations 30 US-Pool Supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Pool Operations 3 US-Transf.Box-Fire Truck MENARDS Equipment Parts Fleet Services 40 US-SignTools MENARDS Small Tools Traffic Signs 24 US-Small Tools-C .B.Trailer MENARDS Small Tools Storm Drainage 15 US-Seat Choice Chg-Parker NORTHWEST AIRLINES Travel Expense Fire 15 US-Seat Choice Chg -Koering NORTHWEST AIRLINES Travel Expense Fire 2,363 US-Books for New Recruits JONES AND BARTLETT PUBLISHERS Tuition Reimbursement/School Fire 528 US-10-CEVO Fire Online NATIONAL SAFETY COUNCIL Tuition Reimbursement/School Fire 8 US-Chiefs Planning Session PANERA BREAD Operating Supplies Fire 18 US-Esbensen Refunded Chk GRUBENS MARINA TOWER Operating Supplies Fire 74 US-Tools for PortableTorches TOLL GAS AND WELDING SUPPLY Equipment Repair & Maint Park Maintenance 6 US-Turf WALMART COMMUNITY Operating Supplies Park Maintenance 4 US-Irrigation Supplies MENARDS Operating Supplies Park Maintenance 8 US-Picnic Pav/Spring RTA MENARDS Operating Supplies Park Maintenance 98 US -Soccer Supplies MENARDS Operating Supplies Park Maintenance 204 US-Water Sign Project HOME DEPOT CREDIT SERVICES Training Supplies Utility Operations -General 20 US-Water Sign Project HOME DEPOT CREDIT SERVICES Training Supplies Utility Operations -General 15 US-Plant Cleaning Supplies WALMART COMMUNITY Cleaning Supplies Utility Operations -General 230 US-MN APA Conference PAYPAL INC Conference Expense Community Development Admin. 10 US-Fuel- ?AMOCO OIL COMPANY Motor Fuels Fleet Services 37 US- 6" PVC Caps MENARDS Repair &Maint.Supplies Park Maintenance 9 US-Wrenches/Clamps MENARDS Operating Supplies Park Maintenance 2 US-R.Nelson's Party CUB FOODS EDEN PRAIRIE Employee Award Organizational Services 80 US -Conf-Preparing Budget GOVERNMENT FINANCE OFFICERS AS Conference Expense Finance 80 US -Internal Control Seminar GOVERNMENT FINANCE OFFICERS AS Conference Expense Finance 7,746 US-July Building Surcharges DEPT OF LABOR & INDUSTRY Building Surcharge General Fund 608 US -July Building Surcharges DEPT OF LABOR & INDUSTRY Mechanical Surcharge General Fund 366 US-July Building Surcharges DEPT OF LABOR & INDUSTRY Plumbing Surcharge General Fund -174 US-July Building Surcharges DEPT OF LABOR & INDUSTRY Other Revenue General Fund 165 US-APA Members.Renewal AMERICAN PAYROLL INSTITUTE INC Dues &Subscriptions Finance 225 US-MGFOA Conf-T.Wilson MINNESOTA GFOA Conference Expense Finance 1,661 US-Senior Golf Classic DAHLGREEN GOLF CLUB Special Event Fees Classes/Programs/Events 170 US-Senior Golf Classic DAHLGREEN GOLF CLUB Operating Supplies Senior Board 89 US -Senior BBQ RAINBOW FOODS INC.Special Event Fees Classes/Programs/Events 36 US-Concess.Clean.Suppl.TARGET Operating Supplies Concessions 21 US-Concess.Clean.Suppl.TARGET Operating Supplies Concessions 434 US-Dasher Board ATHLETICA Advertising Park Acquisition & Development Amount Explanation Supplier Account Description Business Unit 221 US-Pastry Case-Concess.SUPERIOR PRODUCTS MFG CO Operating Supplies Concessions 519 US-Pizza Oven-Concess.SUPERIOR PRODUCTS MFG CO Capital Under $2,000 Concessions 23 US-Mtg w/Gay Garner THE ORIGINAL PANCAKE HOUSE Miscellaneous City Manager 109 US-Budget Comm Wkshop D'AMICO AND SONS Miscellaneous City Council 249 US-Council Wkshop Food BIAGGI'S RISTORANTE ITALIANO Miscellaneous City Council 21 US-Mtg w/Karen Kurt PEI WEI Miscellaneous City Manager 8 US-Blog TIGER TECHNOLOGIES Software Information Technology 190 US-Council Wkshop Food PANERA BREAD Miscellaneous City Council 136 US-Curr Develop-Train.Prog.CENTER FOR GENERATIONAL STUDIE Training Supplies Organizational Services 3 US-Small Tools for Truck MENARDS Small Tools Sewer Utility - General 59 US-Small Tools for Truck MENARDS Small Tools Sewer Utility - General 129 US-Scheduling Software NORTHSTAR SOLUTIONS Software Water Treatment Plant 10 US-Sire Conference HMS HOST Conference Expense City Clerk 314 US-Sire Conference MARRIOTT HOTELS Conference Expense City Clerk 21 US-Gertens/Bachman's Run HOLIDAY STATION STORES INC Operating Supplies Park Maintenance 133 US-Senior Center Plants SAILER'S GREENHOUSE Supplies - Lawn Maintenance Senior Center 66 US-Senior Center Plants SAILER'S GREENHOUSE Supplies - Lawn Maintenance Senior Center 77 US-Sr Ctr Plant.Main Entry MENARDS Supplies - Lawn Maintenance Senior Center 1 US-Irrigation-Sr. Center MENARDS Supplies - Lawn Maintenance Senior Center 24 US-Sr Ctr Outdoor Supplies MENARDS Landscape Materials/Supp Park Maintenance 66 US-Sr Ctr Plant.Main Entry GERTENS Supplies - Lawn Maintenance Senior Center 8 US-Plant Labels-Purgatory BACHMANS CREDIT DEPT Landscape Materials/Supp Park Maintenance 61 US-Sr Ctr Landscape Fabric MENARDS Supplies - Lawn Maintenance Senior Center 40 US-Purgatory Landsc.Fabric MENARDS Landscape Materials/Supp Park Maintenance 15 US-Hooks-Materials BACHMANS CREDIT DEPT Landscape Materials/Supp Park Maintenance 56 US-Purgatory Equipment MENARDS Operating Supplies Park Maintenance 23 US-Sr Ctr Landscaping MENARDS Supplies - Lawn Maintenance Senior Center 50 US-CPCA Membership NCPC Tuition Reimbursement/School Police 99 US-Operating Supplies MENARDS Operating Supplies Street Maintenance 385 US-Catch Basin Trailer MENARDS Repair & Maint. Supplies Infiltration/Inflow Study 92 US-Front Office Chair OVERSTOCK.COM Office Supplies Community Center Admin 109 US-Ribbon-Picture Printer CDW GOVERNMENT INC.Office Supplies Community Center Admin 150 US-Signage for High School FASTSIGNS Operating Supplies Reserve 13 US-Wasp & Hornet Spray MENARDS Operating Supplies Park Maintenance 14 US-Acrylate Anchoe MENARDS Repair & Maint. Supplies Park Maintenance 74 US-Plywood HOME DEPOT CREDIT SERVICES Repair & Maint. Supplies Park Maintenance 19 US-Spray & Paint Tray Liner MENARDS Operating Supplies Park Maintenance 174 US-Tennis Court Bang Brds MENARDS Building Materials Park Maintenance 26 US-Book-Water We Drink BARNES & NOBLE Training Supplies Utility Operations - General 206 US-Small Tools HARBOR FREIGHT Small Tools Water System Maintenance -26 US-Bk Refimd-Last Mo.Chg BARNES & NOBLE Training Supplies Utility Operations - General 40 US-4 Playgr.Camp Snacks WALMART COMMUNITY Operating Supplies Playgrounds 16 US-2008 Calendar FRANKLIN COVEY Operating Supplies Youth Programs Administration 32 US-Charged on Wrong Card KOWALSKI'S MARKET Deposits Escrow 35 US-Staff Meeting KOWALSKI'S MARKET Operating Supplies Playgrounds -32 US-Refimd -Wrong Card KOWALSKI'S MARKET Deposits Escrow 33 US-Latch &Storage Boxes WALMART COMMUNITY Operating Supplies Playgrounds 54 US-Latch &Storage Boxes WALMART COMMUNITY Operating Supplies Playgrounds 8 US-Paint Set/Lighter Fluid WALMART COMMUNITY Operating Supplies Playgrounds 59 US-Student/Staff Yr End Pty PIZZA HUT Operating Supplies Teen Work Program 140 US-Gifts/DVD Mail.Saft Cmp TARGET Operating Supplies Safety Camp 19 US-Snacks-Soul Fire Mtg KOWALSKI'S MARKET Operating Supplies Youth Programs Administration 63 US-Bee Traps and Spray HOME DEPOT CREDIT SERVICES Operating Supplies Camps 67 US-International Fest.Supp.HOME DEPOT CREDIT SERVICES Operating Supplies International Festival 11 US-Torch Oil-Park-in-Movie TARGET Operating Supplies Arts Initiative -53 US-Intern.Festival Supp.Ref.HOME DEPOT CREDIT SERVICES Operating Supplies International Festival 9 US-Park-in-Movie BLOCKBUSTER Operating Supplies Special Initiatives 180 US-Bocce Awards-L.Frey APPLEBEE'S NEIGHBORHOOD BAR &Awards Bocce 30 US-Bocce Awards-L.Frey NEW BEIJING CHINESE RESTAURANT Awards Bocce 12 US-RileyJacq Twilight Spec.CUB FOODS EDEN PRAIRIE Operating Supplies Riley-Jacques Barn 4 US-Miller Pk Playgr Suppl.WALMART COMMUNITY Operating Supplies Playgrounds 14 US-Round Lk Playgr Supp.WALGREEN'S #5080 Operating Supplies Playgrounds 27 US-Miller Pk Playgr Suppl.KOWALSKI'S MARKET Operating Supplies Playgrounds 20 US-Miller Pk Playgr Suppl.WALMART COMMUNITY Operating Supplies Playgrounds 19 US-Saturday Night Outing WALMART COMMUNITY Operating Supplies Teen Programs 100 US-HTML-Image-Sire PLIMUS.COM Software Information Technology 54 US-Security for E-permits PAYPAL INC Software Maintenance Information Technology 230 US-Conference-A.Feidt MN GIS/LIS CONFERENCE Conference Expense Information Technology 29 US-ConfLunch-4 Employee HMS HOST Conference Expense Information Technology 32 US-Rental Car Gas-Conf.PILOT Conference Expense Information Technology 375 US-L.Wu Conference Hotel MARRIOTT HOTELS Conference Expense Information Technology 314 US-S.Mitchel Conf Hotel MARRIOTT HOTELS Conference Expense Information Technology 314 US-M.Hutter Conf Hotel MARRIOTT HOTELS Conference Expense Information Technology 600 US-Conf-E.Muehlberg-HPC NATIONAL HERITAGE PRESERVATION Conference Expense Heritage Preservation 36 US-MN Bus Mag-D.Lindahl METROPOLITAN MEDIA GROUP INC Dues &Subscriptions Economic Development 239 US-ConfTravel-D.Lindahl EXPEDIA Travel Expense Economic Development Amount Explanation Supplier Account Description Business Unit 5 US-Booking Fees EXPEDIA Travel Expense Economic Development 25,737 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances & Resolutions October 16, 2007 DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: XI.A. Eugene A. Dietz Approve Second Reading of Sidewalk Public Works & Trail Snow Removal Ordinance Requested Action Move to: •Approve Second Reading of an Ordinance Relating to Snow Removal on Sidewalks and Trails; and •Adopt resolution approving summary for publication; and •Authorize an amendment to the 2007 Capital Improvements Projects (CIP) budget to include the expenditure of $116,500 for additional equipment for sidewalk snow removal. Background Information The first reading of the Ordinance was granted during a regular meeting of the Eden Prairie City Council on October 2, 2007. The following modifications were made to the Ordinance in preparation for this second and final reading: 1)Language was added to clarify that the sidewalks and trails that will be the responsibility of adjacent property owners is limited to those that are abutting public streets and specifically excludes those that are between homes and in back yards. 2)All reference to utilization of sand and salt to control ice has been removed from the Ordinance. 3)Scenic Heights Road was added to the list of roadways for which the City will be responsible for snow removal from trails/sidewalks. 4)Minor editorial comments. Housing and Community Services have confirmed that the HOME (Home Outside Maintenance for the Elderly) Program is available for snow removal for residents aged 60 and over. The Program asks for a nominal contribution from the property owner, but is based on income and I am assured that it is very affordable. Staff continues to explore the possibility of programs that may be available to physically- impaired residents in the community. Intuitively, most situations will probably be covered by the HOME Program based on age, but we will investigate other possibilities. Assuming that Council adopts the Second Reading of the Ordinance, staff will be preparing a direct mailing to each property owner in the City that would include information about the HOME Program and would also encourage residents to lend a helping hand to neighbors that may be of need. At this time, staff recommends that no special Ordinance provision be made for military personnel on active duty.We can better judge the needs for this as we encounter specific situations. Attachments •Attachment 1 - Ordinance •Resolution Approving Summary •Letter from Resident CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 6 BY ADDING SECTION 6.21 RELATING TO SNOW AND ICE REMOVAL AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 6.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. The City Council of the City of Eden Prairie ,Minnesota,ordains: Section 1.City Code Chapter 6 is amended by adding Section 6.21 which shall read as follows: SECTION 6.21. SNOW AND ICE REMOVAL. Subd .1.Purpose .The purpose of this ordinance is to require Owners and Occupants of real property to remove snow and ice from public Sidewalks and Trails that are adjacent to and abutting the public street system to prevent a public nuisance affecting the safety of the general public. Subd .2.Definitions .The following words, terms and phrases, when used in this section shall have the meanings ascribed to them in this subsection, except when the context clearly indicates a different meaning: A."Daytime for purposes of this section shall be the period of time from 8:00 a.m. to 5:00 p.m. B."Owner shall mean the fee owner and/or manager/agent of the building or lot as listed on the records of the Hennepin County Taxpayer's Services Department. C."Occupant shall mean the tenant or tenants with respect to one or two family dwellings, the manager or person having care, custody or control of the building or lot with respect to three family or larger dwellings, commercial premises, industrial premises, vacant lots or unoccupied buildings. D."Sidewalk shall mean that 5-foot strip adjacent to or a portion of a street or highway right of way which is improved for pedestrian use and which is adjacent to the side yard or the front yard of a lot, constructed of concrete. E."Trail shall mean that 8 or 10-foot strip adjacent to or a portion of a street or highway right of way which is designated as a public recreational Trail for use by pedestrians and bicyclists, constructed of asphalt. F."Last known address shall mean the address for the Owner or Occupant as shown on the records of the Hennepin County Taxpayer's Services Department. G."Department shall mean the City of Eden Prairie Department of Public Works. Subd .3.Requirements for Removal of Snow and Ice. A.The City shall be responsible for removal of snow and/or ice from Sidewalks or Trails abutting the following streets: Anderson Lakes Pkwy.Golden Triangle Drive Braxton Drive Hennepin Town Road Bryant Lake Drive Holly Road Candlewood Pkwy.Homeward Hills Road Charlson Road Mitchell Rd / Baker Rd CSAH 1 Prairie Center Drive Columbine Road Preserve Blvd. County Road 62 Riley Lake Road Dell Road Rowland Road Duck Lake Road Scenic Heights Road Duck Lake Trail Spring Road Eden Prairie Road Staring Lake Pkwy. Edenvale Blvd.Valley View Road Flying Cloud Drive Wallace Road Franlo Road West 78th Street B.The Owner or Occupant having the care, custody and control of any building that is a one-or two-family dwelling shall cause snow and/or ice to be removed from the public Sidewalk or Trail abutting or adjoining the lot upon which such building is situated, within the first twenty four (24) hours after the cessation of the precipitation, except from Trails or Sidewalks with the street rights of way listed in "A above. C.The Owner or Occupant having the care ,custody or control of any building or lot (except one-and two-family dwellings) shall cause snow and /or ice to be removed from the public Sidewalk or Trail abutting or adjoining the lot upon which such building is situated, within the first eight (8) hours of daytime after the cessation of precipitation, except from Trails or Sidewalks with the street rights of way listed in "A above. D.Snow and ice shall be removed from the entire 5-foot width of Sidewalks. A width of 5- feet of snow and ice shall be removed from 8-foot width Trails. E.Trails that are behind and/or between homes are specifically excluded from Owner or Occupant responsibility for snow and ice removal. F.The location of Sidewalks and Trails and the snow and ice removal requirements established by this ordinance are identified on the map entitled "Sidewalk and Trail Plowing Designation . The map is on file and open for public inspection in the office of the City Engineer.An unofficial image of the map is available on the City's website at www.edenprairie.org. Subd .4.Nuisance .Snow and/or ice which are allowed to remain upon any Sidewalk or Trail within the City referred to in Subdivision 3, B and C above for a period longer than is allowed by this section shall be declared a nuisance.The Department is authorized to remove the snow and/or ice or arrange for the removal of the same and charge the costs incurred against the abutting property Owner or Occupant. Subd .5.Notice. Before the Department removes the snow and/or ice, it shall serve or cause to be served upon the Owner or Occupant of the abutting property a written notice informing the Owner or Occupant that the snow and/or ice has not been removed from the Sidewalk or Trail pursuant to this section.Such notice shall describe the location of the snow and/or ice and inform the Owner or Occupant that the Department will inspect the property no earlier than twenty four (24) hours from the date of the notice to ascertain whether a nuisance exists . If upon inspection by the Department the Sidewalk or Trail is found to be in violation of this section, the Department may immediately schedule removal of the snow and/or ice by the Department or private contractor. Subd 6 .Service of Notice .Service of the notice may be completed by personal service, service by mail or by posting. A.Personal service. Service of the notice may be completed by personal delivery of a copy to the Owner or Occupant or, in situations where the Owner or Occupant is not available, by leaving a copy of the notice with some person of suitable age and discretion at the Owner's or Occupant's last known address or, if applicable, by leaving a copy with the person of suitable age and discretion at the premises where the nuisance exists. B.Service by Mail. Service of the notice may also be accomplished by mailing the notice to the last known address of the Owner or Occupant. Service by mail is complete upon mailing. C.Service by Posting.Service of the notice may also be completed by posting a copy thereof in a conspicuous place upon the premises where the nuisance exists. Subd .7.Removal by City;Assessment of Costs. If after twenty four (24) hours following service of such notice the snow and/or ice has not been removed, the City may cause its removal by the Department or private contractor. An accurate record of the costs incurred therein shall be kept by the Department.The total cost of this removal, including administrative costs, shall be charged to the Owner or Occupant of the lot abutting the Sidewalk or Trail from which the City has removed snow and/or ice. If said charges are not paid within thirty (30) days after a bill of the charges has been mailed to the last known address of Owner or Occupant, the City Council may assess and levy, and cause to be collected, the amount of such charges as a special assessment upon and against the property and buildings involved, in the manner as provided by Minn. Stat. § 429.101 or any similar provision hereafter enacted. Such assessments shall be paid in a single installment. Subd .8.Non -liability of City.No claim shall be made against the City due to failure of any Owner or Occupant to comply with this section. Section 2.City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code including Penalty for Violation and Section 6.99 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 2nd day of October, 2007, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ,2007. Kathleen Porta ,City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on the day of ,2007. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 24-2007 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 24-2007 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 16 th day of October, 2007. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,THAT THE CITY COUNCIL FINDS,DETERMINES, AND ORDERS AS FOLLOWS: A.The text of Summary of Ordinance No. 24-2007, attached hereto as Exhibit A conforms to Minn. Stat. § 331A.01, subd. 10, and is approved, and publication of the title and Summary of Ordinance will clearly inform the public of the intent and effect of the Ordinance. B.The title and summary shall be published once in the Eden Prairie Sun Current in a body type no smaller than brevier or 8 point type. C.A printed copy of the Ordinance shall be made available for inspection for any person, during regular business hours, at the offices of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. D.Ordinance 24-2007 shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication. ADOPTED by the City Council on October 18, 2007. Phil Young, Mayor ATTEST: Kathleen Porta ,City Clerk PUBLISHED in the Eden Prairie Sun Current of the day of , 2007. EXHIBIT A SUMMARY OF ORDINANCE NO. 24-2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 6 BY ADDING SECTION 6.21 RELATING TO SNOW AND ICE REMOVAL AND ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 4.99,WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary:The ordinance amends Chapter 6 of the City Code by adding Section 6.21 regarding snow and ice removal from public sidewalks and trails. The ordinance lists several streets where the City is responsible for removal of snow and ice from the adjacent public sidewalks and/or trails. The ordinance provides that owners or occupants of one-or two-family dwellings are responsible for snow and ice removal from adjacent public sidewalks and/or trails within 24 hours after cessation of precipitation and that owners and occupants of all other buildings/lots shall remove snow and ice within 8 hours of daytime following the cessation of precipitation.The ordinance declares snow and ice remaining after the applicable period to constitute a nuisance and following notice to the owner or occupant may be removed by the City's Department of Public Works. If removal by the City is required, the ordinance provides that the cost of removal may be assessed against the property pursuant to Minnesota Statute §429.101. Effective Date:This ordinance shall take effect upon publication. ATTEST: Kathleen Porta ,City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on (A full copy of the text of this Ordinance is available from City Clerk.) q,6-72- 1(1/q--Z 'Z-,R TS J- V Ctk-t YSl5 C l h ^ o')s tea x.9'3 *7 7-1t_M-e e /10-5 'i 6I€arto ^.cj i^/dw Z pa ck ?e s,,P a U T"' cs F f-i ' ct af it o) ^a F'10^<^jvl^ ho vs )e (d c V20 Fr 4-1 /i2-ZI-- e^ ChtG / ec aIcs ^bll v^41 L d ^`^ sf c-e ,Tt $7 its arK6s • • ° zlt/02A\A @Qv qo4d 11i Q ) ve> 03c17\,1 ay/ 5-\4 4_4 .4 c,p-01,s7 5 Ni_jt. oc) cZ 1/Q. --p k-e) ID LA 8,X (25-F n W \-1) 11e - 5 00 (1/ p 5 TY‘i Ati _I:" 52.1 okkots& p,./5 d))/lo \I 1/67A 26-1,179P,514.00i5?),W a\.t.4401() -01,41, pi o M 141a0q " 6("1\--/Pautvl \A-a. di) -a- 14 0020 CITY COUNCIL AGENDA DATE: SECTION:Report of Community Development Director October 2, 2007 DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO. XIV.C.1. Community Development:Lease renewal terms Janet Jeremiah/David Lindahl Dunn Bros Coffee/Smith Douglas More Property 8107 Eden Prairie Road Requested Council Action: Move to: n Direct staff to prepare a new lease between the City of Eden Prairie and Puregrace, LLC (a Dunn Bros Coffee Franchisee) at the Smith-Douglas-More Property located at 8107 Eden Prairie Road per the terms outlined in this memo. Synopsis: The current 5-year lease between the City and Dunn Bros will expire at the end of this year. Over the past few months, staff has been negotiating terms for a new lease with the franchise entity (Puregrace LLC) that has been subleasing the property from Dunn Bros since October 1, 2006. Although Dunn Bros has honored their lease , they indicated back in 2004 that the store was operating at a loss and they or their franchisee would need a significant rent reduction before they could renew a lease.Over the past two months the idea of selling the property emerged and the City had the property appraised at $565,000. Both Puregrace and Dunn Bros have indicated they will not pursue a purchase at the appraised value, but Puregrace is prepared to renew a lease per the following terms: Puregrace Franchisee Lease Proposal: °Term °Annual net rent °Additional rent ° ° Rent security Utilities Outside maintenance Exterior repairs HVAC maintenance Taxes Expand parking Upper level fire exit 12-18 months $33,250 - includes $18,000 from Puregrace and $15,250 from a prospective subtenant (College Nannies & Tudors). Puregrace will pay 5% of gross sales over $30,000/month. The store is currently doing about $30,000/month sales on average.. 12-18 months Tenant pays City pays - about $5,500 annually City pays City pays City pays - about $15,000/year City pays - about $30,000 +/- City pays - about $12,000 (increases occupancy for tutoring business Puregrace would like the parking lot reconfigured in order to provide better circulation and to add about 9- new parking spaces ,which they feel is important for the future success of the business .Plehal Blacktopping provided a rough estimate of $27,500 last summer based on a plan developed by our planning staff,which assumed the City would remove the old storage facility and a few trees. Puregrace has represented that since it began subleasing the store October 1, 2006, they have barely broken even financially - and they have not paid rent or taxes during this period - Dunn Bros has. They had some extraordinary expenses related to equipment repairs, interior painting, etc that have exacerbated the situation to some extent. A typical coffee store is about 1,500 square feet in size - the Smith Douglas More property is 3,200 square feet on a 1.5 acre site, so utilities and outside maintenance costs are high. If the City agrees to pay the taxes and outside maintenance but does not pursue the parking lot expansion or fire exit project, it would net about $12,000 in 2008 based on rental income of $33,250 and assuming there are no exterior repairs needed. If the City also pays for a parking expansion and fire exit it would cost the City about $30,000. If the Council wants to continue to lease the property to Dunn Bros as a coffee shop in 2008, the terms outlined above will need to be agreed to. However, staff would recommend not pursuing the parking lot expansion or fire exit improvements unless the tenants agree to pay more rent and will commit to a five-year lease. Dunn Bros Company Proposal The owners of Dunn Bros had also considered making an offer to purchase the property but have declined and instead provided an alternative proposal to enter into a "concessionaire agreement with the City (see attached letter from Dunn Bros). The general idea of their proposal is that although they are operating a business at the property it has evolved into something more than just another coffee shop, and now serves the community as a general gathering place, a historical museum , an event and meeting center for private and civic groups, and a safe meeting place and hang-out for many young people.With this in mind, and because they have been operating at a loss ,due primarily to high rent and property taxes relative to gross sales , they have proposed the following terms: °Term 5-years with one 5-year option °Annual Net Rent $18,000 ($1,500/month) plus 5% of gross sales over $35,000/year (currently doing about $30,000/year). °Rent Security None indicated °Rent Escalator None indicated (currently annual escalator based on CPI index) °Repair & Maintenance City pays - maintenance currently about $5,500 °Electric & Gas City pays - currently about °Taxes City pays - currently about $15,000/year °Event Management City would program and coordinate events °Parking lot City would pay for expansion ($30,000 +/-) Obviously, under this scenario the City picks-up a significant share of the financial liability in maintaining the property. Under this proposal the City would receive $30,000 per year less in rent than the franchisee proposal, and about $50,000 less than what we are currently receiving in rent. Plus we would be paying maintenance, utilities, and taxes. This type of arrangement may be more feasible if a non-profit owned and managed the property. Background: The Smith Douglas More property was purchased by the City in 1981 for the purpose of preserving it as a historical structure and life estate was granted to its sellers, Earl and Helen More. Helen died in 1993 and Earl in 1999, after which the City began planning for the reuse of the property. In 2000, the City Council directed staff to work with the Heritage Preservation and Parks, Recreation Commissions on developing recommendations for the reuse of City historic sites. In November of the same year the City Council accepted a petition from local citizens supporting continued City ownership of the Smith-Douglas-More House. After inspecting the house and property, Dunn Bros Coffee submitted a letter to the City in August 2001 expressing a desire to lease and renovate the property for a new coffee store. The Council soon directed staff to negotiate a lease with Dunn Bros for the reuse of the property and in December of 2001, the City retained the architectural services of MacDonald and Mack Architects, Ltd. to design and prepare construction documents for rehabilitation of the house. A lease between the City and Dunn Bros was approved by the City Council June 4, 2002. The general provision of the lease as follows: °Leasable area 3,207 Sqaure Feet °Commencement date:November 1, 2002 °Initial annual rent:$60,558 (about $18/sf) plus an annual escalator °Maintenance/Insurance Dunn Bros reponsibility Dunn Bros told staff in 2005 that sales were declining and believed it was due largely to inadequate parking and parking lot circulation. They indicated the business was losing money and asked if the City would consider expanding the parking lot and/or reducing rent. Several months later they approached the City with a franchisee and agreed to sublease the property and equipment for $1until the end of their lease (Dec 31, 2007) at which time the franchisee (Puregrace LLC) would need to renew with the City. Although the franchisee as owner and operators have been able to reduce expenses to some degree, their numbers show they are barely breaking even - and they are not yet paying rent, taxes,a manager,drawing salaries, or servicing debt for the eventual equipment purchase. Property Appraisal - Sale Considerations: Over the last couple months the idea of selling the property emerged and both Puregrace and Dunn Bros have indicated an interest in pursuing that option depending on the price. Obviously, their interest would be to continue to maintain the property as a coffee store. The City Council directed staff to have the property appraised to determine a sale price and the firm of Colliers, Turley, Martin, and Tucker was retained. They determined that the market value of the property as of August 23, 2007 is $565,000. Both parties have decided not to pursue a purchase of the property at $565,000. Enclosures: Letter from Dunn Bros Letter from Puregrace Letter from College Nannies & Tutors October 4, 2007 David Lindahl Economic Development City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-4485 Dear David, Attached is a proposal which outlines the terms and conditions that we have determined necessary to make it economically possible for Dunn Bros Coffee to, continue operating at the Smith Douglas More House. Given the uncertainty related to possible restriction of uses for this property, along with local public sentiment related to this property remaining a community gathering place, we have decided that purchasing this property is not a good option for Dunn Bros Coffee. We have also thoroughly analyzed the economic operating issue related to this opportunity and determined that a significantly different lease structure would need to be implemented for this location to have economic viability for a food service operation such as ours. This structure has been outlined in the proposal. In short, our recommendation would be for the City continue to own the property with a concessionaire or to sell the property to a not for profit entity that can continue to operate and maintain this historic property as the community gathering place it has become with the food concessionaire acting as the property host. If you have an interest in continuing our relationship under terms described in the attached proposal, we will need to discuss various logistical issues. I would appreciate your reviewing this proposal and presenting it to the necessary decision makers. Please don't hesitate to give myself (612-877-3611) or Kim Plahn (612-877-3610) a call with any questions or comments you may have. Chris Eilers President CEEFAY, Inc.: CEEFAY Leasing Dunn Bros Coffee Franchising Franchise Office 111 Third Ave S., Suite 220, Mpls., MN 55401 Y^t^l t Telephone 612-334-9746 • Fax 612-334-9749 • www.dunnbros.com Dunn Bros Coffee Smith Douglas More House Eden Prairie ,Minnesota Background: In 2000, representatives from the City of Eden Prairie approached Dunn Bros Coffee with the idea of opening a community based coffee house in the soon to be renovated historic Smith Douglas More House owned by the city. In December of 2002, Dunn Bros Coffee opened in the Smith Douglas More House in Eden Prairie. Dunn Bros Coffee has operated at a significant loss over the past five years. The losses associated with this operation are mainly due to high rent and real estate taxes along with the cost of maintaining such an extensive property. During these past five years, the Smith Douglas More House has served well in the capacity of a community gathering place for the residence of Eden Prairie. In addition to the house serving as the history museum for the city, it has also become an event and meeting center for both private and civic groups. Additionally, the house has become a meeting place for young people who may not have many other good choices to socialize in a safe environment. Although Dunn Bros Coffee has enjoyed acting as a host of sorts for this unique gathering place, we are unable to continue operating under the current lease and have given the city notice of our intent not to exercise our option to renew for a new five year term effective January 1, 2008. Accordingly, we are prepared to move forward under a significantly different structure that incorporates business economics that make the operation of a Dunn Bros Coffee viable in this venue. The purposed terms are as follows: Dunn Bros Coffee would execute a "Concessionaire Agreement" with a term of five years and an option to renew for an additional five years. Under the terms of the agreement, Dunn Bros Coffee will be responsible for the continuing operation of a specialty coffee concession that is consistent with the current operation. Dunn Bros Coffee would not be leasing the premises but only acting as the onsite food concessionaire. Dunn Bros Coffee responsibilities would include: > operation of the coffee concession during current hours of operation > general cleaning and upkeep of the premises > maintenance of the equipment used in the coffee operation > cost associated with telecommunications and trash removal "Owners" responsibility would include: â Repair and maintenance of the facility including parking lot and lawn care > electric and gas expense > real estate taxes > event management Concession Terms: 1.Dunn Bros Coffee would pay a flat concession fee of $1500 per month plus an amount equal to 5% of gross sales for any amount of gross sales over $35,000 per month. 2.Expansion of the parking lot to accommodate the current demand would also be necessary. 3.Continued use of small office on the second floor would be needed. MEMORANDUM TO:Mayor and City Council FROM:Ann Schuster DATE:October 11, 2007 RE:Lease Proposal for Smith Douglas More House Thank you for the opportunity to make a proposal by which I can continue to operate my Dunn Bros Coffee Shop in the Smith Douglas More House on a short-term basis while the City seeks a long-term solution in terms of the ownership, maintenance and operation of this beautiful historic property.My company, PureGrace, LLC, has operated the coffee shop at this location since October 1, 2006 under the terms of a written Sublease Agreement which expires, by its terms, on December 30, 2007. The current tenant has advised us and the City that it will not exercise its option to renew the existing lease for a new five-year term commencing January 1, 2008. It has explained that the significant financial losses it has experienced over the past five years simply cannot continue. It proposed that it enter into a "concessionaire agreement with the City under which the lease would be eliminated, the City would assume responsibility for the property and Dunn Bros Coffee would operate a coffee concession subject to payment of a flat concession fee and a share of gross sales above $35,000 per month. It is my understanding that the City prefers a lease to such a concession arrangement. My company is the Dunn Bros Coffee franchisee which has actually operated the coffee shop on the property since last October.Although I have put in an enormous amount of effort and a good deal of money into the operation of the business, it simply is not operating profitably. I have been very open about the financial performance of the business and have provided the City with whatever financial information it has sought. The House is an important part of the Eden Prairie Community, and the shop truly is a community gathering place. I have done my best to foster this identity for the property. Because it is an historic property, it has required an exceptional amount of maintenance and repair, much of which simply cannot be budgeted for. It has too few parking spaces to accommodate use during peak periods.Although I have attracted a subtenant to operate a tutoring business in some of the rooms of the second floor, I have been told by the City that a new fire escape will need to be constructed to permit such an operation. In the meantime, the clock continues to run on the existing lease. Taking all of these matters into consideration, including my sincere desire to continue to operate my business at this location, I propose the following terms for a short-term lease of the House by PureGrace, LLC, commencing January 1, 2008: 1.The term of the lease will be 12-18 months, depending on the term I can negotiate with the subtenant. MPLS-Word 178559.1 2.PureGrace will pay monthly base rent of $1,500, together with all rent received from any subtenant for the property. The subtenant now under consideration will likely pay gross rent of between $800 and $1,500 per month. 3.The City will improve the existing parking lot to permit better traffic flow. I believe that current plans would permit an additional eight parking spots to be added to the parking lot. 4.The City will finance construction of the fire escape to permit the subtenant to occupy the second floor of the property. 5.PureGrace will pay the basic operating costs for the property, including the utilities. It will maintain the interior of the premises and the equipment used in the coffee shop operation. The City will assume responsibility for exterior maintenance and repair and will maintain and repair the property's systems, including HVAC. It will also pay the real estate taxes. 6.In addition to the base rent that PureGrace will pay as specified in paragraph 2 above, PureGrace will also pay the City percentage rent amounting to 5% of the shop's gross sales in excess of $35,000 per month. 7.PureGrace will continue to operate the coffee shop during its current hours, and will continue to make the conference room available to the community for use without charge in two- hour increments. If the City is inclined to accept these terms, I will approach Dunn Bros Coffee about making a similar extension agreement for continued operation of the shop at this location. Thank you for your consideration of this proposal. I will be pleased to answer any questions that any of you may have about it. Respectfully, Ann Schuster cc:David Lindahl Chris Eilers MPLS -Word 178559.1 College Nannies 4- TUtors" October 11, 2007 Ms. Ann Schuster Dunn Bros 8107 Eden Prairie Rd Eden Prairie ,MN 55347 Dear Ann: Via Email I am eager to move forward and begin offering our tutoring services to Eden Prairie. The response to the Free ACT/SAT Tests we held at The Smith Douglas More House in September was very positive and parents we have talked with are hoping our services will be available soon in their community. Presently, we have some Eden Prairie residents driving to Edina, but they would prefer to stay in Eden Prairie. To that extent,we propose the following rent structure to begin as soon as possible, through the end of June 2009. Inception - 3 months $1,000 per month Subsequent months - August 31st $1,250 per month September 1 - end of lease - $1,500 per month These proposed rents would allow us to service the Eden Prairie community with tutoring services in the allowed spaces on the second floor of the location. Because of the space limitations, there is a maximum number of students we can serve during after school hours. The calculations above are based on more than three years of experience in starting up my location in Edina, as well as knowledge of results from College Nannies & Tutors locations throughout the country. I truly hope we can reach an agreement in the next 30 days. I look forward to hearing from you or the City of Eden Prairie for next steps. Sincerely, Laura Davis ,Managing Owner ,College Nannies &Tutor, LLC #1 From: Diane Sands Sent :Thursday, September 06, 2007 5:43 PM To: Jay Lotthammer Subject :SMITH DOUGLAS MORE HOUSE/DUNN BROS. After having read of the possible sale of this property, we wanted to email you to let you know our feelings on this. We feel strongly that this property should NOT BE SOLD. We have very little of the 'original Eden Prairie heritage' left.....and this is one place that the city could take the "high road" and do something simply because it is "the right thing to do".....not because there are $$$ always lurking in the city's mind! It speaks well of Eden Prairie that the city has realized the value of this historic site (as well as the Cummins-Grill House) and did fund the renovations. The city has earned more than $322,000 in rent from this property .... well on its way to recovering the initial investment on renovations. This is a beautiful and nostalgic spot..... please allow it to remain as is. We would like this email to be read at the decision-making meeting and any prior meetings that will take place. You may contact us (Stephen Fraser and/or Diane Sands) at 612.710.0333. Thank you. Diane Sands