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HomeMy WebLinkAboutCity Council - 11/13/2007 AGENDA CITY COUNCIL WORKSHOP & OPEN FORUM/OPEN PODIUM TUESDAY, NOVEMBER 13, 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, Economic Development Manager David Lindahl, Communications Manager Joyce Lorenz, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters TECHNOLOGY TASK FORCE: Bill Coleman, Jim Dake, John Eversman, Chris Goggin, Gary Hansen, Lisa Hodne, Matthew Lokay, Rich Muller, Kiran Mysore, Mike O'Connor, Scott Otis, Heather Peterson, Jody Russell, Steve Sandness, Dave Sandum, Mike Schnapf, Marc Soldner, Cheri White, Ron Woods Heritage Room II I. COMMUNITY TECHNOLOGY TASK FORCE REPORT Council Chamber II. OPEN FORUM A. KASEY KLUGE - BUDGET B. FRED OLSON – PERSPECTIVES IN AGING C. MICHAEL BOLAND – COMMUNITY CENTER FEES III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, NOVEMBER 13, 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 I. ROLL CALL / CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT PRESENTATION B. RECOGNITION OF NEW CERT VOLUNTEERS C. PRESENTATION OF FIREMARK AWARD IN HONOR OF FORMER FIRE CHIEF RAY MITCHELL D. MRS. MINNESOTA BANNER PRESENTATION E. PROCLAMATION RECOGNIZING EDEN PRAIRIE RESIDENT ADRIAN PETERSON FOR ESTABLISHING A NEW NFL SINGLE GAME RUSHING RECORD V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 16, 2007 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 16, 2007 C. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 30, 2007 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. PLANNING COMMISSION VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST CITY COUNCIL AGENDA November 13, 2007 Page 2 B. ADOPT RESOLUTION APPROVING FINAL PLAT OF LIBERTY PLAZA C. PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT ENVIRONMENTAL WORKSHEET REVIEW (EAW) (Resolution) D. APPROVE CHANGE ORDER NO. 1 FOR RECONSTRUCTION OF VALLEY VIEW ROAD, I.C. 02-5586 E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH FOR DESIGN OF FLYING CLOUD DRIVE IMPROVEMENTS, I.C. 07-5708 F. ADOPT RESOLUTION APPROVING PARTICIPATION OF THE HENNEPIN COUNTY HOUSING AUTHORITY IN AFFORDABLE HOUSING PROJECT G. APPROVE PURCHASE OF NETAPP SAN AND VMWARE HARDWARE, SOFTWARE, AND SERVICES FROM MOCHADATA H. ACCEPT TERMS OF SERVICE WITH US BANK NATIONAL ASSOCIATION FOR CREDIT CARD PROCESSING SERVICES IX. PUBLIC HEARINGS / MEETINGS A. HEARING FOR 2007 SPECIAL ASSESSMENTS (Resolution) B. VACATION OF DRAINAGE AND UTILITY EASEMENT OVER LOTS 1 THROUGH 3, BLOCK 1, THE POINT ON LAKE RILEY, VACATION 07-09 C. VACATION OF DRAINAGE AND UTILITY EASEMENT OVER LOTS 8 THROUGH 11, BLOCK 4, TIMBER LAKES, VACATION 07-10 (Resolution) D. RESOLUTION REGULATING FEES AND CHARGES FOR BUSINESS LICENSES, PERMITS AND MUNICIPAL SERVICES (LIQUOR LICENSE FEES) (Resolution) E. PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT Request for: Guide Plan Change from High Density Residential and Regional Commercial to High Density Residential and Community Commercial on 21.3 acres, Planned Unit Development Concept Review on 21.3 acres, Planned Unit Development District Review with waivers on 21.3 acres, Zoning District Change from RM-2.5, RM-6.5 and Commercial Regional Service to RM-2.5 and Community Commercial on 21.3 acres, Site Plan Review on 21.3 acres, Preliminary Plat of 21.3 acres into five lots and road right-of-way. Location: Southwest of Prairie Center Drive, east of Columbine Road & west of Highway 212. (Resolution for Guide Plan Change; Resolution for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Preliminary Plat) X. PAYMENT OF CLAIMS CITY COUNCIL AGENDA November 13, 2007 Page 3 XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS A. REQUEST TO LOCATE EDEN PRAIRIE LIONS CLUB MEMORIAL IN ROUND LAKE PARK XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Resolution in Support of Funding for Highway 212 B. REPORT OF CITY MANAGER 1. Consulting Firm for the City’s 20-40-15 Energy Initiative 2. Town Hall Meeting on November 27 3. Upcoming 2007 Workshops 4. MLC Legislative Agenda 5. Planning for 2008 Council Planning Retreat C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR 1. Windsor Plaza Update 2. 2008 and 2009 Appropriations for Outsourced Human Services Contracts D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT UNAPPROVED MINUTES 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 I. BUDGET Mayor Young called the workshop to order and asked City Manager Neal to begin his presentation on the budget. City Manager Neal said he will present a broad outline of several different versions of the budget and then will review the new operating costs at the Community Center because those costs are one of the key drivers for the budget this year. Following Council discussion about the various budget options, Ms Kotchevar will lead a discussion about the Capital Improvement Plan (CIP) and our process for the Council’s review of that. Neal reviewed the 2008-2009 budget calendar, noting the special Council workshop to discuss the budget on Tuesday, October 30, at 6:00 PM in the Council Chamber. He said the regular City Council meetings for November have been shifted to the second and fourth Tuesdays of the month. The first meeting in November will be held Tuesday, November 13 with a workshop prior to the meeting, and the second meeting will be the November 27 Town Hall meeting at 7:00 PM at Fire Station 4. The Truth-In-Taxation Public Hearing and CIP Public Hearing will be held December 3. On December 18 the Council will meet to certify the Final Levy and adopt the budget and the CIP. Neal said Version 1.0 was the version of the budget we started with and was based on the Directors and Division Managers input regarding the costs to move their operations from the current year into 2008 and 2009, including expansions and enhancements as well as staffing changes. Version 2.0 was the recommendation that the City Manager developed after the Budget Advisory Commission (BAC) made their recommendations and included some reductions in operations and some staffing changes from Version 1.0. Version 2.5 is Version 2.0 plus the use of positive operating results of $250,000 per year from the 2006 General Fund. He said this has usually been plugged into the CIP, but the Mayor suggested earlier this year to use that money to supplement the 2008-2009 budget. Version 3.0 is the version the City Council requested in September and increases spending by $1,000,000 in 2008 and also in 2009. There are also a couple of variations in Version 3.0. Version 4.0 is a zero increase in spending from 2007 levels. Version 1.5 is where we start to come to a ITEM NO.: VI.A. CITY COUNCIL WORKSHOP MINUTES October 16, 2007 Page 2 possible compromise between the various versions. It is essentially Version 2.0 without the reduction of two full time employees in Housing and Community Services and with the addition of the 2006 General Fund balance. Neal then explained that Version 1.0 was based on staff requests with the goal to advance all operations and services from 2007 into 2008 and 2009. It included new services recommended by staff and by the Council, a market wage increase for staff and the new operating costs at the Community Center. He said the market wage increase is about 3% and is based on research in our peer cities. Young asked if Version 2.0 was the City Manager’s original recommendation to the BAC or the result of changes recommended by the BAC. Neal said it was his original recommendation. He said the BAC offered comments on Version 2.0, but we have not gone through the process of incorporating their comments into another version. Neal said the bottom line of Version 1.0 is about a $2.9 million increase, with a 7.6% increase in 2008 and a 2.7% increase in 2009. He said the debt levy is going down by $170,000 in 2008 and $75,000 in 2009 and is a reflection of our scheduled debt service. The equipment levy is consistent from version to version and represents the amount needed to fund the existing equipment replacement plan. The CIP levy is the levy across the tax base to put into the CIP. He said the HRA levy has occurred the last two years and is blended back into the budget as operating revenue. He noted Version 1.0 includes all new full time employee (FTE) requests, with 3.0 new FTE’s in 2008 and 2.5 new FTE’s in 2009. It includes service level expansions in Communications, the Community Center, Police and Fire and a market employee wage increase of 3.5% in 2008 and 3.5% in 2009. Neal said the 7.6% increase in spending translates to a 5.4% increase in the tax impact for a Median Single Family Home (MSFH), a 7.8% increase for a $5,000,000 apartment, and a 11.9% increase for a $2,000,000 Commercial/Industrial building. He noted there is no way for the City to change the tax impact on the different types of property because that is an element of the state’s local property tax system that we have no control over. Neal said Version 2.0 was an attempt to take a look at what we are doing and make some strategic decisions about what we should be doing as a City government. It used a model that defined our services as core, supplemental and mission support and increased some areas and decreased others. He said this is a 5.1% increase in spending for 2008 and 2.7% for 2009. It includes FTE additions to IT, Facilities and Police and staff reductions in Finance, Housing & Community Services, Building Inspections, Fleet Services and Recreation for a net decrease in FTE headcount. It does not include staffing increases requested by Police, Fire and Communications. It includes reductions in operating budgets of approximately $700,000, an employee market wage increase of 3.0% in 2008 and 3.25% in 2009, and reductions in outsourced human service grants. He noted the tax impact of Version 2.0 on a MSFH is a 2.1% increase. Neal explained Version 2.5 as Version 2.0 plus the use of the 2006 General Fund operating results. It has the same increases in spending as Version 2.0 but adds the positive operating results from the General Fund so that the tax impact on a MSFH is only a 1.3% increase. CITY COUNCIL WORKSHOP MINUTES October 16, 2007 Page 3 Neal said Version 3.0 is the City Council request and it has several different ways to get at our budget and operations as we limit spending growth to $1,000,000 each year, or about 2.5%. This version applies the growth limitation across the board to all General Fund operating budget and divisions. He noted in this scenario we begin to see actual decreases in service levels. He reviewed the reductions proposed in this version, noting the reductions in police officer staffing levels by 3.0 FTE in 2008 and by 2.0 FTE. He said it has a disparate impact on the Police Department because that department is the most personnel cost sensitive. That department has the biggest individual department budget and the highest percentage allocated to its human resource costs. This version also includes suspending the opening of some of the amenities at the Community Center. The tax impact on a MSFH is a $14 decrease or a 1.3% decrease. Neal noted Version 3.1 limits spending growth to $1,000,000 per year and reduces general employee wage increases to 2%, which is below market level, in order to create funds to open the new Community Center amenities. It also has a negative impact on the Police Department operations. Neal said Version 3.2 applies the Version 2.0 strategic model to the Version 3.0 budget by making strategic reductions and expansions. It freezes all operations at the 2007 budgeted levels, includes no increases in staff, and holds the general employee wage increase to 1%. It does not reduce the number of Police Department employees, and it does open the Community Center in 2008 as planned. Neal said Version 4.0 has a zero increase in overall spending for 2008 and 2009 with a combination of strategic and across-the-board decreases in operation. The debt levy spending of $170,000 is added to General Fund spending. There is a significant change in operations and there is no increase in employee wages. Neal said Version 4.1 has a zero increase in overall spending but includes a market wage increase to employees by eliminating the CIP levy. Both Version 4.0 and 4.1 have a 4.6% decrease on MSFH taxes and a 1.2% increase for Commercial/Industrial. Neal then reviewed Version 1.5, noting this version gets at some of the discussion the Council had at the last budget discussion in September. It uses Version 2.0 as a base, adds back the two FTE’s in Housing and Community Services and adds the 2006 General Fund operating balance. There would be a 5.5% increase in spending for 2008, and a 2.8% increase for 2009. There are some reductions in some of the operating budgets and some reductions in outsourced human services grants. It does include a market wage increase of 3.0% in 2008 and 3.25% in 2009. The tax impact of Version 1.5 is a 1.7% increase for a MSFH, a 4.1% increase for Apartments, and a 7.9% increase for Commercial/Industrial. He noted the 1.7% increase for a MSFH is the lowest increase in the past five to ten years. Aho said we talk a lot about the employee wage increases being at market level or below. He asked what the current wage is relative to the market. Neal said we compare ourselves to a group of peer cities, the MLC cities. We participate regularly in salary surveys with that group, and we want to be at or near the median salaries for those cities. We are in a variety of positions with that peer group, but on the average we are at the median or slightly above. Neal said he and Director of Human Resources Kurt had a chance to visit with CITY COUNCIL WORKSHOP MINUTES October 16, 2007 Page 4 Councilmember Duckstad earlier this year and laid out a comparison of common positions. He noted that presentation is available and could be provided to other Councilmembers. Many of the peer cities are involved in labor contracts and most of them are looking at a 3.0% increase for this period. Regarding the wage increase, Duckstad asked if he was referring to the 3.0% figure or 3.5% for each year. Neal said this was part of the discussion at the BAC meetings about what number do we use. Some of the information shows the increase at 4.6%, which includes a baseline of 3% and funding for step increases of 1.6% He said about one-third of the work force is involved in a pay plan where they begin employment at below market wages, and those employees would receive both the baseline increase and the step increase. Duckstad said he wasn’t entirely clear about that because it was presented to the BAC as a wage increase, and in addition there was another factor presented as a step increase or a performance increase. He had the impression the employees got the wage increase and the step or performance increase. Neal said that is not usually the case because most employees qualify only for the baseline wage increase. He said there was a discussion at the BAC meetings about having an “all-in” salary number, and we can discuss it like that; however, that is not how any of the peer cities talk about the number, so we use the baseline in order to compare what we are doing to those cities. Duckstad said in Version 1.0 Mr. Neal talked about a base increase each year of 3.5% and he asked if 3.5% meant that their wages would increase 3.5%, and in addition there would be a step increase or performance increase that was a percentage add-on. Neal said that was true for only about one-third of our employees. Duckstad said so that means at least one- third of the employees will have an increase of 4.1%. Neal said that is possible. Young asked what the recommendation of the BAC was. Neal said it was to describe it as an “all-in” basis. Young asked if that is a 4.6% increase on the entire employee compensation pool, net of census. Kotchevar said that figure is 4.1% for Version 2.0 and 4.8% for Version 1.0. Young asked if the people who began on the step program began under market for their job. Neal said that was correct, noting they are worked up in progression with increases based on performance. He noted the BAC recommendation was that “all-in” wages be increased 4.1% in 2008 and 3.4% in 2009. Duckstad asked if granting a wage increase in that manner means that wage increase is equal to or greater than the cost-of-living index. Neal said we do look at the cost of living, but we look more at what market wages are doing for our peer cities. We are cognizant of the cost- of-living index for urban consumers in the Twin Cities area. A couple of years ago our wage increases were below the CPI, and last year the wage increases were slightly above the CPI. Duckstad asked if there was a reason why fringe benefits were not added to the wage increases when they were presented to the BAC. Neal said we tried to provide as much line- item detail as possible to the BAC. We broke out wages and fringe benefits and detailed our wage structure, how we compare to other cities, our step plan, health insurance, pension programs and workers’ compensation. Duckstad said one of the papers generated by the BAC indicated that if you include the wages and fringe benefits for 2008 and 2009 the total increase would be 12.26%. Young said he did not think that takes into account changes in CITY COUNCIL WORKSHOP MINUTES October 16, 2007 Page 5 census. Neal said if you take the entire cost of employing people who work here in 2008 with the projections we are talking about, it is an increase of 7.0% and that includes increases in health insurance costs, pension costs, disability and life insurance. Aho asked how many new employees are in that figure. Neal said it is the basic wage bill regardless of census. Nelson asked if employees pay part of the costs of the fringe benefits. Neal said there are multiple plans and we gave that information to the BAC so the information is available, but he did not have it with him. There are four different levels of plans, and there is a cost share in place for each level. He said we can provide that information to the Council. Nelson noted that piece is going up quite a bit. Neal said it was projected to go up more than 30% in the coming year, but we took some corrective action earlier this year to realign the plan and to shift some of the risk back to the employees. That brought it down from 30% to 17%. Butcher asked what was meant by using the fund balance in Version 1.5. Kotchevar said in 2006 there were positive operating results of approximately $500,000 in excess of designated reserves. Our typical practice was to transfer it to the CIP, but at a December meeting Mayor Young indicated he wanted to earmark that and not necessarily dedicate that to the CIP so that amount has not been included in the projections going out. Neal said that provides the Council the opportunity to use those funds without having to make a change in the CIP document. Young asked if the $500,000 was from the budget stabilization fund. Kotchevar said it was not, it was excess operating funds after we reserved for the stabilization fund. Neal said in the past if we had a windfall we used it for the CIP. He noted that when we were talking about our budget process in 2005 we made a decision to transfer like amounts into the revenue streams of 2006 and 2007, so what we are proposing here is essentially the same thing as we did for the last two years. Duckstad asked if currently the percentage of the budget that makes up wages is about 63%. Kotchevar said it is about 63-64%. Butcher said it seemed to her that we are talking a lot about basic philosophy and where we are at on that. Young said staff gave a presentation on the budget scenarios and we should ask questions about that presentation now. He was particularly interested in hearing about the impact on the Community Center and has questions about the CIP. He thought we can thereafter continue the more global discussion about the budget. Neal said this year the Community Center is a big extra bite in the budget in terms of adding something new to our operations. It is similar to last year when we added Fire Station 4 with new staff and equipment that was over and above the general increase. The total extra costs for the Community Center is about $900,000 and is broken down into $235,000 for utilities, $315,000 for new operations and maintenance costs, $270,000 for new programming, and $130,000 for the debt on the third sheet of ice. He said as part of the decision making process for the Community Center project we decided we would monetize the ice rental revenue stream to pay back the debt for the facility rather than using it to defray general operating costs in the General Fund as we have in the past. Nelson asked if this is new operating costs or total operating costs. Neal said the new operating costs are about $900,000, of which $230,000 is attributable to operating the new CITY COUNCIL WORKSHOP MINUTES October 16, 2007 Page 6 sheet of ice. He said at the request of Councilmember Nelson earlier in the budget process, the $230,000 attributable to the new sheet of ice is further broken into categories for debt, utilities, cleaning, wages, and facility and equipment maintenance. Duckstad said he assumed these are the best estimates because the original estimate was $1.2 million. He asked what caused it to be cut back. Neal replied we are continuing to hone in and be more precise on our operating costs. We are doubling the size of our Community Center, but we have operated all the programs before so we have experience with what the costs are to operate space like this. He thought it was important to remind ourselves that the frame of reference for this is different from what it takes to run a home because this is a lot more than that and we need a continual application of utilities to keep the block of ice frozen. Aho asked if this is only operating costs and does not include any new equipment and if it will be pretty consistent going forward. Kotchevar said that is correct. Young asked if the operating costs of $900,000 associated with the Community Center are about one-half of the total increase in the Version 2.0 budget. Neal said that is correct. If we did not have that addition to our budget this year, our budget increase would be about 3%. Young asked what figures we had about the operation of the Community Center at the time we went to referendum. Neal said we can pull that together because we kept the material that we put together for the referendum, but he could not recall what those figures were. Kotchevar said she sent the document on the CIP to the Council last Friday and she does not have a planned presentation for tonight but will answer questions. She said the CIP document includes all capital items scheduled for the next five years. She said the BAC recommended that we take a better look at what actual City funds are spent on capital improvements because the total for all items is such a big number. Of the total of about $227,000,000 for all CIP projects, a total of about $35,000,000 will be taken out of City funds. She said the Council will be approving the amount for CIP spending for 2008 and 2009 at the December meeting. She said she has detail on each of the budgets if there are questions. Mayor Young recessed the meeting at 5:15 PM and reconvened at 5:30 PM. Young said it was difficult for him to remember what parts of the CIP have already been approved and what parts are new. He noted on Page 9 of the CIP document there are a number of projects that are paid for from the Capital Improvement Fund (CIF). He asked why some of the parks improvement projects on the list are taken from the CIF and not from the Parks fund. Kotchevar said there is not 100% discretion on how parks improvement funds are spent. Lotthammer said, historically, if it is more of a maintenance situation it comes out of the CIP, and it comes out of the Parks Fund if it is more of a full project. Young thought a piece of the park referendum accelerated all the playground upgrades. Lotthammer said it may have been for some of the playground upgrades, but going forward the CIP would have been the funding source for some of the future upgrades. Young thought the same thing was true for trails, because he knew there were referendum dollars for trails. CITY COUNCIL WORKSHOP MINUTES October 16, 2007 Page 7 Lotthammer said the CIP projects would be to do overlays and maintenance of the trails. Dietz said there is $180,000 per year for trail maintenance. Lotthammer noted we have over 100 miles of asphalt trails and 80 miles of concrete sidewalks in the City. Dietz noted when we began to do pavement maintenance on roads we started to include dollars for annual maintenance on our trails. Young asked Ms Jeremiah how far along we are in the streetscape and wayfinding allocations from the Economic Development Fund. Jeremiah said the design and detailed cost estimates are expected to be discussed at a Council workshop in December. Neal noted it is scheduled for the December 18 workshop. Neal asked Mr. Lotthammer to clarify if there are some statutory issues on how you spend park improvement dollars. Lotthammer it is not always as clear as we would like, but generally we cannot spend it if it is an on-going operating and maintenance issue. Those dollars have to go to more of a capital project, although there are some gray areas. Nelson said so you could use park fees for a brand new trail, but you could not use park fees if you were doing crack filling on that trail. Lotthammer said that was correct. Young then opened general discussion about the budget. He said there are a variety of issues. One issue is the various budget versions, and there are other issues such as changes in service levels and uses of the budget stabilization funds to buy down taxation. We also have the BAC recommendations and what to do with those for such items as the elimination of the CIP levy and changes in wages. Nelson asked about the difference between what the BAC recommended on wages and the Version 3.0 recommendation. Kotchevar said for 2008 the BAC concurred with Version 2.0, and recommended a slight decrease for 2009. She said for every 0.5% decrease, there is an approximate $70,000 savings. Nelson said so their recommendation for 2008 does not really affect the total, nor are we talking about a large amount of money for the recommended decrease for 2009. Butcher said overall when you compare the highest budget version, Version 1.0, with a tax increase of $58 per year on a MSFH to the most austere version, Version 4.0, with a $49 tax decrease, there is not a great deal of discrepancy between the two figures. She would like to look at this a little more moderately and she thought Version 1.5 brings in a lot of the perspectives we have heard from residents. She suggested we start with discussing one of the versions, such as Version 1.5. She thought it was hard to focus in on all the discrete areas and it might be easier to start at the larger level and drill down. Duckstad said he wants to consider all the versions, but he is more interested in Version 3.0 to the extent it is a reachable possibility. He said Version 3.0 calls for increased spending of $1,000,000, and it raises the possibility of one of the recommendations of the BAC, to consider a temporary suspension of the CIP levy. According to the information he read, the CIP levy has been in existence since about 1999 and currently has a total fund balance of $9,200,000. The CIP levy is paid into this along with the liquor store revenues. He thought consideration ought to be given to suspending the CIP levy for at least the 2008 cycle and possibly for the 2009 cycle. He thought there were sufficient funds in the CIF to sustain that CITY COUNCIL WORKSHOP MINUTES October 16, 2007 Page 8 kind of a cut. He also thought there is no reason why some of the projects that are under consideration couldn’t at least be held up temporarily in 2008 and 2009. Last year we had a $15,500,000 Community Center project, and he thought we should realistically look at how much we should do at one time. Now we are considering the considerable start-up costs of almost $1,000,000, and he thought there are grounds for the Council to consider slowing up some of the other projects, much in the nature of Bob Lambert’s suggestion to suspend some of the parks projects and programs for a while. He said the BAC talked about combining the Economic Development fund and the CIP fund which would give a total of $10,200,000. Young asked if Council Member Duckstad was suggesting reducing the levy or suspending it. Duckstad said he thought we should suspend it temporarily because we have adequate funds in the CIP and Economic Development funds to progress with City needs. Nelson said if you take the $1,000,000 out, that would offset the Community Center. She cautioned it will be easy to take it off but hard to put it back on, and we then have the issue of when do we put the whole thing back and take the increase in taxes. If you assume we never put it back, then at some time you have to go up to a $1,600,000 levy per year to keep capital improvements. She thought it just depends on how we want to run the CIF. She could see if you wanted to offset the $900,000 we could bring the CIP back to $600,000 and next year it would be easier to put some of the money back. She could see taking it down for a year or two with the assumption of bringing it back. Young asked Kotchevar for background on the CIP and how we got to where we are today. Kotchevar clarified that the $9,200,000 was the balance at the time she presented it, and the $8,000,000 is the actual projection for the end of the year. The CIP fund was originally started when the City was rapidly growing and we were collecting a lot of interest from special assessment projects. Because of a low percentage of delinquent taxes and good General Fund operating results, we could transfer $500,000 to $2,000,000 in excess funds into the CIP. A couple of years ago we converted the amount for the CIP levy to $1,000,000. Young asked if there is any type of accounting or budgeting logic behind the $1,000,000 figure. Kotchevar said that is what we are projecting out, and we thought it was prudent to levy something every year so we could stretch the fund out longer. Young asked if the levy is tied to any particular project or group of projects. Kotchevar replied it is not tied directly to any project. Dietz noted the biggest bite is pavement management, and our street system is getting older. Butcher said she was part of the original group that thought it was a good idea to have a Capital Improvement Plan and set some money aside every year. She asked how we can responsibly look at all the projects and not think that we have to put money away every year. She said her worry is that we are not putting enough away because we are spending down every year. When you look at what you need compared to what you have, she could not disagree more with a discussion that we should put in less money. She thought it would definitely hurt not to continue to put money away for these essential projects. She also thought it was important to understand we had a referendum and our residents spoke and gave their approval, knowing that this year might be a year when there would be a budget increase. She said she wanted to be honest and to have the budget to appear as it is. CITY COUNCIL WORKSHOP MINUTES October 16, 2007 Page 9 Young said he wanted more feedback from staff about the Economic Development fund. He understood it was originally created to help grow jobs. He also understood that since it was created we approved the Major Center Area (MCA) and gave some consideration of using the fund for the MCA. It is appearing to him more like a CIF rather than an Economic Development fund, and he wanted to know how it would be used in the future. Jeremiah thought there has been a shift based on the MCA study in regard to the allocation of those funds; however, she thought the streetscape and wayfinding will benefit the businesses in that area in the long run. She thought the key is that it is to directly aid businesses and the MCA study just evolved how we would be using that fund. If there is a preference to go back to the original primary use of that fund as gap financing, that could be done. Duckstad said he didn’t make the suggestion of eliminating the CIP fund levy himself, but it came up as a result of a very pensive study by the BAC. As he understood it, the need for the levy each year is cloudy. He has not been apprised of what specific projects will be initiated and paid for in 2008 and 2009, but he was not under the impression it would use the entire $9,000,000, so it seemed reasonable to suspend it if it would not interfere with projects. Young asked if we have closed on the sale of land to Presbyterian Homes. Neal said we gave them an extension at the last council meeting. Jeremiah said it is now scheduled for the middle of January. Young asked where that money as well as the proceeds from the sale of the remnant from Fire Station 4 would go. Jeremiah said the current policy is to put it in the Economic Development fund, but that is at the Council’s discretion. Butcher said it is important to know where the CIP money goes. She did read the BAC report and noted it represented a lot of hard work, but she wholeheartedly disagreed with their recommendation about the CIP funds. She said the City Manager also disagreed with the BAC. She noted they are an advisory board, but more importantly we have to get the question answered of where the money goes. Kotchevar said there is a detailed listing of all projects on pages 9 and 10 of the draft CIP Detail. She said there is $4,300,000 planned to be spent in 2008 and $2,850,000 in 2009. Dietz noted the total for the five-year CIP projects is almost $15,000,000 and the fund balance is $8,000,000 now. Adding $1,000,000 per year for the five years will bring the total fund balance to $13,000,000, or a shortfall of $2,000,000. Aho asked what other funding sources we have for the CIP and if the information shown on Page 7 of the draft CIP Detail listed those funding sources. Kotchevar replied the information on Page 7 is a summary of the expenditures that will be paid from the funding sources. The Liquor Store profits go into the CIP, so in the summary those profits are listed as expenditures from the Liquor Fund. Aho asked what the funding sources are. Neal said there are four components: the liquor store; the levy; and the market value homestead credit, which is a state property tax relief program where we grant tax relief and the state backfills that number. He noted the property tax relief program has had some history of unreliability, so we have decided to include that as a CIP funding source rather than including it in operating revenue. He said it is not indexed to inflation and the number will continue to be less. Young asked if we have received that check. Kotchevar said it is scheduled for December. Neal said the fourth revenue component is the General Fund balance. CITY COUNCIL WORKSHOP MINUTES October 16, 2007 Page 10 Aho thought we had another source from the budget stabilization fund if we have an excess over the 15% in that fund. Young noted this year the proposal was to buy down the operating budget with that fund. Nelson asked if there is interest earned on the fund balances. Kotchevar said interest is calculated into the projection. Nelson asked how much that is per year. Kotchevar said it is about $200,000 per year. Dietz noted that the category, GTA Funding Under Review, is actually a category set up for revenue from unknown sources. He said we will get a good share of revenue in that category from Municipal State Aid (MSA) funds. No transportation projects are funded out of the General Fund because the usual funding source for those is the MSA account and special assessments. He noted the BAC said there should be a higher proportion of cost for the Major Center Area (MCA) paid by businesses. He said the amount of transportation improvements in this budget is nil, and there is a huge amount of pent-up demand for projects. Because our system is relatively new, we spend about $2,000,000 per year to maintain it, but that cost will increase. We hope someday to offset the maintenance costs with a street utility, but we don’t have that right now. He said our City road system is worth $225,000,000 and as the system ages we will soon run short of funds to maintain it if we keep the spending level at $2,000,000 unless there are other sources of revenue. Duckstad noted the CIP levy has gone on since 1999 and has not always been at the $1,000,000 level. He noted the fund has grown to $9,000,000 and we apparently have not had huge demands on the fund such that the present issue of temporarily suspending the levy makes sense. Neal gave an analogy with the Social Security trust fund where we are now paying more into that fund than we are taking out, but every demographic study shows that at some point that will reverse and there will be more taken out of the fund than is put into it. He said we look at the capital improvements in Eden Prairie as a similar situation. We know the CIP fund balance will be zero in a very predictable time if we don’t change the way we spend it or increase the input to the fund. In terms of anticipating how much spending we will do on different things that could come out of the CIP such as building maintenance, Aho asked if the numbers being presented today are based on accurate looks at analytical data about infrastructure costs and anticipated maintenance or are they just guesses. Neal replied we feel the numbers are accurate. The facilities numbers are based on a detailed report put together a couple of years ago by Facilities Manager Paul Sticha that listed the details of every physical facility we own with the anticipated replacement and maintenance for each component of the facility. He said we blend that information into the larger CIP fund. He noted Mr. Dietz and his staff have a pretty good understanding of the utility and transportation side, as does Mr. Lotthammer on the Parks side. Aho thought the roadways are a larger component of the costs and asked how confident we are in the estimates to maintain and replace those. Young interjected that he struggles with something of a disconnect when we say we need funding to maintain the road system, but there is no part of the CIP that includes that. Dietz said there is $2,000,000 for overlays. Young said, beyond that, if it is a real concern for the City, we should be putting money away for that and not use it as a justification to keep the levy. Dietz said some of the costs of CITY COUNCIL WORKSHOP MINUTES October 16, 2007 Page 11 the overlays are in the operating budget and always have been. He thought we are looking at three choices within ten years: a permanent funding source for pavement maintenance; increased taxes; or a massive special assessment. We have been consistent in putting as much as we can towards maintenance, but right now this amount just barely gets us there. He said his point is that we are woefully under funded in the long term, and to reduce the levy flies in the face of what we are seeing. Neal suggested that we should consider the risk of what happens to that CIP levy in the future if we are under levy limits. He thought we need to remember that, if the Council should decide to suspend the levy and there is a change in the legislature and they decide that we need to have levy limits, under most circumstances the Council would not have the discretion to add that back. He thought if the idea is to temporarily suspend the levy and re- impose it at some time in the future, there is a risk that we could not do that. Duckstad noted as recently as 2004 the levy was only at $500,000. He said we have had the levy for nine years and accumulated a total of $9,000,000. In the past there has not been a need for the full amount of money levied. His concern is that we take money every year from the citizens in the community and put it in a fund that grows and grows, yet many of the residents need that money. He thought if there is an issue of the fund balance being too low, then you have to raise the levy, but he is suggesting at this time it is too high so there is not a need for the levy. Butcher asked what the $1,000,000 levy translates to for each homeowner. Nelson said it is about $33 for a MSFH per year. Young said he did not like an argument for the levy that is based on the yearly tax impact. Butcher thought it was important because it helps homeowners to understand the concept. Young said he agreed with Council Member Duckstad’s sentiment that, all things being equal, he would rather have dollars in the taxpayers’ pockets. He said a pet issue of his is how much money in actuality is going into the CIP. In our budget we assumed a 5% delinquency in taxes, knowing full well that over 99% of taxes come in, and so the 4% was dumped into the CIP. He thought this is not clear when you look at the balance sheet, and he thought we should abandon that practice. Duckstad said the temporary suspension would not put the City in jeopardy of not having a realistic capital improvement budget. Young thought there is not a comfort level in eliminating the levy and it would be a hard sell. Aho said right now it is set at an arbitrary level, and he thought we could look at making an adjustment to the levy. We could look at temporarily lowering it to offset the increase we are seeing because of the Community Center. We did have a referendum to approve the Community Center, but the non-recurring costs came in much higher than the referendum amount. He wasn’t sure people generally understood that additional on-going maintenance costs would be close to $1,000,000 per year. He thought when we are getting hit with a step function in one year it would be good to offset that increase by lowering the CIP to some degree for one year, and that would be his recommendation. CITY COUNCIL WORKSHOP MINUTES October 16, 2007 Page 12 Neal thought the Council can be prudent for the future with the CIP and Equipment levy, maintain our general service levels and also address the impact on the taxpayers by addressing the budget through Version 1.5. The increase in general spending will be very close to that of our peer cities around here because they had to certify their preliminary levies just as we did. He thought this enables us to provide a low impact for taxpayers in terms of that they are going to pay, and our colleagues in the peer cities are going to be very hard pressed to match this tax impact. Regarding the percentage increases, Aho said in Version 1.5 for 2008 there is a 5.5% increase and a 2.8% increase for 2009. The increase over the two years is actually the change from 2007 to 2009 and that is a higher percentage than the sum of the increases in the two years. He thought that is a significant amount of increase and that concerned him. Nelson suggested looking at Version 1.5 as having a 2.5% increase in spending for 2008 plus the amount per year for the Community Center which is about 3%. There is a 2.8% increase in spending for 2009 plus the 3% additional for the Community Center. She noted the new Community Center costs will be consistent but people passed a referendum saying they wanted it. She thought this is a relatively lean budget that still provides for the operating needs of the City. Aho was concerned that the City is 95-98% built out and the population demographics of Eden Prairie are flattening out. He did not want to see our budget growing at a higher rate than our population base because that means someone has to make up the difference. Nelson thought 2.5% or 3% is at or near inflation. Kotchevar noted the implicit price deflator for the City is 4.3% for this year. Nelson said people call her and say they want value for their money and, except for the extra costs for the Community Center, it looks like they are getting pretty good value. Dietz noted the Guide Plan update that will be available around the end of the year shows an increase in population of 12,000 people, and some of what is included in the CIP is getting ready for that increase. The category of MCA Funding Under Review includes projects that will accommodate and anticipate the population increase. Aho thought we were at about 62- 63,000 population and were expected to top out at 72,000 in ten years. Dietz said we are at 65,000, and we think we may go up to about 77,000. Young closed the workshop at 6:30 PM. II. OPEN FORUM A. MURSHID – BUDGET This individual was not present at the meeting. B. RICHARD PROOPS – BUDGET Richard Proops, 9408 Clubhouse Road, said he had two subjects to address. First, he thought most of the Council discussion during the workshop related to adjustments to the General Fund, and he thought the budget reductions should be made to the CITY COUNCIL WORKSHOP MINUTES October 16, 2007 Page 13 total budget. He said if the CIP fund were reduced $1,000,000, there would be no need to look at the General Fund to arrive at the Version 3.0 budget. Second, he thought the subject of wage increases should be addressed because wages and benefits account for 70% of the General Fund expenditures. He also thought the Council should request periodic reports on capital expenditures. C. KATHY BOWMAN – BUDGET Kathy Bowman, 11592 Mt. Curve Blvd., said she was against the proposed cuts to the Human Services budget. She said the various human services provided have been very important in maintaining the balance of income levels in our community even though they amount to a very small part of the budget. She thought we need to be welcoming and have innovative programs to promote diversity in our community. III. OPEN PODIUM IV. ADJOURNMENT UNAPPROVED MINUTES 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 I. ROLL CALL / CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:00 PM. City Manager Neal was absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Acting City Manager Dietz added Item VII.A. HUMAN RIGHTS AND DIVERSITY COMMISSION. MOTION: Nelson moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 2, 2007 MOTION: Aho moved, seconded by Butcher, to approve the minutes of the Council Workshop held Tuesday, October 2, 2007, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 2, 2007 MOTION: Butcher moved, seconded by Nelson, to approve the minutes of the Council Meeting held Tuesday, October 2, 2007, as published. Motion carried 5- 0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. HUMAN RIGHTS AND DIVERSITY COMMISSION Carrie McGuire, Chair of the Human Rights and Diversity Commission, gave a short Powerpoint presentation on the Commission’s recent projects. She said the ITEM NO.: VI.B. CITY COUNCIL MINUTES October 16, 2007 Page 2 Commission worked with Parks and Recreation, the Arts & Culture Commission, and other community groups to put together the International Festival on August 12, 2007, noting they had the biggest turnout ever for the event with approximately 2,000 people attending. The Commission puts up displays at the Eden Prairie Library with a different theme every month, such as Hispanic Heritage, Disability Awareness, and Native American Heritage. They will also have the Hennepin County Libraries’ “Faces of Change” exhibit at the Eden Prairie library in November and plan to partner with them to have an exhibit opening event sometime in mid-November. VIII. CONSENT CALENDAR A. LIBERTY PLAZA Second Reading of Ordinance 23-2007-PUD-10-2007 for Planned Unit Development District Review with waivers and Zoning District Amendment within the I-2 Zoning District on 30.34 acres and Zoning District Change from Rural and I-2 to Office on 17.31 acres, Resolution 2007-108 for Site Plan Review on 17.31 acres. (Ordinance No. 23-2007-PUD-10-2007 for PUD District Review and Zoning District Amendment; Zoning District Change Resolution No. 2007-108 for Site Plan Review) B. ADOPT RESOLUTION NO. 2007-109 APPROVING FINAL PLAT OF TIMBER LAKES 2ND ADDITION C. ADOPT RESOLUTION NO. 2007-110 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 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 MOTION: Duckstad moved, seconded by Butcher, to approve Items A-H on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS CITY COUNCIL MINUTES October 16, 2007 Page 3 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 No. 2007-111 for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning Amendment) Dietz said official notice of this public hearing was published in the October 4 2007, Eden Prairie Sun Current and sent to 10 property owners. He said LaMettry Collision purchased the former Land Rover site. The existing building is 20,500 square feet, and an additional 5,120 square foot building is proposed. The plan conforms to city code requirements. The 120-Day Review Period expires on January 11, 2008. The Planning Commission voted 7-0 to recommend approval of the project at the September 24, 2007 meeting. Jeremiah noted the reason for the LaMettry move to the site was to accommodate Harley-Davidson on the existing LaMettry site. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the Public Hearing; to adopt Resolution No. 2007-111 for Planned Unit Development Concept Review on 3.2 acres; to 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 to direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Duckstad, to approve the Payment of Claims as submitted. The motion was approved on a roll call vote, with Aho, Butcher, Duckstad, Nelson and Young voting “aye.” XI. ORDINANCES AND RESOLUTIONS A. SECOND READING OF ORDINANCE NO. 24-2007 RELATING TO SNOW REMOVAL ON SIDEWALKS AND TRAILS AND ADOPT RESOLUTION NO. 2007-112 APPROVING SUMMARY ORDINANCE FOR PUBLICATION Dietz said the first reading of the Ordinance to remove snow from adjacent sidewalks and adjacent trails in certain locations 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 the sidewalks and trails that will be the responsibility of adjacent property owners is limited to those that are abutting CITY COUNCIL MINUTES October 16, 2007 Page 4 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. Dietz said one of the things we talked about was how to best deal with the elderly and accommodate their special needs. He spoke with Mary Keating of the Housing and Community Services staff who said the Home Outside Maintenance for the Elderly (HOME) program is available for snow removal for residents aged 60 and over. He noted the HOME program is one of those subsidized by the City. Snow removal is available to residents aged 60 and over on a sliding fee basis. Staff continues to explore the possibility of programs that may be available to physically- challenged residents. He noted staff is recommending that no special provision be made for military personnel on active duty. He thought the first year would be a test case as to how to deal with some of the limitations our residents might have and he thought there would be resources available. If second reading of the ordinance is approved tonight, staff will prepare a direct mailing to each property owner in the City. The mailing would encourage residents to lend a helping hand to neighbors that may be of need and would include information about the HOME program, a staff contact and phone number, and the City’s website address. Young said he heard Mr. Dietz say it would probably be done on a complaint basis and he asked what the ordinance contemplates. Dietz said the ordinance provides that if people do not plow sidewalks within 24 hours, they would receive a posted or mailed notice that gives them another 24 hours to plow. He said we would not do inspections but will deal with this on a complaint basis. Young then asked when the ordinance would take effect. Dietz said it would be effective on publication in the newspaper and would be in place for the first snowfall if it is adopted tonight. Young noted there was some discussion when we had the joint meeting with the School Board about whether penalties or fines would be put in place during the first year. Dietz said the ordinance has no penalties or fines. If the plowing is not done 24 hours after the notice is given to do it, the City would remove the snow and then would bill the property owner for the actual cost of the snow removal. Young asked if a written notice would be given if there is a complaint. Dietz said it would be posted at the house. Young then asked if the department will inspect the property again at the end of the 24 hours before anything else is done. He said he assumed we would knock on doors and try to find out if there is someone home. Dietz said staff knows there will be difficulties but we are just going to have to struggle through this first year using resources that are available such as the HOME program. CITY COUNCIL MINUTES October 16, 2007 Page 5 Aho asked, if it appears that there is no one home, will there be any attempt to contact the resident by phone or some other method. Dietz said he thought that would be difficult or impossible to do unless we have some information in advance about their being gone for the winter. He thought someone will be caught in that situation this winter, and it will cost them $50-$100 to remove the snow, but this is the way other communities do business and he thought we just have to break into something like this. He said staff will be reacting to complaints only and will not go out looking for unplowed property. Butcher said she knew this is a big change for the community and people are anxious about it. She thought that after this first year we should revisit the ordinance and see how we could tweak it to make it better. She suggested residents feel free to call City Hall and see what this means to them and see if they fit the criteria for receiving assistance. Dietz said there is a front page article about this on the City website with a map that marks the responsibility of the adjacent property owners with a red or light blue line. Nelson said she was concerned about our not looking into the situations where there is a family with a National Guard member who is overseas. She would like to have some kind of program whereby they could request assistance in advance. She did not like to just brush off these situations and she thought there may not be too many families where this is the case. The other Council Members agreed with her. Dietz said we will endeavor to make a provision for that, although we don’t know who will be in that situation. Rosow said there are two mechanisms in the ordinance that provide for the Council to weigh in and that could provide relief in those situations. It is not an automatic determination that the City sends someone out to plow if it is determined it is a nuisance. There will be an opportunity to interface with someone if there is someone at home, and at that point the department can determine if there are special circumstances. If someone does not pay for the cost, it gets assessed and the only way that occurs is at a hearing. At that point individuals come before the Council and can explain the situation to the Council, and the Council has the discretion to not assess that cost. Dietz noted the motion is in two parts because it includes the authorization of an amendment to the 2007 CIP budget to include the expenditure of $116,500 for additional equipment for sidewalk snow removal. MOTION: Butcher moved, seconded by Aho, to approve Second Reading of Ordinance 24-2007 relating to snow removal on sidewalks and trails; to adopt Resolution 2007-112 approving summary for publication; and to 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. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS CITY COUNCIL MINUTES October 16, 2007 Page 6 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 Jeremiah said the current 5-year lease between the City and Dunn Bros for use of the Smith-Douglas-More House 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 12-18 month lease with an annual net rent of $33,250 which includes $18,000 from Puregrace and $15,250 from a prospective subtenant. In addition, Puregrace will pay 5% of gross sales over $30,000 per month. The tenant will pay the utilities, and the City will pay for outside maintenance, exterior repairs, HVAC maintenance, taxes, expanded parking and an upper level fire exit. Jeremiah said staff is recommending that a new lease between the City and Puregrace be prepared in agreement with the proposal, except staff recommends to not pursue the parking lot expansion and the upper level first exit requested by Puregrace unless the tenant agrees to pay more rent or to commit to a five-year lease. Young asked if the current rent is $67,000 annually and they have paid taxes on it of about $15,000 and exterior maintenance of $5,500 per year, for a total payment of about $88,000. Jeremiah said that was correct. He asked if the proposed lease between the City and Puregrace is for $33,250, including $15,250 with a subtenant. Jeremiah said that was correct and we would expect that Puregrace would handle the sublease. She said the net amount to the City according to the new terms would be only about $12,000, a significant reduction. Young then asked how she arrived at the net amount of $12,000. Jeremiah said that was after subtracting taxes and outside maintenance from the total rent of $33,250 per year. Young asked if, in order for this particular subtenant to occupy the building, they would need some type of improvement or change and it is expected that CITY COUNCIL MINUTES October 16, 2007 Page 7 we pay for that. Jeremiah said they are requesting we pay for the expanded parking which would be approximately $33,000, and for the upper level fire exit which would be $12,000. She noted staff is not agreeing to those terms unless they increase the rent amount and the terms of the lease to five years. Young asked what Puregrace will sign, as of today. Jeremiah said with they will sign with the terms proposed, but staff is recommending that we go back and negotiate with them further to extend the lease or to release the City from the obligation of doing the parking lot improvement and the fire exit. Young asked what efforts we have undertaken to find out if there are other potential tenants interested in the property. Jeremiah said we have not done any search for other tenants, but this one-year lease would enable us to do that and also pursue other buyers. Young then asked if we could put Puregrace on a month-to-month basis. Dave Lindahl, Economic Development staff, said he had a short conversation with Ann Schuster of Puregrace, and he thought she would entertain a month-to-month lease. Young said we are 2-1/2 months from the expiration of the lease. He wasn’t thrilled with the lease terms as it is substantially less than the current lease, but he did not want to see the property stand vacant. He would like to see the City to explore what other options are available, whether it would be to explore a better lease or what the property could sell for. Butcher thought there is a greater issue here, and it is a philosophical question. She said it is a question of what does the community think is the value of maintaining ownership of a historic property. It has evolved into a gathering place for a variety of groups in the community, and we need to ask what that means to the community because in the past people had an interest in that. She said the third thing is how we feel about public access, that is, are we interested in selling this so that the community would not have public access to it. She thought rather than making a decision as to whether this is the right lease we should have a philosophical discussion on the Council and make a decision on what we think is the value of this property to the community. Duckstad said he would be in favor of a month-to-month lease that would give additional time for us to explore what would be in the best interest of the City. Aho said he was in favor of a month-to-month lease at this time because it would give us time to evaluate. We have had some ongoing discussions with community groups, and there is some interest in keeping public access to the facility. He thought there are opportunities to do that in a unique way, and this would give them time to evaluate it and see if it might fit for them. Nelson said she would like to see it remain something that is open to the public but would also like to see the City have ultimate ownership of it. If CITY COUNCIL MINUTES October 16, 2007 Page 8 we can keep a contract of some kind on it, we can make sure the inside stays historic, but we need to have it open and available to the public. She would agree to a month-to-month lease, but she thought we need to do the parking lot expansion because that might make a big difference for this tenant or any future enterprise. She said we should discuss putting a parking lot expansion on it, or at least something where you can turn around if there are no parking spaces open. She would like to give this tenant a real chance because it has become a meeting place, and she thought any place that makes high school students like history and historic buildings has some value. Butcher agreed with Council Member Nelson. She said since we probably won’t have a dialogue tonight about the philosophical perspective of the entire City Council, she would agree to have an interim lease so we can at least have the discussion. Young thought going forward on a month-to-month lease makes sense, but the question is what other direction we give staff in the interim. Nelson said she thought we need to give this tenant a shot at really making it and paying us more. Duckstad said he would give them enough direction so they could explore every reasonable possibility. He would not want to agree to the need for a parking lot expansion at this time, but it could be kept open as a negotiation point. Aho said he agreed and he would not vote to do the parking lot at this time. Butcher thought when we first looked at leasing this property we didn’t really know what would happen and she thought Dunn Bros. didn’t know either. We were all hopeful there would be a better revenue stream coming in, but we were really just guessing at the lease. She was not set on the original number because it was arbitrary. She thought we have a treasure with Puregrace and Dunn Bros. being in the community and we need to continue to work with them. We do have a revenue stream, people do know what is located in that building and they do want to participate in supporting it. She did not think there was a strong need to change what we have or to go out and seek other kinds of leases. She thought there may be another compromise for the parking lot, and we should work further with the staff on that. Young said he assumed Dunn Bros. had some projections about operations that supported the lease terms and it has been in business for five years now. The dollar amount being proposed is a substantial reduction from what we told people would pay back the capital expenditures. He would like to direct staff to look for other possible tenants to see if we can get more rent, but he did not hear that from the other Council Members. He asked if there was sentiment on the Council to lock these rates for 12-18 months. Aho said he would agree to 12 months at most and would be open to looking at other opportunities to lease the property. He would like to see it remain a facility that has public access because community members have expressed CITY COUNCIL MINUTES October 16, 2007 Page 9 an interest in keeping it available as a public access. The question we have as a Council is whether we are willing to pay for that. He would prefer the month-to-month route with 12 months at the outside so we can look at other options. He said, if we go 12 months, he would like staff to work with the leasee to negotiate a little better lease than what we are seeing here. Butcher said she would agree to going with the 12 month lease. She didn’t think there is any need to change this quickly and 12 months would give us more time to work within this lease and deal with the question of how that site might better fit the needs of Dunn Bros. Nelson said she liked going with 12 months because it gives us breathing room and gives us time to raise some funds to get it the way we want it to be, both from an historic perspective and for business purposes. Duckstad said he had no objections to either a 12 month or a month-to- month lease so we have enough time to agree on what we want to do with the property. MOTION: Butcher moved, seconded by Nelson to direct staff to prepare a new lease for 12 months 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 the staff memo but without the expansion of the parking lot and the upper level fire exit. Aho asked if we are leaving any room for negotiating by staff or are we accepting it on face. Butcher said her motion was as stated in the memorandum. VOTE ON THE MOTION: Motion carried 4-0-1 with Aho opposed. Nelson asked if we could pass a motion to instruct staff to look into working with some outside organizations or foundations to see if there could be some private funds raised to improve the outside maintenance or parking lot. Young said he was not sure if we would need a motion to do that. Nelson then asked if we could just make the suggestion to staff to do that. Young thought that was a fine idea. Dietz said he heard the suggestion, and staff will endeavor to do that. D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF CITY COUNCIL MINUTES October 16, 2007 Page 10 H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Aho moved, seconded by Butcher, to adjourn the meeting. Motion carried 5- 0. Mayor Young adjourned the meeting at 7:55 PM. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP TUESDAY, OCTOBER 30, 2007 CITY CENTER 6:00 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, and Recorder Jan Curielli I. 2008-2009 BUDGET DISCUSSION Mayor Young called the workshop to order and noted he would like to start by getting rid of some of the budget options as he thought there were too many. He suggested discussion start with Version 1.8, find out if we have a plurality of the Council Members in agreement, and then add changes either up or down to that. Aho and Nelson agreed with that as a starting point. Butcher said she didn’t mind starting there, but she would like to go back to the last workshop and pick up Version 1.5. She noted she did not want to drop any of the versions. Duckstad said he agreed with starting at Version 1.8, subject to further discussion. Young then asked City Manager Neal to outline Version 1.8. Neal said Version 1.8 is essentially Version 1.5 with CIP levy reductions. City operations would be at Version 2.0 levels with transfers in and temporary reductions in the annual CIP levy to produce a budget proposal with annual spending increases below 5% and annual City tax increases below 1%. In Version 1.8 the budget increase for 2008 is 4.8% and for 2009 is 3.1%. Operational levels are at Version 2.0 levels, except that the two Full Time Employees (FTE’s) in Housing and Community Services are added back in, and outsourced human services contracts are restored to 2007 funding levels. All new amenities at the Community Center are opened for 2008 as they become available. Version 1.8 includes a market wage increase for city employees of 3.0% in both 2008 and 2009. He reviewed the 2008 tax impacts on three property categories, noting there will be a $9 increase (0.86%) for a Median Single Family Home (MSFH), a $569 increase (3.27%) for a $5,000,000 Apartment, and a $960 increase (5.47%) for a $2,000,000 Commercial/Industrial property. Based on the assessor’s best estimate of what values may be doing in 2009, there will be a $9 increase (0.76%) for a MSFH, a $569 increase (3.27%) for a $5,000,000 Apartment, and a $389 increase (5.60%) for a $2,000,000 Commercial/Industrial property in 2009. Neal said Version 1.8 includes the change discussed at the last workshop to temporarily lower the CIP levy to provide some level of tax relief during the upcoming year when we are taking on new operational costs at the new Community Center. The levy would be reduced by $250,000 in 2008 and by $100,000 in 2009. He said staff recommends the levy be restored by 2010 or at least re-evaluated. Nelson asked why the numbers for the Commercial/Industrial property tax impact are almost the same for the amount taxed for both years but the percentages are completely different. Neal said that is because of the levy reduction. ITEM NO.: VI.C. CITY COUNCIL WORKSHOP MINUTES October 30, 2007 Page 2 Neal then presented a sample tax statement for a MFSH in the Eden Prairie School District and the Riley-Purgatory Creek-Bluff Creek Watershed District that showed a net tax increase of 1.85% for all taxing entities, which he said was a historically low number. Referring to the key features of Version 1.8, Duckstad asked what was meant by a market wage increase. Neal said we participate in a number of different salary surveys to test our total compensation levels with those of other cities and with the private sector for many of our job classes. He distributed a handout, noting the first page summarized the latest Employers’ Association wage trend survey. He said that is mostly a private sector organization and the information explains what their members are looking at in terms of wages for 2007-2008. Duckstad asked how much of the information is for the public sector versus private sector. Neal said the first page has wage data from the 225-member Employers’ Association, so almost all of that is from the private sector. He said there is information on the second page that specifically compares base wage increases for other city governments for 2008-2009. He said these are most of the cities that we compare ourselves to in regard to many things including maintenance budgets and staffing levels. Duckstad asked if most of the cities have an increase for 2008 of about 3%. Neal said that was correct. Duckstad asked if these are the cities we typically compare ourselves to because they are more comparable than other cities. Neal said they are more comparable in terms of levels of operations and other demographics. Young asked if the 3% market wage increase is an “all-in” number, or is it exclusive of step increases. Neal replied it is exclusive of step increases. Young then asked what the increase would be if the step increase were factored in. Neal said he didn’t know what that would be. Duckstad asked if any of the other cities use a step and performance increase in addition to a wage increase like we do. Neal said it is a fairly common public sector pay system so he suspects they do. Duckstad then asked if the handout does not include the total wage increases for all the cities. Neal said the explanation at the top of the graph states the base increase reflects salary movement only and all cities will give step increases in addition to base increases. Duckstad asked if the diagram indicates how much the step or performance increases are. Neal said it does not. Duckstad asked if that information is available. Neal said it is information we can gather. Aho asked what effect the addition of performance increases would have in terms of our budget process. Neal said it is hard to characterize as it only applies to about a third of our work force, which means about 2/3 of the employees are not in the step program. In addition various employees are at various steps within the plan. Aho asked what the total percentage is. Neal said it is about a 1% difference. Aho asked what the total would be for all wage- related cost increases. Neal said the total, or “all-in” number, is 4.1%, with the base increase of 3% and 1.1% for step and performance increases. Young asked if the 6.7% increase for 2008 in Version 1.8 for the General Fund includes the general operational costs of running the City. Neal said that was a fair characterization. Duckstad asked how the proposed wage increase in Version 1.0 compares to the proposed wage increase in Version 1.8. Neal said for 2008 Version 1.0 had a 3.5% base wage increase CITY COUNCIL WORKSHOP MINUTES October 30, 2007 Page 3 and a 4.8% “all-in” increase, and for 2009 there was a 3.5% base increase and a 4.2% “all- in” increase. Duckstad asked how much that was reduced in Version 2.0. Neal said in Version 2.0 the 2008 base wage increase was 3% and 3.25% in 2009. Duckstad then asked if the Version 1.8 increase is the same as Version 2.0. Neal said it is actually less in Version 1.8. Butcher thought we need to go back to talk about the policies that impact any budget that we might select. This one is particularly disturbing to her, because we didn’t make a decision when we were talking about the CIP levy at the last meeting. She would like to pull back and talk about the policy of the CIP and what we have really depended on in terms of that policy. We are a policy-making board and our policies are very important. She thought we need to have a policy discussion first and make a decision on what we are going to do about it before we see a change in it. As we all talked about last time, since 1999 we have had a financial policy to contribute $1,000,000 per year to the CIP, and we have had no decisions to change that policy. She thought this policy is one of the reasons we have been awarded the AAA bond rating and the Distinguished Budget Award. Noting the policy is an important statement in this dialogue, she proceeded to read the Financial Policy. She said she thought it is clear that we need to invest more and not less in our City infrastructure to protect our capital assets. She noted our strategic plan and mission is to keep a steady road of paying as we go rather than experiencing much higher tax increases in the future. She thought it is also wise to look at what other cities around us are doing because that is one of the markers we have when we make decisions. She noted Minnetonka is similar to us in many ways, and she understood they levy about $5,000,000 for their roads and capital investments and also have a $2,000,000 levy for capital expenses. She thought we need to have this conversation and make a decision before we start making changes to the money we have agreed to for years and years. Young thought it is hard to compare one city to another and, whether we levy for $1,000,000 or $500,000, those dollars are not being dedicated to the $225,000,000 total needed for infrastructure projects. He didn’t think anyone has suggested a change from prudent financial planning. We are in a time now when we have a certain level in our CIP fund and in our Economic Development fund, and we have received some one time dollars from the sale of properties. He asked if, in this unique time, we need to levy the same amount or, taking into account we will receive significant one-time dollars, can we reduce that levy on a temporary basis and give a break to the taxpayers in 2008. Duckstad disagreed that this is only a policy argument. He said the CIP levy issue was generated by the Budget Advisory Commission (BAC), which consisted of seven highly qualified people. He thought when you look at the CIP fund there is more than just one fund that now has $9.5 million. The Capital Project Fund has a total of $30,000,000. The BAC asked if the levy is really needed in light of all the other circumstances in the City. In addition to the $1,000,000 levy, it is funded by about $1,000,000 in liquor store proceeds. He didn’t see anything on the horizon that has such an immediate need that by temporarily reducing the levy we would jeopardize our capital building projects. We just got through with the $18,500,000 investment in the Community Center, and he thought if we spend that kind of money on that kind of project we need to hold up some other projects that aren’t needed immediately so that we don’t drive the budget up unnecessarily or take money from the taxpayers that we don’t really need at the moment. He did not think there is anything CITY COUNCIL WORKSHOP MINUTES October 30, 2007 Page 4 about that particular fund in and of itself that pertains directly to the bond rating from Moody Services. He concurred with the BAC recommendation on the issue and was in favor of suspending the levy. Young asked if Council Member Duckstad was in favor of suspending the entire CIP levy by $1,000,000 for the next two years. Duckstad replied he would consider cutting it in half if other Council Members were in favor of that. Young noted Council Member Aho raised some questions about wages, and he wanted to find out the direction on that subject. He asked if the Council Members proposed a change to the 3.0% wage increase in Version 1.8. Duckstad said he would like to see a little more information about the step and performance increase in other cities. His view on wages is that he was in favor of our employees getting wage increases but was not sure what level that increase should be. He saw some information from the BAC that projected wage increases for 2008-2009 of 12.6%, and he was not sure at this point they should have that kind of increase. Young said he understood the 12% figure was an attempt to calculate the change in total compensation from the City, taking into account the changes in census. Duckstad said he thought the computation was based on the present salaries paid and the projected salaries in 2007 and 2009 and did include fringe benefits. Young asked if the figure related to the same number of employees. Duckstad replied that was his understanding. Kotchevar said the total of 12% is the increase between 2008 and 2009, and it includes wages, changes in census, and changes in fringe benefits including health and dental insurance, pensions, disability, life insurance and part-time wages. Neal noted that we characterize this as the wage bill. Butcher said she wanted to clarify the BAC’s recommendation about the CIP fund. The BAC’s vote on that recommendation was 3-2, so it was not unanimous. In addition one of the commission members, Don Uram, was not present at that meeting and he has stated he would have voted against it had he been present. She thought we should not “hang our hats” on that recommendation because it was not a unanimous decision. Young asked if there was agreement on suspending the CIP levy for the next two years and if we agreed we don’t have enough information about the 3.0% wage increase proposed for 2008-2009. Duckstad said he was in favor of increases across the board but needed more time to look at the exact figure. Aho said in terms of the CIP fund he felt it is extremely critical the City maintain all our properties. He thought we are doing a good job of that. When we look at a capital improvement plan, we have things beyond just improvement and maintenance of facilities. If we change the CIP funding to a degree, it doesn’t mean the buildings are going to fall apart. He thought we do have an opportunity here to reduce the amount of the CIP levy for a period of time, and he was very much in favor of reducing it. He thought a temporary reduction of $500,000 would be in order for 2008 when we have some new facilities coming on line and a lot of additional costs because of that. He said his hope is that the amount we need for operating expenses for the Community Center will decrease over time as the facility gets used more so the net impact on our budget will be lessened. He said we need to fund the amenities as they come online and put them into service as they are available. He CITY COUNCIL WORKSHOP MINUTES October 30, 2007 Page 5 thought we really need to be conscious of that impact and look to reduce the levy temporarily. Young asked Council Member Aho if his position was that he would support a CIP levy of $500,000 for 2008. Aho said he would support $500,000 for 2008, and possibly increasing it slightly for 2009 to $600,000 or $700,000. Young then asked him about his position on the employee wage issue. Aho said he thought it is important to keep pace with the wage increases that are required to meet the market, both in terms of the cities around us and to keep pace with inflation. He thought we are doing that, and the 3.0% plus the 1.1% puts us at a total of 4.1% which is a pretty good amount. He would like to see it be 3% in totality because he did not like things to not be transparent. When we say the wage increase is 3% and then there is another 1% for step increases, it gives the perception we are not packaging it all together and he didn’t like that perception. He would like it presented as the total number, not as separate pieces. Young then asked if he would like to see the total be 3.0%. Aho said that was correct, but he could be flexible on that position. Nelson said if necessary she could go along with the Version 1.8 CIP levy, but she was concerned about it because we are already taking dollars from it in 2007 and proposing to take another $250,000 out of it would be an even bigger reduction. She thought we need to look long term to be sure that we have the money we need. She noted the homestead credit could change as could the liquor store profits. She could compromise for one year and go to the $750,000 amount, knowing we would be taking the extra money from 2007. She asked if our bond rating will be affected if we go down to $750,000. Kotchevar said she did not think it will have an immediate impact on our rating, but she could not guarantee that. Neal said next time we issue debt we will have to answer questions about it. Nelson said she was very concerned we look long term and that we look at maintenance of our parks and streets and keep adequate numbers of Police and Fire for public safety. She thought that is part of what defines Eden Prairie. If you look at the market report from the real estate industry, our home values are going up and she wanted to make sure we continue to maintain our home values. As far as the employee wage increase was concerned, she thought the 3.0% seems to be what is happening in other cities. We are obviously below the private industry trend, and that leaves some of our best employees potentially “stealable.” She would really question going down to an overall 3.0% increase, knowing that all the other cities also have step increases added to the base. We could get rid of step increases by employing all employees at market wage but she thought we do it this way to provide time for training of new employees. She thought we have a wonderful employee base and many have been with the City for a very long time. Our surveys say they give excellent service and she would like to see that continue. Young asked where in the Version 1.8 numbers is the concept that we should put in the extra from the 2007 budget. Neal said that was not shown in the Power Point presentation he gave. Young asked if it is still part of the Version 1.8 budget. Neal said it is. Nelson asked how much we expect that to be. Kotchevar said she would expect it to be very similar to last year. Young thought if we take in more in tax than we budget for, that amount belongs to the taxpayer. Neal said they get it back when it goes back into the CIP. Nelson thought it was very appropriate to have it go back to the total tax base because it is like an internal rebate. CITY COUNCIL WORKSHOP MINUTES October 30, 2007 Page 6 Butcher asked how much the 5.5% and 4.8% increases in the Versions 1.5 and 1.8 budgets would increase the tax impact on a MSFH. Neal said they estimate that number to be $9 for Version 1.8 and $18 for Version 1.5. Butcher asked if we put a total of $2,500,000 per year into the CIP, with the $1,000,000 levy and other revenue of about $1,500,000 per year. Kotchevar said that was correct. Butcher asked if every year about $3,000,000 is used from the CIP. Neal said that was true. Duckstad said Council Member Aho indicated he was interested in a figure of 3% for wage increases and asked if that was for both years. Aho said that was correct. Duckstad said that was a wage increase with no step increase. Aho said it was a total of 3.0% for all wages. Duckstad then said he would support that position. He thought we are very competitive when you think about the private sector because many companies in the private sector do not have the pension plan that we have. He thought the same is true for our health care plan because we have the government programs and we have the best health care plans compared to the average out in the private sector. That is one of the factors we overlook when we say we have to pay the highest wage to be competitive. He thought we do not have to be at the top to attract and retain good employees. The taxpayers deserve good employees, but we have to balance that against what the taxpayers have to pay. Regarding the CIP, Aho read the definition of Capital Improvements. He said some of it goes for maintenance of equipment, vehicles and facilities, and some goes for new equipment. He asked if we have a rough idea of what percentage is for maintenance versus what percentage is for new items. Dietz said about $1,400,000 was spent in 2007 for street maintenance and about $170,000 on trail maintenance, and those are the two primary infrastructure maintenance items. We also have projects for building maintenance. He said acquisition of new equipment is always taken from the operating budget. Aho said he did not think reducing the amount of money taken in for the CIP levy for a period of time means we would be directly impacting the ability of the City to maintain our facilities and keep them in good shape. He thought we will have to look at what we are spending for new things in the CIP plan. Since we just built the Community Center addition he thought we might be able to defer some of the other projects and put those out a little to make sure we don’t spend down the CIP fund too quickly. Butcher noted we are still behind if we put in $1,000,000 each year. Aho said the point is that right now we have enough funding in the fund so that if we reduce the levy for the next two budget years, we won’t jeopardize our ability to maintain the facilities. Butcher said she understood his perspective but did not agree with it. She thought we need to continue to have a levy of $1,000,000 when we are using $2,000,000 a year just for essential maintenance. She thought a fundamental difference is that this year has been the year that we have the lowest taxes. What she did not understand is that our residents have given their approval through the referendum for the new Community Center which represents half the budget increase. Our residents have said they are willing to have a change in their tax billing otherwise they would not have approved the referendum they knew would CITY COUNCIL WORKSHOP MINUTES October 30, 2007 Page 7 bring additional costs. We are pushing costs further out when the survey results showed that residents enjoy the services they have been given and they also approved the referendum. She thought we are talking about a basic cause and effect. She said it does not make sense in a year when people are prepared to do this and voted to approve it. She asked what another budget version would look like that was between Versions 1.5 and 1.8 and added back in the $250,000 from the CIP so we kept the whole levy. Neal said it would probably be close to Version 1.5 and there would be a tax increase on a MSFH of somewhere between $9 and $15. Young said he would like to talk about the budget proposals and he understood the dollar impact on taxes although he disagreed with looking at a budget from that perspective. Regarding the Community Center, he said the referendum passed by 250 votes and it came in over budget. Aho said he did not agree with using the Community Center as a way of saying people are willing to spend more on taxes because it did cost them more than was on the levy and there are additional costs to run it. He didn’t know that anyone knew what that impact would be. He did not think this was a very strong case to keep the levy the same. Nelson said she was impressed by the fact that we can stay so low with the Community Center coming in. She thought we should shoot for a lean budget, and she believes we need to spend what we need to spend. She was concerned about the CIP numbers because she recalled there being things like a new roof for City Hall and some significant money for some facilities capital projects. She was a little hesitant to say it is just the streets, which are certainly important, but there are a number of different roofs on the list and those are very expensive. We can put off some things that are new but it should not be the radios for the Police and Fire systems. She thought we need to look at what the big dollar amounts are and she would need more information about what we could put off for a year or two. She said she was willing to go along with the $750,000 levy if necessary. Regarding employee wages she said she was concerned about doing a total of 3% instead of a 4.1% total increase because that is just a 1.9% increase which is below inflation and a whole percentage point below other cities. Even the BAC recommendation was higher than that. She didn’t want our employees to say that we don’t value them and aren’t willing to pay them what other cities pay when the City is not in a budget crisis. Kotchevar said we project out revenue and expenses for the CIP fund and we project there will be money in the Capital Improvement Fund until 2015 at which time we would run out of money. Staff believes we need to put a steady amount in it every year to maintain the fund. Young asked if the projections include the balance in the Economic Development fund and what that amount is. Kotchevar said it did not. Jeremiah said the amount is $3,000,000. Young then asked about the sale to Presbyterian Homes. Kotchevar said it is $2,000,000. Young also asked about the sale of Fire Station 4. Kotchevar said we will receive the gain on that sale only. Young said, as far as wages are concerned, he thought we need to pay market rate wages to our employees. He didn’t want to lead the pack but also didn’t think we need to pay more than any other city and he assumed the 3% number reflects that position. He said there were some other minor tweaks to discuss. He thought we need to get out of the car allowance CITY COUNCIL WORKSHOP MINUTES October 30, 2007 Page 8 business. We should use market rate compensation as a base wage and not use car allowances as a wage correction. Regarding certain staff changes, he thought the Community Services Technician position was not a service we need to provide. He asked how much time the Heritage Preservation Specialist spends on heritage preservation issues. Jeremiah replied the employee spends nearly full time on heritage preservation with some general training duties for the balance of the time. Young asked how many sites we currently maintain and how many the employee works on. Jeremiah noted there will be a full response to the BAC recommendation coming soon and listed the primary sites the employee is currently working on. She said there are other initiatives being worked on such as updating ordinances for clarity. Young said for 2008 he would like to move that responsibility to half time, and then over time get it down to a quarter time position. He said he didn’t agree with a 3% cap on total wages. Regarding the CIP, keeping in mind it would be on a temporary basis, he would support some level of reduction for 2008 but would like to see it growing back in 2009. He would support a levy somewhere between $500,000 and $750,000. Butcher said she didn’t support any change to the CIP levy. Regarding the Community Services Technician, Nelson said she believes that is a position the community needs at this point. They work with people in the greater Eden Prairie community such as businesses, the library and Hennepin Technical College to work through problems. They do some work with the Police and Fire Departments and can work with Parks. This is the kind of service the community still needs to have. She would like to take it down to half time with benefits with the City and fund the other half through a service agency. We need someone we can send immigrants to if they have questions about planning and zoning. With the largest immigrant community within the City being Somali, it makes sense the person speaks Somali. She thought over the next three years as the community grows the position should be phased into something else; however, she didn’t believe this year or next is the time to do that. Young thought the dynamics would change if there were other proposals being brought to us from some other groups such as the library or the School District to provide some of the costs for these services. Nelson said we can certainly talk about such changes but she did not think it was practical to finalize anything during the next month. She thought we could keep the position and ask staff to research having a fee for use or look at how we can work through the various parts of this position. Young said there is a certain level of service outreach the City does have to provide the community in terms of public safety and parks and recreation. Regarding the Community Services Technician position, Aho said he would like to see the City work as a catalyst with the organizations within the City to transition those services. He didn’t think this is a core responsibility of the City, and we should transition it to the private sector. As far as the Heritage Preservation position was concerned, he thought a full time person is excessive for the number of properties, and he would like to see it transitioned to a half-time or lower position. Butcher said she thought the Community Services Technician position was essential and she CITY COUNCIL WORKSHOP MINUTES October 30, 2007 Page 9 thought we could fund it in 2008 and evaluate it in 2009. After receiving the information from staff on the variety of roles the Community Services Technician fills, she didn’t know how you would fill those roles in other ways. Hennepin County has made it clear they don’t have the resources to do that for us. She thought we could move from the stalemate if we continue the position for at least a year, and then review it after that to see if there are other ways that it could be filled. Duckstad said he agreed with Council Member Aho with regard to the Community Services Technician position. He thought the City could make some further effort to make sure Hennepin County can’t provide services in this area, because his understanding is that there are many full time employees at Hennepin County who are devoted to the immigrant services area and they have a significant budget for those services. He thought we should make every effort to transition this to some other agency. We owe it to the citizens of Eden Prairie because Hennepin County is funded in a significant amount, and when they pay property taxes for the same services the citizens are really being doubly taxed. He said he agreed with Mayor Young and Council Member Aho on the heritage preservation position and thought that should be reduced to half time. Aho said one of the things we talked about in the last budget cycle was a new policy to establish a Budget Stabilization fund that would be maintained at 15% of our annual operating budget so we could ride out differences. If we keep that budget percentage the same, he asked if we see any additional amount as surplus in that fund that could be applied to the General Fund. Kotchevar said the policy hasn’t changed. Aho then asked if we have any additional funding that we could apply to the General Fund as a result of a surplus in the Budget Stabilization fund because we had additional funds in there when we set it at 15%. Kotchevar said that was a one-time deal. Neal reviewed the tax increases over the years since 2002, noting that Version 1.8 has a $9 increase for a MSFH for 2008. He thought that is a very reasonable number. When you look at the service composition that goes along with that number, it is actually extraordinary. We now have the fourth highest tax capacity in the state and are behind only Minneapolis, St. Paul and Bloomington. Our economy is doing well and our taxation is not dampening the local economy in the least. He said a couple of months ago we gave the Moody representative an update on where our City is headed which he shared with the Council at a workshop. We had a chance to take the pulse of our residents earlier this year, and one thing that stood out for him was that 73% of those surveyed believe the value of what they receive in services from the City is good or excellent. When we look at what our City is doing in terms of operations, we are keeping pace with what our peers are doing and are doing better than many. One of the reasons we are able to achieve that is the employee base we have. He thought that, at a time when we are going to be imposing a very low tax increase, this is not the right year to ask the employee base to accept a below market wage increase. He asked the Council to give further consideration to how that would affect employee morale. He noted his hope as City Manager is that we get a budget with five votes behind it because that gives a stronger representation to the community as well as to City staff. Young said he has always looked not just at relative change but also at the absolute. We are probably doing pretty good compared to other cities; however, on a per capita basis when CITY COUNCIL WORKSHOP MINUTES October 30, 2007 Page 10 compared to our peers, we are the highest tax based city. Neal said he knew that is true, but wanted to point out that when we look at the trend of the data, the trend for Eden Prairie is going in the right direction. We are starting to slow down the rate of growth, and that is reflected in our spending habits for the last few years. Nelson said she would like to clarify two things. One is the tax per capita which she believes is very similar to Minnetonka and Edina. When you look at cities that seem to be very prosperous with homes and businesses, all three cities have good schools and a very good business base. Our homes have a higher value for the same house than surrounding communities. Most of us purchased our homes knowing that and whatever we do she wants to make sure Eden Prairie stays at that level. The other item in the packet talked about keeping the money for services in Version 1.8 and she would like to see that happen. Young noted that is the next item on the agenda. He said the total dollar difference spread on the Council is not huge. He didn’t think that Eden Prairie will ever be a low tax city but he would prefer not to be the highest taxed city. Regarding the survey, Duckstad said Question Number 32 asked for those in favor of or opposed to an increase in property tax to maintain city services at the current level. The results showed 41% were in favor and 39% were opposed. Nelson said for 2009 she would like to throw back on the table the half-year Training Chief position for the Fire Department, which is an extra $45,000, and potentially the $60,000 needed for the two Fire Department vehicles. She thought this is a core area and it is an important position. Young said he thought we have time to talk about that. Nelson thought we should discuss it before we vote in December. Jeremiah noted the Manager of Hennepin County’s Multicultural Services said they have a total of three Somali employees and they also serve Ramsey County. With regard to the three employees, they provide access to county programs so there is no overlap we can find with our position. II. OUTSOURCED HUMAN SERVICES CONTRACTS Neal said Ms Jeremiah manages this part of our budget operation as well as the committee that reviews the applications and makes recommendations. He said he is not expecting a final decision tonight, but he wanted to get some direction from the Council because all of the groups have calendar year budgets and want to know where the City is headed. He said this will come to the Council for approval on the November 13 agenda, and he wanted the Council to have it ahead of time in case there were questions or concerns. Jeremiah said the first of the two items before the Council is entitled Agency Contracts for Human Services. She pointed out the Human Services Review Committee recommends full funding of the requests received from the non-profits for the contract services this year and that is possible under budget Versions 1.0 and 1.8. She noted the committee was also asked to provide recommendations for the reductions proposed under Version 2.0. It was a very difficult task, but they were able to come to consensus and that information is on the second half of the first page of the memo and continues on the second page with recommendations CITY COUNCIL WORKSHOP MINUTES October 30, 2007 Page 11 for 2009. The recommendations ranged from not funding two or three agencies in 2009 at all, to funding agencies up to 83.3% of their request. She reviewed the criteria they used to come up with the funding recommendations. They look at funds that assist people with basic needs of daily living and that assist Eden Prairie residents. She said in many cases the applicants are able to leverage funds up to four to ten times the amount we provide. Jeremiah said the review committee also looks at balance in funding to various targeted populations such as seniors, immigrants and families; however, there aren’t any programs in the current list that specifically served immigrants. The reason for that is we haven’t found any agency out there that specifically serves immigrants, has a proven track record, and meets some of the other criteria. Because we have not found an agency to fund for immigrant services, that expense has been allocated to the Community Services Technician. The review committee also looks at the likelihood of their continuing current services with other funding possibilities and also whether they could survive the cuts. The committee looks to see if they are accessible to large geographical populations and different economic means as well as their history of working in collaboration with other agencies and providers. There is a lot of monitoring involved, and they must submit quarterly reports. Staff members talk with providers on a regular basis and also make site visits. Each year the full committee interviews each agency candidate. Young said the discussion about the Community Services Technician reminded him of a discussion he had with PROP about taking on those services if the City increased its funding to PROP. He noted PROP obviously can’t hire someone and pay what the City does. He asked if that remains a possibility as it was two years ago. Jeremiah said she had no recent information on that, but her concern at the time was that 45% of the person’s time is spent helping City departments and other agencies with cultural issues and problem solving so very little time is spent helping PROP. It wasn’t clear those duties would be maintained, and we would lose a lot of control over what duties the position performed. Nelson asked if we have looked at funding the position at half time with full benefits and moving the other half into PROP with extra funding for them. Jeremiah thought we could explore that, but she was not sure it would save the City dollars. Neal said he recalled the conversation a couple of years ago, but he didn’t think we have had any further discussion with PROP or any other agency. Butcher said she served on the Human Services Review Committee and found this to be a good model for the delivery of funding to organizations that meet the needs of our population. She noted we have always had a very rigorous evaluation process, and we are talking about a total of $154,800 going to eight organizations. She said the committee felt strongly about funding these groups because they served so many of the populations whose needs would not be met in other ways. She supported full funding for all of the groups, and she thought we would see a negative reaction in other ways if we don’t provide funding to all the groups. Aho thought all the programs are worthy and worthwhile, and he thought the programs we decide to support should receive funding at the levels required. He would like to have open dialogue on each one of them and see if it is within the cities purview to support each one. He thought Meals on Wheels is a fantastic service, as is PROP. He had some reservations in CITY COUNCIL WORKSHOP MINUTES October 30, 2007 Page 12 supporting the YMCA program at the level we have been asked to because he thought that is less of a City function than some of the other services. Young said as far as the contracts we enter into, it is important they be reasonably related to services that people could reasonably expect the City to provide. He had questions about the Family Center and the YMCA. He thought the Family Center is a School District function and they should support it. The YMCA is an after-school program located at CMS. He thought it should be in the School District budget and not the City budget. Other than those two, he thought they all should be fully funded. Butcher noted the person from the YMCA gave a compelling reason why we should continue funding them because they help kids at risk and the program changes their lives. In addition we are only talking about $25,000 for that service. Young said there was no question about the value but rather the question is how closely related the services provided are to obligations the City has. He thought a program at the schools should be funded by the schools. Butcher asked if these programs are funded at all by the schools. Jeremiah said her understanding is that the School District is not contributing to the YMCA program currently, but they are providing some space for that person during the day. Neal said he can’t recall the exact ratio, but there is a joint funding feature at the Family Center. Jeremiah said the City has provided $14,000, the State of Minnesota and program fees provide $29,000, and the Rotary Club provides $1,000. Butcher said she felt our role is at a policy level and this feels like micromanaging when we talk about these relatively small amounts out of a very large budget. She thought if there were to be cuts, the recommendations made by the people who are close to this are different from our perspective and we need to weigh what their opinion is. In her opinion, there is a disconnect to cut funding for programs that have served us so well in the community. Nelson said if we are going to fund things she would like to see them funded all the way out. She saw a lot of value in the Family Center and the money put in comes back many times over in services you don’t have to provide later on. She said she was not as familiar with Storefront, but she noticed their main operation is in Richfield. Regarding the YMCA, she thought anything that helps teens and junior high age youth and keeps them out of the criminal justice system saves us money. She was not as familiar with the Family Community program but it sounds like they do good work. She thought by doing this private/public partnership we certainly take our money and make it grow. She was willing to trust the committee and would go with their evaluation if we have to cut but she didn’t want to do that. Duckstad agreed and said he liked all the programs and thought they all should be supported. Part of our job is to recognize that we are entrusted with the public’s money and we should spend that money wisely. He particularly likes the Meals on Wheels program and PROP. If he had his choice, he thought the City should be continually vigilant to look for non-profit groups that are looking for an opportunity to help the community. Young asked when a decision was needed. Neal said he planned to advance this material for Council approval on November 13. He said it may feel out of synch with the budget CITY COUNCIL WORKSHOP MINUTES October 30, 2007 Page 13 approval, but he thought our budget has the ability to stretch or contract by at least this amount. It has been our custom to make this decision as early as September. Young said Council Member Nelson’s comments about the YMCA led him to believe the service will not be provided if we don’t provide funding. Jeremiah said that was very likely true, because our support is about half of the program. Young then asked if we can talk to the School District and see if they are willing to come up with money for the program so we could transition this to them. He didn’t want the service to go away, but his first read on it was that this should be in the School District budget. Neal said he will communicate with the School District. Young said he would also like a better reason why we should continue the Family Center funding. Aho thought it would be good to do this as early as we can because it is tough for non- profits to come up with the dollars. Nelson noted some of these organizations leverage City money with other foundation or government money, and they may have other funding pull out if we pull out. III. ADJOURNMENT Mayor Young adjourned the workshop at 8:25 PM. - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: November 13, 2007 DEPARTMENT/DIVISION: Christy Weigel, Police/ Support Unit ITEM DESCRIPTION: Clerk’s License Application List ITEM NO.: VIII.A. These licenses have been approved by the department heads responsible for the licensed activity. Raffle Organization: The Leukemia & Lymphoma Society Place: Gander Mountain 12160 Technology Drive Date: 12/08/2007 Amendment to Liquor License 2AM Closing Permit – New Ownership Champps Operating Corporation DBA: Champps Americana Amendment to Liquor License 2AM Closing Permit - Renewal Leiserv Inc. DBA: Brunswick Zone Eden Prairie CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: November 13, 2007 DEPARTMENT/DIVISION: Randy L. Slick Public Works / Engineering ITEM DESCRIPTION: Final Plat Approval of Liberty Plaza ITEM NO.: VIII.B. Requested Action Move to: Adopt the resolution approving the final plat of Liberty Plaza. Synopsis This proposal is for the plat located at 7075 Flying Cloud Drive. The plat consists of 47.65 acres to be divided into two lots, two outlots and right-of-way dedication for street purposes. The proposed site includes the construction of four multi-story buildings and two parking ramp structures. This is a replat of Lot 1, Block 1, Best Buy Addition. Background Information The preliminary plat was approved by the City Council on September 4, 2007. Second reading of the Rezoning Ordinance and final approval of the Developer’s Agreement was completed on October 16, 2007. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of $6,194.50. • Receipt of street lighting fee in the amount of $3,207.60. • Prior to the release of the final plat, Developer shall provide to the City a title insurance policy in the amount of $309,600. • Satisfaction of bonding requirements for the installation of public improvements. • Execution of Special Assessment Agreements for Flying Cloud Drive and West 70th Street improvements. • The requirements as set forth in the Developer’s Agreement. • Prior to release of the final plat, Developer shall submit and receive approval of a Wetland Plan by the Environmental Coordinator. • Prior to release of the final plat, Developer shall record and provide proof of filing the Development Agreement at the County Recorder and/or Registrar of Titles. • Prior to the release of the final plat, Developer shall enter into the Environmental Indemnity and Hold Harmless Agreement. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION APPROVING FINAL PLAT OF LIBERTY PLAZA WHEREAS, the plat of Liberty Plaza 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 Liberty Plaza is approved upon compliance with the recommendation of the City Engineer’s report on this plat dated November 13, 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 November 13, 2007. __________________________ Phil Young, Mayor ATTEST: SEAL __________________________ Kathleen Porta, City Clerk LIBERTY PLAZA R.T. DOC. NO. WALL WM BY MAE REMITS Liberty Property Limited Partnershp, a Pennsylvania limited partnershp, fee 0.71. of the following described property situated in the County of Hennepin. State of Mobneeotu to wit Lot 1, Block f, BEST BUY ADDITION, according to the recorded plat of Hennepin Count. Albnesota. 1100 caused the saner to be summed and platted as LIBERTY PIA. and See hereby donate and dedicate to the public for public use Messer the pudic womr and ths debugs and Molly easements 02 01,000 an the dot In witness duns& sod Liberty Property Limited Partmershb. a Psnnsyvanlo limited partmeshp, has caused these presents to be signed by Ite Mows officer this de" of SANAA LIAM AWOPERTY LAIRD PIAINERENP By SAM OF onINTI OF The foregabg betrument was acknowledged before me this day of 20_. by Rick Medea the VIce President of Development of Lberty Property Mat a Mardand Red Estate Intestment Rust on behalf of the moat as General Partner of Liberty Property Limited PartnenshM a Pesorsdeania Limited Portnershb Notary Publia Count. Abmesata My Commission Expires I hereby certify that I hate sunesrd and platted the property descnbed on this plat as LIBERTY PLAZA; Mat this plat is a correct representation of the sone that all distances are correctly Mown on the plat In feet and hundredths or a foot that all monumente have been correctly placed in the ground as shose or lei be placed on rewind by the local governmental udt a s designated on saki Plat that the outside boundary Isms ars correctly designated an the plat and that there are no met.. Gs defined hr Mimosa. Statutea Section 500005 Saba I or public highways to be designated on said plat. Mark R. Salo, Land Sorel,- Minnesota License Na 43031 AMIE OF 111411:51701 COUNTY Or the foregoing Sunexes Certificate was acknoetedged before me this day of 20_ by Ales* R. Salo, Land Sone,: Notary Public. Count. Minnesota My Commas. &phis EDDI MAC AMES= Ms plat of LIBERTY PLAZA was operated and accepted by the City Cowed of Eden Prairie Minnesota at a regular meeting thereof held this day of 20 If applicable, the mitten comments and necommendations of the Commissioner of Tbumemtetice me the Cehety THOM , agkeee haw been ravelled by the City or the prescribed 30 day period has elapsed without meet of such commento and necornmendations, as prodded by Mbnesota Statutee Section 505.03 Subdivision 2. CRY CALERA CF EOM FAY= By By Mayor City Manager WM= SEMI= ORAYOR liaumpb Count. Mbneede I hereby certify that taxes pebble In and prior years have been paid for land described on this plat. Dated this day of 2fL_. Hennepin County Auditor By Deputy RAW MAIM Hennepin Count. Minnesota Pursuant 10 MINN. STAT. Mx. 38.50505 (1969) this plat has boar, approsed this day of Mom P. Brom, Hennepin County Scamper By MEM RECOVER ffsernmin Count. Mbmsota testy certify Blot Ms MI1, plot of UBOTTY PLAZA was bed Mr record in this office thb day of 200_, at o'clock _M. Michael N. Cunniff, femme County Rscorehe REIZSAVE OF AREA I hereby certify that the withh plat of LIBERTY PLAZA saw filed AV record in thb office this day of 20L_, at o'clock _AL Michael H. Conniff, Registrar of Titles By Deputy Westwood Profeslond %Mom Mc. Sheet 1 of 2 sheets Westwood LIBERTY PLAZA jmoo,ornr 4-0.4 - N°9.7°'171- LN442 7, 17,133472 40111°°99:13.410 R.T. DOC. NO. 700 200 300 hod Soar., shorn we booed on on onsanned datum. O Nano. 1/2 hob by 14 inch Son monument eat and marked by Limnos No. 431732 • Denotes 1/2 Inch by 74 2,43 iron monument found and nook. as Moon Profeslonel Salvias. Mc. Shoot 2 of 2 Moots CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: November 13, 2007 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah Scott A. Kipp ITEM DESCRIPTION: Presbyterian Homes Eden Prairie Redevelopment Environmental Assessment Worksheet ITEM NO.: VIII.C. Requested Action Move to: • Adopt the Resolution for Environmental Assessment Worksheet Review Synopsis This is for the review of an Environmental Assessment Worksheet for redevelopment of the Broadmoor Apartments, Castle Ridge Care Center and two vacant sites into 707 housing units and 70,000 square feet of retail and restaurant uses to be constructed in three phases between 2008 and 2012. The site is located southwest of Prairie Center Drive, east of Columbine Road and west of TH-212. Adoption of the Resolution on the EAW is not an approval of the development proposal but rather an acknowledgement that the environmental analysis of the project has been reviewed and found to be complete and accurate will not require an Environmental Impact Statement. Action on the EAW is required within 30 days of the end of the comment period or November 23, 2007. The November 13th Council meeting is the only opportunity to take action within the 30-day time frame. Background Information The proposal consists of: • 260 units of all age housing in a tiered 9-13 story building. • 372 units of senior housing in a tiered 9-13 story building which includes: 60 units of skilled nursing, 27 units of memory care, 75 units of assisted living, and 210 units of independent living. • Mixed use retail of 21,000 sq. ft. first floor with 75 senior housing units in three stories above. • 20,000 sq. ft. of retail • 12,000 sq. ft. of restaurant • 13,000 sq. ft. pharmacy • 4,000 sq. ft. bank City Council – Consent Agenda Presbyterian Homes Eden Prairie Redevelopment EAW November 13, 2007 Page 2 The public comment period on the EAW ended on October 24, 2007. Comment letters were received from MN Department of Natural Resources, Hennepin County, Metropolitan Council, the State Archaeologist, and MN Department of Transportation and are included in the Response to Comments document. In accordance with Environmental Quality Board Rules 4410.1700 Subp. 4, the City of Eden Prairie has prepared a Response to Comments document addressing all substantive comments and has provided a resolution of findings on the EAW. Attachments 1. Resolution for EAW 2. EAW Document dated September 14, 2007 (Hard copy only) 3. Responses to comments dated November 6, 2007(Hard copy only) 4. Staff Report dated October 5, 2007 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION FINDING THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT, A PRIVATE ACTION, DOES NOT REQUIRE AN ENVIRONMENTAL IMPACT STATEMENT WHEREAS, the Planning Commission did hold a public meeting on the Environmental Assessment Worksheet for the Presbyterian Homes Eden Prairie Redevelopment on October 8, 2007, and did recommend approval of the Environmental Assessment Worksheet as accurate and complete, and that no further investigation of environmental impacts is needed; and WHEREAS, said development is located on 21.3 acres of land, located southwest of Prairie Center Drive, east of Columbine Road & west of Highway 212; and WHEREAS, the City Council of Eden Prairie reviewed the Record of Decision on the Environmental Assessment Worksheet for the Presbyterian Homes Eden Prairie Redevelopment on November 13, 2007. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, that an Environmental Impact Statement is not necessary for the Presbyterian Homes Eden Prairie Redevelopment because the project is not a major action, does not have significant environmental effects, and is not of more than local significance. ADOPTED by the City Council of the City of Eden Prairie this 13th day of November, 2007. ________________________ Phil Young, Mayor ATTEST: _______________________ Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Senior Planner DATE: October 5, 2007 PROJECT: Presbyterian Homes Eden Prairie Redevelopment Environmental Assessment Worksheet (EAW) LOCATION: Southwest of Prairie Center Drive, east of Columbine Road and west of T.H 212 APPLICANT: Presbyterian Homes and Services, and 605 Prairie Center Drive LLC 30-DAY COMMENT PERIOD ENDS: October 24, 2007 REQUEST: • Environmental Assessment Worksheet Review Staff Report – Presbyterian Homes Eden Prairie Redevelopment EAW October 5, 2007 Page 2 BACKGROUND Presbyterian Homes and Services, and 605 Prairie Center Drive LLC are proposing a redevelopment of a 22 acre site consisting of the Broadmoor Apartments, Castle Ridge Care Center, and two contiguous vacant sites. The project will be developed in three phases. The total project includes: • 707 housing units (all age, senior, affordable senior, assisted living, and memory care) • 70,000 square feet of commercial, including two restaurants • 1,497 parking spaces • The vacation of Castlemoor Drive right-of-way The site is currently guided High Density Residential and Regional Commercial, and consists of 233 unit apartment and a 71 unit senior care center. ENVIRONMENTAL REVIEW REQUIREMENTS There are criteria established in the environmental review rules that make an Environmental Assessment Worksheet (EAW) or an Environmental Impact Statement (EIS) mandatory for many types of projects. These criteria are called “mandatory thresholds” and are listed in MN Rule 4410.4300 and 4410.4400. This project does exceed the mandatory EAW threshold for mixed use residential and commercial projects threshold of 1.0. The mixed use threshold is a ratio of the of proposed commercial square footage (70,000 sq. ft.) divided by the commercial threshold of 300,000 square feet plus the proposed number of housing units (707) divided by the residential threshold of 375 units. The ratio based on a mandatory EAW is 2.1. This project does not exceed the mandatory EIS threshold for mixed use residential and commercial projects threshold of 1.0. The mixed use threshold is a ratio of the of proposed commercial square footage (70,000 sq. ft.) divided by the commercial threshold of 750,000 sq. ft. plus the proposed number of housing units (707) divided by the residential threshold of 1,500 units. The ratio based on a mandatory EIS is 0.56. EAW PROCESS The EAW document is prepared by a consultant under the direction of the Regulatory Governmental Unit (RGU) which is the City of Eden Prairie. City staff reviews the document for accuracy and completeness of the answers to the questions contained in the document. A staff person certifies that the document is accurate and complete. After certification the document is sent to the Minnesota Environmental Quality Board (EQB) for publication in the EQB Monitor (newspaper for EQB). The EQB document is sent to a list of agencies as required by statute including but not limited to the DNR, MnDOT, EPA, US Fish and Wildlife. Staff Report – Presbyterian Homes Eden Prairie Redevelopment EAW October 5, 2007 Page 3 From the date of publication there is a 30-day period to receive written comments from the required agencies or other interested parties. This review period began on September 24, 2007 and expires on October 24, 2007. The written comments are to address the accuracy and completeness of the material contained in the EAW, potential impacts that warrant further investigation before the project is commenced, and the need for an Environmental Impact Statement (EIS) on the proposed project. At the end of the comment period, the RGU has 30 days to take action on the EAW. A public meeting held by the RGU is optional but must occur within the 30-day comment period. PLANNING COMMISSION ROLE • Conduct a public meeting and accept written and oral comment to be entered in to the record. • Review the EAW and determine if it is complete and accurate. • Identify potential impacts. • Identify mitigation plans. • Identify potential impacts that warrant further investigation before the project is commenced. COMPLETENESS AND ACCURACY The staff has determined that the document is accurate and complete in regards to answering the questions. The EAW will be revised to define the findings of the traffic study into the document. POTENTIAL IMPACTS The potential impacts are: Erosion and Sedimentation Control Traffic Compatibility with Plans and Land Use Regulations MITIGATION PLANS Erosion and Sedimentation Control – Compliance with Best Management Practices; compliance with NPDES/SDS General Permit requirements of the MPCA; and preparation of a SWPP plan. Traffic – The Major Center Area traffic study provides a framework for re-development in the Major Center Area and identifies the necessary transportation improvements to accommodate the anticipated re-development. The traffic generating characteristics of the proposed Presbyterian Homes re-development are slightly less than what was anticipated in the Major Center Area study for the affected parcels. As a result no additional major transportation improvements are identified with the Presbyterian Homes re-development. Due to its overall size and near term Staff Report – Presbyterian Homes Eden Prairie Redevelopment EAW October 5, 2007 Page 4 construction, the Presbyterian Homes re-development may accelerate the need for several transportation improvements identified in the Major Center Area Study. However, none of the improvements are directly linked to or the responsibility of the proposed re-development. As additional redevelopment occurs transportation improvements in the Major Center Area will continue to be monitored and implemented on an area-wide basis dependent on the actual size, location, and timing of re-development throughout the Major Center Area. Compatibility with Plans and Land Use Regulations – Provide the FAA with Notice of Proposed Construction or Alteration form (7460-1) to evaluate the potential for permanent or temporary objects to affect navigable airspace. FURTHER INVESTIGATION Staff recommends no further investigation of environmental impacts. STAFF RECOMMENDATIONS Motion: Move to accept the EAW document as accurate and complete, that the environmental impacts have been identified and mitigated, and that no further investigation of environmental impacts is needed. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: November 13, 2007 DEPARTMENT/DIVISION: Rod Rue Public Works / Engineering ITEM DESCRIPTION: I.C. 02-5586 Approve Change Order No. 1 for the Reconstruction of Valley View Road ITEM NO.: VIII.D. Requested Action Move to: Approve Change Order No. 1 for the reconstruction of Valley View Road, in the amount of $16,389.69. Synopsis This Change Order deals with the inclusion and negotiated unit price for recycled aggregate base (class 7) material. Due to the quality of the recycled bituminous material on the project site, we utilized this recycled aggregate base (class 7) material as a substitute for a portion of the aggregate base (class 5) material in the roadway and trail area. This results in a 40% reduction in the aggregate base cost where the recycled material is used, for a net savings of approximately $10,000. In addition, the Change Order adds the cost of temporary striping for the roadway. The temporary striping will be in place until next summer when the final lift of bituminous will be placed. These striping items were not included in the bid proposal for the project. Background Information This project upgrades the existing rural section of Valley View Road (between Flying Cloud Drive and Golden Triangle Drive) to an urban two-lane section with a new creek crossing. The project also includes a new trail section and provides a missing section of trunk watermain. The project is substantially complete, with the final lift of bituminous planned for next year. Attachments • Change Order No. 1 Change Order No. 1 Date of Issuance: October 25, 2007 Effective Date: November 13, 2007 Project: Reconstruction of Valley View Road Owner: Owner's Contract No.: City of Eden Prairie I.C. No. 02 -5586 Date of Contract: Contract: Street and Utility Contractor: April 20,2007 Engineer's Project No.: A-EDENP0301.02 Minger Construction, Inc The Contract Documents are modified as follows upon execution of this Change Order: Description: 1. Add the following items to the project contract. Item No. Item Description Unit Unit Price Est. Quantity Amount 2211.501 AGGREGATE BASE, CLASS 7 * TON $7.77 1,897 $14,739.69 2582.501 PAVEMENT MESSAGE (RT ARROW) — PAINT EACH $55.00 1 $55.00 2582.502 4" SOLID LINE WHITE—PAINT LF $1.10 110 $121.00 2582.502 4" DOUBLE SOLID LINE YELLOW — PAINT LF $0.55 1,800 $990.00 2582.502 12" SOLID LINE YELLOW — PAINT LF $1.65 160 $264.00 2021.501 MOBILIZATION** LS $220.00 1 $220.00 TOTAL ADD CHANGE ORDER NO. 1 $ 16,389.69 TOTAL NET COST CHANGE ORDER NO. 1 $ 16,389.69 *The Contractor has requested to place an estimated 1,897 TN of aggregate base, class 7 in select locations of the street and the bituminous bike/ped typical sections instead of aggregate base, class 5, with agreement from the owner's project manager. The agreed upon unit price for the aggregate base class 7 will be 60% of the $12.95 contract unit price for "10 inch aggregate base, class 5 (100% crushed quarry rock) — roads". With the substitution of aggregate base, class 7 for a portion of the specified aggregate base, class 5, the contract estimated quantity for the "10 inch aggregate base, class 5 (100% crushed quarry rock) — roads" and "5 inch aggregate base, class 5 (100% crushed quarry rock) — trails" items will be reduced by the amount of aggregate base, class 7 used. ** Add $220.00 to the contract mobilization amount. This number is based on the quote for the temporary striping (see attachment). Attachments (list documents sunnortine chance): 1. The attached quote lists the unit prices requested for the temporary striping. The individual items are listed in the Add table above. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contact Times: 0 Working days 0 Calendar days Substantial completion (days or date): Ready for final payment (days or date): [Increase] [Decrease] from previously approved Change Orders No. to No. Substantial completion (days): Ready for final payment (days): Contract Times prior to this Change Order: Substantial completion (days or date): Original Contract Price: $1,115,408.20 [Increase] [Decrease] from previously approved Change Orders No. to No. $0.00 Contract Price prior to this Change Order: EJCDC No. C-941 (2002 Edition) Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. Page 1 of 2 $1 131 797 89 RECOMMENDED By: (6144\ Enginee (Authoritd Signature) ACCEPTED: By: Owner (Authorized Signature) $1,115,408.20 Ready for final payment (days or date): Date: Increase of this Change Order: $16,389.69 Contract Price incorporating this Change Order: Date: it Approved by Funding Agency (if applicable): [Increase] [Decrease] of this Change Order: Substantial completion (days or date): Ready for final payment (days or date): Contract Times with all approved Change Orders: Substantial completion (days or date): Ready for final payment (days or date): Date: Date: EJCDC No. C-941 (2002 Edition) Page 2 of 2 Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. 10/10/2007 WED 13:13 FAX 952+368+9311 MINGER CONSTRUCTION z 001 /001 lEant P.O. BOX 236 CHANHASSEN, MN 55317 PHONE: 952-368-9200 FAX: 952-368-9311 FAX To: SEH Fax: 052-912-2601 Prom: LUKE MINGER Date: 10 -10 -07 Re: VALLEY VIEW RD. EDEN PRAIRIE, MN Attn: CARTER Pages 1 0 Urgent 0 For review 0 Please comment 0 Please reply [7.1 Please recycle Carter, I have received numbers to put down paint striping until wear course. Safety Signs is the low bidder and can either do this by the end of this week or a week from next Monday. So it would be nicer to get it done right away so we will not have to sweep the street. Here is the estimate. 1. Mobilization LS -- 2. Right Arrow EA 3. 4" Solid White LF 4. 4" Dbl Solid Yellow LF 5, 12" Solid Yellow LF Total J. 1 110 1,800 160 $220.00 $ 55.00 $ 1.10 $ 0.55 $ 1.65 $220.00 $ 55.00 $121.00 $990.00 $264.00 $2.12.04.0 Let me know if you have any questions. Luke Minger CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: November 13, 2007 DEPARTMENT/DIVISION: Randy Newton Public Works / Engineering ITEM DESCRIPTION: #07-5708 Approve Professional Services Agreement with SEH for the Design of the Flying Cloud Drive Improvements ITEM NO.: VIII.E. Requested Action Move to: Approve Professional Services Agreement with SEH for the Design of the Flying Cloud Drive Improvements. Synopsis The Liberty Plaza Developer Agreement includes a Special Assessment Agreement for the Flying Cloud Drive Improvements. The City has received the Special Assessment Agreement from Liberty Property and is ready to move forward with the project. Background Information The planned improvements to Flying Cloud Drive include constructing Flying Cloud Drive as a 3-lane roadway from south of Shady Oak Road to the south end of the Liberty Plaza campus (near the dog park). 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 feasibility of constructing the north end of the trail will be reviewed during the design of the project and may removed depending on its cost and right-of-way impact. The improvements to Flying Cloud Drive are a requirement of the Liberty Plaza Developer’s Agreement. The improvements are needed to accommodate the proposed Liberty Plaza development and the future re-development to the southern portion of the Liberty Plaza site. Financial Implications The Professional Services Agreement with SEH has an estimated cost of $141,763. The preliminary construction cost estimate for the project is $1.3 million. The developer, on an assessment basis, is responsible for these and all other costs associated with the project with the exception of additional right-of-way for the proposed trail. Attachments • Professional Services Agreement • SEH proposal Letter Standard Agreement for Professional Services This Agreement is made on the 13 -1 day of November, 2007, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Short Elliott Hendrickson (SEH) , a Minnesota consulting firm (hereinafter "Consultant") whose business address is 10901 Red Circle Drive, Suite 200, Minnetonka, MN 55343. 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 Reconstruction of Flying Cloud Drive Design and Bidding Phase Services, hereinafter referred to as the "Work". The City and Consultant agree as follows: 1 Scope of Work/Proposal. 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 November 13 2007 through June 27, 2008, 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 $141,763 for the services as described in Exhibit A. 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 per form 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 1 public and private lands or property as required for the Consultant to perform such services necessary to corn plete 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 Paul J. Pasko III, P.E. and Aaron Ditzler, P.E. 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. 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 lik e kind. 2 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. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 3 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 provisi ons 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 Agreem ent. 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 Employer's Liability $500,000 each accident 4 Commercial Liability $500,000 disease policy limit $500,000 disease each employee $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 waiv er 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 City prior to the start of Consultant's Work. Such documents evidencing Insurance 5 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. 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. 24. 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. 25. Governing Law. This Agreement shall be controlled by the laws of the State of M innesota. 26. 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. 27. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and yea r first written above. CITY OF EDEN PRAIRIE City Manager --2.f. Its: • Oka ID 7 ii SEH EXHIBIT A October 26, 2007 RE: Eden Prairie, MN November 2, 2007 (Revised) Reconstruction of Eying Cloud Drive Design and Bidding Phase Services SEH No. PEDENP0802.00 10.00 Randy Newton, PE, PTOE Traffic Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mr. Newton: Short Elliott Hendrickson Inc. (SEH) thanks you for the opportunity to assist the City of Eden Prairie (City) with the referenced project, For your reference, we have enclosed a location map for the limits of the project labeled Drawing No. 1. We will provide the services to the City as outlined in the enclosed Task Hour Budget (THB) within the project area for a not-to-exceed fee of $141,763. Based on the meeting discussion at City Hall on October 15, 2007, the footnotes at the end of the THB contain our key assumptions regarding the scope of our work. Our not-to-exceed fee includes reimbursable expenses. We will bill you monthly on an hourly basis for our labor and reimbursable expenses. We will only proceed with additional work following your authorization. Work shall be done in accordance with the City's Standard Agreement For Professional Services (Agreement). A copy of this document has been enclosed. Upon receiving authorization to proceed, we will immediately commence work on the project. We estimate the project will adhere to the following schedule: DATE ACTIVITY/TASK November 13, 2007 Notice to Proceed November 20, 2007 Meeting with Private Utilities December 13, 2007 First Design Iteration Review Meeting January 11, 2008 Second Design Iteration Review Meeting January I 8, 2008 Drawings and Legal Descriptions for ROW/Easement Acquisition Complete February 15, 2008 Final Design Review Meeting with City and Developer April 16, 2008 Watershed Approves Project Short Elliott Hendrickson Inc., 10901 Red Circle Drive, Suite 200, Minnetonka, MN 55343-9301 SEH is an equal opportunity employer www.sehinc.com I 952.912.2600 I 800734.6757 I 952.912.2601 fax Randy Newton, PE, PTOE October 26, 2007 November 2, 2007 (Revised) Page 2 DATE ACTIVITY/TASK April 17, 2008 Ad for Bids to Local Newspaper April 21, 2008 Ad for Bids to Construction Bulletin April 25, 2008 Plan Preparation Complete/Bid Documents online May 15, 2008 Open Bids June 3, 2008 City Council Awards Project The Agreement, Exhibit A, Drawing No. 1, and the THB represent the entire understanding between the City and us with regards to the project. We are looking forward to assisting the City with design and bidding phase services for this project. If this letter satisfactorily defines our role in this project, please sign and date both letters and return one to me at the address shown on this letterhead. In the meantime, please contact me at 952.912.2611 or ppasko@sehinc.com with questions or comments. Sincerely, SHORT ELLIOTT HENDRICKSON INC. 4‘,"5/60eie Paul J. Pasko III, PE Project Manager Accepted this day of , 2007 By the City of Eden Prairie Phil Young, Mayor Scott Neal, City Manager atd Enclosure c: Dave Halter, SEH (with all enclosures) Erin Krueger, SEH (with Exhibit A and TUB) Wayne Wambold, SEH (with Exhibit A and THB) Al Horge, SEH (with Exhibit A and THB) Bryan Tolcser, SEH (with Exhibit A and THB) Sue Tarasar, Sunde Land Surveying (with Exhibit A and THB) pAaeleledenp108020011genR1 0-contract WevisedIrcd proposal lir2.doc -E11 TASK HOUR BUDGET CITY OF EDEN PRAIRIE RECONSTRUCTION OF FLYING CLOUD DRIVE (1) (63) (78) DESIGN AND BIDDING PHASE SERVICES October 26, 2007 November 2, 2007 (Revised) ESTIMATED HOURS ESTIMATED COST PROJECT TASKS CLIENT SERVICE MANAGER PROJECT MANAGER SENIOR GEOTECH ENGINEER WATER RESOURCES SENIOR TRANSPORTATION ENGINEER TRANSPORTATION ENGINEER SCIENTIST PROJECT ENGINEER STAFF ENGINEER STAFF ENGINEER LEAD TECH SENIOR CREW CHIEF SURVEY INSTRUMENT OPERATOR ADMIN TECH 1.0 DATA COLLECTION 1.1 Gopher State One Call 4 1.2 Base Mapping 1.2.1 Private Utilities 1.2.1.1 Collect Mapping 4 1.2.1.2 Add to Base Sheet (2) 1 4 1.2.2 Public Utilities _ 1.2.2.1 Collect Mapping 1.2.2.2 Add to Base Sheet (3) 1 4 1.2.3 Liberty Properties Improvements (LPI) 1.2.3.1 Collect Mapping (4) 1.2.3.1.1 Right-of-Way 1 4 1.2.3.1.2 Roadway Geometries including Proposed Parking Lots and Entrances - North of 70th Street (5) 1 1.2.3.1.3 Roadway Geometries including Proposed Parking Lots and Entrances - South of 70th Street (6) _ 1 1.2.3.1.4 Grading Plan 1 1.2.3.1.5 Building Pads 1 1.2.3.1.6 Utilities 1 1.2.3.2 Add to Base Sheet (7) (8)- 4 1.2.4 Aerial Mapping (9) 1 2 1.2.5 Orthometric and Planimetric M .. n: (4-0)—(79) 1 1.5 4 1 1 1.3 Collect LPI & Mn/DOT Geotechnical Data (10) 2 1.4 Collect current and future traffic counts from City (80) 2 2 1.5 Collect Pond "C" design data and calculations from City/Westwood Professional Services (83) 1 1 1.6 Wetland Delineation (11) 2 1.6.1 Verify Prior Wetland Delineation Limits 6 1.6.2 Wetland Delineation Report 8 1.6.3 Survey Wetland Boundary 8 1.6.4 Add Wetland Boundary to Base Map 1.7 Topographic Survey 1.7.1 Horizontal and Vertical Control (64) 1 1 8 9 1.7.2 Route Survey 1.7.2.1 Flying Cloud Drive 1 2 27 30 1.8 Tree Survey 1.8.1 Significant Trees (12) 1.8.1.1 Identify Tree 3 Page 1 of 9 ESTIMATED HOURS ESTIMATED COST PROJECT TASKS CLIENT SERVICE MANAGER PROJECT MANAGER SENIOR GEOTECH ENGINEER WATER RESOURCE, SENIOR TRANSPORTATION ENGINEER TRANSPORTATION ENGINEER SCIENTIST PROJECT ENGINEER STAFF ENGINEER STAFF ENGINEER LEAD TECH SENIOR CREW CHIEF SURVEY INSTRUMENT OPERATOR ADMIN TECH 1.8.1.2 Locate Tree 3 1.9 Geotechnical Investigation (13) 1.9.1 Define Soil Boring and Sampling Program (14) 8 2 1 1.9.2 Coordination of Soils Testing (15) 12.5 2.0 GEOTECHNICAL EVALUATION 2.1 Develop soil st at graphy/profile 3 2.2 Assess trench excavation and backfill 1.5 2.3 Assess road subgrade (including intermixing of trench baelcfill soils) (17) 2 2.4 Assess embankment stability / soil correction (68) 16 2.5 Estimate infiltration rates into the soils beneath the proposed stormwater runoff treatment ponds (16) 2 2 2.6 First Design Iteration (18) (22) (69) 2.6.1 Evaluate roadway typical sections _ 1 6 2.6.2 Evaluate utilizing existing pavement (70) $ 2.6.3 Assess impacts of existing concrete pavement (19) 2 2.6.4 Estimate locations for retaining walls and develop preliminary layout (20) (21) 1 8 10 2.6.5 Draft Geotechnical Technical Memorandum 8 2.7 Second Design Iteration (22) (23) (69) 2.7.1 Evaluate roadway typical sections 4 2.7.2 Evaluate utilizing existing pavement (70) 4 2.7.3 Assess impacts of existing concrete pavement (19) 2 2.7.4 Estimate locations for retaining walls and develop preliminary layout (20) (21) 5 8 2.7.5 Evaluate and design alternative soil corrcctlon methods (71) 0 2.7.6 Final Geotechnical Technical Memorandum 10 2.8 Final retaining wall design, details, and plan development 10 16 Soil correction details and plan development (71) 3.0 SCHEMATIC DESIGN 3.1 First Design Iteration (18) (22) (69) 3.1.1 Roadway 3.1.1.1 Create horizontal alignment (24) 2 4 12 3.1.1.2 Create vertical profile (24) 2 4 10 3.1.1.3 Identify and Evaluate LPI entrance locations (25) (65) (67) 4 2 3.1.1.4 Identify and Evaluate turning lanes (25) 1 4 2 4 3.1.2 Trails and sidewalks 3.1.2.1 Create horizontal alignment 2 2 3.1.3 Stormwater Management (35)(36) 3.1.3.1 Storm sewer (29) 3.1.3.1.1 Prepare drainage area map 16 1 4 3.1.3.1.2 Evaluate existing storm sewer (82) _ I 4 313.1.3 Develop storm sewer network (26) (27) 2 8 3.1.3.2 Stormwater runoff treatment ponds 3.1.3.2.1 Estimate the size of detention pond "C" (30) (31) (32) (33) (66) 10 4 4 Page 2 of 9 ESTIMATED HOURS ESTIMATED COST PROJECT TASKS CLIENT SERVICE MANAGER PROJECT MANAGER SENIOR GEOTECH ENGINEER WATER RESOURCES SENIOR TRANSPORTATION ENGINEER TRANSPORTATION ENGINEER SCIENTIST PROJECT ENGINEER STAFF ENGINEER STAFF ENGINEER LEAD TECH SENIOR CREW CHIEF SURVEY INSTRUMENT OPERATOR ADMIN TECH 3.1.3.2.2 Estimate the size of the detention pond including the east / west segment to the south and east of pond "C" (30) (31) (32) (66) 2 3.1.4 Public Utilities (37) (38) 3.1.4.1 Watetmain (39) (73) 3.1.4.1.1 Horizontal and Vertical Alignment North of 70th Street to Parcel 01-116-22-34-0018 within FCD ROW 1 4 3.1.4.1.2 Identify and locate stub for future connection to LPI (25) (74) 1 2 3.1.4.2 Sanitary Sewer (72) (73) 3.1.4.2.1 Identify and locate stub for future connection to LPI (25) (74) 1 2 1 3.1.5 Not Used 3.1.6 Create cross-sections to determine grading limits (40) 1 2 8 3.1.7 Investigate Right-of-Way / Easements Acquisition (77) 1 4 8 4 3.1.8 Construction Staging Concept (75) 3 12 3.1.8.1 Prepare drawing showing staging recommendation 4 4 3.1.9 Opinion of Probable Cost 3.1.9.1 Utilizing Existing Pavement 4 2 16 3.1.9.2 Not Utilizing Existing Pavement 2 16 3.1.10 Deliverables 3.1.10.1 Prepare typical section drawing (41) _ 2 4 3.1.10.2 Prepare cross-section drawings (42) 4 4 3.1.10.3 Prepare conceptual plan/profile drawings (43) (44) 12 4 16 3.2 Second Design Iteration (23) (22) 3.2.1 Roadway 3.2.1.1 Revise horizontal alignment (24) 1 1 4 3.2.1.2 Revise vertical profile (24) 1 1 4 3.2.1.3 Revise LPI entrance locations (25) (65) (67) 1 3.2.2 Trails and sidewalks 3.2.2.1 Revise horizontal alignment 1 3.2.3 Stormwater Management (35) (36) 3.2.3.1 Storm sewer (29) 3.2.3.1.1 Revise storm sewer network (26) (27) 3.2.3.2 Stormwater runoff treatment ponds 3.2.3.2.1 Revise the size of detention pond "C" (30) (31) (32) (33) (66) 10 4 4 3.2.3.2.2 Revise the size of the detention pond including the east! west segment to the south and east of pond "C" (30) (31) (32) (66) 4 3.2.3.2.3 Nurp pond "C" size memo (83) 2 1 3.2.4 Public Utilities (37) (38) 324.1 Watermain (39) (73) 3.2.4.1.1 Revise Horizontal and Vertical Alignment North of 70th Street to Project Limits 1 1 Page 3 of 9 ESTIMATED HOURS ESTIMATED COST PROJECT TASKS CLIENT SERVICE MANAGER PROJECT MANAGER SENIOR GEOTECH ENGINEER WATER RESOURCES SENIOR TRANSPORTATION ENGINEER TRANSPORTATION ENGINEER SCIENTIST PROJECT ENGINEER STAFF ENGINEER STAFF ENGINEER LEAD TECH SENIOR CREW CHIEF SURVEY INSTRUMENT OPERATOR ADM1N TECH 3.2.4.1.2 Revise stub locations for future connection to LPI (25) (74) 1 3.2.4.2 Sanitary Sewer (72) (73) 3.2.4.2.1 Revise stub locations for future connection to LPI (25) (74) 1 3.2.5 Not Used 3.2.6 Revise cross-sections to determine grading limits (40) 1 2 8 3.2.7 Investigate Right-of-Way / Easements Acquisition 1 4 3.2.8 Revise Construction Sta!ing Concept (75) 1 4 3.2.8.1 Revise drawing showing staging recommendation 1 2 2 3.2.9 Revise Opinion of Probable Cost 3.2.9.1 Utilizing Existing Pavement 2 2 4 3.2.9.2 Not Utilizing Existing Pavement 2 4 3.2.10 Deliverables 3.2.10.1 Prepare typical section drawing (41) 1 1 3.2.10.2 Prepare cross-section drawings (42) 1 2 3.2.10.3 Prepare conceptual plan/profile drawings (43) (44) 2 4 4.0 BID DOCUMENT PREPARATION (44) 4.1 Plans 4.1.1 Easements/ROW Acquisition (45) (46) (76) 4.1.1.1 Parcel 01-116-22-34-0011 4.1.1.1.1 Prepare drawing showing needed easement/ROW (77} 1 1 2 4.1.1.1.2 Prepare legal description of needed easements/ROW (48) _ 2 4.1 1 2 Parcel 01-116-22-34-0012 4.1.1.2.1 Prepare drawing showing needed easement/ROW (77) 1 1 2 4.1.1.2.2 Prepare legal description of needed easements/ROW (48) 2 4.1.1.3 Parcel 01-116-22-34-0017 4.1.1.3.1 Prepare drawing showing needed easement/ROW (77) 1 1 2 4.1.1.3.2 Prepare legal description of needed easements/ROW (48) 2 4.1.1.4 Parcel 01-116-22-34-0018 4.1.1.4.1 Prepare drawing showing needed easement/ROW (77) 1 2 4.1.1.4.2 Prepare legal description of needed easements/ROW (48) 2 4.1.1.5 Parcel 01-116-22-34-0019 _ 4.1.1.5.1 Prepare drawing showing needed easement/ROW 1 1 2 4.1.1.5.2 Prepare legal description of needed easements/ROW (48) 2 4.1.2 Title Sheet 1 2 4.1.3 Tabulation sheet (49) 2 16 4.1.4 Detail sheet 4.1.4.1 Typical sections 1 3 Page 4 of 9 ESTIMATED HOURS ESTIMATED COST PROJECT TASKS CLIENT SERVICE MANAGER PROJECT MANAGER SENIOR E GE G 0 I T N E E C E FI R N WATER RESOURCES SENIOR TRANSPORTATION ENGINEER TRANSPORTATION ENGINEER SCIENTIST PROJECT ENGINEER STAFF ENGINEER STAFF ENGINEER LEAD TECH SENIOR CREW CHIEF SURVEY INSTRUMENT OPERATOR ADMIN TECH 4.1.4.2 Utility 1 1 3 4.1.4.3 Roadway 3 4.1.4.4 Erosion control 4 1 6 4.1.4.5 Pond Grading Plan Sheet 24 4.1.5 Removal sheet 1 8 4.1.6 Plan and profile sheets 4.1.6.1 Street and Sanitary Sewer (81) 1 2 16 2 4.1.6.2 Storm Sewer and Water Main (28) 2 16 2 4.1.7 Restoration (50) 0.5 4 4.1.8 Erosion control (50) 0.5 4 4.1.9 Landscape (51) 1 0.5 4 4.1.10 Wetland mitigation (52) (53) (54) 4.1.10.1 Provide City with amount of pennanent and temporary wetland impacts 1 4 1 4.1.11 Signing and striping 4 24 2 4 4.1.12 Temporary Access Plan 1 4 16 2 8 4.1.13 Cross sections 1 2 8 4.2 Project Manual 4.2.1 Front end (55) 4 2 4.2.2 Special Conditions 4.2.2.1 Civil 4 6 10 4 16 4.2.2.2 Prepare signing, striping, and traffic control specifications. 2 8 1 2 1 2 4.2.2.3 Geotechnical 8 1 2 1 2 4.2.3 Proposal Form 1 2 4 2 4.2.4 Form of contract 2 1 2 4.2.5 Performance Bond 0 0 4.2.6 Payment Bond 4.2.7 Soils Borings 1 4.3 Opinion of Probable Cost 4.3.1 Quantity Calculations 4.3.1.1 Water Main 0.5 4.3.1.2 Storm Sewer 0.5 4.3.1.3 Sanitary Sewer 0.5 4.3.1.4 Roadway 6 0.5 4.3.1.4.1 Earthwork 2 0.5 4.3.1.4.2 Curb & gutter and paving 0.5 4.3.2 Opinion of Probable Cost 4.3.2.1 Water Main 0.5 1 4.3.2.2 Storm Sewer 0.5 1 4.3.2.3 Sanitary Sewer _ 0.5 1 4.3.2.4 Roadway 8 0.5 1 4.3.2.5 Stormwater Management BMPs 4 5.0 MEETINGS 5.1 City and Liberty Properties (56) (57) 5.1.1 First Design Iteration 1 2 3 4 6 1 5.1.2 Second Design Iteration 2 3 2 2 5.1.3 90% Design Rev ew 1 2 2 2 3 5.1.4 Final Design Review 5.2 Mn/DOT Page 5 of 9 ESTIMATED HOURS ESTIMATED COST PROJECT TASKS CLIENT mAS E RN AV GCEE R PROJECT MANAGER SENIOR GEOTECH ENGINEER WATER RESOURCES TRAN SPORTATION SENIOR ENGINEER TRANSPORTATION ENGINEER SCIENTIST PROJECT ENGINEER STAFF ENGINEER STAFF ENGINEER LEAD TECH SENIOR CREW CHIEF SURVEY INSTRUMENT OPERATOR ADMIN TECH 5.2.1 First Design Iteration 2 4 6 1 5.2.2 Second Design Iteration 5.2.3 90% Design Review 1 _ 2 2 3 1 Final Design Review 5.3 Nine Mile Creek Watershed District 5.3.1 Wetland Boundary Limits 3 2 4 4 5.3.2 50% Design Review 2 3 4 5.4 Private Utilities 5.1.1 Power 5.4.1.1 Following Base Map Preparation 2 2 5.4.1.2 90% Design Review 2 2 5.4.2 Fiber Optic 5.1.2.1 Following Base Map Preparation 5.1.1 .1 50% Design Review 441,3 Telephone 5.1.3.1 Following-Base Map Preparation 5.4.3.2 50% Design Review 6.0 PERMITS (58) 6.1 Mn/DOT (59) 6.1.1 Survey 6.1.2 Bid Documents 2 4 6.2 Nine Mile Creek Watershed District 24 10 4 6.3 NPDES Permit and SWPPP 8 2 2 6.4 Prepare Permit Applications (61) 4 , 30 2 6.5 Agency coordination 1 4 8 4 4 6.6 Water Main Extension Permit _ 2 2 6.7 Sanitary Sewer Permit 2 2 64. Provide City with amount of permanent and 7.0 BIDDING ASSISTANCE 7.1 On-line Bidding Document Preparation 4 7.2 Ad for Bids 1 2 7.3 Pre-Bid Meeting 2 4 6 7.4 Respond to Bid Inquires 2 2 7.5 Addendums 1 1 3 I 7.6 Bid Opening 1 2 2 2 7.7 Prepare Tabulation of Bids 1 2 7.8 Prepare and Send Bid Documents to Bidders 1 12 Page 6 of 9 CLIENT SERVICE MANAGER PROJECT SENIOR GEOTECH ENGINEER WATER RESOURCE. SENIOR TRANSPORTATION ENGINEER TRANSPORTATION ENGINEER SCIENTIST PROJECT STAFF ENGINEER STAFF ENGINEER LEAD D TECH SENIOR CREW CHIEF SURVEY INSTRUMENT OPERATOR ADMIN TECH ESTIMATED COST PROJECT COST SUMMARY 1.0 DATA COLLECTION Subtotal Hours 4 22 5 2 _ 28 12 25 3 35 39 9 184 Subtotal Labor Cost $600 $2,869 $489 $308 $1,905 $1,255 $2,552 $339 $3,605 $3,206 $765 $17,894 Subtotal Expenses (62) $1,188 Subtotal Expenses (79) _ Subtotal $19,082 2.0 GEOTECHNICAL EVALUATION Subtotal Hours 2 89 2 34 127 Subtotal Labor Cost $300 $11,541 $196 $3,470 $15,507 Subtotal Expenses (62) $78 Subtotal $15,585 3.0 SCHEMATIC DESIGN Subtotal Hours 12 60 12 16 71 180 5 356 Subtotal Labor Cost $1,799 $5,868 $1,848 $1,830 $7,425 $18,371 $431 $37,572 Subtotal Expenses (62) $413 Subtotal $37,985 4.0 BID DOCUMENT PREPARATION (44) Subtotal Hours 16 22 40 10 _ 48 4 31 141 30 26 368 Subtotal Labor Cost $2,399 $2,869 $3,912 $1,540 $5,489 $272 $3,190 $14,390 $2,585 $2,211 $38,857 Subtotal Expenses (62) $1,340 Subtotal Subconsultant Expenses (48) $3,080 Subtotal $43,277 5.0 MEETINGS Subtotal Hours 3 16 14 6 18 28 4 89 Subtotal Labor Cost $538 $2,399 $1,369 $408 $1,882 $2,858 $340 $9,795 Subtotal Expenses (62) $118 Subtotal $9,913 6.0 PERMITS (58) Subtotal Hours 1 40 48 4 16 8 4 121 Subtotal Labor Cost $150 $3,912 $3,266 $418 $1,633 $689 $340 $10,409 Subtotal Expenses (62) $127 Subtotal - $10,536 7.0 BIDDING ASSISTANCE Subtotal Hours 1 7 9 14 21 52 Subtotal Labor Cost $179 $1,050 $941 $1,429 $1,786 $5,385 Subtotal Expenses (62) Subtotal $5,385 TOTAL COST ASSOCIATED WITH THIS PROPOSAL: $141,763 PSAE ENEdenp \ 080200 \ 1GenMO-contractRevised \[PCD EP THB.xls]Hours-Coto NOTES I Based on the project limits shown in proposal "Drawing No. 1" 2 Includes time for adding as-builts from utility companies into base file (i.e.: gas, electric, telephone, fiber optic, etc...). Includes time for adding as-builts into base file (i.e.: storm sewer, sanitary sewer, and watennain). 4 Westwood Professional Services will provide electronic (suitable for insertion into CADD drawings) and paper copies of the latest plats of survey; plan drawings for sanitary and storm sewer, water main; and site or roadway grading plans for the Liberty Property Improvements (LPI). Page 7 of 9 5 From the Liberty Plaza Drawings titled "City PUD & Site Plan Review' dated 02/09/07, sheets 1 through 21. 8 From the Master Plan Liberty Plaza Drawing titled "PUD Site Plan" dated 02/09/07, sheet 7 of 14. Includes translating the electronic base file drawings from AutoCAD to Microstation. 8 Does not include translating the paper copies into CADD files. Not Used. For the purposes of defining the limits of the existing concrete pavement referenced in section 2.7.3 I° City will provide SEH with the data, including any available traffic studies and/or forecasts . 11 Design phase services are based on draft wetland boundaries established in October 2007 and reviewed in the field by staff from the City and Barr Engineering in October 2007. 12 Significant trees are defined as "Any deciduous hardwood tree (except elm, willow, box elder and aspen) measuring 12 inches in diameter or greater, or a coniferous tree measuring 8 incIses in diameter or greater." 13 The cost for drilling and testing is not included in this proposal. Braun Intertec will contract directly with the City for their services. '4 SEH will prepare one (I) drilling and testing request for proposal for Braun Intertec and review the scope of work with City staff. Two-phase drilling program is not included. 13 SEH will stake borings in the field, coordinate drilling and testing, perform review of soil samples, and assign laboratory testing. 18 Borings only taken in proposed storm water runoff treatment pond "C" location from the LPI drawings referenced in Note 5. 17 According to EP Detail R-1 and assuming FCD is a Commercial Road, we assumed a typical minimum section of 2" MVWE45035B, 4" MVNW35035B, with 10" Aggregate Base, CL 5 18 Assumes the proposed concrete curb and gutter toe matches the existing FCD west edge of pavement 18 Based on the aerial mapping provided from the City as referenced in Section 1.2.4 25 Based on FCD's conceptual horizontal and vertical alignments, we will estimate the height and length of retaining wall profiles if measures are necessary to minimize adjacent property impacts along the length of FCD 21 Preliminary roadway alignments show retaining walls may be needed at for trail construction between Shady Oak Road and PM 01-116-22-34-0018 and adjacent to the existing chain link fence at the tennis courts and ball field. 2' Assumes a 50% level design 23 Assumes the proposed concrete curb and gutter toe does not match the existing FCD west edge of pavement 24 Shall meet a 30 KPH design speed 25 Based on the drawings as referenced in Task 1.2.3 28 The network will utilize "rule of thumb" guidelines for catch basin spacing 23 Rather than prepare detail storm water runoff volume computations, we will increase the size of trunk stonn sewer pipes to the next larger standard diameter at each sump manhole or catch basin until reaching an outflow structure 28 Includes bid document level storm sewer layout, sizing, inlet capacities, and structure sizing. 28 Task includes reviewing/revising drainage area delineation and storm sewer pipe sizing for a 10-year storm. 3° Use "rule of thumb" guidelines to estimate the necessary surface area to treat storm water runoff. 81 Size proposed storm water runoff treatment at pond "C" location from the LPI drawings referenced in Note 5. 32 Pond sizing accounts for the amount of storm water runoff that will infiltrate into the ground through the bottom of the pond. 33 If Pond "C" by Westwood Professional Services preliminary design does not have enough storage, SEH will provide design services to make Pond "C" large enough or combine with water quality treatment structures. 34 Not Used 35 Includes determining watershed management organization and City requirements 36 Rain garden design is not included in these design phase services. 37 Existing manhole structures are assumed in good condition and will not need to be replaced with this project. 38 The existing and future sanitary sewer and water distribution systems will not be analyzed during this conceptual design 88 Assumes the City of Eden Prairie will provide SEH with size of watennain trunk pipe. 4 ° Includes grading limits shown with and without retaining walls 4 ' Two (2) copies (8.5" x 11" sheets) 42 Two (2) copies of cross-section drawings that correspond to the horizontal alignment and vertical profile along the length of FCD 43 Two (2) sets at a scale of 1"=60' (11" x 17" sheets) 44 Drawings include the following: Aerial topography files with two-foot contours • Estimated locations of existing right-of-way and property lines • Location of the horizontal road centerline alignment for FCD Locations of back of curb, edge of pavement, retaining wall, and edge of bituminous trail • The recommended vertical profile compared to the existing roadway profile • Horizontal and vertical alignment for the proposed trail • Proposed grading limits along the entire length of the project • Location of the recommended alignment of the storm sewer system • Location and size of Pond "C" 44 The City will inform SEH when schematic design is complete and when to begin final design 48 No easement and/or ROW acquisition efforts will be undertaken at City or LPI owned parcels. 46 Task begins following schematic design. The City will inform SEH when schematic design is complete and when to begin final design 47 Not Used " Sunde Land Surveying, LLC will prepare this legal description as a subconsultant to SEH. Their fee is included in the Expenses given at the end of this task hour budget. 48 Includes index of tabulations, statement of estimated quantities, existing storm sewer, proposed storm sewer, existing sanitary sewer, proposed sanitary sewer, existing water main, proposed water main, restoration, existing signing and striping, proposed signing and striping, earthwork, and private utilities Page 8 of 9 35 These plans will be incorporated into the roadway plan and profile sheets. However, if the plans become too busy or cluttered, separate plan sheets will be added to the plan. 51 Includes tree type, size and location " Assumes that wetland mitigation will be accomplished through the BWSR safety bank either as gratis or purchase, if necessary " If the BWSR bank is unavailable, all attempts to mitigate on-site will be used first, followed by within the city limits. 36 City will not undertake applying its existing or purchasing new wetland credits until they are ready to solicit bids from the community of roadway construction contractors. " Includes cover/certification, index, notice to contractors, instructions to bidders, general conditions, and all 4 standard detail specifications. 56 Both parties present for meeting Includes time to meet with city staff about the design of the project. 58 City will pay for all fees associated with permitting. " Submitting plans to Municipal State Aid is not included in the scope of this project. 60 Includes time associated with submitting Bid Documents for review and approval. " Permit applications include submittals to U.S. Army Corps of Engineers, Nine Mile Creek Watershed District, Minnesota Dept of Natural Resources, and City of Eden Prairie. 62 Reimbursable expenses include printing deliverables, printing and mailing bid documents, survey equipment and mileage, and non-survey related mileage 63 Proposed improvements to incorporate the needs of light rail are not included in the scope of services 64 Assumes LPI and SEH survey data can be consolidated using the same horizontal and vertical control and datum. If not, the City will direct Westwood Professional Services to provide SEH the LPI survey data in Hennepin County coordinates and City datum. 65 Locate entrances to satisfy current and future needs Nurp pond "C" is sized only for FCD and trail in FED ROW. Preliminary calculations by SEH have determined Pond "C" will have enough storage. 67 Includes Autotum and intersection sight distance review 68 Assumes muckout of unsuitable soils is feasible. A preliminary assessment of altemative soil correction methods will be perfonned. 69 As part of this task we would evaluate if there needs to be any modifications to the typical section based on the subgrade soil conditions. 73 Includes a comparison of the use of existing pavement as a mill and overlay versus reclaim or total reconstruct. 74 Evaluation, analysis and desi_ of any combination of preloading/surchnfging, light weight fill, soil stabilization and embankment reinf rcement is n t included. 72 It is proposed to reincorporate the existing sanitary sewer north of 70th Street into the proposed improvements. Possible sanitary sewer main repairs will be provided by the City, 73 It is proposed to reincorporate the existing sanitary sewer and water main south of 70th Street into the proposed improvements. Possible sanitary sewer main repairs will be provided by the City. 74 Service/stub pipe sizes and input on locations provided by the City. 75 If necessary, a temporary construction cul-de-sac tum-around can be considered. 76 Negotiation of ROW and easements with private property by the City 77 Deliverable is a table with area of required ROW and/or easement per HD. 78 SEH's proposed Design and Bidding Phase Services (services) are based on Westwood Professional Services $1,300,000 Concept Level Opinion of Probable costs dated October 1,2007. 79 The City will purchase the data from Aerometric, Inc. for SEH's use. " Assumes the City will provide SEH with any available traffic studies and/or forecasts. 31 Includes adding plan notes of possible sanitary sewer main spot repairs provided by the City. 82 Includes evaluating the existing storm sewer pipe size, grade, and condition in the vicinity of proposed Pond "C" relative to reported freezing problems. Recommendations and design are included in Task 3.1.3.1.3 " SEH will verify Westwood Professional Services pond "C" sizing calculations and provide the City an informal technical memorandum outlining the results of the Pond "C" sizing design calculations. Page 9 of 9 FOlikkol anyl) DRAWING NO. 1 EDEN PRAIRIE, MINNESOTA rj. ii SEH Feet 400 0 50100 200 300 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: November 13, 2007 DEPARTMENT/DIVISION: Molly Koivumaki Housing and Community Services ITEM DESCRIPTION: Resolution approving participation of the Hennepin County Housing Authority in affordable housing project ITEM NO.: VIII.F. Requested Action Move to: Adopt resolution approving participation of the Hennepin County Housing Authority in an Eden Prairie housing project. Background The City of Eden Prairie has an agreement with Ryland Homes to provide eight affordable townhomes in the Eagle Ridge at Hennepin Village 6th addition. The City has agreed to use Community Development Block Grant funds to assist with the purchase of these properties by West Hennepin Affordable Housing Land Trust (WHAHLT). WHAHLT has also been approved to receive funding for these projects by the Hennepin County Housing and Redevelopment Authority (HCHRA). The HCHRA needs City Council approval in order to go forward with the funding and completion of the financing for the project at 10010 Liatris Lane in Hennepin Village 6th addition. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- RESOLUTION APPROVING THE PARTICIPATION OF THE HENNEPIN COUNTY HOUSING AUTHORITY IN AN EDEN PRAIRIE AFFORDABLE HOUSING PROJECT WHEREAS, the City of Eden Prairie has entered into an agreement with Ryland Homes to provide eight affordable townhomes in the Eagle Ridge at Hennepin Village 6th Addition; and WHEREAS, City of Eden Prairie has agreed to use Community Development Block Grant funds assist with the purchase of these properties by West Hennepin Affordable Housing Land Trust (WHAHLT); and WHEREAS, WHAHLT has also been approved for funding of these projects by the Hennepin County Housing and Redevelopment Authority (HCHRA); and WHEREAS, the Hennepin County Housing and Redevelopment Authority (HCHRA) in Resolution No. 07-HCHRA-13 has approved the use of a $25,000 Affordable Housing Incentive Fund loan for the WHAHLT project at 10010 Liatris Lane, contingent upon the Eden Prairie City Council’s consent to the HCHRA’s participation in the project; and WHEREAS, the loan from the HCHRA will complete the financing required for the project to go forward. BE IT RESOLVED, that the participation of the Hennepin County Housing and Redevelopment Authority in the project is hereby approved. ADOPTED by the City Council of the City of Eden Prairie this 13th day of November, 2007. ___________________________ Phil Young, Mayor ATTEST: __________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: November 13, 2007 DEPARTMENT/DIVISION: Information Technology Lisa Wu/Ryan Browning ITEM DESCRIPTION: Purchase of hardware, software, and professional services to implement SAN and VMWare Solution ITEM NO.: VIII.G. Requested Action Move to: Approve purchase of NetApp SAN and VMWare Hardware, Software, and Services from MochaData at a cost of $149,461.59. Synopsis The Information Technology Division is requesting permission to purchase a new SAN/VMWare Solution to be used by all departments for data serving and storage. The money for the purchase of the unit will come out of the Information Technology CIP budget. Background This project will allow the IT Department to better serve all departments of the City by making better use of our server and storage infrastructure through consolidation. Server and storage consolidation will involve moving many of our servers and most of our data to a redundant and virtualized environment. This environment will increase the efficiency of our use of IT resources. These resources include servers, RAM, storage, network ports, and electricity. In our current environment, we are “encouraged” by our vendors to isolate their application on its own server to avoid software conflicts. Server virtualization allows us to maintain the application isolation as encouraged by our vendors, but also allows us to consolidate multiple physical servers onto a single physical server. This technology allows us to maximize our server efficiency, and gives us the ability to deploy servers /applications more quickly because we no longer have to configure, order, and wait for delivery of a new server. Another very important aspect of this project is disaster recovery. Once the project is implemented we will have a redundant offsite storage array which will mirror the contents of the storage array at City Hall. This will give us the ability to recover from a disaster in a more timely manner with data that is more up to date than is currently possible. We received quotes from Xiotech, St. Croix Solutions, and Mocha Data. Once we compared the three proposals, we felt that Mocha Data’s proposal provides the most cost effective, easy to manage solution that meets all of our needs. NetApp has been providing this type of solution for many years. The NS20 is EMC’s first attempt at a multiprotocol box for small to medium sized organizations and it currently has a few shortcomings. The other proposals lack key capabilities and/or do not propose a cost effective solution. Attachments Proposals Mocha Data Quotation: COEP-20071030a 15030 23rd Ave. N.Date: 10/30/2007 Plymouth, MN 55447 Steve Pheneger P: (763) 746-5378 Contact: Ryan Browning F: (763) 746-5361 Company: City of Eden Prairie M: (612) 345-0744 Do More With Less Phone: (952) 949-8544 email spheneger@mochadata.com E-mail:rbrowning@edenprairie.org site:www.mochadata.com Qty Product ID Description Unit List Unit Disc. Total HP ProLiant DL385 G2 Servers (Ordered directly from HP via State Contract) 3 414109-B21 HP ProLiant DL385G2, 2U Server, one (1) AMD 2.4 Ghz. High Efficiency Opteron 2216 Dual-Core processor, 4 64-bit PCI-E I/O slots, PCI-X/PCI-E Riser Card 5,276.00$ 5,276.00$ 15,828.00$ 3 408840-L21 HP AMD 2.4 Ghz. High Efficiency Opteron 2216 Dual-Core processor -$ -$ -$ 3 408853-16G HP 4 GB, PC2-5300 DDR SDRAM DIMM Memory (8 X 2GB), 16GB total -$ -$ -$ 3 356963-B21 Multimedia drive - CD slimline 24X Carbon Drive -$ -$ -$ 3 375859-B21 HP 36 10K SAS 2.5 Hot Plug Hard Drive - First -$ -$ -$ 3 375859-B21 HP 36 10K SAS 2.5 Hot Plug Hard Drive - Second -$ -$ -$ 3 399771-B21 HP Redundant Power Supply for HP ProLiant DL385R02 Server -$ -$ -$ 3 412648-B21 HP NC360T PCIe Dual Port Gigabit Ethernet Server Adapter -$ -$ -$ 3 452141-B21 HP iLO Advanced Pack 1 Server License (Remote System Management)-$ -$ -$ 3 U4545E HP Care Pack, On-site hardware support for DL385's, 3 yr., 4 hr., 24 X 7 640.00$ 640.00$ 1,920.00$ 3 412648-B21 HP NC360T PCIe Dual Port Gigabit Ethernet Server Adapter 180.00$ 180.00$ 540.00$ HP ProLiant DL385 G2 Servers 18,288.00$ VMware Software & Professional Services 3 VI-ENT-C VMware Infrastructure 3 Enterprise for 2 processors; additive licenses 5,750.00$ 5,750.00$ 17,250.00$ 3 VI-ENT-P-SSS-C Platinum Support/Subscription for VI3 Enterprise for 2 processors; additive licenses 1,437.50$ 1,437.50$ 4,312.50$ 1 VI-VCMS-C VirtualCenter Management Server (VCMS) 2 for VI application instance 5,000.00$ 5,000.00$ 5,000.00$ 1 VI-VCMS-P-SSS-C Platinum Support/Subscription for VCMS for VI3 1,250.00$ 1,250.00$ 1,250.00$ 6 VRANGERPRO vRanger Pro Hot Backup software for VI3, 1 yr. support inc.475.00$ 475.00$ 2,850.00$ 5 VMP-PS-5 VMware ESX Enterprise Server Implementation & Training Services per day 1,600.00$ 1,600.00$ 8,000.00$ VMware Software & Services 38,662.50$ NetApp FAS2050A-R5 Unified Network Storage System - City Hall (Primary) 1 DOC-2050-C Documents, 2050, -C -$ -$ -$ 1 FAS2050-NS-20-X287A-R5-C FAS2050, NetApp Select, 20 X 300GB SAS Drives, 15K RPM, -C, R5 34,600.00$ 34,600.00$ 34,600.00$ 2 FAS2050A-NS-R5 FAS2050A NetApp Select, R5 (6TB raw, 3.1TB useable w/Raid DP) 8,200.00$ 8,200.00$ 16,400.00$ 1 X510A-R6-C Lift Handle Kit, -C, R6 120.00$ 120.00$ 120.00$ 1 X5515A-R6-C Rackmount Kit, 4N2, DS14-Middle, -C, R6 100.00$ 100.00$ 100.00$ 2 X800E-R6-C Power Cord, North America, -C, R6 -$ -$ -$ 2 SW-T2C-CIFS-C CIFS Software, T2C, -C 5,500.00$ 5,500.00$ 11,000.00$ 2 SW-T2C-ISCSI-C ISCSI Software, T2C, -C -$ -$ -$ 2 SW-T2C-SRESTORE-S-C SnapRestore Software, Special, T2C, -C 1,493.00$ 1,493.00$ 2,986.00$ 2 SW-T2C-FS-DP-C DP SW, File Services, Bundle T2C, -C 13,032.00$ 13,032.00$ 26,064.00$ 1 CS-A-INST-4D SupportEdge Standard 3 Year Maintenance w/Installation, 4 Hour Hardware Parts Delivery 22,101.70$ 22,101.70$ 22,101.70$ 2 X800-42U-R6 Cabinet Component Power Cable, R6 -$ -$ -$ 1 X8730A-R6 Storage Equipment Cabinet, NEMA 30A, R6 5,030.00$ 5,030.00$ 5,030.00$ 1 X879-R6 Kit, Storage Cabinet Interconnection, R6 25.00$ 25.00$ 25.00$ NetApp FAS2050A-R5 (Prim.) 118,426.70$ NetApp FAS2020-R5 Unified Network Storage System - DR Site (Secondary) 1 DOC-2020-C Documents, 2020, -C -$ -$ -$ 1 FAS2020-NS-12-X287A-R5-C FAS2020, NetApp Select, 12 X 300GB SAS Drives, 15K RPM, -C, R5 20,760.00$ 20,760.00$ 20,760.00$ 1 FAS2020A-NS-R5 FAS2020A NetApp Select, R5 (3.6TB raw, 2TB useable w/Raid DP) 6,000.00$ 6,000.00$ 6,000.00$ 1 X5518A-R6-C Rackmount Kit, FAS2020, -C, R6 50.00$ 50.00$ 50.00$ 1 X800E-R6-C Power Cord, North America, -C, R6 -$ -$ -$ 1 SW-T1C-CIFS-C CIFS Software, T1C, -C 2,250.00$ 2,250.00$ 2,250.00$ 1 SW-T1C-ISCSI-C ISCSI Software, T1C, -C -$ -$ -$ 1 SW-T1C-SAN-FS-DR-C DR SW, SAN Bundle, File Services, T1C, -C 5,250.00$ 5,250.00$ 5,250.00$ 1 SW-T1C-SRESTORE-S-C SnapRestore Software, Special, T1C, -C 709.00$ 709.00$ 709.00$ 1 CS-A-INST-4D SupportEdge Standard 3 Year Maintenance w/Installation, 4 Hour Hardware Parts Delivery 6,567.81$ 6,567.81$ 6,567.81$ 1 X8730A-R6 Storage Equipment Cabinet, NEMA 30A, R6 5,030.00$ 5,030.00$ 5,030.00$ 1 X879-R6 Kit, Storage Cabinet Interconnection, R6 25.00$ 25.00$ 25.00$ NetApp FAS2020-R5 (Sec.)46,641.81$ NetApp FAS2050A Application Protection Software 1 SW-SME-SERVER SnapManager for Microsoft Exchange Software, Server 7,500.00$ 7,500.00$ 7,500.00$ 1 SW-SSP-SME-SERV SW Subs, SnapManager for Microsoft Exchange, Per Server, 36 Months 4,068.00$ 4,068.00$ 4,068.00$ 2 SW-SMSQL-SERVER SnapManager for Microsoft SQL Software, Server 7,500.00$ 7,500.00$ 15,000.00$ 2 SW-SSP-SMSQL-SERV SW Subs, SnapManager for Microsoft SQL, Per Server, 36 Months 4,068.00$ 4,068.00$ 8,136.00$ 3 SW-SDR-WIN SnapDrive Software for Windows 695.00$ 695.00$ 2,085.00$ 3 SW-SSP-SDR-WINDOWS SW Subs, SnapDrive for Microsoft Windows, 36 Months 360.00$ 360.00$ 1,080.00$ NetApp Application Software 37,869.00$ Additional Offerings:List Price 259,888.01$ * On-site Installation Mocha Data Discount 119,548.48$ * Extended Warranties & Renewals Moch Data Price 140,339.53$ * Training and Design MN State Sales Tax @ 6.5%9,122.07$ QUOTE TOTAL 149,461.59$ * Includes free installation assistance and technical support (763) 746-5360. Terms and Conditions 1. All prices are FOB Mocha Data, Minneapolis, MN (USA) 2. Customer is responsible for all applicable taxes and duties. 3. Prices and payment in US dollars; subject to change without notice. 4. All products are new unless otherwise noted. 30% Restocking Fee applies to all returns; RMA and pre-payment required. Product must be unused; documentation, cables, and accessories included. 5. Mocha Data' industry leading Critical Coverage Warranty included with purchase. 6. Terms are Net30 and subject to preapproval by Mocha Data Credit Department. Mocha Data Approval: Steve Pheneger Customer Approval Signature: ________________________________ Customer Print Name: ________________________________________ Customer PO#: ________________________________ Date: __________________________ All products are covered by Mocha Data's industry leading installation and support assistance Orders received by 5 P.M. CST shipped same day for stocked items. Customer Information This quote is valid for ten (10) days from date of issue. Connectivity - 1i0A Qloeic Qlogic Q1E2460 4Gb PC1 Express x4 2,561-1z Server MBA ><o tech To Citu or Eden Prairie PAitcu Rd Ryan Browning , Quote Date: October 29, 2007 Quote Number: 54984-3021170 Eden Prairie , Phone: 952-949-8:541 rbrourningp,ederrarairia.org Tar.? Quotation contains Xiotech's Mester Terms Agreement. if you did not receive Xiatech's Master Terms Agreement, please contact Xiotech immediately Primary Site SSN: t Unknown Please reference botb.MN State Contract # 429666 and MN State Contract # 432988 based on WSCA Contract # A63316 on your PO, System - 4000 - e Magnitude 3D 4000e Hardware Package w/Storage Bay IV Magnitude 3D 4000e Cluster Hardware Package includes 1 ICON appliance, 2 Model 4000e DCNs, 4 Dual-port Fibre Channel Interface cards, 1 Storage ,Bay IV bays, 4 host port activation. Requires DataScale Platform Manager Level 2 800767-000 Cable - 2m LC Duplex/LC Duplex Fiber Optic Patch Cord Cable - 2m LC Duplex/LC Duplex Fiber Optic Patch Cord 4 10 Cable - Sni LC Duplex/LC Duplex Fiber Optic Patch Cord Cable - 5m LC Duplex/LC Duplex Fiber Optic Patch Cord 840056-000 Connectivity - Switches - Ci eco 2 770304-000 Cisco - 1 Gbps Ethernet - SW SFP, LC CISCO - 1 Gbps Ethernet - SW SFP, LC ---- 14 • • • Cisco - 2Gbps Fibre Channel-SW SFP, LC Cisco - 2Glaps Fibre Channel -SW SFP, LC ... — 770235-000 2 770246-000 cisco - AC Power Cord North America 110V 9020, 9120, 9124, 9134, 9140, 9216, 9222 Cisco - AC Power Cord North America 110V 9020, 9120, 9124, 9134, 9140, 9216, 9222 .. .. _ cisco - MDS 9216 Standard SAN -OS Software Cisco MDS 9216 Standard SAN-OS Software 770312-000 1 .._........_ cisco - MDS 9216114FC/2GE ports Multiprotocol fabric switch w/1 slot CiSCO - MDS 9216l 14FC/2GE ports Multlprotocol fabric switch w/1 slot. (SrPs sold sepa ately) ___......„.._ ....._...................._— 770522-000 ..... 770815-000 Field Installation: Cisco 9216 or 9222 Switch A Statement of Work may be found at http://www.xiotech.com/PSFCSIv001 and is included here by reference. Drives A Says - Fibre - Economy rc.5. 400G0 Economy Enterprise Drive for Storage Bay IV - 16 Pack (4Eibs, 10K RPM) Qty. 16 - 400GB, 10,000 RPM, 4Gb Economy Enterprise Hard Drive for Storage Bay IV Software -BID , - .... Datascale Capacity Manager Economy (2.410 ) Datascale Capacity Manager Economy (2.4TB ) :Provides dimensional virtualization 800564-004 1 RataScale Copy DataScale Copy for Magnitude 3D 3000 and Magnitude 3D systerns. 210047-000 , . .. DataScale Geo-R.eplication Asynch (1 Cluster License) Misc DataScale Platform Manager (Level 2) Provides support for system virtualization and management of Dimensional Storage Cluster components of a Magnitude 3D e- class systems. Provides support for system scaling including dual-controller, basic inter-controller fallover, and e-class cluster scaling and management. Provides support for system performance, pathing and redundancy capabilities for e-class systems. S00566-000 Professional Services - Instaliation/Consuiting/Staff Aug. W Field Installation: Magnitude 3ID e Class A Statement of Work may be found at http://www.xiotech.conlIPSM3DIvOOl and is included here by reference. Magnitude 30 Software Standard Warranty (90 Days) Provides maintenance release, feature release, and phone support coverage for 90 days. 020131-201 020130-001 Magnitude 3D Standard Warranty (1 Year, Next Business Day) Magnitude 3D Standard Hardware Warranty (1 Year, Next Business Day). Software coverage must be purchased separately. Magnitude 3D System Warranty Uplift from NOD to 4 Hour Response (available only in Support Zone 1 - period of 1 Year) Magnitude 3D System Hardware Warranty Uplift from NBD to 4 Hour Response (available only in Support Zone 1 - period of 1 Year). Software coverage must be purchased separately. 020130-011 ____...... „.--, — — 020131-011 --- Standard Magnitude 3D Software Maintenance - remainder of 1st Year Standard Magnitude 30 Software Maintenance - remainder of 1st Year Cisco - SMARTnet On site 24x7x4hrs MDS 92161 14/2 switch Cisco - SMARTnet On site 24x7x4hr5 MDS 9216i 14/2 switch Speree 13, Other tiordwere - 3D Acwx Power Distribution Unit, 220V 8005cr7 -000 1 020112-000 Standard Shipping 'Standard Shipping Magnitude 3D 4000e Edge Hardware Package w/Storage Bay IV Magnitude 3D 4000e Edge Hardware Package: 1 ICON appliance, 1 Model 4000e DCN, 2 dual-port Fibre Channel interface cards, 1 Storage Bay IV, 2 Host port activation, Includes DataScale Platform Manager Level 1. 800769-000 2 i Cable - 2m LC Duplex/LC Duplex Fiber Optic Patch Cord Cable - 5rn LC Duplex/LC Duplex Fiber Optic Patch Cord 2 i Cable Sm LC Duplex/LC Duplex Fiber Optic Patch Cord Cable - 2m LC Duplex/LC Duplex Fiber Optic Patch Cord 400011 Economy Enterprise Drive for Storage Bay IV - 16 Pack (4Gbs, 10K RPM) Qty. 16 - 400GB, 10,000 RPM, 4Gb Economy Enterprise Hard Drive for Storage Bay IV Datascale Capacity Manager Economy (2.4TB ) Datascale Capacity Manager Economy (2.4115 ) :Provides dimensional virtualization 1 Field Installation: Magnitude 3D Edge A Statement of Work may be found at http://www.xiotech.corn/PSM3DIv001 and is included here by reference. Secondary Site SSN C Unknown Connectiv'ty - Switches - CiSCA 2 TTT 770304-000 cisco - 1 Gbps Ethernet - SW SFP, LC Cisco - 1 Gbps Ethernet - SW SFP, LC 14 • ,. . _ „. .... .. Cisco - 2Gbps Fibre Channel-SW SFP, LC CISCO - 2Gbps Fibre Channel-SW SFP, LC 770235 -000 2 ...................... Cisco - AC Power Cord North America 110V 9020, 9120, 9124, 9134, 9140, 9216, 9222 Cisco - AC Power Cord North America 110V 9020, 9120, 9124, 9134, 9140, 9216, 9222 770246-000 , Cisco - MDS 9216 Standard SAN-OS Software Cisco - MDS 9216 Standard SAN-OS Software 770312-000 1 Cisco - MOS 9216i 14FC/20E ports Multiprotocol fabric switch w/1 slot Cisco - MDS 92161 14FC/2GE ports Multiprotocol fabric switch w/1 slot. (SE's sold separately) — — 770522-000 15lgak PiVRAViSCZ Field Installation: Cisco 9216 or 9222 Switch A Statement of Work may be found at http://www.xiotech.c0rn/PSFCSIv001 and is included here by reference, 000128-000 Cisco - SMARTnet On site 24x7x4hrs MDS 9216114/2 switch Cisco - SMARTnet On site 24x7x4hr5 MRS 92161 14/2 switch 770526-000 Power Distribution Unit, 2201, Standard Shipping Standard Shipping 020112-000 800507-900 Magnitude 3D Software Standard Warranty (90 Days) Provides maintenance release, feature release, and phone support coverage for 90 days. Magnitude 3D Standard Warranty (1 Year, Next Business Day) Magnitude 3D Standard Hardware Warranty (1 Year, Next Business Day). Software coverage must be purchased separately, 020130-001 Standard Magnitude 3D Software Maintenance - remainder of 1st Year Standard Magnitude 3D Software Maintenance - remainder of 1st Year 020131-011 Total Investment: $109,920 DocCon# 80002643-80011400 Cid(76395 (09-000] TO: Lisa Wu Phone Number: 952.949.8514 Fax Number: 952.949.8383 E-mail: iwuedenrrairie.orq FROM: Chad Vukich Phone Number: 651.634.6102 Fax Number: 651.636.2855 E-mail: chadv@marconet.com Quote for City of Eden Prairie 8080 Mitchell Road • Eden Prairie, MN 55344 October 4, 2007 HP Proliant Dl385 G2 Servers for VMWare 3 - HP Proliant DL385G2 Server 2U Server, One AMD 2.4Ghz High Efficiency Opteron 2216 Dual Core Processor, 4 64-Bit PCI-E I/O Slots Includes: • (3) HP AMD 2.4 Ghz 2216 Dual Core Processor • (12) 4GB PC2-5300 DDR SDRAM DIMM Memory (2X2GB) • (6) 36 10K SAS 2.5 Hot Plug HD • (3) HP Slim 24X Carbon Combo Drive • (6) HP NC360T PCIe Dual Port GB Ethernet Server Adaptor • (3) HP Redundnat Pwr Supply • (3) HP ILO Adv. PK 1 Server License • (3) HP Care Pk 3-Yr 4 Hr 24X7 HP Server Investment $22,495.00 APC Equipment 1 - APC3100 - NetSheiter SX 42U Includes: • 1U 19" Black Toolless Blanking Panel 10 pack APC Rack Equipment Investment $1,260.00 CV:mt CV0402_1.doc TO: Lisa Wu FROM: Chad Vukich Phone Number: 952.949.8514 Phone Number: 651.634.6102 Fax Number: 952.949.8383 Fax Number: 651.636.2855 rairie.or E-maii: chadv@marconet.com VMWare Software & Professional Service Options 2 — VMWare Infrastructure 3 Enterprise for 2 Processors ($4,365/each) $8,695.00 2 — Platinum SnS Support 1Yr for VI3 Enterprise for 2 Processors ($1,085/ea) $2,150.00 1 — VMWare Infrastructure 3 Standard for 2 Processors $2,800.00 1 — Gold SnS Support 1 Yr for VI3 Standard for 2 Processors $600.00 1 — VirtualCenter Management Server (VCMS) 2 Processors $3,800.00 1 — Platinum 1 Yr Support for VCMS $950,00 6 — vRanger Pro backup $2,310.00 1 — VMWare ESX Enterprise Server Configuration and Training Per Day $1,125.00 Three Year (up front) Support Options (would replace service items above) 2 — Platinum SnS Support 3 Yr for VI3 Enterprise for 2 Processors ($2,934/ea) $5,850.00 1 — Gold SnS Support 3 Yr for VI3 Standard for 2 Processors $1,725.00 1 — Platinum 3 Yr Support for VCMS $2,800.00 CV:rnf CV0402_1.doc DL385'S Qty Part Number Description List Price Extended List 3 408838- 001 PROLIANT DL385 02 OPT 2216 HE DC SFF $2,649.00 $7,947.00 3 408840- 821 OPTERON 2216 HE DC 2.40 2X1MB PROCESSOR KIT FOR DL385 G2 $479.00 $1,437.00 12 408853- B21 4GB (2X2GB) REG PC2-5300 $749.00 $8,988.00 3 331903- B21 SLIMLINE CDRW/DVD COMBO OPTION FOR DL360 G3 04 DL380 G3 G4 DL560 $119.00 $357.00 3 U4545E 3YR ONSITE 24X7 4HR CPE HW PROLIANT DL380 $919.00 $2,757.00 2 AF001A UNIVERSAL RACK 10642 G2 PALLET $1,240.00 $2,498.00 1 AF054A RACK 10642 02 SIDEPANEL KIT $359.00 $718.00 1 AF062A RACK STABILIZER 600W 10K G2 $229.00 $458.00 6 412648- B21 NC360T PCIE DP GIG ADAPTER $259.00 $1,554.00 6 431958- B21 146GB SAS 3G 10K SFF 2.5IN HOT PLUG HDD $409.00 $2,454.00 List Price $29,168.00 VMware Infrastructure Licenses Quantity Part Number Description List Price Extended List 3 VI-ENT- C VM INFRASTRUCTURE 3 ENTERPRISE FOR 2 PROCESSORS ADDITIVE LICENSES $6,750.00 $17,250.00 3 VI-ENT- P-SSS- C PLATINUM LEVEL SNS FOR VM VI ENTERPRISE FOR 2 PROC ADD LICENSES $1,437.50 $4,312.50 List Price $21,562.50 VMware Virtual Management Center Quantity Part Number Description List Price Extended List 1 VI- VCMS- C VM VIRTUALCENTER MGMT SERVER 2 FOR VMWARE INFRA PER VC APP. INST $5,000.00 $5,000.00 VI- VCMS - P-SSS- C PLATINUM LEVEL SNS FOR VCMS FOR VM INFRASTRUCTURE ADD LICENSES $1,250.00 $1,260.00 List Price $6,250.00 Professional Services Qty Part Number Description List Price Extended List Professional Services Installation, implementation and knowledge transfer of VMware, EMC systems and software. Assistance with design and layout. $12,000.00 $12,000.00 List Price: $12,000.00 NS22-FD (iSCSI Replicated) NS20 PSI Qty Part Number Description List Price Extended List 1 NS22C-A-FD NS20 1NT-2DM-40B-4 CU GIGE PORTS (FLD 1NST) $13,425.00 $13,425.00 1 NS-4PDAE- NS Field DAE $5,900.00 $5,900.00 1 NS2-AUXC NS20 CAPTIVE ARRAY XPE-CUST RACK-NO AV FC PRTS $8,950.00 $8,950.00 1 N520-CS NS20 CONTROL STATION $4,700.00 $4,700.00 1 NS2ODAE3 NS20 DAE OS 2 5X300 DISKS- $14,675.00 $14,675.00 5 NS-SA07-500 500GB SATA II DISK For 4Gb DAE $1,530.00 $7,650.00 1 NS-SA07- 500HS 500GB SATA for 4Gb DAE HS $1,530.00 $1,530.00 1 NS2G10-300- HS NS 10K 300GB HOT SPARE $1,755.00 $1,755.00 5 NS-2G10-300 300GB FC 10K 2GB $1,755.00 $8,775.00 4 C13- PWR-12 2 C13 Powercords 2/NEMA 5-15 plugs 125V 10A $0,00 $0.00 1 MODE-US UNITED STATES MODEM $0.00 $0.00 1 RM-KIT REPL MGR SRVR CLIENT KIT $0.00 $0.00 1 RM-NSWINO3 RM FOR ISCSICELERRA / WINDOWS 3 $7,650.00 $7,650.00 1 RM-S ERVER-DR RM SERVER HST — DR $500.00 $500.00 NS20-1S-C1- NS20 Add 'SCSI Lie To CIFS $0.00 $0.00 NS20-IS-NF-L NS20 ADD ISCSI License to Unix NFS License $0.00 $0.00 NS22-C1- NS20 CIFS ROYALTY for 2 BI $0.00 $0.00 1 NS20-RP-L NS20 REPLICATOR LICENSE $5,000.00 $5,000.00 1 NS20-IS-D NS20 ISCSI APP DCD $0.00 $0.00 1 NS20-C-DC DOC AND CD: NS20 WITH CL $0.00 $0.00 1 M-PRESW- 001 PREMIUM SOFTWARE SUPPORT $6,750.00 $6,750.00 1 M-PRESW- 004 PREMIUM SW SUPPORT - OPEN SW $4,401.00 $4,401.00 1 1 WU-PREHW- 001 PREMIUM HARDWARE SUPPORT - WARR UPG $7,415.00 $7,415.00 NS20-SPS-FD NS20 SECOND SPS Field Install $900.00 $900.00 List Price $99,976.00 NS22-FD Second Site (iSCSI Replicated) N820 PSI Qty Part Number Description List Price Extended List 1 NS22C-A-FD NS20 INT-2DM-4GB-4 CU GIGE PORTS (FLD INST) $13,425.00 $13,425.00 1 NS2ODAE500 F5 NS20 DAE OS W 5x500GB Disks $13,650.00 $13,650.00 1 NS2-AUXCR NS20 CAPTIVE ARRAY XPE-CUST RACK-NO AVL FC PRTS $8,950.00 $8,950.00 NS20-CS NS20 CONTROL STATION $4,700.00 $4,700.00 NS2G-300 NS 10K 300GB HOT SPARE $1,755.00 $1,755.00 NS-SA07- 500HS 500GB SATA FOR 4G DAE HS $1,530.00 $1,530.00 3 C13-PWR 2 C13 Powercords w/NEMA $0.00 $0.00 1 MOD-US UNITED STATES MODEM $0.00 $0.00 1 RM-KIT Replication Mgr Syr and Clnt Kit $0.00 $0.00 1 RM-NSWINO3 RM For ISCSI CELERRA/WINDOWS $7,650.00 $7,650.00 1 NS20-SPS NS20 OPTIONAL SECOND Fl $900.00 $900.00 1 NS20-RP-L NS20 REPLICATOR LICENSE $5,000.00 $5,000.00 1 NS20-IS NS20 ISCS! APP DCD $0.00 $0.00 1 NS20-IS-CI- N520 ADD ISCSI LIC-CIFS LIC $0.00 $0.00 1 NS20-IS-NF-L NS20 ADD ISCSI License to UNIX NFS License $0.00 $0.00 1 NS22-CI- RYLT NS20 CIFS ROYALTY FOR 2 BLADES $0.00 $0.00 1 NS20-C-DCD DOC AND CD: NS20 WITH CLARIION $0.00 $0.00 1 PS-BAS-NS20 CELERRA NS20 INTEGRATED QUICKSTART $2,890.00 $2,890,00 1 RM-SVR-D RM SERVER HST- DR $4,500.00 $4,500.00 1 M-PRESW- 001 PREMIUM SOFTWARE SUPPORT $6,750.00 $6,750.00 1 M-PRESW- 004 PREMIUM SW SUPPORT - OPEN SW $4,401.00 $4,401.00 1 WU-PREHW- 001 PREMIUM HARDWARE SUPPORT - WARR UPG $5,145.00 $5,145.00 1 PS-BAS- PMBLK COMMERCIAL PMGMT 4HRS QS $1,970.00 $1,970.00 1 PS-BAS- SABLK COMMERCIAL SA 4HOURS QS $1,970.00 $1,970.00 List Price $85,186,00 PRICING SUMMARY: Description Extended List Compaq DL385's(3)w/(2) Cabinets $29,168.00 VMware Infrastructure Licenses (3) ESX Enterprise Server Licenses $21,562.00 VMware Virtual Management Center $6,250.00 Implementation, Design, Knowledge Transfer, Install $12,000.00 NS20 Array #1 $99,976.00 NS20 Array #2 $85,186.00 Total List Price: $253,365.00 City of Eden Prairie Price: $137,497.00 CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: November 13, 2007 DEPARTMENT/DIVISION: Sue Kotchevar, Office of the City Manager/Finance ITEM DESCRIPTION: Approve Terms of Service with US Bank National Association for Credit Card Processing Services ITEM NO.: VIII.H. Requested Action Move to: Accept terms of service with US Bank National Association for credit card processing services Synopsis The City of Eden Prairie has contracted with Wells Fargo for credit card processing since 2001 when the last RFP process was conducted for credit card processing. Changing credit card processing to US Bank will save the City approximately $1,000.00 monthly. The City currently pays approximately $180,000.00 annually in credit card fees. Staff interviewed US Bank staff and also checked references and are satisfied that US Bank will provide quality service for a reduced price. Attachments Terms of Service NOV City of Eden Prairie, Minnesota FINAL Custom Government Terms of Service Direct Debit (USB) v 6.30.06 10.26.07.doe TERMS OF SERVICE These Terms of Service are entered into as of the Effective Date by and among City of Eden Prairie, Minnesota, NOVA Information Systems, Inc. and U.S. Bank National Association. The TOS and the other portions of the Agreement govern the Merchant's participation in the Program. Section A — Definitions 1) DEFINITIONS. a) ACH: Automated Clearing House. b) Agreement: The TOS, any Addendum, the Merchant Application, the Merchant Operating Guide, and any other guides or manuals provided to Merchant from time to time, and all additions to, amendments and modifications of, and all replacements to any of them, as applicable. c) American Express: The American Express Company. d) Authorization: Merchant's request for approval of a Transaction by an Issuer. Authorization is initiated by accessing the authorization center by telephone or electronic terminal. e) Authorization Code: The code sent by an Issuer in response to an Authorization request. Automated Clearing House (ACH): The funds transfer system governed by the rules of NACHA. ACH allows financial institutions to clear interbank entries electronically. Bankruptcy Proceeding: With respect to a Person means (0 that the Person or any subsidiary of such Person shall: (a) commence a voluntary case under the Bankruptcy Code of 1978, as amended, or other federal bankruptcy laws (as now or hereafter in effect); (b) file a petition seeking to take advantage of any other applicable laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition or adjustment of debts or any other similar conservatorship or receivership proceeding instituted or administered by any regulatory agency or body; (c) consent to or fail to contest, in a timely and appropriate manner, any petition filed against it in an involuntary case under such bankruptcy laws or other applicable laws or consent to an Involuntary Bankruptcy Proceeding; (d) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a trustee, receiver, custodian, liquidator, or similar entity of such Person or of all or any substantial part of its assets, domestic or foreign; (e) admit in writing its inability to pay its debts as they become due; (f) make a general assignment for the benefit of creditors; (g) make a conveyance fraudulent as to creditors under any applicable law; or (h) take any action for the purpose of effecting any of the foregoing; or (ii) that a case or other proceeding shall be commenced against the Person or any subsidiary of such Person in any court of competent jurisdiction, or through any regulatory agency or body, seeking: (a) relief under the Bankruptcy Code of 1978, as amended, or other federal bankruptcy laws (as now or hereafter in effect) or under any other applicable laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition, or adjustment of debts; or (b) the appointment of a trustee, receiver, custodian, liquidator or the like of such Person or of all or any substantial part of the assets, domestic or foreign, of such Person or any other similar conservatorship or receivership proceeding instituted or administered by any regulatory agency or body. h) Card Not Present: The processing environment where the Payment Device is not physically presented to the Merchant by the Cardholder as the form of payment at the time of sale. Card Not Present includes, but is not limited to, Mail Order, Telephone Order, and Electronic Commerce Transactions. i) Card Present: The processing environment where the Payment Device is physically presented to the Merchant by the Cardholder as the form of payment at the time of the Transaction. j) Cardholder: (i) the individual in whose name a Payment Device has been issued; and (ii) any individual who possesses and uses a Payment Device and who purports to be the person in whose name the Payment Device was issued or whose signature appears on the Payment Device as an authorized user. 1 of 26 OVA City of Eden Prairie, Minnesota FINAL Custom Government Terms of Service - Direct Debit (USB) v 6.30.06 I0.26.07.doc k) Chargeback: A sales Transaction disputed by a Cardholder or Issuer pursuant to the Payment Network Regulations. I) Confidential Information: All information or items proprietary to NOVA or Member, of which the Merchant obtains knowledge or access as a result of the Merchant's relationship with NOVA and Member, including, but not limited to, the following types of information and other information of a similar nature (whether or not reduced to writing): scientific, technical, or business information, product makeup lists, ideas, concepts, designs, drawings, techniques, plans, calculations, system designs, formulae, algorithms, programs, software (source and object code), hardware, manuals, test procedures and results, identity and description of computerized records, identity and description of suppliers, customer lists, processes, procedures, trade secrets, "know- how," marketing techniques and material, marketing and development plans, price lists, pricing policies, and all other financial information. m) Convenience Fee. Any fee or charge for the use of a Payment Device in a Transaction. n) Credit Card: A: (i) Visa card or other card bearing the symbol(s) of Visa U.S.A., Inc. or Visa International, Inc. (including Visa Gold cards); (ii) a MasterCard card or other card bearing the symbol(s) of MasterCard International Incorporated (including MasterCard Gold cards); or (iii) any card bearing the symbol of any other Credit Card Association. o) Credit Card Associations: (i) Visa U.S.A., Inc.; (ii) MasterCard International Incorporated; (iii) American Express; (iv) Discover; (v) Diners; (vi) JCR; and (vii) any other organization or association that hereafter contracts with NOVA and/or Member to authorize, capture, and/or settle Transactions effected with Credit Cards issued or sponsored by such organization or association, and any successor organization or association to any of the foregoing. P) Credit Card Rules: All applicable rules and operating regulations of the Credit Card Associations, and all rules, operating regulations, and guidelines for Credit Card Transactions issued by NOVA from time to time, including, without limitation, all amendments, changes and revisions made thereto from time to time. q) Credit Transaction Receipt: A document, in paper or electronic form, evidencing a Merchant's refund or price adjustment to be credited to a Cardholder account. r) Debit Card: A card with a magnetic stripe bearing the symbol(s) of one or more EFT Networks which enables the holder to make a payment by authorizing an electronic debit to the Cardholder's designated deposit account, including PIN-based, online debit Transactions. s) Debit Card Rules: All applicable rules and operating regulations of the EFT Networks, and all rules, operating regulations, and guidelines for Debit Card Transactions issued by NOVA from time to time, including, without limitation, all amendments, changes, and revisions made thereto from time to time. t) Demand Deposit Account (DDA): The commercial checking account at a financial institution acceptable to NOVA and Member designated by Merchant to facilitate payment for Transactions, Chargebacks, returns, adjustments, fees, fines, penalties, and other payments due under this Agreement. u) Diners: Diners Club International Ltd. v) Discover: Discover Financial Services, Inc. w) EBT Card: A card utilized for electronic benefits transfers. x) Effective Date: The date set forth in the signature block of NOVA herein. y) EFT Networks: (i) Interlink Network Inc., Maestro U.S.A., Inc., Visa, and MasterCard; and (ii) any other organization or association that hereafter authorizes NOVA and/or Member to authorize, capture, and/or settle Transactions effected with Debit Cards, and any successor organization or association to any of the foregoing. z) Electronic Check Service Association: Visa, NACHA, and any other organization or association hereafter designated as an Electronic Check Service Association by NOVA from time to time, as) Electronic Check Service Rules: All applicable rules and operating regulations of the Electronic Check Service Associations, and all rules, operating regulations, and guidelines for Electronic 2 of 26 NOVA City of Eden Prairie, Minnesota FINAL Custom Government Terms of Service - Direct Debit (USB) v 630.06 10.26.07.doc Check Service Transactions issued by NOVA from time to time, including without limitation, all amendments, changes, and revisions made thereto from time to time. bb) Electronic Commerce Transaction: A Transaction that occurs when the Cardholder uses the Internet to make a payment to a Merchant or a Merchant uses the Internet to submit the Transaction for processing to NOVA. cc) Electronic Gift Cards (EGC): A special card purchased by a customer that is redeemable for in- store merchandise or services. dd) Interchange: The clearing and settlement system for Visa and MasterCard Credit Cards and Debit Cards where data is exchanged between NOVA and the Issuer. ee) Issuer: The financial institution or other entity that issued the Credit Card or Debit Card to the Cardholder. if) JCR: JCB International Co., Ltd. gg) Laws: All applicable state, federal and local laws, rules, regulations, orders and decrees, as amended from time to time. hh) Loyalty Cards: A special card given to customers who are frequent shoppers of an establishment pursuant to which the customer may receive a discount or other reward. ii) Mail Order/Telephone Order (MO/TO) Transaction: For MO, a Transaction that occurs when the Cardholder uses the mail to make a payment to a Merchant and for TO, a Transaction that occurs when the Cardholder uses a telephone to make a payment to a Merchant. jj) MasterCard: MasterCard International Incorporated. Ick) Member: U.S. Bank National Association. The Member may be changed by NOVA at any time. 11) Merchant (or you): City of Eden Prairie, Minnesota, and the affiliated entities listed on Schedule B attached hereto, jointly and severally. Entities may be added to Schedule B by substituting a new Schedule B that is in writing and signed by all parties, and Merchant may add additional. accounts or locations that are owned by Merchant without the need to execute a new Schedule B. mm) Merchant Application: Any document containing information regarding Merchant's business that is submitted to NOVA and Member in connection with Merchant's application for processing services, including documents submitted by Merchant as a part of the bid process, if applicable. nn) Merchant Operating Guide: The operating manual provided by NOVA to its Merchants. The Merchant Operating Guide may be amended from time to time by NOVA in its sole discretion. oo) National Automated Clearing House Association (NACHA): The national association that establishes standards, rules, and procedures to enable depository financial institutions that are members of regional ACH associations to exchange electronic payments. pp) NOVA: As applicable, NOVA Information Systems, Inc., a Georgia corporation, and any affiliate or subsidiary of NOVA Information Systems, Inc. that provides processing services to a Merchant related to Transactions. NOVA is a registered member service provider of each Member. qq) Payment Device: Any device used for the purpose of obtaining credit or debiting a designated account including a Credit Card, Debit Card, and any other financial transaction device, including an Electronic Gift Card, check, (whether converted into electronic form or used as a source document for an electronic fund transfer), EBT Card, stored value card, "smart" card, or other device created to be used for the purpose of obtaining credit or debiting a designated account, that is now or hereafter effected through Transactions with Merchants. rr) Payment Network: Any Credit Card Association, EFT Network, Electronic Check Service Association, governmental agency or authority, and any other entity or association that issues or sponsors a Payment Device. ss) Payment Network Regulations: Individually and collectively, as the context may dictate, the Credit Card Rules, the Debit Card Rules, and/or the Electronic Check Service Rules. tt) Person: Any individual, firm, corporation, business trust, partnership, governmental agency or authority, or other entity and shall include any successor (by merger or otherwise) of such entity. 3 of 26 City of Eden Prairie, Minnesota FINAL Custom Government Terms of Service - Direct Debit (USB) v 6.30.06 1026.07.doe uu) POS Device: A terminal, software or other point-of-sale device at a Merchant location that conforms with the requirements established from time to time by NOVA and the applicable Payment Network. vv) Prepaid Cards: A reloadable card having available funds to the Cardholder paid for in advance. ww) Program: The Payment Device processing services and other related products and services received by Merchant pursuant to the Agreement. xx) Reserve Account: The account established pursuant to Section (B)(6). yy) Reserve Amount: The amount established pursuant to the calculation set forth in Section (B)(6). zz) Reserve Event: The events designated in Section (B)(6). aaa)Retrieval Request: A request initiated by a Cardholder or Issuer that requires the Merchant to produce a legible copy of the Cardholder's signed Transaction Receipt within a specified period of time. bbb) TOS: These Terms of Service and all additions to, amendments, and modifications of, and all replacements to the TOS, as applicable. ccc) Transaction: Any action by a Cardholder using a Payment Device and a Merchant that results in activity on the Cardholder's account (e.g., payment, purchase, refund, or return). ddd)Transaction Receipt: The paper or electronic record evidencing the purchase of goods or services from, or payment to, a Merchant by a Cardholder using a Payment Device. eee) Value Added Services: Any product or service provided by a third party unaffiliated with NOVA or Member to assist Merchant in processing Transactions, including without limitation, Internet payment gateways, integrated POS Devices, inventory management and accounting tools, loyalty programs, fraud prevention programs, and any other product or service that participates, directly or indirectly, in the flow of Transaction data. fft) Visa: Visa U.S.A., Inc. 2) RULES OF CONSTRUCTION. Capitalized terms used and not otherwise defined herein shall have the meanings ascribed to such terms in the TOS. Singular terms shall include the plural, and vice versa, unless the context otherwise requires. The words "hereof," "herein," and "hereunder," and words of similar import when used in the TOS shall refer to the TOS and not to any particular provision of the TOS. The word "day" shall mean "calendar day", unless specifically stated otherwise. In the event of a conflict between the terms of Section B - General Provisions, and any subsequent section of the TOS, the terms of the subsequent section shall prevail. Section B - General Provisions 3) ACCEPTANCE OF PAYMENT DEVICES. Merchant shall determine in accordance with the Payment Network Regulations and the Agreement which types of Payment Devices it will agree to accept as payment for goods and services. The terms and conditions for the acceptance of Credit Cards are set forth in the TOS. The terms and conditions for the acceptance of any Payment Devices or methods other than Credit Cards shall be set forth in one or more addenda (each an "Addendum"), which shall incorporate the TOS by reference. Each Addendum shall be governed by the TOS, as well as by the terms set forth in the Addendum. 4) DEPOSIT OF TRANSACTION RECEIPTS. a) Funds. i) Deposits. You agree that the Agreement is a contract of financial accommodation within the meaning of the Bankruptcy Code, II U.S.C. Section 365, as amended from time to time. Subject to this Section, NOVA, and Member will deposit to the DDA all funds evidenced by Transaction Receipts complying with the terms of the Agreement and the Payment Network Regulations and will provide you provisional credit for such funds (less recoupment of any Chargebacks, returns, adjustments, fees, fines, penalties, and other payments due under the Agreement). You acknowledge that your obligation to NOVA and Member for all amounts 4 of 26 NOV City of Eden Prairie, Minnesota FfNAL Custom Government Terms of Service - Direct Debit (USB) v 630.06 10.26.07.doc owed under the agreement arises out of the same transaction as NOVA's and Member's obligation to deposit funds to the DDA. ii) Provisional Credit. All Transaction Receipts and deposits are subject to audit and final checking by Member and NOVA, and may be adjusted for inaccuracies or errors. You acknowledge that all credits for funds provided to you are provisional and subject to Chargebacks and adjustments in accordance with the Payment Network Regulations, whether or not a Transaction is charged back by the Issuer. Member or NOVA may elect to grant conditional credit for individual or groups of Transaction Receipts. Final credit for Transaction Receipts will be granted within Member's and NOVA's sole discretion. iii) Original Transaction Receipts. Under no circumstances will Member or NOVA be responsible for processing returns, refunds, or adjustments related to Transactions not originally processed by Member and NOVA. b) Chargebacks. You are fully liable to NOVA and Member for all Transactions returned to NOVA or Member for whatever reason including all Chargebacks. You will pay NOVA and Member for all Chargebacks. You agree to accept for Chargeback, and will be liable to Member and NOVA in the amount of any Transaction for which the Cardholder or Issuer disputes the validity of the Transaction for any reason. You authorize NOVA and Member to offset from funds due the Merchant for Transaction activity and to debit the DDA and the Reserve Account for the amount of all Chargebacks. You will fully cooperate with NOVA and Member in complying with the Payment Network Regulations regarding Chargebacks. 5) DEMAND DEPOSIT ACCOUNT (DDA). a) Establishment and Authority. You will establish and maintain with Member (or with an ACH receiving depository institution acceptable to Member) one or more DDAs to facilitate payment for Transactions. You will maintain sufficient funds in the DDA to accommodate all Transactions contemplated by the Agreement and all Chargebacks, returns, adjustments, fees, fines, penalties, and other payments due under this Agreement. You irrevocably authorize NOVA and Member to debit the DDA for Chargebacks in accordance with the Payment Network Regulations and for returns, adjustments, fees, fines, penalties, and any other payments due under the Agreement. You also authorize NOVA's or Member's vendors or agents to debit the DDA for any fees due to such vendors or agents under the Agreement. You must obtain prior consent from Member and NOVA to change the DDA. If you do not get that consent, NOVA or Member may immediately and without notice terminate the Agreement and may take any other action either of them deems necessary in their discretion. NOVA and Member have the right to rely upon written instructions submitted by you to request changes to the DDA. You may request from NOVA written confirmation of NOVA' s and Member's consent to change the DDA. b) DDA. If the DDA is maintained with Member, Member will deposit all funds evidenced by Transaction Receipts to the DDA, subject to Section (B)(4) of the TOS. NOVA and Member have the right to delay, within their discretion, crediting the DDA with funds evidenced by submitted Transaction Receipts. You authorize Member or NOVA to initiate reversal or adjustment entries and initiate or suspend such entries as may be necessary to grant you provisional credit for any entry. Member will• make deposits to the DDA pursuant to the Agreement and the ACH Authorization (defined below). To the extent required, you authorize and appoint Member to act as your agent to collect Transaction amounts from the Issuer. Member, in its sole discretion or at NOVA's direction, may grant you provisional credit for Transaction amounts in the process of collection, subject to receipt of final payment by Member and NOVA and subject to all Chargebacks, returns, adjustments, fees, fines, penalties, and any other payments due under the Agreement. You shall maintain sufficient funds on deposit in your DDA to pay all items as they come due in the ordinary course of business. c) Asserted Errors. It is the responsibility of Merchant to reconcile the statements regarding Transaction activity received from NOVA, any Payment Network, and any third party vendors with the statements Merchant receives for Merchant's DDA. You must promptly examine all 5 of 26 N0 VA City of Eden Prairie, Minnesota FINAL Custom Government Terms of Service - Direct Debit (USB) v 6.30.06 10.26.07.doe statements relating to the DDA and immediately notify NOVA and Member in writing of any errors in the statement Merchant received from NOVA. Your written notice must include: (i) Merchant name and account number; (ii) the dollar amount of the asserted error; (iii) a description of the asserted error; and (iv) an explanation of why you believe an error exists and the cause of it, if known. That written notice must be received by NOVA within thirty (30) days after you receive the statement containing the asserted error. If you fail to provide such notice to NOVA within said thirty (30) days, NOVA and Member shall not be liable to you for any errors you assert at a later date. You may not make any claim against Member or NOVA for any loss or expense relating to any asserted error for sixty (60) days immediately following NOVA's receipt of your written notice. During that sixty (60) day period, NOVA will be entitled to investigate the asserted error, and you shall not incur any cost or expense in connection with the asserted error without notifying NOVA. d) Depository Institution. Merchant authorizes its depository institution to grant NOVA and/or Member access to any and all information or records regarding the DDA. You hereby release NOVA and Member for any action they take against the DDA or Reserve Account pursuant to the Agreement. You also release the depository institution at which you maintain your DDA for acting in accordance with any instruction from NOVA and/or Member regarding the DDA. e) ACH Authorization. You authorize Member, NOVA, and their respective vendors and agents to initiate debit/credit entries to the DDA and the Reserve Account, all in accordance with the Agreement. This authorization will remain in effect after termination of the Agreement and until all of your obligations to NOVA and Member have been paid in full. In the event you change the DDA, this authorization will apply to the new account and you shall provide NOVA and Member such information regarding the new DDA as they deem necessary. It may take NOVA up to ten (10) business days after NOVA's receipt of a written notice from you to reflect in its system any change to your DDA. 6) RESERVE ACCOUNT, RECOUPMENT, AND SET-OFF. a) Reserve Account. i) Establishment. NOVA may establish a Reserve Account in the Reserve Amount upon the occurrence of a Reserve Event for the purpose of providing a source of funds to pay Member and NOVA for any and all amounts owed by you. Member and NOVA shall have sole control of the Reserve Account. ii) Reserve Amount. The Reserve Amount is equal to the aggregate dollar value of: [(average % credits to processing volume during the same period + average % Chargebacks to processing volume during the same period) multiplied by four] multiplied by [average monthly processing volume] plus [one month's average fees] plus [# days delayed delivery multiplied by the average day's processing volume]. For purposes of this calculation, the number of days delayed delivery means the number of days between the date on which the Cardholder's Payment Device is charged and the date the Cardholder receives and is satisfied with the product. Further, for purposes of this calculation, NOVA will determine, in its sole discretion, the applicable period considering factors such as Merchant's sales growth and seasonality. iii) Reserve Event. The following will constitute Reserve Events: (a) fraudulent activity in any monthly period that equal or exceeds one percent (1%) of Merchant's average monthly volume over the preceding twelve (12) month period, (b) Chargebacks in any monthly period that equal or exceed I% of the total dollar value of incoming items to NOVA, (c) NOVA's reasonable belief that Merchant has accepted deposits but has not delivered the goods or services, (d) the commencement of a Bankruptcy Proceeding by or against you, (e) termination of the Agreement for any reason, (f) nonpayment of amounts owed to NOVA or Member, and (g) the occurrence of an adverse change in your financial condition. iv) Funding. Member and NOVA may fund the Reserve Account up to the Reserve Amount by any one or more of the following means. 6 of 26 NOV City of Eden Prairie, Minnesota FINAL Custom Government Terms of Service - Direct Debit (USB) v 6.30.06 I{126.07.doc (1) Member and NOVA may require you to deposit into the Reserve Account funds in an amount determined by NOVA; (2) Member and NOVA may debit the DDA in any amount; (3) Member and NOVA may deposit into the Reserve Account funds they would otherwise be obligated to pay you. v) Use of Funds in Reserve Account. Member or NOVA may, without notice to you, apply funds in the Reserve Account against any outstanding amounts you owe or future amounts you will owe under the Agreement or any other agreement between you and Member or NOVA. Also, Member or NOVA may debit the Reserve Account to exercise their rights under the Agreement including, without limitation, their rights of set-off and recoupment to collect any amounts due to Member or NOVA. Further, you agree that NOVA or Member may be required to send funds in a Reserve Account to a third party in response to a tax levy or other court order. vi) Termination of Reserve Account. Funds held in the Reserve Account shall remain in the Reserve Account until each of the following has occurred: (1) the Agreement has been terminated; and (2) Merchant has paid in full all amounts owing or that could ever be owed under the Agreement, including all Chargebacks, returns, adjustment, fees, fines, penalties, and any other payments due under the Agreement. In no event shall you be entitled to a return of any funds remaining in the Reserve Account before 270 days following the effective date of termination of the Agreement. b) Recoupment and Set-off. Member and NOVA have the right of recoupment and set-off. This means that they may offset any outstanding or uncollected amounts owed to them from: (i) any amounts they would otherwise be obligated to deposit into the DDA; and (ii) any other amounts they may owe you under the Agreement or any other agreement. You acknowledge that in the event of a Bankruptcy Proceeding, in order for you to provide adequate protection under Bankruptcy Code Section 362 to NOVA and Member, you must create or maintain the Reserve Account as required by NOVA and/or Member and either of them shall have the right to offset against the Reserve Account for any and all obligations you may owe to NOVA and Member, without regard to whether the obligations relate to Transaction Receipts initiated or created before or after the filing of the bankruptcy petition. c) Remedies Cumulative. The rights conferred upon Member and NOVA in this section are not intended to be exclusive of each other or of any other rights and remedies of Member and NOVA under the Agreement, at law or in equity. Rather, each and every right of Member and NOVA under the Agreement, at law or in equity is cumulative and concurrent and in addition to every other right. 7) FEES; OTHER AMOUNTS OWED; TAXES. a) Fees. You will pay Member and NOVA fees for services, supplies, and equipment in accordance with Schedule A, Schedule of Fees. Such fees will be calculated and debited from the DDA once each month for the previous month's activity, or will be deducted from the funds due you under the Agreement. In addition, you will pay NOVA at its standard rates for research including, but not limited to, research required to respond to any third party or government subpoena, levy, or garnishment on your account. The fees set forth in the Agreement will not be amended by NOVA for the Initial Term of the Agreement except to pass through to you increases in interchange, assessments, or fees imposed by a third party. b) Other Amounts Owed. You will immediately pay NOVA or Member any amount incurred by NOVA or Member attributable to the Agreement, including, without limitation, Chargebacks, returns, adjustments, fees, fines, penalties (including all fines and penalties assessed by the Payment Networks as a result of your Transaction processing), and any other payments due under the Agreement. NOVA or Member may debit these amounts from your DDA by ACH, and in the event such ACH does not fully reimburse NOVA or Member for the amount owed, you will 7 of 26 NOV City of Eden Prairie, Minnesota FINAL Custom Government Terms of Service - Direct Debit (USEI) v 6.30.06 10.26.07.doc immediately pay NOVA or Member such amount. NOVA will charge interest, as allowed by Law, on all uncollected items that are more than thirty (30) days past due. c) Taxes. You are also obligated to pay all taxes and other charges imposed by any governmental authority on the goods and services provided under the Agreement. If you are a tax-exempt entity, you will provide NOVA and Member with an appropriate certificate of tax exemption. 8) ACCURACY OF INFORMATION; HOLD HARMLESS; LIMITATION OF LIABILITY; PERFORMANCE. a) Accuracy of Information. You represent and warrant to Member and NOVA that all information provided to NOVA in the Merchant Application, in the bid process if applicable, or otherwise in the Agreement is correct and complete. You must notify NOVA in writing of any changes to such information, including, without limitation, any additional location or new business at which you desire to accept payment services, type of goods and services provided, and how sales are completed (i.e., by telephone, mail, electronic commerce, or in person at your place of business). The notice must be received by NOVA at least ten (10) business days prior to the change. You will provide any additional information requested by NOVA within a reasonable time. You will hold harmless Member and NOVA for all losses and expenses incurred by Member or NOVA arising out of any such change, whether or not reported to NOVA, or your failure to provide requested information. NOVA may immediately terminate the Agreement upon notification by you of a change to the information in the Merchant Application. You authorize NOVA and Member to contact credit reporting agencies and your creditors to make inquiries and obtain reports regarding your credit standing upon NOVA's or Member's receipt of the Merchant Application. b) Hold Harmless. As between Merchant, NOVA and Member, Merchant will be responsible for, and will at its own expense, defend itself against any and all suits, claims, losses, demands or damages, arising out of or in connection with any dispute with any Cardholder or third party relating to any Transaction or any breach by Merchant of any of its obligations under this Agreement. Merchant hereby releases NOVA and Member from any and all liabilities, claims, losses, costs, expenses and demands of any kind or nature, arising out of or in connection with such Transactions and Merchant breaches. c) Limitation of Liability. Merchant acknowledges that NOVA and Member's fees for the services provided to Merchant are very small in relation to the funds advanced to Merchant for Transactions and consequently NOVA's and Member's willingness to provide these services is based on the liability limitations contained in the Agreement. Therefore, in addition to greater limitations on NOVA's or Member's liability that may be provided elsewhere, any liability of NOVA and Member under the Agreement, whether to you or any other party, whatever the basis of the liability, will not exceed, in the aggregate, an amount equal to the fees paid by you during the last six (6) months. In no event will NOVA, Member, or their agents, officers, directors, or employees be liable for indirect, exemplary, punitive, special, or consequential damages. d) Performance. NOVA and Member will perform all services in accordance with the Agreement. NOVA makes no other warranty, express or implied, regarding the services, and nothing contained in the Agreement will constitute such a warranty. NOVA and Member disclaim all implied warranties, including those of merchantability and fitness for a particular purpose. Neither NOVA nor Member shall be liable for any failure or delay in its performance of the Agreement if such failure or delay arises for reasons beyond the control of NOVA or Member and without the fault or negligence of NOVA or Member. 9) REPRESENTATIONS AND WARRANTIES. You represent and warrant to NOVA and Member as of the time the Agreement is effective, and reaffirm to NOVA and Member each time a Transaction is effected during the initial term or any renewal term of the Agreement, the following: a) Information. All information provided in the Merchant Application, in the bid process if applicable, or any other document submitted to NOVA is true and complete and properly reflects the business, financial condition and officers of Merchant. NOVA has the right to rely upon 8 of 26 N•VA City of Eden Prairie, Minnesota FINAL Custom Government Terms of Service - Direct Debit (USD) v 6.30.06 0.26.07.doc written instructions submitted by you to request changes to your business information. You may request written confirmation of NOVA's consent to the changes to your business information. You will not submit Transactions for processing to NOVA or Member for any businesses, products, or methods of selling other than those set forth in the Merchant Application at the time Merchant applies for services without the prior written consent of NOVA. b) Authority to Execute. Merchant and the persons signing the Agreement have the power to execute and perform the Agreement. Merchant represents and warrants that the person executing the Agreement is duly authorized to bind Merchant and each affiliated entity identified in Schedule B to all provisions of the Agreement as if each affiliated entity had executed the Agreement, and that such person is authorized to execute any document and to take any action on behalf of Merchant which may be required by NOVA, now or in the future. Further, you represent and warrant that signing and/or performing in accordance with the Agreement will not violate any Law, or conflict with any other agreement to which you are subject. c) No Litigation. There is no action, suit, or proceeding pending, or to your knowledge, threatened which if decided adversely would impair your ability to carry on your business substantially as now conducted or which would adversely affect your financial condition or operations. You have never been placed on the MasterCard MATCH" system (formerly known as the Combined Terminated Merchant File), or, if you have, you have disclosed that fact to NOVA in writing. d) Transactions. All Transactions are bona fide. No Transaction involves the use of a Payment Device for any purpose other than the purchase of goods or services from you or a return or adjustment related to such purchase. No Transaction involves a Cardholder obtaining cash from you unless allowed by the Payment Network Regulations and weed to in writing with NOVA. e) Compliance with Laws and Regulations. You will comply with all Laws and Payment Network Regulations. f) Business Use. You are obtaining and using the processing services from NOVA for business purposes only and to facilitate lawful business Transactions between yourself and your customers. You also acknowledge that the DDA into which debits and credits are made is being used for lawful business purposes only. 10) AUDIT AND INFORMATION. a) Audit. You authorize NOVA and Member to perform an audit of your business, at NOVA's or Member's expense, to confirm compliance with the Agreement. You will obtain and submit a copy of an audit from a third party acceptable to NOVA of the financial, physical security, information security, and operational facets of your business at your expense when requested by the Payment Networks or required by the Payment Network Regulations. Further, you acknowledge and agree that the Payment Networks have the right to audit your business to confirm compliance with the Payment Network Regulations. b) Information. i) Authority. You authorize NOVA and Member to make, from time to time, any business or other inquiries they consider necessary to review the Merchant Application or continue to provide services under the Agreement. You also authorize any person or credit reporting agency to compile information to answer those credit inquiries and to furnish that information to NOVA. ii) Financial Information. Upon the request of either NOVA or Member, you will provide NOVA and Member audited financial statements prepared by an independent certified public accountant selected by you. You further agree to provide to NOVA and Member such other information regarding your financial condition as NOVA and/or Member may request from time to time. Within 120 days after the end of each fiscal year, you will furnish NOVA, as requested, a financial statement of profit and loss for the fiscal year and a balance sheet as of the end of the fiscal year. c) Customer Identification. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record 9 of 26 NOV City of Eden Prairie, Minnesota FINAL Custom Government Terms of Service - Direct Debit (USB) v 6.30.06 10.26.07,doe information that identifies each person who opens an account. Accordingly, you must provide certain information and identifying documents to allow NOVA and Member to identify you. 11) RESPONSIBILITY FOR ACTIONS. You are responsible for the actions of or failure to act by your officers, directors, employees, agents, business invitees, and those of any other Person who, with or without your consent or cooperation, obtains access to information related to Transactions. 12) FRAUD MONITORING. You are solely responsible for monitoring your Transactions and the actions of your officers, directors, employees, agents, business invitees, third party vendors including Value Added Services, and those of any other Person who, with or without your consent or cooperation, obtains access to your Transactions, for fraudulent or other suspicious activity. NOVA and Member are under no duty to monitor Merchant's transactions for fraudulent or other suspicious activity. 13) BUSINESS CONTINUITY. Merchant is solely responsible for developing and maintaining a disaster recovery plan. Merchant should test the operation of such plan, or parts thereof, on a periodic basis to ensure its effectiveness in providing disaster recovery capability to Merchant. Merchant will maintain sufficient "backup" information and data (e.g., Transaction Receipts or detailed reporting) with respect to Transactions in order to reconstruct any information or data loss due to any system 'malfunction. NOVA is under no duty to recreate lost Transactions. 14) THIRD PARTIES. a) Products or Services. You may desire to employ Value Added Services to assist you. You shall not utilize any Value Added Services, unless you have disclosed such use to NOVA previously in writing, and unless such Value Added Services are fully compliant with all applicable Laws and Payment Network Regulations. You must ensure that any Value Added Service used by you is registered with the Payment Networks prior to the performance of any contracted services on your behalf. Further, you will be bound by the acts and omissions of the third party offering such Value Added Services and you will be responsible for ensuring compliance by the third party offering such Value Added Services with all applicable Laws and Payment Network Regulations. You will hold NOVA and Member harmless from and against any loss, cost, or expense incurred in connection with or by reason of your use of any Value Added Service. Neither NOVA nor Member is responsible for the Value Added Services provided by an unaffiliated third party and neither NOVA nor Member is responsible for any Transaction until NOVA receives data for the Transaction in the format required by NOVA. b) Use of POS Devices Provided by Others. In addition to the foregoing, if you use Value Added Services for the purposes of data capture and/or authorization, you agree: (i) that the third party providing such services will be your agent in the delivery of Transactions to NOVA and Member via a data processing system or network compatible with NOVAts; and (ii) to assume full responsibility and liability for any failure of that third party to comply with applicable Laws and the Payment Network Regulations or the Agreement. Neither Member nor NOVA will be responsible for any losses or additional fees incurred by you as a result of any error by a third party agent or by a malfunction in a third party POS Device. Neither NOVA nor Member is responsible for any Transaction until NOVA receives data for the Transaction in the format required by NOVA. 15) TERM AND TERMINATION. a) Term. Unless terminated as set forth below, the Agreement will remain in effect for a period of three (3) years ("Initial Term") following the Effective Date. Thereafter, the Agreement will renew for successive two (2) year terms ("Renewal Term") unless terminated as set forth below. 10 of 26 NOVI City of Eden Prairie, Minnesota FINAL Custom Government Terms of Service - Direct Debit (USB) v 6.30.06 10.26.07.doe b) Termination. I) Merchant. (1) The Agreement may be terminated by you effective at the end of the Initial Term or any Renewal Term by providing written notice of an intent not to renew to NOVA at least one hundred twenty (120) days prior to the expiration of the then current term. (2) The Agreement may be terminated by you in the event of a material breach of the terms of the Agreement by Member or NOVA, provided you give Member and NOVA written notice of any alleged breach and such breach remains uncured for a period of sixty (60) days following receipt of written notice by the party you claim to be in breach of the Agreement. (3) The Agreement may be terminated by you in the event that sufficient legislative appropriation is not available, provided that you give NOVA and Member sixty (60) days notice prior to termination. ii) NOVA or Member. (1) The Agreement may be terminated by Member or NOVA effective at the end of the Initial Term or any Renewal Term by providing written notice of an intent not to renew to you at least one hundred twenty (120) days prior to the expiration of the then current term. (2) The Agreement may be terminated by NOVA or Member immediately upon the occurrence of one or more of the following: (a) The occurrence of an adverse change in your financial condition. (b) The garnishment or attachment of your deposit accounts with Member, the DDA, the Reserve Account, or any of your property in the possession of NOVA or Member. (c) The assignment of your assets generally for the benefit of creditors. (d) The commencement of a Bankruptcy Proceeding by or against you. (e) Any representation and warranty by a party is or becomes false or misleading in any material respect as of the date made, or becomes false or misleading at any time during the term of this Agreement, (f) Any Payment Network requires Member or NOVA to terminate this Agreement or cease processing transactions for you. (3) The Agreement may be terminated by NOVA or Member if, after providing thirty (30) days written notice, any of the following conditions remain: (a) The occurrence of Excessive Activity (defined in Section C(24)(c)). (b) The acceptance of Card Not Present Transactions without proper disclosure to NOVA and Member as set forth herein. (c) The failure to pay NOVA or Member any amount you owe NOVA or Member. (d) The failure by you to perform a material obligation of this Agreement. NOVA's and Member's rights of termination under the Agreement are cumulative. A specific right of termination in this section shall not limit any other right of NOVA or Member to terminate the Agreement expressed elsewhere. c) Notice of Termination. Notice of termination by Merchant, NOVA, or Member may be given orally or in writing, but if given orally, must be confirmed in writing as soon as practical. Termination shall be effective on the date specified by the oral or written notice; provided, however Merchant agrees that closing Merchant's account with NOVA may take up to thirty (30) days following NOVA's receipt of written notice of termination. In those limited instances where Merchant's account is reinstated by NOVA following termination by either Merchant or NOVA, all of Merchant's obligations under the Agreement are likewise reinstated and will renew for successive Renewal Terms effective on the date of reinstatement. d) Action Upon Termination. i) Accounts. All your obligations regarding Transactions processed prior to termination will survive termination. Funds related to Transactions processed prior to termination may be 11 of 26 NOVA City of Eden Prairie, Minnesota FINAL Custom Government Terms of Service - Direct Debit (UST3) v 630.06 I 0.26.07.doe placed in a Reserve Account until you pay all amounts you owe NOVA or Member or amounts for which you are liable under the Agreement. You must maintain enough funds in the DDA following termination to cover all Chargebacks, returns, adjustments, fees, fines, penalties, and other amounts due under the Agreement for a reasonable time, but in any event, not less than 180 days from termination. If a Reserve Account is established by NOVA, then any balance remaining after Chargeback rights have expired and all other amounts owed by you have been paid will be disbursed to you. ii) Equipment. If your equipment is leased, you are obligated to honor the terms and conditions of your leasing contract. If your equipment is owned by NOVA, you must return all equipment owned by NOVA within ten (10) business days and immediately pay NOVA any amounts you owe for such equipment. iii) Return to NOVA. All promotional materials, advertising displays, emblems, Transaction Receipts, Credit Transaction Receipts, and other forms supplied to you and not purchased by you or consumed in use will remain the property of NOVA and must be returned to NOVA or destroyed within ten (10) business days after termination of the Agreement. You will be fully liable for any and all loss, cost, and expense suffered or incurred by NOVA arising out of any failure to return or destroy such materials following termination. 16) COMPLIANCE WITH LAWS AND PAYMENT NETWORK REGULATIONS; MATCH 114 . a) Compliance with Laws and Payment Network Regulations. You agree to comply with the Payment Network Regulations, including all requirements applicable to obtaining authorization for ACH debits from a consumer account, and with any policies and procedures provided by Member or NOVA. The Payment Network Regulations are incorporated into the Agreement by reference as if they were fully set forth in the Agreement. You further agree to comply with all Laws, including without limitation, Laws related to: (i) Payment Devices; and (ii) electronic fund transfers; and (iii) confidential treatment of information. You will assist Member and NOVA in complying in a complete and timely manner with all Laws and Payment Network Regulations now or hereafter applicable to any Transaction or the Agreement. You will execute and deliver to Member and NOVA all documents they may from time to time reasonably deem necessary to verify your compliance with this provision. b) MATCH Tm . You acknowledge that Member and/or NOVA is required to report Merchant's business name and, if applicable, the name of Merchant's principals to the MATCH Tm listing maintained by MasterCard and accessed by Visa pursuant to the requirements of the Payment Network Regulations. You specifically consent to the fulfillment of the obligations related to the listing by NOVA and Member, the listing itself and you waive and hold harmless NOVA and Member from all claims and liabilities you may have as a result of such reporting. c) Security Program Compliance. You must comply with the requirements of the Payment Card Industry (PC1) Data Security Standard including the Cardholder Information Security Program (C1SP) of Visa and the Site Data Protection Program (SDP) of MasterCard, as applicable, and any modifications to, or replacements of such programs that may occur from time to time. You also shall ensure that all third parties from whom you procure Value Added Services or third party POS Devices comply with the requirements of those programs. Upon request, NOVA will provide you with the respective website links to obtain the current requirements of the Visa and MasterCard programs. You are responsible for your own actions or inactions, those of your officers, directors, shareholders, employees and agents, including any third party vendors with whom you contract to perform services for you. You shall hold NOVA and Member harmless from any liability, loss, cost, or expense resulting from the violation of any of the program requirements by any of the individuals or entities listed in the immediately preceding sentence. Should you participate in a program with any other Payment Network or Issuer, or accept a Payment Device of any other Payment Network that has a security program in place, you must comply therewith and ensure that your officers, directors, shareholders, employees, and agents, 12 of 26 NOVI City of Eden Prairie, Minnesota FINAL Custom Government Terms of Service - Direct Debit (USB) v 6.30.06 10.26.07.doe including any third party vendors from whom you procure Value Added Services or third party POS Devices also comply with the program requirements of such Payment Network. d) Data Compromise. You must notify us immediately (and if notice is given orally, it must be confirmed in writing within two (2) business days), if you know or suspect that Cardholder information has been accessed or used without authorization. You must take immediate steps to preserve all business records, logs and electronic evidence and contact local law enforcement authorities including the local FBI and U.S. Secret Service. You must work with us to rectify any issues that may result, including providing us with (and obtaining any waivers necessary for) all relevant information to verify your ability to prevent future data incidents in a manner consistent with this Agreement. Without waiving any of our rights and remedies, you are liable for all fraudulent transactions related to such data incident and all costs NOVA or Member incur as a result of such incident, including claims from third parties and all costs related to the notification of Cardholders and cancellation and re-issuance of Cards, forensic investigation, and PC1 review for a report of compliance. You must provide to us, on request, audit reports of your computer systems or data incidents or allow us to perform such audits, at your expense. Audits must identify the cause of the data incident and confirm whether or not you were in compliance with the Payment Networks' PCI Data Security Standard at the time of the incident. 17) USE OF TRADEMARKS; CONFIDENTIALITY; PASSWORDS. a) Use of Trademarks. You will prominently display the promotional materials provided by NOVA in your place of business. Your use of Visa and MasterCard marks, as well as marks of other Payment Networks, will fully comply with the Payment Network Regulations. Your right to use all such marks will terminate upon termination of the Agreement. Your use of promotional materials, provided by Visa., MasterCard, and/or other Payment Networks will not indicate, directly or indirectly, that Visa, MasterCard, or such other Payment Networks endorse any goods or services other than their own and you may not refer to Visa, MasterCard, or any other Payment Networks in stating eligibility for your products or services. b) Confidentiality. i) Cardholder and Transaction Information. You shall, at all times protect the confidentiality of Cardholder and Transaction information in accordance with all applicable Laws and Payment Network Regulations. You will not disclose Cardholder or Transaction information to any third party, except to an agent of yours assisting in completing a Transaction, or as required by Laws or the Payment Network Regulations. You must maintain all systems and media containing Cardholder and Transaction information in a secure manner to prevent access by or disclosure to anyone other than your authorized personnel. You must maintain Cardholder and Transaction information for such time periods as may be required by Laws and the Payment Network Regulations and thereafter destroy, in a manner that will render the data unreadable, all such media that you no longer deem necessary or appropriate to maintain. Further, you must take all steps reasonably necessary to ensure that Cardholder and Transaction information is not disclosed or otherwise misused. You may not retain or store magnetic stripe or CVV2/CVC2 data after authorization for record keeping or additional authorization processing. In accordance with Section B(16)(d), Merchant shall immediately notify NOVA of any Cardholder or Transaction information compromise of which it becomes aware whether such compromise occurred at: (i) the Merchant; (ii) a third party from whom Merchant procures Value Added Services; (iii) NOVA or Member; or (iv) elsewhere. ii) Bankruptcy. In the event of failure or other suspension of your business operations, including bankruptcy or insolvency, you must not sell, transfer, or disclose any materials that contain Cardholder or Transaction information to third parties. You must: (1) Return this information to NOVA, or (2) Provide acceptable proof of destruction of this information to NOVA. 13 of 26 NOVA City of Eden Prairie, Minnesota FINAL Custom Government Terms of Service - Direct Debit (USEi) v 6.30.06 10.26.07.cloc iii) NOVA or Member Confidential Information. You shall at all times protect NOVA's and Member's Confidential Information. You will not disclose any of NOVA's or Member's Confidential Information to any third party except as required by Laws. c) Passwords. If you receive a password from NOVA to access any of NOVA's databases or services you will: (i) keep the password confidential; (ii) not allow any other entity or person to use the password or gain access to NOVA's databases or services; (iii) be liable for all action taken by any user of the password; and (iv) promptly notify NOVA if you believe NOVA's databases or services or your information has been compromised by use of the password. If you receive passwords from a third party, you must protect such passwords in the manner required by such third party and hold NOVA and Member harmless from any losses, costs, or expenses that arise from your use or misuse of such third party passwords. d) Proprietary Interest. Merchant has no interest whatsoever, including, without limitation, copyright interests, franchise interests, license interests, patent rights, property rights, or other interest in any services, software, or hardware provided by NOVA. Nothing in the TOS shall be construed as granting Merchant any patent rights or patent license in any patent which NOVA may obtain in respect to NOVA's services, software, or equipment. Merchant will make no attempt to duplicate or otherwise ascertain the components, circuit diagrams, logic diagrams, flow charts, source and object code, schematics or operation of, or otherwise attempt to reverse engineer any of NOVA's services, equipment, or software. 18) MISCELLANEOUS PROVISIONS. a) Entire Agreement The Agreement, Payment Network Regulations, and any amendment or supplement to either, constitutes the entire agreement between the parties, and all prior or other representations, written or oral, are merged in and superseded by the Agreement. In the event of a conflict between the documents comprising the Agreement, the following order of priority will apply: (1) any Addendum; (ii) the TOS; (iii) the Payment Network Regulations; (iv) the Merchant Application; (v) the Merchant Operating Guide; and (vi) any other guides or manuals provided to Merchant from time to time. b) Construction. Any alteration or strikeover in the text of this preprinted TOS will have no binding effect and will not be deemed to amend the Agreement. The headings used in the TOS are inserted for convenience only and will not affect the interpretation of any provision. The language used will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party. c) Assignability. The Agreement may be assigned by Member or NOVA, but may not be assigned by Merchant, directly or by operation of law, without the prior written consent of NOVA. If you, nevertheless, assign the Agreement without NOVA's consent, the Agreement will be binding on the assignee as well as you. d) Notices. Any written notice to the Merchant under the Agreement will be deemed received upon the earlier of: (i) actual receipt; or (ii) five (5) business days after being deposited in the United States mail, or with a nationally recognized overnight carrier, and addressed to the last address shown on the records of NOVA. Any written notice to NOVA, shall be sent by U.S. mail or a nationally recognized overnight carrier to: 7300 Chapman Highway, Knoxville, TN 37920, and shall be deemed received only upon actual receipt. e) Bankruptcy. You will immediately notify NOVA of any Bankruptcy Proceeding, receivership, insolvency, or similar action or proceeding initiated by or against Merchant. You will include NOVA on the list and matrix of creditors as filed with the Bankruptcy Court, whether or not a claim may exist at the time of filing. Failure to do so will be cause for immediate termination of the Agreement and shall allow the pursuit of any other action available to NOVA under applicable Payment Network Regulations or Laws. You acknowledge that the Agreement constitutes an executory contract to make a loan, or extend other debt financing or financial accommodations to, or for the benefit of you, and, as such, cannot be assumed or assigned in the event of your bankruptcy. 14 of 26 OVA City of Eden Prairie, Minnesota FINAL Custom Government Terms of Service Direct Debit (USB) v 6.30.06 I 0.26.07.doc f) Attorneys' Fees. The non-prevailing party will be liable for and will reimburse the other parties for all attorneys' fees and other costs and expenses paid or incurred in the enforcement of this Agreement, or in collecting any amounts due or resulting from any breach of the Agreement. g) Customer Contact. You authorize Member and NOVA to contact your customers or their Issuer if Member or NOVA determines that such contact is necessary to obtain information about any Transaction between you and a customer. h) Telephone Recording. You authorize NOVA to monitor and record telephone conversations at any time without further notice to the parties to such conversations. The decision to record any conversation shall be solely in NOVA's discretion. i) Information Sharing. You understand and agree that NOVA may disclose any information gathered by NOVA to (i) NOVA's "affiliates" (i.e., companies related to us by common control or ownership) that offer financial products or services, including those identified in the Agreement and to NOVA's administrative or service units that perform such functions; (ii) to non-affiliated companies to assist NOVA in providing the products and services Merchant has requested; (iii) to credit rating agencies; and (iv) as required by the Payment Network Regulations or the Laws (e.g., for tax reporting purposes or in response to a subpoena). j) Communication with Merchant. You agree that NOVA and Member may provide you with information about the Program including, without limitation, information about new products and/or services by telephone, electronic mail, and/or facsimile. k) Amendments. Member and NOVA may propose amendments or additions to the Agreement. Member or NOVA will inform you of a proposed change in a periodic statement or other notice. You will be deemed to have agreed to the change if you continue to present Transactions to Member and NOVA after thirty (30) days following the issuance of the notice. NOVA is entitled to pass through to you any fee increases imposed upon NOVA by Visa, MasterCard, any other Payment Network, and any other third party including telecommunications vendors. I) Severability and Waiver. If any provision of the Agreement is found to be illegal or otherwise unenforceable, the invalidity or unenforceability of that provision will not affect any of the remaining provisions and the Agreement will be construed as if the illegal or unenforceable provision is not contained in the Agreement. Neither the failure, the delay by NOVA or Member to exercise, nor the partial exercise of any right under the Agreement will operate as a waiver or estoppel of such right, nor shall such amend the Agreement. All waivers requested by you must be signed by NOVA. m) Independent Contractors. NOVA, Member, and you will be deemed independent contractors and no one will be considered an agent, joint venturer, or partner of the other, unless and to the extent otherwise specifically provided herein. This Agreement has been entered into solely for the benefit of the parties hereto and is not intended to create an interest in any third party. n) Privacy Laws. In addition to Section (B)(I7)(b) above, Merchant must take all commercially reasonable steps to protect the confidentiality of Cardholder and Transaction information and shall establish and maintain physical, technical and administrative safeguards to prevent unauthorized access by third parties to such Cardholder and Transaction information, using a standard of care at least equal to the standard required of NOVA to protect such information pursuant to applicable Laws, including without limitation the federal Health Insurance Portability and Accountability Act (HIPAA), the federal Gramm-Leach-Bliley Act or other applicable privacy laws. Further, a Merchant that is a "covered entity" or "business associate", as defined under HIPAA, must not use any product to store, transmit, or otherwise maintain "protected health information" as defined by HIPAA. NOVA is not a "business associate" as defined by HIPAA and it is not NOVA's practice to store or accept any information that would cause it to be a "business associate" under HIPAA. o) Survival. All or your obligations to NOVA and Member shall survive termination of the Agreement, including, without limitation, Sections (B)(4), (B)(5), (B)(6), (B)(7), (B)(8), (B)(1 I), (B)(14), (B)(I5)(d), (B)(I6), (B)(17) and (B)(18)(f) of the TOS. 15 of 26 NOVA City of Eden Prairie, Minnesota FINAL Custom Government Terms of Service - Direct Debit (USB) v 6.30.06 10.26.07.doc I)) Counterparts; Facsimile Signatures; Delivery. The Agreement may be signed in one or more counterparts, each of which shall constitute an original and all of which, taken together, shall constitute one and the same agreement. Delivery of the various documents and instruments comprising the Agreement may be accomplished by a facsimile transmission, and such a signed facsimile or copy shall constitute a signed original. Section C — Acceptance of Visa and MasterCard 19) ACCEPTANCE OF VISA AND MASTERCARD. Merchant agrees to the following provisions in addition to the Definitions in Section (A) and the General Provisions of Section (B) above: 20) VISA AND MASTERCARD DEFINITIONS. For purposes of this Section, "Credit Card" shall be deemed to be limited to a: (i) credit/business product of Visa; (ii) consumer debit/prepaid product of Visa; (iii) credit/business product of MasterCard; or (iv) consumer debit/prepaid product of MasterCard as applicable. The credit/business products of Visa are those products for which transactions by the Cardholder are paid by the Cardholder at least fifteen (15) days after the transaction including: (i) consumer credit products (including co-branded and smart Visa versions) such as Classic, Gold, Platinum, Signature, and Infinite cards; and (ii) business products such as business credit, business debit, business line of credit, and smart Visa business, purchasing cards, corporate cards, fleet cards, and commercial prepaid cards. The consumer debit/prepaid products of Visa are those products that for which Transactions by the Cardholder are paid by accessing the Cardholder's asset account immediately including: (i) consumer Visa check cards such as Classic, Gold, Platinum and Visa Check Card II; and (ii) consumer prepaid/EBT cards such as Visa Buxx, Visa Payroll, Visa gift cards (including incentives, promotional, and rebate), child support cards, unemployment cards, insurance claim cards, customer service cards, state disbursement cards (not including unemployment or child support), flexible spending account cards, general purpose reloadable and one-time use prepaid cards, and student aid college cards. The consumer debit/prepaid products of MasterCard include Cardholder signature debit cards, prepaid cards, stored value cards, EBT cards and payroll cards. The credit/business products of MasterCard include all other MasterCard products. 21) HONORING CREDIT CARDS. a) Honoring Cards. Merchant may choose to accept (i) only the credit/business products of Visa and/or MasterCard; (ii) only the consumer debit/prepaid products of Visa and/or MasterCard; or (iii) both the credit/business products and consumer debit/prepaid products of Visa and/or MasterCard. You must indicate your decision to accept a limited category of products on the Merchant Application and if you wish to discontinue acceptance of either category of products, you must provide NOVA with thirty (30) days advance written notice. If you choose to accept only one of the categories of products but later submit a Transaction outside of the selected category, NOVA and Member are not required to reject the Transaction and you will be charged our standard fees and expenses for that category of products. Further, if you choose a limited acceptance option, you must still honor all international cards presented for payment. Merchants who have decided to implement a limited acceptance policy are required to display appropriate signage to communicate that policy to Cardholders. b) No Minimum or Maximum. Merchant shall not establish minimum or maximum Credit Card Transaction amounts. c) Cardholder Identification. In Card Present Transactions, you will identify the Cardholder and check the expiration date and signature on each Credit Card. You will not honor any Credit Card if: (i) the Credit Card has expired; (ii) the signature on the Transaction Receipt does not correspond with the signature on the Credit Card, is blank, or uses language to the effect of "see id"; or (iii) the account number embossed on the Credit Card does not match the account number on the Credit Card's magnetic stripe. 16 of 26 NOVA City of Eden Prairie, Minnesota FINAL Custom Government Terms of Service Direct Debit (USB) v 6.30.06 11126.07.doc d) Credit Card Recovery. You will use reasonable, peaceful means to recover any Credit Card: (i) on Visa Cards, if the printed four digits below the embossed account number do not match the first four digits of the embossed account number; (ii) if you are advised by Member (or its designee), the Issuer, or the designated voice authorization center to retain it; (iii) if you have reasonable grounds to believe the Credit Card is lost, stolen, counterfeit, fraudulent, or otherwise invalid, or its use is not authorized by the Cardholder; or (iv) for MasterCard Cards, if the printed four digits below the embossed account number do not match the first four digits of the embossed account number, or the Credit Card does not have the "Twin Globes" hologram on the lower right corner of the Credit Card face. e) Surcharges. You will not add any amount to the posted price of goods or services you offer as a condition of paying with a Credit Card, except as permitted by the Credit Card Rules. This paragraph does not prohibit you from offering a discount to induce a person to pay by cash, check, or similar means rather than by Credit Card. f) Convenience Fees. You may not assess Convenience Fees unless you have disclosed such fees to NOVA previously in writing and you have been approved by NOVA to assess such fees. If you complete a Transaction and assess a Convenience Fee without having disclosed such fee previously in writing and obtained NOVA's consent, you will be in breach of the Agreement and NOVA may immediately terminate the Agreement in addition to any other remedies available under the Agreement, Laws, and Payment Network Regulations. Transactions that include a Convenience Fee must comply with each of the following requirements: i. A Convenience Fee cannot be assessed in a face-to-face merchant environment. ii. The Convenience Fee is permitted only for one-time payments and may not be imposed on recurring payments or transactions. Examples of recurring charges include, but are not limited to, insurance premiums, subscriptions, Internet service provider monthly fees, membership fees, tuition or utility charges. iii. You must provide a true "convenience" in the form of an alternative payment channel outside of your customary payment channels, and the Convenience Fee must be disclosed by you to the Cardholder as a charge for the alternative payment channel convenience that is provided. iv. The Convenience Fee must be disclosed prior to the completion of the Transaction, and the Cardholder must be given the option to cancel the Transaction if the Cardholder does not want to pay the fee. v. The Convenience Fee must be included in the total amount of the Transaction; it cannot be "split" out from the Transaction amount. The only exception is for card acceptance programs involving only MasterCard Credit Cards where Visa Credit Cards are not accepted. vi. If a Convenience Fee is assessed it must be for all payments (Visa, MasterCard, Discover, AMEX, ACH, and check) within a particular payment channel (mail, telephone, and internet). vii. Additional Visa Convenience Fee Requirements are as follows: (i) it must be a flat fee; (ii) it cannot be tiered or percentage based regardless of the value of the payment due; (iii) it must not be authorized and settled separately from the primary transaction; (iv) the fee must be assessed by the same Merchant actually providing the goods and services; and (v) the fee may not be assessed by a different merchant. viii. Additional MasterCard Convenience Fee Requirements are as follows: (i) the fee may be tiered, percentage based, or flat; and (ii) the fee may be authorized and settled separately from the primary transaction. ix. Merchants who accept both Visa and MasterCard Credit Cards are restricted to assessing Convenience Fees equally across card types and as such the Merchant is restricted to a fiat Convenience Fee and must combine all charges into one authorization and clearing Transaction. 17 of 26 VA City of Eden Pmirie, Minnesota FINAL Custom Government Terms of Service - Direct Debit (USB) v 6.30.06 10.26.07.doc x. To the extent Merchant's state or other governing body has passed legislation that requires Convenience Fee assessment by government agencies as a component of card acceptance, such laws may conflict with the Payment Network Regulations. Merchant bears all responsibility for, and agrees to hold NOVA and Member harmless from, all liability associated therewith, including all fees, fines and penalties levied by the Payment Networks. xi. Convenience Fees may be prohibited by Laws in some States. Merchant may not charge Convenience Fees where prohibited by Laws. xii. In no event is a Convenience Fee to be referred to as a surcharge or advertised as an offset to processing fees. xiii. If you have received approval from Visa to participate in the Tax Payment Pilot Program, then you may assess a variable service fee so long as: (i) only eligible tax payments are accepted (personal income, personal property, real property, unemployment, business income and sales and use taxes); (ii) Cardholders are notified of the fee and given the opportunity to opt-out of the Transaction; (iii) the variable fee must be processed as a separate Transaction and not combined with the tax payment; (iv) the variable fee may be assessed on all payment channels and the fee cannot be higher than any other card-based payment offered through the same channel; and (v) you submit appropriate reports of CISP compliance to Visa and receive Visa approval and certification annually. Return Policy. You must properly disclose to the Cardholder, at the time of the sales Transaction and in accordance with the Credit Card Rules, any limitation you have on accepting returned merchandise. h) No Claim Against Cardholder. You will not have any claim against, or right to receive payment from, a Cardholder or any other customer in any Transaction unless Member or NOVA refuses to accept the Transaction Receipt or revokes its prior acceptance of the Transaction Receipt (after receipt of a Chargeback or otherwise). You will not accept any payments from a Cardholder relating to previous charges for merchandise or services included in a Transaction Receipt, and if you receive such payments, you will promptly remit them to NOVA. i) Disputes With Cardholders. Aft disputes between you and any Cardholder relating to any Transaction will be settled between you and the Cardholder. Neither NOVA nor Member bears any responsibility for such Transactions or disputes, other than with respect to processing Chargebacks under the Credit Card Rules. 22) AUTHORIZATION. a) Required on all Transactions. You must obtain an Authorization Code before completing any sales Transaction. An Authorization Code verifies the Credit Card number is valid, the Credit Card has not been reported lost or stolen at the time of the sales Transaction, and confirms the amount of credit or funds requested for the sales Transaction is available. You will follow any instructions received during Authorization. Upon receipt of an Authorization Code, you may consummate only the sales Transaction authorized and must note the Authorization Code on the Transaction Receipt. In any case in which a sales Transaction is completed without imprinting the Credit Card, the Merchant, whether or not an Authorization Code is obtained, shall be deemed to warrant the true identity of the customer as the Cardholder. For all Card Not Present sales Transactions, you must obtain the Credit Card expiration date, Cardholder address and telephone number, and CVV2/CVC2 number and forward them as part of the Authorization. b) Effect. An Authorization Code does not: (i) guarantee the Merchant final payment for a sales Transaction; (ii) guarantee that the sales Transaction will not be disputed later by the Cardholder as any sales Transaction is subject to Chargeback; or (iii) protect you in the event of a Chargeback regarding unauthorized sales Transactions or disputes involving the quality of goods or services. Authorization Codes will not waive any provision of the TOS or otherwise validate a fraudulent sales Transaction or a sales Transaction involving the use of an expired Credit Card. 18 of 26 \OVA City of Eden Prairie, Minnesota FINAL Custom Government Terms of Service - Direct Debit (USB) v 6.30.06 10.26.07.doc c) Unreadable Magnetic Stripes. For Card Present Transactions, if you authorize and present Transactions electronically and your terminal is unable to read the magnetic stripe on the Credit Card, you must obtain the following in addition to key-entering the Transaction into the POS Device for processing: (i) a physical imprint of the Credit Card using a manual imprinter and (ii) the Cardholder's signature on the imprinted Transaction Receipt. 23) PRESENTMENT OF TRANSACTION RECEIPTS. a) Transaction Receipts. i) Card Present and Card Not Present Transactions (other than Electronic Commerce Transactions). You will use a Transaction Receipt to document each Card Present and Card Not Present Transaction. Each such Transaction Receipt must include: (I) Card account number (truncated account number required on the Cardholder's copy) including the specific payment brand (i.e. Visa or MasterCard). (2) Merchant name and location. (3) Location Code (i.e., merchant identification number issued by NOVA). (4) Transaction amount, including applicable taxes. (5) Transaction date. (6) Space for Cardholder signature for Card Present Transactions. (7) Indication of who shall receive each copy of the Transaction Receipt (e.g., Merchant Copy, Bank Copy, Cardholder Copy). (8) Authorization Code. (9) Terms and conditions of the sale, if restricted. If the Merchant is accepting consumer debit products of Visa or MasterCard, no data referencing the Cardholder's PIN number shalt be printed on the receipt. ii) Electronic Commerce Transactions. You will use a Transaction Receipt to document each Electronic Commerce Transaction. Each such Transaction Receipt must include: (1) Card account number (truncated account number required on the Cardholder's copy) including the specific payment brand (i.e. Visa or MasterCard). (2) Merchant name. (3) Merchant online address. (4) Purchaser name. (5) Authorization Code. (6) Transaction amount. (7) Transaction date. (8) Customer service contact, including telephone number. (9) Terms and conditions of the sale, if restricted. b) Signatures. In Card Present Transactions, Transaction Receipts must be signed by the Cardholder. The requirement for the Cardholder's signature on the Transaction Receipt will only be waived if the Credit Card Transaction is a valid Card Not Present Transaction which fully complies with the requirements set forth in the TOS. c) Reproduction of Information. For Card Present Transactions, if the following information embossed on the Credit Card is not legibly imprinted on the Transaction Receipt, you will legibly reproduce on the Transaction Receipt the: (i) Cardholder's name; (ii) account number; (iii) expiration date; and (iv) Merchant's name and place of business. Additionally, for MasterCard Transactions, on the Transaction Receipt you will legibly reproduce the name of the bank that issued the Credit Card as it appears on the face of the Credit Card. d) Truncation. i) The Credit Card account number must be truncated on all Cardholder-activated Transaction Receipts. Truncated digits should be replaced with a fill character such as "x," "*," or and not with blank spaces or numeric characters. ii) Effective July I, 2003, all new POS Devices must suppress all but the last four digits of the Credit Card account number and the entire expiration date on the Cardholder's copy of the 19 of 26 NOVA City of Eden Prairie, Minnesota FINAL Custom Government Terms of Service - Direct Debit (USB) v 6,30.06 I 0.26.07.doe Transaction Receipt generated from electronic (including Cardholder-activated) POS Devices, Effective July 1, 2006, all existing POS Devices must comply with the rule set forth in this subsection. iii) These truncation rules do not apply to Transactions in which the only way to record a Credit Card account number is in handwriting or by making an imprint or copy of the Credit Card. e) Delivery and Retention of Transaction Receipts. For Card Present Transactions, you will deliver a complete and legible copy of the Transaction Receipt or Credit Transaction Receipt to the Cardholder at the time of the Transaction. For Card Not Present Transactions, you will deliver a complete and legible copy of the Transaction Receipt or Credit Transaction Receipt to the Cardholder promptly following completion of the Transaction in either electronic (e.g., e-mail or fax) or paper (e.g., handwritten or terminal-generated) format. You will retain the "Merchant Copy" of the Transaction Receipt or Credit Transaction Receipt for at least eighteen (18) months following the date of completion of the Credit Card Transaction (or such longer period as the Credit Card Rules or the Laws may require). 0 Electronic Transmission. If you utilize electronic Authorization and/or data capture services, you will enter the data related to Transactions into a POS Device and settle the Transactions and transmit the data to NOVA or its designated agent in the form specified by NOVA no later than the close of business on the date the Transactions are completed. If Member or NOVA requests a copy of a Transaction Receipt, Credit Transaction Receipt, or other Transaction evidence, you must provide it within the time frame specified in the request. 24) RETRIEVAL REQUESTS AND CHARGEBACKS; CREDITS; REPROCESSING; FRAUD; AND FACTORING. a) Retrieval Requests. You must respond to a Retrieval Request with a legible copy of the Transaction Receipt within the time frame specified. If you fail to provide a legible copy of the Transaction Receipt, you will receive a Chargeback that cannot be cured. b) Chargebacks. You are fully liable to NOVA and Member for all Transactions returned to NOVA or Member for whatever reason including, but not limited to, Chargebacks. You agree to accept for Chargeback and will be liable to Member and NOVA in the amount of any sale for which the Cardholder or Issuer disputes the validity of the sale for any reason. You will pay NOVA and Member on demand the value of all Chargebacks. You authorize NOVA and Member to offset from incoming Transactions and to debit the DDA and the Reserve Account for the amount of all Chargebacks. You will fully cooperate with NOVA and Member in complying with the Credit Card Rules regarding Chargebacks. The following is not to be considered a complete listing of the reasons for which you may incur a Chargeback. It is intended only to provide the most commonly encountered situations where a Chargeback may occur. i) Failure to respond to a Retrieval Request or failure to provide a legible, complete, or proper copy of a Transaction Receipt in response to a Retrieval Request, ii) Unauthorized use of a Credit Card as alleged by the Cardholder, iii) Dispute by the Cardholder over the quality of goods or services, iv) Failure by Merchant to provide goods or services, v) The Transaction Receipt does not bear the Cardholder's signature, vi) The Transaction Receipt represents a sales Transaction for which Authorization was initially declined and was subsequently obtained by means of multiple Authorization attempts or other means not permitted hereunder, vii) The Transaction Receipt fails to comply with the terms and conditions of the Agreement or fails to comply with the Credit Card Rules, viii) The sales Transaction was completed under circumstances constituting a breach of the Agreement. c) Excessive Activity. Your presentation to NOVA of Excessive Activity will be a breach of the Agreement and cause for termination of the Agreement as set forth in Section B(15)(b)(ii)(3). "Excessive Activity" means, during any monthly period, and for any one of Merchant's terminal 20 of 26 NOVA City of Eden Prairie, Minnesota FINAL Custom Government Terms of Service - Direct Debit (USB) v 6,30.06 10.26.07.doe identification numbers or merchant identification numbers, Chargebacks and/or Retrieval Requests in excess of one percent (1%) of the gross dollar amount of your sales Transactions or returns in excess of two and one-half percent (2.5%) of the gross dollar amount of sales Transactions. You authorize, upon the occurrence of Excessive Activity, Member and NOVA to take additional actions as either of them may deem necessary including, without limitation, suspension of processing privileges or creation or maintenance of a Reserve Account in accordance with the TOS. d) Credits. i) Credit Transaction Receipt. You will issue a Credit Transaction Receipt, instead of issuing cash or a check, as a refund for any previous sales Transaction. Member will debit the DDA for the total face amount of each Credit Transaction Receipt submitted to NOVA. You will not submit a Credit Transaction Receipt relating to any Transaction Receipt not originally submitted to NOVA, nor will you submit a Credit Transaction Receipt that exceeds the amount of the original Transaction Receipt. You will, within the time period specified by applicable Laws or the Credit Card Rules, whichever time period is shorter, provide NOVA with a Credit Transaction Receipt for every return of goods or forgiveness of debt for services that was the subject of a previous sales Transaction in accordance with the Credit Card Rules. ii) Revocation of Credit. Member or NOVA may, in their sole discretion, refuse to accept any Credit Transaction Receipt for processing. iii) Reprocessing. You will not resubmit or reprocess any Transaction that has been charged back. e) Fraud and Factoring. You will not present for processing or credit, directly or indirectly, any transaction not originated as a result of a transaction directly between you and a Cardholder or any Transaction you know or should know to be fraudulent or not authorized by the Cardholder. Perpetrators of fraudulent Transactions will be referred to law enforcement officials. You will not deposit any Transaction Receipt representing the refinancing of an existing obligation of a Cardholder. You agree that NOVA may, within its sole discretion, suspend the disbursement of funds from Transaction Receipt for any reasonable period of time required to investigate suspicious or unusual deposit activity. NOVA and Member will have no liability for any losses you may attribute to any suspension of funds disbursement. 25) OTHER TYPES OF TRANSACTIONS. a) Mail Order/Telephone Order (MO/TO). You may not solicit or accept MO/TO sales Transactions unless you have disclosed such method of sale to NOVA previously in writing. If you complete a MO/TO sales Transaction without having disclosed such method of sale previously in writing, you will be in breach of the Agreement and NOVA may immediately terminate the Agreement in addition to any other remedies available under the Agreement, Laws, and Credit Card Rules, and you may have to pay a surcharge on each such Transaction. You understand that Transactions processed via MO/TO are high risk and subject to a higher incidence of Chargebacks. You are liable for all Chargebacks and losses related to MO/TO sales Transactions. You may be required to use an address verification service ("AVS") on MO/TO sales Transactions. AVS is not a guarantee of payment and the use of AVS will not waive any provision of this Agreement or validate a fraudulent Transaction. You will obtain the expiration date of the Credit Card for a MO/TO sales Transaction and submit the expiration date when requesting Authorization of the sales Transaction. For MO/TO sales Transactions, you will type or print legibly on the signature line of the Transaction Receipt the following applicable words or letters: telephone order or "TO," or mail order or "MO," as appropriate. NOVA recommends that you obtain a signed Transaction Receipt or other proof of delivery signed by Cardholder for MO/TO sales Transactions. b) Recurring Transactions. i) Requirements. For recurring Transactions (e.g., payment of insurance premiums or subscriptions), you must obtain a written request from the Cardholder for such goods and 21 of 26 NOV City of Eden Prairie, Minnesota FINAL Custom Government Terms of Service - Direct Debit (USB) v 6.30.06 10.26.07.doc services to be charged to the Cardholder's account, the frequency of the recurring charge, and the duration of time during which such charges may be made. You will not complete any recurring Transaction after receiving: (i) a cancellation notice from the Cardholder; (ii) a notice from NOVA or Member that authority to accept recurring Transactions has been revoked; or (iii) a response that the Payment Device is not to be honored. You must provide a subsequent order form to the Cardholder when a Recurring Transaction is renewed by the Cardholder. Merchant is responsible for ensuring its compliance with Laws with respect to recurring Transactions. ii) Limitations on the Resubmission of Recurring Transactions. In some limited instances, you may resubmit a preauthorized recurring Transaction up to four (4) times within sixteen (16) calendar days of the original Authorization request, provided that the decline response is one of the following: (i) authorization denied; (ii) insufficient funds; (iii) exceeds approval amount limit; or (iv) exceeds withdrawal frequency. iii) Recurring Transaction Receipts. You must print legibly on the Transaction Receipt the words "Recurring Transaction." You must obtain the Cardholder's signature, including an electronic signature or other similar authentication that is effective under Laws, on the Transaction Receipt. For an Electronic Commerce Transaction, you must also include the frequency and duration of the Recurring Transaction, as agreed to by the Cardholder, on the Transaction Receipt. iv) Electronic Commerce Recurring Transactions. In addition to the above, for an Electronic Commerce Transaction, you must also provide a simple and easily accessible online cancellation procedure that complies with Laws, if the Cardholder's request for goods or services was initially accepted online. v) Recurring Transactions With Varying Amounts. For Recurring Transactions of varying amounts, all of the following apply: (i) the order form must allow the Cardholder to specify a minimum and maximum Transaction amount to be charged, unless the Cardholder will be notified of the amount and date of each charge, as specified in the remainder of this section; (ii) you must inform the Cardholder of their right to receive, at least ten (10) calendar days prior to each scheduled Transaction Date, written notification of the amount and date of the next charge; and (iii) the Cardholder may choose to receive the notification in any of the following ways: (a) for every charge; (b) when the Transaction amount does not fall within the range of amounts specified on the order form; or (c) when the Transaction amount will differ from the most recent charge by more than an agreed upon amount. Merchant is responsible for ensuring that all communications with, and disclosures to, Cardholders comply with Laws. c) Multiple Transaction Receipts. You will include a description and total amount of goods and services purchased in a single sales Transaction on a single Transaction Receipt unless: (i) partial payment is entered on the Transaction Receipt and the balance of the Transaction amount is paid in cash or by check at the time of the sales Transaction; or (ii) a Transaction Receipt represents an advance deposit in a sales Transaction completed in accordance with the Agreement and the Credit Card Rules. d) Deposits. i) Prior Consent. You will not accept for payment by Credit Card any amount representing a deposit or partial payment for goods or services to be delivered in the future unless you have disclosed such method of sale to NOVA previously in writing. If you accept a Credit Card for payment or partial payment of goods or services to be delivered in the future without having disclosed such method of sale to NOVA previously in writing, you will be in breach of the Agreement and NOVA may immediately terminate the Agreement in addition to any other remedies available under the Agreement, Laws, and Credit Card Rules. ii) Acceptance. If you have disclosed such method of sale to NOVA previously in writing, then you will complete such sales Transactions in accordance with the Agreement, Laws, and 22 of 26 \ OVA City of Eden Prairie, Minnesota FINAL Custom Government Terms of Service - Direct Debit (USB) v 6.30M6 10.26.07.doe Credit Card Rules. Merchant must execute one Transaction Receipt when processing the deposit Transaction and a second Transaction Receipt upon processing the balance of the Transaction. You will note the words "deposit" or "balance" on the applicable Transaction Receipt, as appropriate. You will not deposit the Transaction Receipt labeled "balance" until the goods have been delivered to Cardholder or until you have fully performed the services. e) Future Delivery. You will not present any Transaction Receipt or Credit Transaction Receipt to Member or NOVA for processing (whether by electronic means or otherwise) that relates to the sale of goods or services for future delivery unless you have disclosed such method of sale to NOVA previously in writing and you have been approved by NOVA to submit such Transactions. If you have disclosed such method of sale to NOVA previously in writing, you represent and warrant to Member and NOVA that you will not rely on any proceeds or credit resulting from such sales Transactions to purchase or furnish goods or services. You will maintain sufficient working capital to provide for the delivery of goods or services at the agreed upon future date, independent of any credit or proceeds resulting from Transaction Receipts or other Credit Transaction Receipts in connection with future delivery sales Transactions or until you have fully performed the services. f) Electronic Commerce. i) Electronic Commerce. You may not solicit or accept Electronic Commerce sales Transactions unless you have disclosed such method of sale to NOVA previously in writing, and you may process such Transactions only if the Transactions have been encrypted by a third party vendor acceptable to NOVA and Member. If you submit Electronic Commerce sales Transactions without having disclosed such method of sale to NOVA previously in writing, you will be in breach of the Agreement and NOVA may immediately terminate the Agreement in addition to any other remedies available under the Agreement, Laws, and the Payment Network Regulations. You understand that sales Transactions processed via the Internet are high risk and subject to a higher incidence of Chargebacks. You are liable for all Chargebacks and losses related to Electronic Commerce Transactions, whether or not: (i) such Transactions have been encrypted; and (ii) you have obtained NOVA's consent to engage in such Transactions. Encryption is not a guarantee of payment and does not waive any provision of the TOS or otherwise validate a fraudulent Transaction. NOVA recommends that you obtain a signed Transaction Receipt or other proof of delivery signed by the Cardholder for all Electronic Commerce sales Transactions. All communication costs and compliance with Laws related to Electronic Commerce Transactions will be your responsibility. You understand that NOVA will not manage the telecommunications link for Electronic Commerce Transactions and that it is your responsibility to manage that link. Merchant authorizes NOVA and Member, at Merchant's costs and expense, to perform an annual audit and examination of Merchant's website and a due diligence review as required by the Payment Network Regulations for Electronic Commerce Merchants. ii) Requirements. For goods to be shipped on Electronic Commerce sales Transactions, you may obtain authorization up to seven (7) days prior to the shipment date. You need not obtain a second authorization if the Transaction Receipt amount is within fifteen percent (15%) of the authorized amount, provided the additional amount represents shipping costs. Further, your Web site must contain all of the following information: (a) complete description of the goods or services offered; (b) returned merchandise and refund policy; (c) customer service contacts, including electronic mail address and/or telephone number; (d) complete address (street address, city, state, zip code, and country) of the permanent establishment of the business; (e) complete address of the permanent establishment of the business on either the checkout screen (which displays the total purchase amount) or within the sequence of Web pages presented to the Cardholder during the checkout process; (f) Transaction currency (such as U.S. or Canadian dollars); (g) export or legal restrictions, if known; (h) delivery policy; (i) customer data privacy policy; and (j) your method of Transaction security. If you 23 of 26 OV City of Eden Prairie, Minnesota FINAL Custom Government Terms of Service - Direct Debit (USB) v 6.30,06 10.26.07.doc store Cardholder account numbers, expiration dates, or other personal Cardholder data in a database, you must follow the applicable Payment Network rules on securing such data. You may not retain or store CVV2/CVC2 data after authorization for record keeping or additional authorization processing. 26) INTERCHANGE. Interchange qualification requirements, as defined by the Credit Card Associations, affect the Merchant's fees or surcharges owed for Transactions. Merchant will pay a higher discount rate, higher fees, and surcharges for Transactions that do not meet the best rate qualification criteria or have been processed in a manner other than for which the Merchant was approved. Section D — Acceptance of American Express, Discover, Diners or JCB 27) ACCEPTANCE OF AMERICAN EXPRESS, DISCOVER, DINERS, AND/OR JCB CARDS. If NOVA provides authorization and/or data capture services to Merchant for American Express, Discover, Diners, and/or JCB Transactions, Merchant agrees to the following provisions, in addition to the Definitions in Section (A) and the General Provisions of Section (8) above. 28) ACCESS. Upon request and fulfillment of the following conditions, NOVA will provide access to authorization and/or data capture services for American Express, Discover, Diners, and/or JCB Transactions to Merchants who have been approved by American Express, Discover, Diners, and/or JCB and who have entered into a separate agreement with American Express, Discover, Diners, or JCB, respectively; provided, however that neither NOVA nor Member shall be responsible for funding such Transactions. 29) FORWARDED INFORMATION. NOVA will forward certain information pertaining to Merchant, including, but not limited to, contact information and DDA numbers, to one or more of such Card Associations, unless NOVA receives from Merchant written instructions to the contrary. IN WITNESS WHEREOF, the parties hereto have executed this TOS. NOVA INFORMATION SYSTEMS, INC. By: Name: Title: Date: ("Effective Date") U.S. BANK NATIONAL ASSOCIATION By: Name: Title: MERCHANT By: Name: PRINT Title: PRINT PRINT 24 of 26 NOVA City of Eden Prairie, Minnesota FINAL Custom Government Terms of Service - Direct Debit (USB) v 6.30.06 10.26.07.doc SCHEDULE A SCHEDULE OF FEES 25 of 26 (includes Interchange and Assessments) Assessments On Net Activity Net Activity Sales Volume Transactions Net Rate/Fee Fees On Per Item On Per Item Fee Total Effective MasterCard Interchange MasterCard Interchange MasterCard U.S. Bank Fees On Net Activity Per Item On Net Activity Assessments On Sales Volume Per Item Fee Total Effective Transactions Net Rate/Fee 1.55% $0.10 0.095% 0.00% + $0.05 1.645% + $0.15 0.80% $0.25 0.095% 0.00% + $0.05 0.896% + $0.30 0.00% $0.75 0.095% 0.00% + $0.05 0.095% + $0.80 Schedule A - Schedule of Fees Utility Payments VISA ® Interchange Classification VISA Interchange VISA Interchange VISA U.S. Bank CPS Retail 2 (Emerging Market) Credit Card Transactions (swiped and non-swiped) CPS Retail 2 (Emerging Market) Debit Card Transactions (swiped and non-swiped) VISA Utility Program (optional)* MasterCard® Interchange Classification (includes Interchange and Assessments) Public Sector - Credit Card Transactions (swiped and non-swiped) Emerging Market - Debit Card Transactions (swiped and non-swiped) MasterCard Utility Program (optional)* 1.43% $0.05 0.0925% 0.00% + $0.05 1.5225% + $010 0.80% $0.25 0.0925% 0.00% + $0.05 0.8926% + $0.30 0.00% $0.75 0_0925% 0.00% + $0.05 0.0925% + $0.80 *The City would have its choice of the Public Sector! Emerging Market or the Visa / MasterCard Utility pricing programs for utility payments. For instance, let's take a transaction for $180.00. Comparing the two pricing programs yields the following results (assuming a $180.00 Visa credit card transaction). Public Sector Emerging Market Program Processing Fees: $2.84 ($180.00 x 1.5225% = $2.7405 + $0.10 = $2.8405) Utility Program Processing Fees: $0.97 ($180.00 x 0.095% = $0.171 + $0.80 = $0.971) In this example, the difference in processing fees between these two pricing programs is $1.87 (or more than 50% savings) for this $180.00 transaction due to the Visa Utility program pricing. Please note that one of the primary requirements to be eligible for the Utility pricing programs is that the merchant would not be allowed to charge / pass along a convenience or service fee to cardholders (per Visa / MasterCard program participation requirements). October 25, 2007 Page 1 of 6 Please Note: • U.S. Bank / NOVA does not charge any other "miscellaneous" or "hidden" fees such as 'batch header fees' or 'customer service / support fees', whereas many other merchant processors do. We like for our merchant statements and pricing to be clear and straightforward to our customers. That is why we do not charge these other types of fees, and also why we present our pricing in a clear and concise manner. • We are proposing separate pricing programs (grids) herein. The reason for that is because we want the City to be able to take advantage of the lower processing fees associated with 'Interchange (cost) Plus' pricing. Because the card associations (Visa / MasterCard) approach pricing programs (Interchange) differently depending on the type of organization accepting card payments / type of payment (utility payments qualify differently than liquor store payments), transactions will qualify (and be priced) differently based on organization / payment type. We will explain this in greater detail to you, which will help you to understand why this is the best approach to ensure that the City receives the best pricing and support for its payment processing programs. • During the past several years, debit / check card usage has increased dramatically. Research has shown that debit / check card transactions typically make up 25% or more of card transaction volume. As you will notice our proposal, debit / check card pricing is significantly lower than credit card transaction pricing. U.S. Bank's proposed merchant card processing pricing structure would allow the City to take advantage of these lower processing fees accordingly. • We might also recommend that the City consider utilizing PIN based debit / check card processing services. Research indicates that approximately 20% or more of electronically processed transactions are debit card / check card transactions. The City may be able to minimize debit / check card processing fees by processing these types of transactions as P.I.N. based transactions, rather than signature based transactions. This service would allow debit / check card cardholders to enter their respective P.I.N. information during debit / check card transactions (transactions accepted at the point-of-sale or at the counter). Since a flat fee is applied to these types of transactions, rather than the 'rate/per item' fee structure, the City could potentially minimize processing fees by using this service. For instance, let's say the average transaction size is approximately $100.00. Comparing the two pricing programs (non PIN debit vs. PIN debit) yields the following results (assuming a $100.00 Visa debit check card transaction). Non PIN Debit (no PIN entered with the transaction) Processing Fees: $1.19 ($100.00 x 0.8925% = $0.8925 ÷ $0.30 = $1.1925) PIN Debit (PIN entered with the transaction), Processing Fees: $0.80 (1 transaction x $0.80 flat PIN debit network authorization fee) In this example, the difference in processing fees between these two pricing programs is $0.39 (approximately 30% savings) for this $100.00 transaction as a result of utilizing PIN debit services / pricing. Please note that pin pad equipment would be needed to process PIN debit / check card transactions in the above mentioned manner. October 25, 2007 Page 2 of 6 • The majority of the City's payments would likely qualify for the pricing outlined above. Other transaction qualifications / pricing may apply to other card / transaction types (i.e. partially or non-qualified transactions, commercial card, purchasing card, corporate / business card transactions, etc.). Please refer to the attached Visa / MasterCard Interchange grid for further details. We would be glad to go over this information further, if you wish. • The Card Association Interchange / Assessments represent our [and all other merchant processors] costs. In order to arrive at the City's pricing for the various Interchange qualifications, you would add 0 basis points plus $0.05 per transaction (U.S. Bank's fees) to Visa's and MasterCard's interchange / Assessments, as we have done above. • 'Swiped' refers to card present / card swiped transactions. 'Non-Swiped' refers to card not present / non swiped transactions, including transactions accepted via telephone, mail, Web / Internet, etc. October 25, 2007 Page 3 of 6 (includes Interchange and Assessments) Assessments On Net Activity Net Activity Sales Volume Transactions Fees On Per Item On Net Rate/Fee Per Item Fee Total Effective Fees On Net Activity Per Item On Net Activity Assessments On Sales Volume Transactions Total Effective Net Rate/Fee (includes Interchange and Assessments) Per Item Fee Schedule of Fees — Schedule A Parks and Recreation, Building Permits, Senior Center, Etc. VISA ® Interchange Classification VISA Interchange VISA Interchange VISA U.S. Bank CPS Retail 2 (Emerging Market) Credit Card Transactions (swiped and non-swiped) CPS Retail 2 (Emerging Market) Debit / Check Card Transactions (swiped and non-swiped) 1.43% $0.05 0.0925% 0.00% + 50.05 1.5225% + $0.10 0.80% $0.25 0.0925% 0.00% + $0.05 0.8925% + $0.30 MasterCard® Interchange Classification MasterCard Interchange MasterCard Interchange MasterCard U.S. Bank Public Sector — Credit Card Transactions (swiped and non-swiped) Emerging Market— Debit Card Transactions (swiped and non-swiped) 1.55% $0.10 0.095% 0.00% + $0.05 1.645%" $0.15 0.80% $0.25 0.095% 0.00% + $0.05 0.895% + $0.30 October 25, 2007 Page 4 of 6 Schedule A - Schedule of Fees (contd) Liquor Stores VISA ® Interchange Classification (Includes Interchange and Assessments) VISA Interchange Fees On Net Activity VISA Interchange Per Item On Net Activity VISA Assessments On Sales Volume U.S. Bank Per Item Fee Total Effective Transactions Net Rate/Fee CPS Retail - Credit Card Transactions (card swiped transactions) CPS Retail - Debit! Check Card Transactions (card swiped transactions) CPS Key Entered / Card Not Present Credit Card Transactions (non-swiped transactions) CPS Key Entered / Card Not Present Debit! Check Card Transactions (non-swiped transactions) 1.54% $0.10 0.0925% 0.00% + $0.05 1.6325% + $0.16 1.03% $0.15 0.0925% 0.00% + $0.05 1.1225% + $0,20 1.85% $0.10 0.0925% 0.00% + $0.05 1.9425% + $0.15 1.60% $0.15 0.0925% 0.00% + $0.05 1.6925% + $0.20 MasterCard® Interchange Classification (includes Interchange and Assessments) MasterCard Interchange Fees On Net Activity MasterCard Interchange Per Item On Net Activity MasterCard Assessments On Sales Volume U.S. Bank Per Item Fee Transactions Total Effective Net Rate/Fee Merit III - Card-swiped / Card Present Credit Card Transactions (card swiped transactions) Merit HI - Card-swiped / Card Present Debit! Check Card Transactions (card swiped transactions) Merit I - Key Entered / Card Not Present Credit Card Transactions (non-swiped transactions) Merit I - Key Entered / Card Not Present Debit! Check Card Transactions (non-swiped transactions) 1.64% $0.10 0.095% 0.00% + $0.05 1.735% + $0.15 1.05% $0.15 0.095% 0.00% + $0.05 1.146% + $0.20 1.95% $0.10 0.095% 0.00% + $0.05 2.045% + $0.16 1.64% $0.16 0.095% 0.00% + $0.05 1.735% + $0.21 October 25, 2007 Page 5 of 6 Schedule A - Schedule of Fees (cont'd) Point-of-Sale Equipment Options: Omni 3730LE terminal (built-in, thermal printer included) $625.00 purchase per unit or $25.00 per unit lease fee per month Omni 3750 — IF /Internet connectivity (built-in, thermal printer and pin pad included) $875.00 purchase per unit or $35.00 per unit lease fee per month Electronic Check Imaging Device (can be used in conjunction with the Electronic Check Service) $575.00 purchase per unit or $20.00 per unit lease fee per month Point-of-Sale Software Options: ViaWARP or Virtual Merchant— Standard Version (per license) $595.00 purchase (one time occurrence) per license / plus $10.00 monthly maintenance / upgrade fee per merchant account Maotek Swipe Credit Card Reader Device (used in conjunction with ViaWarp Software) $195.00 purchase per unit Maotek Swipe Credit Card / Check Reader Device (used in conjunction w/ Virtual Merchant and Electronic Check Services) $650.00 purchase per unit Other Fees Application / Set Up Fee $95.00 One-Time Occurrence — per merchant account - WAIVED Statement / Support Fee $5.00 Per Month — per merchant account Chargeback Fee $5.00 Per Occurrence PIN Based Debit Network Authorization Fee $0.80 Per Occurrence Voice Authorization Fee $0.50 Per Occurrence Discover! American Express Authorization Fee 80.10 Per Authorization E-Payment Web / IVR Solutions and Electronic Check Solutions TBD (pricing for these solutions are dependent upon specific application requirements and functionality; U.S. Bank would be glad to provide further information regarding these customized solutions upon request) October 25, 2007 Page 6 of 6 \-0 City of Eden Prairie, Minnesota FINAL Custom Government Terms of Service - Direct Debit (USB) v 6.30.06 10.26.07,doe SCHEDULE B AFFILIATED ENTITIES This Schedule B to the Terms of Service is dated as of this day of , 20__. NOVA INFORMATION SYSTEMS, INC. By: Name: PRINT Title: U.S. BANK NATIONAL ASSOCIATION By: Name: PRINT Title: MERCHANT By: Name: PRINT Title: 26 of 26 CITY COUNCIL AGENDA SECTION: Public Hearing DATE: November 13, 2007 DEPARTMENT/DIVISION: Jim Richardson Public Works / Engineering ITEM DESCRIPTION: Special Assessment Hearing for the Approval of the 2007 Special Assessments ITEM NO.: IX.A. Requested Action Move to: • Close the public hearing for the approval of the 2007 Special Assessments; and • Adopt the resolution approving all Special Assessments presented in the fall of 2007 Synopsis Each year, the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address a list of projects and supplemental assessments for such things as trunk utility assessments, lateral utility assessments and connection fees. Background Information See Exhibit A for the list of projects that the Council will be asked to approve for levying Special Assessments for collection with property taxes. The total amount proposed to be assessed in 2007 is $936,488.23. Attachments • Resolution • Exhibit A (owner list) • Hearing Notice CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections in the proposed assessments for the following improvements to wit: (See Exhibit A attached) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie: 1. Such proposed assessments are hereby accepted and shall constitute the special assessment against the lands in the final assessment rolls, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of years as shown on Exhibit A. Installments shall bear interest at the rates shown on Exhibit A, except no interest shall be charged if the entire assessment is paid on or before November 30, 2007. To the first installment shall be added interest on the entire assessment from November 1, 2007 until December 31, 2008. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes beginning in 2008. 4. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearings as provided for the assessments being made, upon any properties abutting on the improvements but not herein assessed for the improvement when changed conditions relating to such properties make such assessment feasible. ADOPTED by the Eden Prairie City Council on the 13th day of November, 2007. ______________________________ Phil Young, Mayor ATTEST: SEAL ____________________________ Kathleen Porta, City Clerk EXHIBIT A 1. I.C. 05-5642 Lateral sanitary sewer and watermain improvements portion only on Hilltop Road Lateral Water $4,529.86 per Lot Unit Lateral Sewer $4,561.63 per Lot Unit Project Cost: $892,116.49 Previously Assessed: $419,160.00 City Share: $51,863.54 Future Valley Rd Stm Assessment: $78,760.10 Net Assessment: $342,332.85 Parcel PID# Property Owner YEARS/% Amount 20-116-22-42-0082 Whispering Ridge / Premier Development 20 Years at 6.5% 22,121.31 20-116-22-43-0002 Whispering Ridge / Premier Development 20 Years at 6.5% 35,774.43 20-116-22-43-0005 Sylvander 20 Years at 6.5% 9,091.49 20-116-22-43-0007 Barth 20 Years at 6.5% 9,091.49 20-116-22-43-0008 Paal -0- 20-116-22-43-0014 Secor & Boppert 20 Years at 6.5% 9,091.49 20-116-22-43-0069 Whispering Ridge /Premier Development 20 Years at 6.5% 4,529.86 20-116-22-44-0012 Kruse -0- 20-116-22-44-0013 Schmidt 20 Years at 6.5% 9,091.49 20-116-22-44-0015 McGovern 20 Years at 6.5% 9,091.49 20-116-22-44-0019 Blomberg 20 Years at 6.5% 9,091.49 20-116-22-44-0024 Poyser 20 Years at 6.5% 9,091.49 20-116-22-44-0036 Schemmel 20 Years at 6.5% 9,091.49 20-116-22-44-0039 Jeppeson 20 Years at 6.5% 9,091.49 20-116-22-44-0040 Jancar 20 Years at 6.5% 9,091.49 20-116-22-44-0041 Andersen 20 Years at 6.5% 9,091.49 20-116-22-44-0042 Stover 20 Years at 6.5% 9,091.49 20-116-22-44-0043 Clarke 20 Years at 6.5% 9,091.49 20-116-22-44-0044 Totall 20 Years at 6.5% 9,091.49 20-116-22-44-0048 Burgett 20 Years at 6.5% 35,722.98 20-116-22-44-0049 Bolke 20 Years at 6.5% 35,722.98 20-116-22-44-0050 Clarke 20 Years at 6.5% 9,091.49 20-116-22-44-0053 Fiedler 20 Years at 6.5% 9,091.49 20-116-22-44-0054 Deminico 20 Years at 6.5% 9,091.49 20-116-22-44-0055 Maynard 20 Years at 6.5% 9,091.49 20-116-22-44-0056 Auseth 20 Years at 6.5% 9,091.49 20-116-22-44-0057 Hanson 20 Years at 6.5% 26,631.49 20-116-22-44-0058 Hanson 20 Years at 6.5% 9,091.49 Supplementals Trunk Sewer and Water PID # YEARS/% Amount Kirtland 19-116-22-32-0010 10 Years / 6.5% 220.00 Whispering Ridge / Premier Development 20-116-22-42-0082, 20-116-22-43-0002, 0069 5 Years / 6.5% 16,912.20 Staring Lake Corporate Center / United Land LLC 27-116-22-12-0004, 0006, 27-116-22-13- 0001, 0002, 0003 5 Years / 6.5%119,081.00 Eden Bluff Highlands 4th Addition / Eden Bluff Holdings LLC 28-116-22-42-0035 5 Years / 6.5%108,829.60 Eden Bluff Highlands 3rd Addition / Eden Bluff Holdings LLC 28-116-22-44-0008 5 Years / 6.5%15,436.40 Brookview Ridge / Smith 36-116-22-41-0004 5 Years / 6.5%28,135.20 Trunk Utilities IC 98-5474 Crestwood Ter Sundquist 30-116-22-13-0008 15 Years / 6.5% 520.00 Johnson 30-116-22-13-0009 15 Years / 6.5% 520.00 Marshall 30-116-22-41-0002 15 Years / 6.5% 520.00 Goldenbogen 30-116-22-42-0006 15 Years / 6.5% 520.00 Schwartz 30-116-22-42-0012 15 Years / 6.5% 520.00 Henderson 30-116-22-42-0020 15 Years / 6.5% 520.00 IC 05-5642 Hilltop Rd Barth 20-116-22-43-0007 20 Years / 6.5% 520.00 McGovern 20-116-22-44-0015 20 Years / 6.5%520.00 Jeppesen 20-116-22-44-0039 20 Years / 6.5%520.00 Andersen 20-116-22-44-0041 20 Years / 6.5% 520.00 Stover 20-116-22-44-0042 20 Years / 6.5%520.00 Clarke 20-116-22-44-0043 20 Years / 6.5%300.00 Clarke 20-116-22-44-0050 20 Years / 6.5%520.00 Hansen 20-116-22-44-0058 20 Years / 6.5%520.00 Lateral Utilities IC 98-5474 Crestwood Ter Sundquist 30-116-22-13-0008 15 Years / 6.5% 9,832.00 Johnson 30-116-22-13-0009 15 Years / 6.5% 9,832.00 Marshall 30-116-22-41-0002 15 Years / 6.5% 9,832.00 Goldenbogen 30-116-22-42-0006 15 Years / 6.5% 9,832.00 Schwartz 30-116-22-42-0012 15 Years / 6.5% 9,832.00 Henderson 30-116-22-42-0020 15 Years / 6.5% 9,832.00 Connection Fee Kirtland 19-116-22-32-0010 10 Years / 6.5% 6,240.00 Metro SAC & WAC Hansen 20-116-22-44-0058 19 Years / 6.5% 4,260.00 Hooverson 23-116-22-34-0012 10 Years / 6.5% 2,190.00 Tall Grass Cutting & Tree Removal Sabako 04-116-22-32-0018 1 Years / 6.5% 183.13 Payne 05-116-22-24-0036 1 Years / 6.5% 183.13 Silver 07-116-22-21-0011 1 Years / 6.5% 103.50 Gibson 10-116-22-23-0083 1 Years / 6.5% 69.00 Wood 17-116-22-12-0071 1 Years / 6.5% 69.00 Stephens 23-116-22-22-0051 1 Years / 6.5% 183.13 Eldahshoury 25-116-22-41-0002 1 Years / 6.5% 103.50 Jones 27-116-22-11-0009 1 Years / 6.5% 183.13 Special Assessment Agreements 04-11 / I.C. 05-5640 Prairie Pines Creek Stabilization 30-116-22-21-0060, 0061, 0062, 30-116- 22-24-0074, 0075, 0076, 0077, 0078 5 Years / 6.5% 8,000.00 06-04 / I.C. 06-5675 Mitchell Road / Lone Oak Road Improvement 16-116-22-11-0010, 0011 5 Years / 6.5% 217,721.46 NOTICE OF HEARING ON PROPOSED SPECIAL ASSESSMENTS Notice is hereby given that the City Council will meet at 7:00 p.m. on Tuesday, November 13, 2007 in the City Center, 8080 Mitchell Road, Eden Prairie, Minnesota, for the purpose of holding a Public Hearing to consider the proposed assessments for the following improvements in Hennepin County, Minnesota, Township 116, Range 22: PROJECT I.C. 05-5642 The Project consists of lateral sanitary sewer and watermain improvements on Hilltop Road. The area to be assessed consists of the properties abutting Hilltop Road. The total amount to be assessed is $342,332.52 SUPPLEMENTALS Trunk Sewer and Water 19-116-22-32-0010 20-116-22-42-0082 20-116-22-43-0002, 0069 27-116-22-12-000, 0006 27-116-22-13-0001, 0002, 0003 28-116-22-42-0035 28-116-22-44-0008 36-116-22-41-0004 The total amount to be assessed is $288,614.40 Trunk Utilities I.C. 98-5474 30-116-22-13-0008, 0009 30-116-22-41-0002 30-116-22-42-0006, 0012, 0020 The total amount to be assessed is $3,120.00 Trunk Utilities I.C. 05-5642 20-116-22-43-0007 20-116-22-44-0015, 0039, 0041, 0042, 0043, 0044, 0050, 0058 The total amount to be assessed is $3,940.00 Lateral Utilities I.C. 98-5474 30-116-22-13-0008, 0009 30-116-22-41-0002 30-116-22-42-0006, 0012, 0020 The total amount to be assessed is $58,992.00 Connection Fee 19-116-22-32-0010 The total amount to be assessed is $6,240.00 City & Metro SAC & WAC 20-116-22-44-0058 23-116-22-34-0012 The total amount to be assessed is $6,450.00 Tall Grass Cutting & Weed Removal 04-116-22-32-0018 05-116-22-24-0036 07-116-22-21-0011 10-116-22-23-0083 17-116-22-12-0071 23-116-22-22-0051 25-116-22-41-0002 27-116-22-11-0009 The total amount to be assessed is $1,077.52 SPECIAL ASSESSMENT AGREEMENT 04-11 – I.C. 05-5640 The property to be assessed is Prairie Pines Plat The total amount to be assessed is $8,000.00 SPECIAL ASSESSMENT AGREEMENT 06-04 – I.C. 06-5675 The property to be assessed is the Wingate Hotel Addition Plat The total amount to be assessed is $217,721.46 The proposed assessment roll is now on file with the City Clerk and in the office of the City Engineer and is open to inspection by all persons interested. All persons who wish to be heard with reference to the assessment roll should be present at the hearing to present either written or oral objections. Written or oral objections thereto by any property owner will be considered by the Council prior to the adoption of the assessment roll. CAUTION: No appeal may be taken as to the amount of any assessment adopted unless a written objection, signed by the affected property owner, is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. An owner may appeal an assessment to the District Court pursuant to Minnesota Statutes 429.081, by serving notice of the appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. For your further information, please note the following: Pursuant to Minnesota Statutes 435.193 through 435.195, which establishes a hardship assessment deferral for seniors or retired disabled, the procedure to obtain a deferred assessment and sets forth the events upon which the option to defer payment terminates and all amounts accumulated plus interest become due. Pursuant to these statutes, the City may defer the payment of special assessments for homestead property of persons 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payment, who meet certain standards relating to eligibility. A deferment procedure is authorized by City Code Section 2.84 and has been established by City Resolution 83-177. The principal amount of special assessments deferred for such persons will bear interest, but not exceeding 50% of the original principal amount of the assessment. Payment of the interest will also be deferred and will be added to the principal amount of the deferred assessment. Any person who wishes to receive a deferment must make application to the City Engineer's office no later than November 10th of the year preceding the year in which an assessment is payable. Applications therefore may be obtained from the City of Eden Prairie by contacting: Jim Richardson, Senior Engineering Technician City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 952-949-8316 By order of the City Council Published once in the Sun Current, October 25, 2007 CITY COUNCIL AGENDA SECTION: Public Hearing DATE: November 13, 2007 DEPARTMENT/DIVISION: Denise Christensen Public Works / Engineering ITEM DESCRIPTION: Vacation 07-09 Vacation of All of the Drainage and Utility Easement over Lots 1 through 3 Inclusive, Block 1, The Point on Lake Riley. ITEM NO.: IX.B. Requested Action Move to: Close the public hearing. Synopsis The Property Owners have requested the vacation of all the drainage and utility easements to facilitate the development of The Point on Lake Riley-Leu project. Prior to adopting the resolution vacating the easements, the Development Agreement must be approved by Council. The resolution for this vacation will be presented for approval at a future Council meeting. Background Information The Drainage and Utility Easements were originally dedicated with The Point on Lake Riley Addition. The lots will be replatted and new drainage and utility easements will be dedicated with The Point on Lake Riley-Leu project. Attachments • Location Map • Site Plan 0 0 k ST. MELLION IT,410 PL. tn BEs-AR PATH PT. cn 120 121 VAC 07-09 solD TR. NORTH LOCATION MAP _ KALLIO Engineering 10775 Poppitz Lane Chaska,MN 55318 P: 951-448-5725 F: 952-400-8492 EASEMENT VACATION EXHIBIT FOR THE POINTE ON LAKE RILEY SECOND ADDITION LEGAL DESCRIPTION OF PROPERTY LOT 1, LOT 2, AND LOT 3, BLOCK 1, THE POINTE ON LAKE RILEY, HENNEPIN COUNTY, MINNESOTA, TOGETHER WIN AN UNDIVIDED 75% INTEREST IN OUTLOT A, THE POINT ON LAKE RILEY, HENNEPIN COUNTY, MINNESOTA. LEGAL DESCRIPTION OF EASEMENTS TO BE VACATED ALL EXISTING DRAINAGE AND UllUTY EASEMENTS ON LOT 1, LOT 2, AND LOT 3, BLOCK 1, THE POINTE ON LAKE RILEY, HENNEPIN COUNTY, MINNESOTA, AS DEDICATED ON THE POINTE ON LAKE RILEY, HENNEPIN COUNTY, MINNESOTA. L (j .7" BM: TNH 46.40 ELEV. 903.17 R=80.00 A=33°13 .43" DENOTES EXISTING DRAINAGE AND UTILITY EASEMENTS TO BE VACATED. DEVELOPER JEFFREY AND KAREN LEU 11660 WILD HERON POINTS EDEN PRAIRIE, MN 55347 952-941-1310 FEE OWNER G&L LAND INVESTMENT 8659 GREAT WATERS ALCOVE EDEN PRAIRIE, MN 55347 CONTACT: TIM GUILFOIL 612-963-2717 50 ENGINEER/SURVEYOR KALLIO ENGINEERING INC. 10775 POPPITZ LN CHASKA, MN 55318 CONTACT: CURT KAWO 952-448-5725 EXISTING PID/ADDRESS LOT I PID 1911622320011 9092 STEPHENS POINTE SCALE IN FEET • Denotes Iron Pipe Found 0 Denotes Iron Pipe Set ORDINARY HIGH WATER ELEV. 865.3 WATER ELEVATION: AS OF SEPTEMBER 26, 2005, =865.36 FEET (N.G.V.D.-1929) HIGHEST KNOWN WATER ELEVATION: 866.7 FEET (N.G.V.D.-1929) ACCORDING TO RECORDS OF DEPT. OF NATURAL RESOURCES, STATE OF MINNESOTA. BENCHMARK: TNH SW QUAD OUTLOT A AS SHOWN. ELEVATION = 903.17 FEET (N.G.V.D.-1929) LOT 2 PID 1911622320012 9100 STEPHENS POINTS 1.41 3 PIO 1911622320013 9108 STEPHENS POINTS CITY COUNCIL AGENDA SECTION: Public Hearing DATE: November 13, 2007 DEPARTMENT/DIVISION: Denise Christensen Public Works / Engineering ITEM DESCRIPTION: Vacation 07-10 Vacation of All of the Drainage and Utility Easement over Lots 8 through 11 Inclusive, Block 4, Timber Lakes ITEM NO.: IX.C. Requested Action Move to: Close the public hearing; and Adopt the resolution vacating all of the Drainage and Utility Easement lying over, under and across Lots 8 through 11 inclusive, Block 4, Timber Lakes, according to the recorded plat thereof, Hennepin County, Minnesota. Synopsis The Property Owners have requested the vacation of all the Drainage and Utility easements to facilitate replatting of the lots to Timber Lakes 2nd Addition. Background Information The Drainage and Utility Easements were originally dedicated with the Timber Lakes plat. The lots have been replatted to correct easement encroachment of the existing homes. New drainage and utility easements have been dedicated with the Timber Lakes 2nd Addition project. Attachments • Resolution • Location Map • Site Plan • Hearing Notice CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- VACATION OF ALL THE DRAINAGE AND UTILTY EASEMENTS OVER LOTS 8 THROUGH 11 INCLUSIVE, BLOCK 4, TIMBER LAKES VACATION 07-10 WHEREAS, the City of Eden Prairie has (a) certain Drainage and Utility Easement described as follows: All of the Drainage and Utility Easement lying over, under and across Lots 8 through 11 inclusive, Block 4, Timber Lakes, according to the recorded plat thereof, Hennepin County, Minnesota. WHEREAS, a Public Hearing was held on November 13, 2007, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above described Drainage and Utility Easement has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said Drainage and Utility Easement is not necessary and has no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said Drainage and Utility Easement described as: All of the Drainage and Utility Easement lying over, under and across Lots 8 through 11 inclusive, Block 4, Timber Lakes, according to the recorded plat thereof, Hennepin County, Minnesota. is hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on November 13, 2007. ________________________ Phil Young, Mayor SEAL ATTEST: _______________________ Kathleen Porta, City Clerk LF Ti z \ z\ o ROUI IND ci <4` F- KILMER AVE. SITE `61\ (I) >- RD. r LA. LUTHER WAY iz VAC 07-10 NORTH LOCATION MAP SURVEYORS CERTIFICATE , , z / N _ / z / N,- - k / / , JOB NO. 05R-067 LEGAL DESCRIPTION Lots 8, 9, 10, and 11, Block 4, TIMBER LAKES, Hennepin County, Minnesota, LEGEND o = EXISTING CATCH BASIN = EXISTING CATCH BASIN , = EXISTING FES m = EXISTING GATE VALVE = LIGHT POLE = HYDRANT = POWER POLE • = TEL.PED. 13 = ELEC. TRANS. ST = STORM SEWER —55-55—= SANITARY SEWER WATERMAIN = PLAT EASEMENT G = UNDERGROUND GAS UT = UNDERGROUND TELEPHONE HE UNDERGROUND ELECTRIC SEA_ = BUILDING SETBACK LINE = PARKING SETBACK LINE • = DENOTES MONUMENT FOUND 0 = DENOTES MONUMENT SET PREPARED FOR: FRED HAAS 8009 Island Road Eden Prairie, MN 55347 Phone: (952) 937-6203 PREPARED BY: HEDLUND PLANNING ENGINEERING SURVEYING 2005 Pin Oak Drive Eagan, MN 55122 Phone: (651) 405-6600 I hereby certify that this plan was TePZ7scliorl Y 'a% qrhotun l'ere'e 1,r-JV Registered Land Surveyor under the laws of the State of MInnesola Date Jeffrey D. Lindgren, Minn, No. 14376 30 0 30 69 HEDLuND Scale 1" = 30' PL A MANG ENGINEERING VAR IL E GNG VACATION 07-10 NOTICE OF VACATION OF ALL THE DRAINAGE AND UTILITY EASEMENT OVER LOTS 8 THROUGH 11 INCLUSIVE, BLOCK 4, TIMBER LAKES Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on November 13, 2007 at 7:00 p.m. to hear all persons present upon the proposed vacation of the Drainage and Utility Easement described as follows: All of the Drainage and Utility Easement lying over, under and across Lots 8 through 11 inclusive, Block 4, Timber Lakes, according to the recorded plat thereof, Hennepin County, Minnesota. By Order of the City Council Published in the Sun Current on October 25, 2007 CITY COUNCIL AGENDA SECTION: Public Hearing DATE: November 13, 2007 DEPARTMENT/DIVISION: Christy Weigel, Licensing Police/Support Unit ITEM DESCRIPTION: Resolution Amending Resolution No. 2006-139, Regulating Fees and Charges for Business Licenses, Permits and Municipal Services ITEM NO.: IX.D. Requested Action Move to: • Close the Public Hearing; and ƒ Adopt the Resolution amending Resolution No 2006-136, Regulating Fees and Charges for Business Licenses, Permits and Municipal Services. Synopsis The Council adopts the fee resolution each December for the fees that will be charged and collected the following year. Because liquor license renewals are sent out before the fee resolution is approved, it is necessary to update the fee resolution now. Staff has compared the fees the City charges to comparable cities, has taken into consideration that liquor related fees have not changed since November 2003 and recommends the following increases: 3.2 Beer Annual License Fee - On-Sale from $750.00 to $800.00 3.2 Beer Annual License Fee - Off-Sale from $150.00 to $175.00 Liquor Annual License Fee – On-Sale from $8,500.00 to $8,750.00 3.2 Beer, Wine, Liquor Investigation Fee for New Managers - from $25.00 to $50.00 These fees will provide a more reasonable reimbursement of City costs. In 2007, the City issued the following licenses: 3.2 beer On-Sale licenses – 3 3.2 beer Off-Sale licenses – 8 Liquor On-Sale licenses – 27 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION AMENDING RESOLUTION NO. 2006-139 REGULATING FEES AND CHARGES FOR BUSINESS LICENSES, PERMITS AND MUNICIPAL SERVICES BE IT RESOLVED, that changes to Liquor License Fees, be as follows: 3.2 Beer Annual License Fee - On-Sale $800.00 3.2 Beer Annual License Fee - Off-Sale $175.00 Liquor Annual License Fee – On-Sale $8,750.00 3.2 Beer, Wine, Liquor Investigation Fee for New Managers $50.00 ADOPTED by the City Council of the City of Eden Prairie on this 13th day of November, 2007. ____________________________ Philip Young, Mayor ATTEST: _____________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Public Hearings DATE: November 13, 2007 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah Scott Kipp ITEM DESCRIPTION: Presbyterian Homes Eden Prairie Redevelopment ITEM NO.: IX.E. Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Guide Plan Change from High Density Residential and Regional Commercial Service to High Density Residential and Community Commercial on 21.3 acres; and • Adopt the Resolution for Planned Unit Development Concept Review on 21.3 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from RM-2.5, RM-6.5 and Commercial Regional Service to RM-2.5 and Community Commercial on 21.3 acres; and • Adopt the Resolution for Preliminary Plat on 21.3 acres into five lots and road right-of-way; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis This project is the redevelopment of the Broadmoor Apartments, Castle Ridge Care Center and two vacant sites. The overall Planned Unit Development includes 707 housing units and 70,000 square feet of retail and restaurant uses to be constructed in three phases between 2008 and 2012. The buildings consist of: • 260 units of all age housing in a tiered 9-13 story building. • 372 units of senior housing in a tiered 9-13 story building which includes: 60 units of skilled nursing, 27 units of memory care, 75 units of assisted living, and 210 units of independent living. • Mixed use retail of 21,000 sq. ft. first floor with 75 senior housing units in three stories above. • 20,000 sq. ft. of retail • 12,000 sq. ft. of restaurant • 13,000 sq. ft. pharmacy • 4,000 sq. ft. bank The developer has committed to providing 20% of the housing units (141 units) as affordable senior housing units. Background Information City Council Public Hearing – Presbyterian Homes Eden Prairie Redevelopment November 13, 2007 Page 2 The Comprehensive Guide Plan and the MCA Study are guiding documents for the existing and future use of land. Since both documents guide the future uses supported by policies it allows the market palace to be creative and gives the City the flexibility to accept proposals that are not an identical match but accomplish important land use, house, and development goals. The plan as proposed has less housing and more commercial than the MCA Plan and some of the buildings are taller than envisioned, however the plan does accomplish many desirable things: • Consistency with the intent of the MCA Study for Sub area 4. • Provides for the continued need of senior related housing. • Additional mixed use retail, shops and restaurants complement the housing, support surrounding retail, and complete a significant commercial corner of the MCA. • Pedestrian friendly linkages between housing and retail services. • Use of shared parking for the mixed use and retail. • Reduced parking requirements for the senior housing. • Transition of building heights from single-story retail, four-story mixed use, and the high- rise housing elements provide scale and interest. • Significant views of the Purgatory Creek Recreation Area from the proposed housing element. The plan requires waivers for height, density, setbacks, parking, and exterior materials in the RM-2.5 and Community Commercial zoning districts as part of the PUD. The waivers are consistent with the planning principles of the MCA Study for taller buildings, higher densities, shared parking, pedestrian interest, and pedestrian systems. In the October 5, 2007 staff report the recommendation regarding Cash Park Fee was inadvertently omitted. The project will be subject to the Cash Park Fee. The 120-Day Review Period Expires on December 14, 2007. Planning Commission Recommendation The Planning Commission voted 6-1-1 to recommend approval of the project at the October 8, 2007 meeting. This was based on coordinating the traffic circle with the neighboring property to the south and revising the plans as follows: • Greater horizontal relief/shadows of all elevations, especially the at the corners. • Incorporate front door architecture on all sides of the buildings. Tower elements should be added to the corners of each retail buildings. • Reduce the percentage of EFIS on each retail building to no more than 25%. • Public art/sculptures in the public gathering spaces. • Brick pavers for all plazas in front of the retail buildings and public gathering areas. • Use of natural stone for seating walls. • Benches and planter bowls in front of all retail buildings. • Hanging baskets on all plazas and gathering areas. • More decorative fencing. City Council Public Hearing – Presbyterian Homes Eden Prairie Redevelopment November 13, 2007 Page 3 • Large planting beds of perennials and annuals. • Decorative lighting on all plazas and gathering areas and on all sides of the retail and mixed use buildings The plans have been revised according to the Planning Commission recommendations. These revisions will be incorporated into the overall proposal as part of the Exhibit B plans. Attachments 1. Resolution for Guide Plan Change 2. Resolution for PUD 3. Resolution for Preliminary Plat 4. Staff Report 5. Location Map 6. Land Use & Zoning Maps 7. Planning Commission Minutes 8. Letter CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007-____ A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan (“Plan”); and WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of Presbyterian Homes Eden Prairie Redevelopment, by Presbyterian Homes & 605 LLC is for 707 housing units and 70,000 square feet of retail in seven buildings. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan subject to Metropolitan Council approval as follows: High Density Residential and Regional Commercial Service to High Density Residential and Community Commercial on 21.3 acres. ADOPTED by the City Council of the City of Eden Prairie this 13th day of November, 2007. ___________________________ Phil Young, Mayor ATTEST: ___________________________ Kathleen Porta, City Clerk PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT FOR PRESBYTERIAN HOMES & 605 LLC WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on October 8, 2007, on Presbyterian Homes Eden Prairie Redevelopment by Presbyterian Homes & 605 LLC and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS, the City Council did consider the request on November 13, 2007. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Presbyterian Homes Eden Prairie Redevelopment, 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 November 7, 2007. 3. That the PUD Concept meets the recommendations of the Planning Commission October 8, 2007. ADOPTED by the City Council of the City of Eden Prairie this 13th day of November, 2007. _______________________ Phil Young, Mayor ATTEST: ______________________________ Kathleen A. Porta, City Clerk EXHIBIT A PUD Concept- Presbyterian Homes Eden Prairie Redevelopment Legal Description Before Final Plat: Presbyterian Homes total site Legal Description including Castle Ridge, Broadmoor, 605 LLC, and City property. Parcel 1: Lot 1, Block 1; also Outlot C; all in Columbine Road Addition, according to the recorded plat thereof, Hennepin County, Minnesota. (torrens property, certificate of title no. 1195378 which includes additional property) Parcel 2: Tract A: Unit No. 201 (A Wing) Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Tract B: Unit No. 410 (C Wing) Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Tract C: Unit No. 412 (C Wing) and Garage Unit No. 6, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Tract D: Unit No. 300 (A Wing), Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Tract E: Unit No. 222 (B Wing) and Garage Unit No. 8, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Tract F: Unit No. 224 (B Wing) and Garage Unit No. 11, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Tract G: Unit No. 226 (B Wing) and Garage Unit No. 2, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Tract H: Unit No. 423 (B Wing), Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Tract I: Unit No. 213 (C Wing), Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Tract J: Unit No. 312 (C Wing) and Garage Unit No. 13, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Tract K: Unit No. 314 (C Wing) and Garage Unit No. 4, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Tract L: Unit Nos. 427 and 429 (B Wing) and Garage Unit No. 5, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Tract M: Parcel 1: Units in A Wing: Unit Nos. 100, 101, 102, 103, 104, 105, 106, 107, 108, 200, 202, 203, 204, 205, 206, 207, 208, 301, 302, 303, 304, 305, 306, 307, 308, 400, 401, 402, 403, 404, 405, 406, 407 and 408. Units in B Wing: Unit Nos. 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 221, 223, 225, 227, 228, 229, 230, 321, 323, 328, 326, 327, 328, 329, 330, 421, 422, 424, 425, 426, 428 and 430. Units in C Wing: Unit Nos. 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 209, 210, 211, 212, 214, 215, 216, 217, 218, 219, 309, 310, 311, 313, 315, 316, 317, 318, 319, 409, 411, 413, 415, 416, 417, 418 and 419. Units in D Wing: Unit Nos. 150, 151, 152, 153, 154, 155, 156, 157, 158, 250, 251, 252, 253, 254, 255, 256, 257, 258, 350, 351, 352, 353, 354, 355, 356, 357, 358, 450, 451, 452, 453, 454, 455, 456, 457 and 458. Units in E Wing: Unit Nos. 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 259, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468 and 469. Units in F Wing: Unit Nos. 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 471, 472, 473, 474, 475, 476, 477, 478, 479 and 480. Garage Unit Nos. 1, 3, 7, 9, 10, 12, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28. All in Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Parcel 2: Unit Nos. 322 and 324 (B Wing); Unit No. 414 (C Wing); and Garage Unit No. 16; All in Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Tract N: Unit No. 500 also referred to as Garage Unit No. 500, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. (abstract property as to all of Parcel 2) Parcel 3: Lot 1, Block 2, Castle Ridge, according to the recorded plat thereof, Hennepin County, Minnesota. (abstract property) Parcel 4: Lot 2, Block 1, Fountain Place, according to the recorded plat thereof, Hennepin County, Minnesota. (abstract property and torrens property, certificates of title nos. 1148193 and 1148193.5) Note: The registered (torrens) portion of Parcel 4 is described as follows: Lot 2, Block 1, Fountain Place, except that part embraced within the plat of Castle Ridge. Legal Description Before Final Plat: Lots 1-5, Block 1, Castle Ridge 2nd Addition, Hennepin County, MN. PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007-___ RESOLUTION APPROVING THE PRELIMINARY PLAT OF PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT FOR PRESBYTERIAN HOMES & 605 LLC BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Presbyterian Homes Eden Prairie Redevelopment for Presbyterian Homes & 605 LLC stamp dated November 7, 2007, and consisting of 21.3 acres into five lots and road right-of-way, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 13th day of November, 2007. _______________________________ Phil Young, Mayor ATTEST: __________________________ Kathleen A. Porta, City Clerk STAFF REPORT TO: Planning Commission THROUGH: Michael D. Franzen, City Planner FROM: Scott A. Kipp Senior Planner DATE: October 5, 2007 PROJECT: Presbyterian Homes Eden Prairie Redevelopment LOCATION: Southwest of Prairie Center Drive, east of Columbine Road, and west of T.H. 212 APPLICANT: Presbyterian Homes and Service, and 605 Prairie Center Drive, LLC REQUEST: 1. Guide Plan Change from High Density Residential and Regional Commercial to High Density Residential and Community Commercial on 21.3 acres 2. Planned Unit Development Concept Review on 21.3 acres 3. Planned Unit Development District Review with waivers on 21.3 acres 4. Zoning District Change from RM-2.5, RM-6.5 and Commercial Regional Service to RM-2.5 and Community Commercial on 21.3 acres 5. Site Plan Review on 21.3 acres 6. Preliminary Plat of 21.3 acres into five lots and road right-of-way Staff Report – Presbyterian Homes Eden Prairie Redevelopment October 5, 2007 Page 2 BACKGROUND The Comprehensive Guide Plan shows the property as High Density Residential and Regional Commercial land use. The property is zoned RM-2.5, RM-6.5 and Commercial Regional Service. Surrounding land use consists of Regional Commercial to the north, east and south, and Park/Open Space (Purgatory Creek Recreation Area) to the west. The 21.3 acre site contains the Broadmoor Apartments, Castle Ridge Care Center and two additional vacant parcels. PROJECT DESCRIPTION The overall Planned Unit Development includes 707 housing units and 70,000 square feet of retail and restaurant uses to be constructed in three phases between 2008 and 2012. The buildings consist of: • 260 units of all age housing in a tiered 9-13 story building. • 372 units of senior housing in a tiered 9-13 story building which includes: 60 units of skilled nursing, 27 units of memory care, 75 units of assisted living, and 210 units of independent living. • Mixed use retail of 21,000 sq. ft. first floor with 75 units of affordable senior housing in three stories above. • 20,000 sq. ft. of retail • 12,000 sq. ft. of restaurant • 13,000 sq. ft. pharmacy • 4,000 sq. ft. bank GUIDE PLAN CHANGE A guide plan change is proposed from High Density Residential and Regional Commercial to High Density Residential and Community Commercial. This action allows for the necessary shifting of the residential land use component to match the proposed plan and to accommodate mixed use retail and housing. MAJOR CENTER AREA STUDY In January 2006, the City Council adopted a report entitled Eden Prairie Major Center Area Study – The Next 25 years: A Framework for Decision Making, the purpose of which is to chart a course for public and private investment in land development, urban design and infrastructure into the future. The study proposes a vision of the Major Center Area (MCA) based upon comprehensive planning principles. MCA PLANNING PRINCIPLES The realization of a long-term vision for the MCA requires adherence to sound planning principles which identify a balanced set of statements that embody the future intent of land use, Staff Report – Presbyterian Homes Eden Prairie Redevelopment October 5, 2007 Page 3 transportation, urban design and other fundamental systems. These comprehensive principles serve as one of several sets of criteria in evaluating private sector development proposals and their compatibility with the vision for the MCA and provide policy direction. There are many principles; those most relevant to the Presbyterian Homes redevelopment proposal are the following: • Land Use • Transportation • Urban Design • Pedestrian Access, Features and Facilities Since the Presbyterian Homes redevelopment project is located in the MCA it should be first evaluated on its compatibility with the vision and planning principles for the MCA and secondly for conformance with City code requirements. Land Use Included in the MCA Study is the creation of 10 Sub areas to gain a better understanding of the unique characteristics, opportunities and limitations, and how the areas can best contribute to improving the entire MCA. Some of the key land use elements for the MCA include: • Denser regional uses, mixed uses of housing over retail, and more housing within walking distance of services. • Connections between land uses for walking, driving and visual appearance. • Create urban parks, civic and cultural spaces, trails, sidewalks and green streets. • Allow high-rise buildings overlooking Purgatory Creek Recreation Area. Locate taller buildings to take advantage of views and away from existing low-density residences. The Presbyterian Homes redevelopment site is located in Sub area 4, which extends along the southeast portion of the Purgatory Creek Recreation Area west of Prairie Center Drive. The MCA Study shows future land use for the site as High-rise/High density (60 to 75 units per acre and 7-10 stories), Mid-rise/High density (40 to 60 units per acre and 3 to 6 stories), and retail of approximately 15,000 sq. ft. Presbyterian Homes is proposing two high rise, high density residential buildings containing 632 units in a tiered design of 9 to 13 stories, a 21,000 sq. ft. mixed use retail building with 75 units of housing above in three stories, and 49,000 sq. ft. of retail and restaurant in five buildings. The two high-rise buildings are at a density of 55 units per acre. The mixed use housing is at a density of 23 units per acre. Benefits of this proposal include: 1. Consistency with the intent of the MCA Study for Sub area 4. 2. Providing for the continued need of senior related housing. 3. Additional mixed use retail, shops and restaurants complement the housing, support surrounding retail, and complete a significant commercial corner of the MCA. Staff Report – Presbyterian Homes Eden Prairie Redevelopment October 5, 2007 Page 4 4. Shared parking for the mixed use and retail. 5. Reduced parking needs for the senior housing. 6. Transition of building heights from single-story retail, four-story mixed use, and the high- rise housing elements provide scale and interest. 7. Significant views of the Purgatory Creek Recreation Area from the proposed housing element. The two residential buildings have horizontal and vertical relief. The use of various construction materials, roof lines, and colors also help address building scale and interest. Varying the roof line between 9 and 13 stories provides a greater transition and architectural interest than designing both buildings at 10 stories. The retail and mixed use components of the project will need to address street level improvements and provide more materials and construction details for pedestrian scale and street level interest to include: • Greater horizontal relief/shadows of all elevations, especially the at the corners. • Incorporate front door architecture on all sides of the buildings. Tower elements should be added to the corners of each retail buildings. • Reduce the percentage of EFIS on each retail building to no more than 25%. • Provide 3-D architecture for all commercial buildings and mixed use buildings. The street level interest includes outdoor seating walls and benches, a fountain, plazas and courtyards, entry columns and decorative fencing, planters, tree grates, planter bowls, decorative bollards, trash receptacles and lighting and is conceptually shown on the plans. The plans need to be revised to include brick pavers for all plazas and gathering areas, planter bowls, sculpture in the fountains, decorative lighting on all sides of the retail and mixed use buildings to coordinate with the proposed pedestrian lighting, and benches along all the plazas in front of the retail buildings. The landscape plan shows a variety of trees, shrubs, perennials and annuals. To reinforce the concept of street level interest the plan needs to include more areas of perennials and annuals throughout the project including planting beds along Flying Cloud Drive and Prairie Center Drive, planter pots/boxes in front of all of the retail buildings, and hanging baskets on all plaza and gathering areas. All signs in the proposed plans will be reviewed at the time of building permit issuance for conformance with City code. Transportation While land use and transportation capacity should be in balance, some traffic congestion should be accepted as a sign of a vital and desirable area. Efficient use of roadways and mobility on key through movement roadways should be protected. One aspect of efficient road use means a mix Staff Report – Presbyterian Homes Eden Prairie Redevelopment October 5, 2007 Page 5 of land uses that spread peak movements more evenly across the day and can be accomplished by a mix of housing, retail and/or employment. The Presbyterian Homes redevelopment project is a mix of housing and retail use with primary access from Prairie Center Drive, a key through movement roadway. A traffic study for the project was completed by SRF Consulting Group, Inc. and is dated April 13, 2007. The traffic study evaluated the traffic impacts on the adjacent roadway system based on land use assumptions, trip generation estimates and traffic impacts identified in the Major Center Area Study with those of the proposed Presbyterian Homes project. The completed traffic study is included in the Presbyterian Homes EAW. The results of the traffic study are summarized as follows: • The Major Center Area traffic study provides a framework for re-development in the Major Center Area and identifies the necessary transportation improvements to accommodate the anticipated re-development. The traffic generating characteristics of the proposed Presbyterian Homes re-development are slightly less than what was anticipated in the Major Center Area study for the affected parcels. As a result no additional major transportation improvements are identified with the Presbyterian Homes re-development. Due to its overall size and near term construction, the Presbyterian Homes re-development may accelerate the need for several transportation improvements identified in the Major Center Area Study. However, none of the improvements are directly linked to or the responsibility of the proposed re-development. • As additional redevelopment occurs transportation improvements in the Major Center Area will continue to be monitored and implemented on an area-wide basis dependent on the actual size, location, and timing of re-development throughout the Major Center Area. As part of the proposed development, the developer will construct a right turn lane on Prairie Center at Commonwealth Drive. The proposed right turn lane will improve the safety and traffic operations of the intersection. Transit A future bus circulator service primary route is along the outer ring road described as Valley View Road and Prairie Center Drive. The Southwest Transit Station is to be used as the terminal and inter-modal connector to the regional and local bus service. The Presbyterian Homes redevelopment will impact a future bus circulator with increased ridership, and may include trips to access future light rail transit (LRT) with its primary location for the station adjacent to the Town Center. Staff Report – Presbyterian Homes Eden Prairie Redevelopment October 5, 2007 Page 6 Urban Design The relationship of buildings to streets, and the experience of drivers, walkers and bicyclists as they travel the public streets, sidewalks, paths and trails in the MCA are important to the area’s overall sense of place. A positive sense of place, one that defines a distinct identity and recognizable features, landmarks and patterns of development and open space, is something that has a high value for the future of the MCA. Projects should include: • The pedestrian environment should be made attractive as a result of building orientation, scale, and entrances to buildings. • Pedestrian level theme lighting and plantings are important. • Public art should be encouraged. • Public amenities should include plazas, open spaces, landscape spaces, seating areas and pedestrian elements. • Sidewalks should be included for all projects. • Sidewalks should invite pedestrian movement. The plans show: • An artistic obelisk as public art in roundabout. • A fountain and a cascading water pool adjacent to the outside dining areas. • Decorative pedestrian lighting along the sidewalks on both sides of the central parkway and in front of the mixed use retail building. • The land use section recommends building, site plan and landscape changes for pedestrian scale and public amenities. • There are internal and external sidewalks in the project. The plans should be revised to include the following urban design elements: • Brick pavers for all plazas and gathering areas. • Planter bowls and benches along all of the plazas in front of the retail buildings. • Sculpture in the fountains. • Hanging baskets on all plazas and gathering areas. • Decorative lighting on all plazas and gathering areas and on all sides of the retail and mixed use buildings. Pedestrian Features and Facilities As development density increases in the MCA and more residents, workers and shoppers spend part of their daily routine in the area, increased demand and presences of walkers should result. This will make the interconnected system of paths, sidewalks and trails increasingly successful and usable. Staff Report – Presbyterian Homes Eden Prairie Redevelopment October 5, 2007 Page 7 The Presbyterian Homes redevelopment will include completing site perimeter sidewalks and an intricate system of internal sidewalks, crosswalks and plazas throughout the development connecting residential uses to all retail buildings. PLANNED UNIT DEVELOPMENT WAIVERS The following waivers are requested in the RM-2.5 and Community Commercial zoning districts as part of the PUD: RM-2.5 Zoning 1. Density of 55 units per acre for building C and D. Code maximum is 17.4 units per acre. 2. Gross Site Area of 790 sq. ft. per unit for buildings C and D. Code requires 2,500 sq. ft. per unit. 3. Building height of 153 feet for building C and D. Code maximum is 45 feet. 4. Parking of .8 spaces per unit for senior high rise building D. Code requires 2 spaces per unit. 5. Structure setback from Wetland setback buffer Community Commercial 1. Lot size less than 5 acres for lots 1-4. Code minimum is 5 acres. 2. Floor Area Ratio of .873 for building E. Code maximum is .40 3. Building height of 36 feet for building A. Code maximum is 30 feet. 4. Building height of 52 feet for mixed use retail building E. Code maximum is 30 feet. 5. Exterior building materials of less than 75% face brick, glass, and natural stone for buildings 6. Parking of 1 space per unit for affordable senior residential above retail building E. Code requires 2 spaces per unit. 7. Front yard setback to building of 30 feet from Prairie Center Drive for building F and H. Code requires 35 feet. 8. Front yard setback to parking of 17.5 feet from Prairie Center Drive for building A and B. Code requires 35 feet. The waivers are consistent with the planning principles of the MCA Study for taller buildings, higher densities, shared parking, pedestrian interest, and pedestrian systems. The staff does not support the material waivers as proposed. We are comfortable with the use of cultured stone but the percentage of EFIS is too high and should be reduced to no more than 25% for any elevation of any retail building. LANDSCAPING AND TREE REPLACEMENT A total of 3,290 caliper inches of landscaping is required based on the square footage of all buildings. A total of 1,461 caliper inches of significant trees are located on the property, the Staff Report – Presbyterian Homes Eden Prairie Redevelopment October 5, 2007 Page 8 majority of which was planted landscaping when the existing buildings were built. A total of 1,461 caliper inches of significant trees will be lost due to construction. Tree replacement is 1,943 caliper inches. The landscaping together with the tree replacement is 5,234 caliper inches. The plan provides 2,095 caliper inches. It is not possible to meet the total tree replacement on site. The plan includes some of the in-kind landscaping design amenities necessary based on a caliper inch equivalent for the remaining trees, including a fountain/sculpture, planter bowls, seating walls and benches, decorative fencing and large planting beds of perennials and annuals. Costs associated with the remainder of the caliper inches shall be used as follows: Additional public art/sculptures in the public gather spaces, brick pavers for all plazas in front of the retail buildings and public gathering areas, use of natural stone for seating walls, and benches, additional decorative fencing, planter bowls, and large planting beds of perennials and annuals. PRELIMINARY PLAT The preliminary plat shows five lots and additional right-of-way dedication along Prairie Center Drive to accommodate a right-turn lane into the project. Castlemoor Drive right-of-way is proposed to be vacated. ACCESS Access to the project will be from Columbine Road, Prairie Center Drive opposite Commonwealth Drive, and Castlemoor Drive. The westerly half of Castlemoor Drive will become a private road terminating in a roundabout at the entrance to the Fountain Place retail development to the south. The developer should continue to coordinate the final design for the roundabout with the owners of the Fountain Place development. The easterly half of Castlemoor Drive will be removed as part of the overall development. The developer will be required to maintain a viable access through the property between the Fountain Place retail and Prairie Center Drive at all times during project construction. The access road from Columbine Road includes a median opening for left turns into the pharmacy as part of phase one construction. Once this internal access road is extended for use by construction traffic or permanently built as part of phase 2 or phase 3 the left turn median opening will be eliminated. Staff Report – Presbyterian Homes Eden Prairie Redevelopment October 5, 2007 Page 9 UTILITES AND DRAINAGE Storm water will be treated to NURP standards. Infiltration is addressed with the use of rainwater gardens however the City’s goal of 3/4 inch of infiltration from impervious surfaces has not been met. The plans need to be revised to meet the city goal. All buildings will be connected to City sewer and water. WETLANDS An existing wetland is located in the northwest portion of the project. The wetland will remain. The plans show encroachment into the wetland buffer and structure setbacks; however the alternative wetland buffer standards have been met. A waiver for the structure setback will be required. SUMMARY The Comprehensive Guide Plan and the MCA Study are guiding documents for the existing and future use of land. Since both documents guide the future uses supported by policies it allows the market palace to be creative and gives the City the flexibility to accept proposals that are not an identical match but accomplish important land use, house, and development goals. The plan as proposed has less housing and more commercial than the MCA Plan and some of the buildings are taller than envisioned, however the plan does accomplish many desirable things: • Consistency with the intent of the MCA Study for Sub area 4. • Provides for the continued need of senior related housing. • Additional mixed use retail, shops and restaurants complement the housing, support surrounding retail, and complete a significant commercial corner of the MCA. • Pedestrian friendly linkages between housing and retail services. • Use of shared parking for the mixed use and retail. • Reduced parking requirements for the senior housing. • Transition of building heights from single-story retail, four-story mixed use, and the high- rise housing elements provide scale and interest. • Significant views of the Purgatory Creek Recreation Area from the proposed housing element. The staff believes the use of the property is correct as a mixed land use plan, however there are a number of areas where the plan should be adjusted to meet performance standards of the MCA Study and the City code. These are as follows: • Greater horizontal relief/shadows of all elevations, especially the at the corners. • Incorporate front door architecture on all sides of the buildings. Tower elements should be added to the corners of each retail buildings. • Reduce the percentage of EFIS on each retail building to no more than 25%. Staff Report – Presbyterian Homes Eden Prairie Redevelopment October 5, 2007 Page 10 • Public art/sculptures in the public gathering spaces. • Brick pavers for all plazas in front of the retail buildings and public gathering areas. • Use of natural stone for seating walls. • Benches and planter bowls in front of all retail buildings. • Hanging baskets on all plazas and gathering areas. • More decorative fencing. • Large planting beds of perennials and annuals. • Decorative lighting on all plazas and gathering areas and on all sides of the retail and mixed use buildings STAFF RECOMMENDATION Option 1 Recommend approval of the following request: • Guide Plan Change from High Density Residential and Regional Commercial to High Density Residential and Community Commercial on 21.3 acres • Planned Unit Development Concept Review on 21.3 acres • Planned Unit Development District Review with waivers on 21.3 acres • Zoning District Change from RM-2.5, RM-6.5 and Commercial Regional Service to RM- 2.5 and Community Commercial on 21.3 acres • Site Plan Review on 21.3 acres • Preliminary Plat of 21.3 acres into five lots and road right-of-way This is based on plans stamped dated October 5, 2007 and, the staff report dated October 5, 2007, and the following conditions: 1. Prior to review by the City Council the proponent shall revise the plan as follows: A. Incorporate the following plan changes: • Greater horizontal relief/shadows of all elevations, especially the at the corners. • Incorporate front door architecture on all sides of the buildings. Tower elements should be added to the corners of each retail buildings. • Reduce the percentage of EFIS on each retail building to no more than 25%. • Public art/sculptures in the public gathering spaces. • Brick pavers for all plazas in front of the retail buildings and public gathering areas. • Use of natural stone for seating walls. • Benches and planter bowls in front of all retail buildings. • Hanging baskets on all plazas and gathering areas. • More decorative fencing. Staff Report – Presbyterian Homes Eden Prairie Redevelopment October 5, 2007 Page 11 • Large planting beds of perennials and annuals. • Decorative lighting on all plazas and gathering areas and on all sides of the retail and mixed use buildings B. Provide an infiltration plan meeting the city’s goal of 3/4 inch. 2. Prior to release of the final plat, 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. 3. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. 4. Prior to building permit issuance for the property, the proponent shall: A. Provide a landscaping surety equivalent to 150% of the cost of the landscaping. B. Review the plans with the Fire Marshal C. Submit building materials and colors for review and approval. 5. The following waivers are granted as part of the PUD: RM-2.5 Zoning A. Density of 55 units per acre for building C and D. Code maximum is 17.4 units per acre. B. Gross Site Area of 790 sq. ft. per unit for buildings C and D. Code requires 2,500 sq. ft. per unit. C. Building height of 153 feet for building C and D. Code maximum is 45 feet. D. Parking of .8 spaces per unit for senior high rise building D. Code requires 2 spaces per unit. E. Exterior building materials of less than 75% face brick, glass, and natural stone for buildings C and D. F. Structure setback from Wetland setback buffer Staff Report – Presbyterian Homes Eden Prairie Redevelopment October 5, 2007 Page 12 Community Commercial A. Lot size less than 5 acres for lots 1-4. Code minimum is 5 acres. B. Floor Area Ratio of .873 for building E. Code maximum is .40 C. Building height of 36 feet for building A. Code maximum is 30 feet. D. Building height of 52 feet for mixed use retail building E. Code maximum is 30 feet. E. Exterior building materials of less than 75% face brick, glass, and natural stone for buildings A, B, E, F, G, H, I. F. Parking of 1 space per unit for affordable senior residential above retail building E. Code requires 2 spaces per unit. G. Front yard setback to building of 30 feet from Prairie Center Drive for building F and H. Code requires 35 feet. H. Front yard setback to parking of 17.5 feet from Prairie Center Drive for building A and B. Code requires 35 feet. Option 2 Recommend continuance of the project to the November 14, 2007 Planning Commission meeting for the proponent to make the plan changes identified in the Staff Report. Staff recommends Option 2. Technology Dr Columbine Rd t ,-(q57171.1 ttqii 180P-43 --, II 7711 III ti =„4 k:114 A tirt . i A Ne :$cale 7 \ Area Location Map - Presbyterian Homes Address: Prairie Center Drive and Trunk Highway 212, Eden Prairie, MN sit onat„ • AV rat .#211 u-lna Otr 1431. m alk.:1111411 oll11110 A6701114 * %OW zi WA I t 4:1111.41C-mn Naili •11 ETA .411 ruff Atia,..Z."11 E[7 — Metropolitan Urban Service Line (MUSA) DATE Appr v0 03-19-03 Creeks DATE Revi -ed 01-07-03 DATE Revi ed 11-07-05 water DATE Rovi e702-23-06 DATE Revi ed 03-23-06 DATE Revi ed 06-23-06 DATE Revi e112-06.06 DATE Revised 03-01-07 EDEN PRAIRIE I Guide Plan Map Presbyterian Homes Prairie Center Dr & TH 212, Eden Prairie, MN 1 I Low Density Residential 0-2.5 Units/Acre Pi Neighborhood Commercial Ez3 Low Density/Public/Open Space 1---1Community Commercial Medium Density residential 2.5-10 Units/Acre Regional Commercial = Medium Density Residential/Office I I Park/Open Space High Density Residential 10-40 Units/Acre P7 Public/Quasi-Public Office I Golf Course EZ Office/Industrial IN Church/ Cemetary r7Z Office/Public/Open Space I Open Water Industrial I I Right-Of-Way Parcels € I I I Zoning Map Presbyterian Homes Prairie Center Dr & TH 212, Eden Prairie, MN #.043.1112 1111111,0701 16. at= Ow iv-. linpower PAte" !LW Piis irk IA we 410 Kw di., • Rural One Family -10 acre min. R1-44 One Family- 44,000 sf. min. R1-22 One Family-22,000 at min. [ I R1-13.5 One Family-3,50O sf min. R1-9.5 One Family-9,500 sf min. RIvi-6.5 U.P.A. max. ▪ RM-2.5 MuIti-Family-17.4 U.P.A max. Office Neighborhood Commercial [ I Community Commercial ▪ Highway Commercial Regional Service Commercial Regional Commercial Industrial Park - 2 Acre MiR Industrial Park - 5 Acre Min. General Industrial - 5 Acre Min Public Goff Course Water Right-of-Way Chanhassen City limits Highway #312 West of County Road #4 is proposed and under construction at this time. Up dated through Ordinance #10-2007 Ordinance #33-2001 (BFI Addition) approved. but not shown on this map edition Date: March 1,2007 h,a crsar,encylealta If a zon59 ansrssipn on us znx, orch,arcs .u.rkoi L.,,! iitb I f Eden Praeo 54 C.f. ter knil pm, al. EDEN l it! APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, OCTOBER 8, 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 Scott Kipp, Senior Planner Julie Krull, Recording Secretary V. PUBLIC HEARINGS A. PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT Request for: Guide Plan Change from High Density Residential and Regional Commercial to High Density Residential and Community Commercial on 21.3 acres; Planned Unit Development Concept Review on 21.3 acres; Planned Unit Development District Review with waivers on 21.3 acres; Zoning District Change from RM-2.5, RM-6.5 and community Regional Service to RM-2.5 and Community Commercial on 21.3 acres; Site Plan Review on 21.3 acres; Preliminary Plat of 21.3 acres into five lots and road right-of-way. John Mehrkens, representing Presbyterian Homes, presented the proposal. He pointed out Presbyterian Homes has been around 52 years and is the 4th largest non-profit senior housing provider. Their mission is to provide a broad continuum of care to older adults. They acquired the Castle Ridge/Broadmoor site in 2003/2004 and would like to expand their service. The planning request is a joint application of Presbyterian Homes and 605 Prairie Center Drive, LLC. The City Staff encouraged this relationship. The overall Planned Unit Development includes 707 housing units and 70,000 square feet of retail and restaurant uses to be constructed in three phases between 2008 and 2012. Mr. Mehrkens also pointed out they have several MCA plan consistencies, such as, structured parking, mixed use of buildings, and ground floor retail with housing on top. Kirk Velett, architect for the project, talked about the housing aspect of this project. The building masses consist of varied building heights, diverse roof forms, horizontal and vertical articulation and sensitivity to surrounding site edges. Mr. Velett utilized the overhead projector to illustrate the location of the buildings. Kathy Anderson, architect consortium, addressed the retail aspect of this project. She stated CVS Pharmacy would be on the corner of this project with an area next to it for a bank. She also utilized the overhead projector to illustrate the location of the store fronts and the walking and sitting areas located by the store fronts. Ms. Anderson pointed out there is a gathering plaza on a large enough scale to accommodate an outdoor concert. There would also be a turn-around in the complex. Miles Lindberg, discussed the landscaping aspect of the project. He said lots 1-4 meet the landscaping requirements. He pointed there is a shortfall in lot 5. Because of the shortfall, site enhancements have been included with this project. Such as, green roof area, concrete paver areas, a water wall fountain, a pool and fountain, a cascading fountain, bronze sculpture, and decorative pedestrian lights. All of these enhancements total $1,064,000. Kirk Velett, stated sustainable design includes such things as; green roofs, below grade garage, rain gardens, porous parking surfaces, porous pavers, Xcel energy review, recycling existing building materials where possible, and building materials from sustainable sources. Mr. Velett stated the building materials would consist of cultured stone instead of quarried stone. This stone provides additional interest, is more “green” and is more durable, and maintenance free. Mr. Mehrkens summarized by stating this project is a mixed use project that is more unique to Eden Prairie. This project also adds neighborhood retail and closely matches the goals described in the City MCA plan and other City initiatives. Mr. Mehrkens pointed out they will be willing to work with Staff on any issues they have in regards to this project. Stoelting asked Kipp to address the staff report. Kipp said the Staff does not recommend any land use changes but on page 10 of the staff report there are recommendations to the project and because of those recommendations, Staff recommends continuance of the project to comply with plan requests. Stoelting opened the meeting up for public input. Don Uram, of 13600 Carmody Drive, showed a power point presentation. He stated he is not against the project but feels there are issues with the project. He lives on the back side of Purgatory Creek. Mr. Uram showed pictures of mature trees in the area currently covering the buildings. He also showed Flagship Corporate Center, which is a 4-story complex that is still an imposing building. He also showed a 10-story building from across the lake and it was still covered by mature trees. Because of the potentially large tree loss on this property, they will not be covering up the buildings in the area. He is concerned with the height of the proposed buildings in the area and that they will not fit into the existing area. He is also concerned with the amount of tree loss to the area. Vernon Swing, engineer, representing Fountain Place, stated they are in support of this project and have been working with City Staff and Presbyterian Homes to resolve traffic issues. He feels this project will create traffic issues and that there would be other site designs that could eliminate these issues. He utilized the overhead projector to show where these would be located. The first issue to change would be the drive aisle in the southeast corner of the site. They would like to see this aisle realigned to the front of the building. Mr. Swing also pointed out it is vital to maintain access to Prairie Center Drive. The third issue would be inclusion of cross access to this site and lastly, a resolution needs to be reached where both parties are happy with the construction of Castlemoor Drive. Semi-trucks cannot utilize a circular route on Castlemoor Drive. Steve Caruso, of 8500 Franlo Road, had some thoughts in regards to this discussion. First thing is he asked what age group this housing will be catering too. He pointed out this would be elderly and assisted living housing and said there are already two facilities in this area. And with three facilities in this area there would be a lot of ambulance traffic; which would create a lot of anxiety amongst the residents. He also asked if there would be transportation for the residents to Eden Prairie Center. Stoelting summarized the issues as followed: 1. Concern with building height so close to the recreational areas. 2. Tree loss. 3. Fountain Place and issues raised by them. 4. What age group will this site cater to? 5. Ambulance noise. 6. Transportation to Eden Prairie Center. Mr. Mehrkens addressed the building height and said the intent was to make this a high density use site. They wanted to embrace this by design. In going back to the site plan, they are trying to be sensitive to the areas exposed by Purgatory Creek by creating different levels to the building. In regards to the circular turn-around, they have demonstrated trucks can turn around in the area, but they also do not want a lot of truck traffic in that area. Columbine access is more convenient for truck traffic. Mr. Mehrkens said the age group this site will cater to is 55 and over. He pointed out 210 units are for independent living. In addition, there are high level care units for those individuals needing assistance. Stoelting asked Franzen to address this issue. Franzen said in a 2000 census, out of approximately 55,000 people, approximately 5,000 were over the age of 55. He stated the hosing units by type vary throughout the City and according to records from 2006, 700 senior units were built from 1980 to present. Stoltz asked Mr. Mehrkens if it was pure economics to have a building with different levels from 9 stories to 13 stories. Mr. Mehrkens said density issue is an economic need because of soil issues in the area. Stoltz asked, in regards to porous parking surfaces, if this type of parking was for the whole area or just a few spots. Mr. Mehrkens said the porous parking surface would be in just the center section of the site. Because of the cost issues, they tried to sustain this in this area. Stoltz asked about the traffic circle and why they do not think it would be a problem. Dan Parks, from Westwood Engineering, said when Fountain Place was built, they had traffic access points to the west side, which could access out to Hwy 212 or Columbine Road. The turn-around was designed not to have trucks coming in and out of this point, but it would also be capable of handling the truck traffic. Stoltz asked about replacing trees with other upgrades and asked what the intent with that was. Mr. Mehrkens said the tree loss of 3,000 calipers could not be replaced; which constituted a dollar amount of $300,000 to $350,000. What they did was to come up with approximately $1,000,000 of upgrades. Stoltz asked if this had been done before. Franzen said this has been done before with Windsor Plaza. This project proponent is trying to do sustainable things, such as water flow quality and they are also trying to encourage public gathering places. They are doing these upgrades because the landscaping has been maxed out in this area. Pitzrick asked, in regards to effis, if it was downgraded to 5% from 20% he would like to see the amount of effis minimized on this project. Mr. Mehrkens said effis is reduced to the first floor retail buildings; using it only in sign band areas where it economically makes sense. Pitzrick said he would like to see a pedestrian bridge over Prairie Center Drive. Mr. Mehrkens said he would like to see that also. Pitzrick pointed out the bridge will relieve congestion on Prairie Center Drive; he believes this needs to be looked at more comprehensibly. Stoelting asked Staff to address the topic of traffic improvements. Gray said the potential for a walk way would have to include more need than just this project. He stated there is a 50-50 probability that in 20 years this will transpire. Pitzrick stated the parking lot in front of the retail area is very significant and he would like to see this broken up a bit. Mr. Mehrkens said a lot of parking is squeezed into other areas and the retailers need this parking in this area. He pointed out it is pedestrian friendly in its convenience to store fronts. Pitzrick suggested pushing the building back 10 feet to the west. Mr. Mehrkens said they have moved the buildings around and feel this is the best location for this site, but they will look at it again. Pitzrick asked if they considered green roofs for the first story buildings. Mr. Mehrkens said it was an economic issue and that he does realize people in the high-rise will be looking at this, but his hopes are they will look out on the view rather than down on the roof. Pitzrick said in regards to flames burning in the round-about, it might be better not to have gas burning in that area. He asked about the trash enclosures to the south of the building and said they looked undesirable. Ms. Anderson said they were made of the same design as the other buildings, so they would fit in better to the area. Stoelting asked if all of the buildings had trash receptacles. Ms. Anderson used the overhead projector to show where the trash receptacles would be located. Pitzrick commented he liked the design of the buildings and liked the project in general. Stoelting asked Mr. Mehrkens to talk about the three phases of the project. Mr. Mehrkens said Phase 1 would be the building of CVS. Phase 2 would be the senior housing and Phase 3 would be the all age housing. Stoelting asked about underground parking and would there be one or two entrances. Mr. Velett said in the senior building there would be two entries into the garage because there are two floors. In the other building there are three levels of underground parking. There is also parking on the main street level. Stoelting asked if there was a bus service to take residents over to Eden Prairie Center. Mr. Mehrkens confirmed there would be a bus to take them over to the Mall. Stoelting asked how traffic was going to go through the CVS drive-thru. Mr. Mehrkens said the best location for the drive-thru is in the back of the building. He illustrated this using the overhead projector. Stoelting asked if there was a challenge with vehicular movement in regards to the drive- thru. Mr. Mehrkens said there should not be because of the center median and that traffic would be turning to the left to get out of the pharmacy. Koenig stated affordable housing is normally rental units and asked how affordability can be maintained in this complex. Mr. Mehrkens said there is a tax rebate given over time, which offsets the cost of operating this site. Koenig said she has a problem with thirteen stories and does not like the location of these buildings. She feels this will affect the quality of the recreational area. She asked the Commission if they wanted to go with 13 stories. Schultz said he is also concerned about building height. He asked Mr. Mehrkens if the units were pre-sold. Mr. Mehrkens said there were not pre-sold. Stoelting asked Franzen what the market area says about the height of buildings. Franzen said it is about 7-10 stories high in the market study. Stoelting stated this proposal is a little higher than what was previously discussed and asked the project proponent if the buildings could come down in height. Mr. Mehrkens said they could bring two buildings down in height but the other would go up in height to compensate for the difference. Koenig said she likes this project and the City needs it, but she feels the buildings are too high. Pitzrick said if the buildings were cut down to half the size they would take up more green space to accommodate for the loss of occupancy. Stoelting asked if any of the other Commission members were uncomfortable with the building heights. Powell said he thinks the building should be half of this height and said it is out of character for the area. Franzen stated that historically there has been resistance to large and tall buildings at the time of public review, but after they were built the structures appeared to be the right size and in the right location. He added that although the buildings are taller than the MCA Study, there is a good reason for this. The taller buildings allows room on the property to include items that the City has determined to be important, such as public gathering spaces, sidewalks, fountains, public art, rain gardens, pavers, affordability, etc. Franzen noted that the staff directed the developer to have taller building, provided there are varying heights, a unique architecture and variety of building materials and that this would be a better plan than one that met the guidelines precisely with each building at 10 stories. Franzen added that Commission could ask for a plan that conforms to the MCA study, but that would be 1200 units which would leave no room for commercial or amenities. Rocheford asked Kipp if the recommendation was to still continue this project. Kipp said the project could move forward based on recommendations from the Commission. Stoelting asked if it was approved, could it be contingent on conditions on page 9 and 10 of the staff report. Kipp concurred. Pitzrick commented the location of this project allows more access to the park. MOTION by Rocheford, seconded by Seymour, to close the public hearing. Motion carried 8-0. MOTION by Pitzrick, seconded by Schultz, to recommend approval of the Guide Plan Change from High Density Residential and Regional Commercial to High Density Residential and Community Commercial on 21.3 acres; Planned Unit Development Concept Review on 21.3 acres; Planned Unit District Review with waivers on 21.3 acres; Zoning District Change from RM-2.5, RM-6.5 and Commercial Regional Service to RM- 2-5 and Community Commercial on 21.3 acres; Site Plan Review on 21.3 acres and Preliminary Plat of 21.3 acres into five lots and road right-of- way based on plans stamped dated October 5, 2007, and the staff report dated October 5, 2007. Stoelting asked if there was any discussion to the motion. Pitzrick added to the motion, “and coordination of round-about with neighboring property owner.” Motion carried 6-1, with 1 abstention. Creating extrao.dinary Communities Engineering . Landscape Architecture. Planning . Surveying . Traffic MEMORANDUM TO: Michael Franzen mfranzen@edenprairie.org Randy Newton rnewton@edenprairie.org COPY': Wendy Aaserud waaserud@cgpmm.com Dan Parks dan.parks@westwood.com FROM: Nicholas Erpelding, P.E., PTOE nerpelding@rlkinc.com DATE: September 20, 2007 RE: Traffic Impacts to Fountain Place Retail Site — Updated Comments Presbyterian Homes Proposed Mixed-Use Development RLK Project No. 2007-146-M Background RLK Incorporated has been retained by the ownership of Fountain Place to conduct a review of the potential traffic impacts to the operation of the existing Fountain Place retail site due to proposed development of the Presbyterian Homes Mixed-Use site in Eden Prairie. On May 2'1 , 2007, RLK submitted a memo to the City outlining concerns with several aspects of both off- and on-site roadway design. Of primary concern was the design of the roundabout in the southern portion of the Presbyterian Homes site. Presbyterian Homes responded to RLK's memo with a letter dated May 24 th , 2007. In this letter, Presbyterian Homes indicated changes to the Westwood plans had been made or would be forthcoming that would address the RLK/Fountain Place concerns. On June 8 th , RLK met with Westwood in an attempt to resolve remaining design issues. The meeting focused primarily on the design of the roundabout. After putting the project on hold for a couple of months, Westwood resubmitted civil plans to the City the week of August 20 th , 2007. The revised plans do address many of the comments from the May 2`th RLK memo. However, several major design issues do remain, primarily having to do with the roundabout. These remaining issues must be resolved prior to site plan approval. Offices: Duluth . Horn Lake • Hibbing • Minnetonka • Oakdale (952) 933-0972 • 6110 Blue Circle Drive • Suite 100 . Minnetonka, MN 55343 • FAX (952) 933-1153 Equal Opportunity Employer Remaining Issues A. Ro.undabgut Design The design of the intersection of Castlemoor Drive and Commonwealth Drive has evolved to become a standard roundabout, as opposed to a traffic circle. This evolution is beneficial both in terms of safety as well as vehicular operational efficiency. Despite this change, the current design of the roundabout remains deficient in many respects. A properly designed and well-functioning roundabout is in the best interests of both Fountain Place and Presbyterian Homes. Accordingly, RLK's review of the roundabout covered all aspects of roundabout design, not simply operational efficiency. On behalf of Fountain Place, RLK asIs that all of the following deficiencies be corrected prior to site plan approval: 1. Yield Line and Crosswalk Location. The design should be modified to locate the yield line at tht end Of the4Pliftei iilarid, With one car length (approximately 20 feet) back to the crosswalk. 2. Reverse Curvature. As designed, three of the four sides of the roundabout include reverse curvature, which should be eliminated. 3. 270 0 right turn. Westwood's proposed design requires trucks entering Fountain Place from -Gastlernoar-Drive-to -maneuver 2-70° around the roundabout before turning south into the site in —order-to-avoid-overtracking outside of the roundabout. Requiring trucks to make this Maneuver is unduly burdensome to the ownership of Fountain Place. 4. Size of Truck Apron. The purpose of a truck apron is to provide a paved area so that the trailing wheels of large trucks do not overtrack onto landscaped areas of the central island. Typical truck aprons range in width from 6-12 feet. The current design calls for a truck apron measuring 27 feet in width. A truck apron of this size will potentially lead drivers to use it as a second travel lane, dramatically impacting safety. 5. Paving Materials. Following up on the previous concern, the materials used to pave the truck apron should contrast visually from the materials used for the traveled way. As designed, a single unique material for the traveled way and truck apron appears to be proposed (the detail on page 16 is not clear). Further, six concrete "bands" run transverse across the entire width of the truck apron/traveled way. 6. Street Lighting. Street lights should be provided on all four "corners" of the roundabout (where the legs meet the circulatory roadway). 7. Central Island Landscaping. Landscaping for the center island of the roundabout should be planned in such a way as to eliminate items that may entice pedestrians to cross to the center island to get a closer look. Page 17 of the plans details an obelisk with "precast medallions" to be located in the center island. Care should be taken to ensure this entire design feature is able to be appreciated by pedestrians from the exterior of the roundabout (65 feet away). 8. General Landscaping. Landscaping located close to the circumference of the circulatory roadway may interfere with the ability of drivers approaching the yield to see vehicles already in the roundabout to which they might need to yield. Sight triangles for all for legs should be checked to ensure adequate sight distance is provided. RLK Incorporated Page 2 of 3 September 20, 2007 Presbyterian Homes 2007-146-M B. Parking Lot Cut-Through The May 2 thi RLK memo asked Presbyterian homes to relocate the parking cut through on the southeast portion of the Presbyterian Homes site "approximately ten parking stalls to the northwest to align with the parking drive aiSles in both the Presbyterian Homes and Fountain Place sites, allowing easier movement between the two Sites." In their May 24' response memo, Presbyterian Homes indicated they were willing to make the adjustment. The current plans, however, do not show a change. Fountain Place ownership asks that this modification be made prior to site plan approval. C. Construction Access Presbyterian Homes states in their response letter, "It is our intention to maintain circulation [from Fountain _Place] to Prairie Center Drive via either Castlemoor Drive or the new boulevard throughout all pliases -ethe tlivelopnient." Fountain Place ownership asks that site plan approval be conditioned on maintenance of such access throughout construction. D. Permanent Cross Access Easement Piesbyterian Homes states in their response letter, "We are open to a cross access easement in favor of Fotmtain-Place -and will be happy to visit with them about cross easements." Fountain Place ownership asks-that-site -plan-approval be conditioned on inclusion of a cross access easement. GAEP-Minn, LLC 2007-146-M \ Technical Data Traffic\ memolPH Site Traffic Comments Update 2007-09-20.doc RLK Incorporated Presbyterian Homes Page 3 of 3 September 20, 2007 2007-146-M CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: November 13, 2007 DEPARTMENT/DIVISION: Sue Kotchevar, Office of the City Manager/Finance ITEM DESCRIPTION: Payment of Claims ITEM NO.: X. Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 168509 – 169287 Wire Transfers 2835 - 2856 (2850-2856 US Bank Purchasing Card payment) City of Eden Prairie Council Check Summary 11/13/2007 Division Amount Division Amount General 46,826 601 Prairie Village Liquor 204,764 100 City Manager 277 602 Den Road Liquor 296,654 101 Legislative 1,495 603 Prairie View Liquor 190,468 104 Contingency 1,042 605 Den Road Building 24,789 110 City Clerk 2,435 701 Water Fund 229,056 111 Customer Service 17,517 702 Sewer Fund 250,709 112 Human Resources 338 703 Storm Drainage Fund 23,804 113 Communication Services 14,782 802 494 Commuter Services 6,014 114 Benefits & Training 13,259 803 Escrow Fund 5,817 116 Facilities 90,194 804 100 Year History 1,122 117 City Center 188,182 806 SAC Agency Fund 6,700 130 Assessing 535 807 Benefits Fund 481,178 131 Finance 3,822 809 Investment Fund 5,737 132 Social Services 23,907 810 Workers Comp Insurance 174,837 133 Planning 7,733 811 Property Insurance 1,184 135 Information Technology 68,891 136 Public Safety Communications 9,484 Report Totals 5,517,095 137 Economic Development 1,325 138 Community Development Admin. 456 150 Park Administration 867 151 Park Maintenance 55,775 153 Organized Athletics 11,322 154 Community Center 12,771 156 Youth Programs 3,374 157 Special Events 1,358 158 Adult Recreation 2,106 159 Recreation Administration 75 160 Therapeutic Recreation 648 161 Oak Point Pool 101 162 Arts 668 163 Outdoor Center 3,478 164 Park Rental Facilities 114 180 Police 35,826 183 Emergency Preparedness 486 184 Fire 29,937 186 Inspections 128 200 Engineering 7,374 201 Street Maintenance 10,537 202 Street Lighting 1,292 203 Fleet Services 57,619 204 Equipment Revolving -62 301 CDBG 13,369 303 Cemetary Operation 1,311 304 Senior Board 2,967 308 E-911 1,522 309 DWI Forfeiture 55 316 WAFTA 510 318 Community Center Donations 10,695 502 Park Development 214,664 503 Utility Improvement 59,067 506 Improvment Bonds 1996 2,163 509 CIP Fund 188,753 511 Construction Fund 124,158 512 CIP Trails 121,759 515 Fire Station #4 3,303 516 ADC PROJECT 865 519 Community Center Referendum 862,007 520 Parks Referendum 898,073 522 Improvement Projects 2006 18,870 523 3rd Sheet of Ice 361,855 City of Eden Prairie Council Check Register 11/13/2007 Check # Amount Vendor / Explanation Account Description Business Unit 2835 138 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 2836 1,442 AMERICA'S VEBA SOLUTION Other Contracted Services Finance 2837 145 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 2838 1,463 AMERICA'S VEBA SOLUTION Other Contracted Services Finance 2839 331 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 2840 25 MINNESOTA DEPT OF REVENUE Licenses & Taxes Fleet Services 2841 85,134 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 2842 12,710 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2843 16,103 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2844 99,925 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2845 28,548 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2846 147,990 WELLS FARGO MINNESOTA N A SS & Medicare Health and Benefits 2847 2,847 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2848 5,946 WELLS FARGO MINNESOTA N A Federal Taxes Withheld Health and Benefits 2849 0 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 2856 27,517 US BANK 168510 669 PETTY CASH Mileage & Parking Water Distribution 168511 1,502 US POSTMASTER - HOPKINS Postage Water Accounting 168512 168 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 168513 494 ACTION PLUS SPORTSWEAR Operating Supplies Girls on the Run 168514 258 ACTION RADIO & COMMUNICATIONS, Equipment Parts Fleet Services 168515 986 AIR POWER EQUIPMENT CORPORATIO Contract Svcs - Fire/Life/Safe Fire Station #2 168516 348 AL'S COFFEE Merchandise for Resale Concessions 168517 293 ALTERNATIVE BUSINESS FURNITURE Capital Under $2,000 Furniture 168518 7,290 AMERICAN WATER WORKS ASSOCIATI Dues & Subscriptions Utility Operations - General 168519 53 AMERIPRIDE LINEN & APPAREL SER Repair & Maint. Supplies Den Road Liquor Store 168520 261 ANCHOR PRINTING COMPANY Printing Police 168521 3,469 AQUA CITY PLUMBING AND HEATING Equipment Testing/Cert. Water Treatment Plant 168522 50 ARMA INTERNATIONAL INC. Dues & Subscriptions City Clerk 168523 189 ARMOR SECURITY INC. Other Contracted Services Outdoor Center 168524 482 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 168525 292 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 168526 17,584 BEC INC Improvement Contracts Improvement Projects 2006 168527 3,724 BELLBOY CORPORATION Liquor Den Road Liquor Store 168528 3,836 BITUMINOUS ROADWAYS INC Repair & Maint. Supplies Storm Drainage 168529 226 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs - Security City Center Operations 168530 40 BOLD, PAULINE Instructor Service Outdoor Center 168531 8,634 BRAUN INTERTEC CORPORATION Improvements to Land Parks Referendum 168532 320 BROWN TRAFFIC PRODUCTS Equipment Repair & Maint Traffic Signals 168533 92 BUSINESS JOURNAL, THE Dues & Subscriptions Assessing 168534 200 CAMPOS, LORI Instructor Service Outdoor Center 168535 1,346 CAT & FIDDLE BEVERAGE Wine Domestic Prairie View Liquor Store 168536 1,955 CEMSTONE PRODUCTS COMPANY Improvement Contracts CIP Trails 168537 637 COLOR PRINTING Printing Police 168538 90 COMCAST Dues & Subscriptions City Council 168539 6,284 COMMUNITY ACTION PARTNERSHIP Refunds CDBG - Public Service 168540 21 CONRADI, CONNIE Program Fee Health and Fitness 168541 2,492 CORPORATE EXPRESS Office Supplies Police 168542 88 CRIPE, JACQUELYN V Other Contracted Services Volleyball 168543 21 CUB FOODS EDEN PRAIRIE Miscellaneous Police 168544 378 CUSTOM WATER WORKS Miscellaneous Reserve 168545 9,360 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 168546 8,739 DAY DISTRIBUTING Beer Prairie View Liquor Store 168547 646 DAY, DAVID Other Contracted Services Softball 168548 1,707 DECORATIVE DESIGNS INC Contract Svcs - Int. Landscape City Hall - CAM 168549 8,649 DELL Computers Organizational Services 168550 1,710 DEPARTMENT OF PUBLIC SAFETY LOGIS Information Technology 168551 398 DESIGN DESIGN Misc Taxable Den Road Liquor Store 168552 22,748 DIVERSE BUILDING MAINTENANCE Janitor Service Senior Center 168553 3,010 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 168554 187 EARL F ANDERSEN INC Operating Supplies Reserve Check # Amount Vendor / Explanation Account Description Business Unit 168555 2,188 EDEN PRAIRIE, CITY OF Building Parks Referendum 168556 994 EMMONS & OLIVIER RESOURCES INC Other Contracted Services Storm Drainage 168557 323 FORKLIFTS OF MINNESOTA INC Equipment Testing/Cert. Water Treatment Plant 168558 4,704 GARDEN ROOM FRATELLI'S GARDEN Deposits Escrow 168559 276 GARTNER REFRIGERATION & MFG IN Contract Svcs - Ice Rink Ice Arena Maintenance 168560 217 GE CAPITAL Other Rentals General 168561 32,116 GLENN REHBEIN EXCAVATING INC Improvements to Land Park Acquisition & Development 168562 314 GOFZONE Operating Supplies Summer Skill Development 168563 1,300 GRAFIX SHOPPE Equipment Repair & Maint Fleet Services 168564 211 GRAINGER Supplies - HVAC City Hall - CAM 168565 642 GRAND PERE WINES INC Wine Imported Prairie Village Liquor Store 168566 1,646 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store 168567 2,294 GRIFFITHS, MARY Other Contracted Services Rehab 168568 12,964 GRIGGS COOPER & CO Liquor Den Road Liquor Store 168569 1,769 GROUP HEALTH INC-WORKSITE Other Contracted Services Organizational Services 168570 177 HACH COMPANY Laboratory Chemicals Water Treatment Plant 168571 22 HAMEL, STEPH Program Fee Classes/Programs/Events 168572 56,539 HANSEN THORP PELLINEN OLSON Improvements to Land Parks Referendum 168573 7,101 HAWKINS INC Treatment Chemicals Water Treatment Plant 168574 73 HEADIA, DAVE Memberships Community Center Admin 168575 10,695 HEDBERG AGGREGATES Other Contracted Services Community Center Donations 168576 341 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology 168577 468 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 168578 205 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Police 168579 20 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 168580 45 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 168581 242 HENRY, PAUL Other Contracted Services Volleyball 168582 1,016 HOHENSTEINS INC Beer Prairie Village Liquor Store 168583 333 HYDROLOGIC Repair & Maint. Supplies Park Maintenance 168584 1,196 IDEXX DISTRIBUTION CORP Laboratory Chemicals Water Treatment Plant 168585 190,608 IMPERIAL DEVELOPERS Improvement Contracts Parks Referendum 168586 170 IND SCHOOL DIST 272 Operating Supplies Pool Lessons 168587 109 J H LARSON COMPANY Supplies - Electrical City Hall - CAM 168588 7,743 JJ TAYLOR DIST OF MN Beer Prairie View Liquor Store 168589 317 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair & Maint Water Treatment Plant 168591 24,726 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 168592 66 JUDD, DAVID Program Fee Classes/Programs/Events 168593 731 KEEPERS Clothing & Uniforms Fire 168594 239 KING DISTRIBUTORS Operating Supplies Police 168595 30 KROEGER, TARA L Other Contracted Services Volleyball 168596 40,428 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance 168597 125 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 168598 127 LEWIS, BARBARA Recreation Supplies Tennis 168599 35 LOFRANO, TAMMY Licenses, Permits, Taxes Fitness Classes 168600 30,248 LOGIS LOGIS Information Technology 168601 284 M. AMUNDSON LLP Misc Taxable Prairie Village Liquor Store 168602 3,998 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 168603 9,812 MARK VII Misc Taxable Den Road Liquor Store 168604 52 MCGINTY-VANSICKLE, PATTI Mileage & Parking Police 168605 486 MENARDS Operating Supplies Utility Operations - General 168606 52 MERLINS ACE HARDWARE Supplies - General Bldg Community Center Maintenance 168607 4,460 METRO SALES INCORPORATED* Other Rentals General 168608 6,633 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 168609 125 MGWA Conference Expense Utility Operations - General 168610 27,456 MIDWEST ASPHALT CORPORATION Improvements to Land Parks Referendum 168611 315 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 168612 93,015 MINGER CONSTRUCTION INC Improvement Contracts Construction Fund 168613 210 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police 168614 90 MINNESOTA BD OF PEACE OFFICER Dues & Subscriptions Police 168615 234 MINNESOTA HUMAN SERVICES Other Contracted Services Park Maintenance 168616 57 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 168617 367 MINNESOTA TROPHIES & GIFTS Operating Supplies Fire 168618 462 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 168619 1,917 MTI DISTRIBUTING INC Equipment Parts Fleet Services 168620 572 NEUMANN, NEAL Other Contracted Services Softball Check # Amount Vendor / Explanation Account Description Business Unit 168621 409 NEW FRANCE WINE COMPANY Wine Domestic Prairie View Liquor Store 168622 154 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 168623 2,295 NORTHSTAR MUDJACKING SPECIALIS Improvement Contracts CIP Trails 168624 28 OLSEN COMPANIES Operating Supplies Park Maintenance 168625 77 ONCE UPON A STAR Instructor Service Preschool Events 168626 10 OSI BATTERIES INC Operating Supplies Traffic Signs 168627 468 PAT KERNS WINE MERCHANTS Wine Domestic Prairie Village Liquor Store 168628 3,865 PAUSTIS & SONS COMPANY Wine Domestic Den Road Liquor Store 168629 50 PETSMART Canine Supplies Police 168630 10,805 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 168631 685 PLEHAL BLACKTOPPING INC Other Assets Parks Referendum 168632 950 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Community Center Maintenance 168633 211 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Services 168634 748 PRIOR WINE COMPANY Wine Imported Prairie View Liquor Store 168635 104 PROTECTION ONE Other Contracted Services Cummins Grill 168636 123 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 168637 8,923 QUALITY WINE & SPIRITS CO Transportation Prairie View Liquor Store 168638 44 QUICKSILVER EXPRESS COURIER Postage Park Maintenance 168639 229,592 QUIRING TRUCKING & EXCAVATING Improvements to Land Parks Referendum 168640 246 QWEST Telephone Water Distribution 168641 661 R D & ASSOC SPECIALIZED SERVIC Other Contracted Services Tree Removal 168642 400 RAY, LEE Other Contracted Services Softball 168643 175,000 ROCHON CORP Building Parks Referendum 168644 4,308 RUMPCA CO INC Waste Disposal Tree Removal 168645 33 SETON EVENTS Supplies - General Bldg Community Center Maintenance 168646 325 SHAMROCK GROUP, INC - ACE ICE Misc Non-Taxable Prairie Village Liquor Store 168647 813 SHORT ELLIOTT HENDRICKSON INC Design & Engineering Improvement Projects 1996 168648 244 SINELL, STEVE Conference Expense Assessing 168649 755 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 168650 1,932 SPORTS UNLIMITED Instructor Service Camps 168651 2,157 SPRINT Wireless Subscription Information Technology 168652 330 STILLWATER CONSULTING INC Other Contracted Services Organizational Services 168653 83 STREICHERS Clothing & Uniforms Police 168654 1,345 SUBURBAN CHEVROLET Equipment Parts Fleet Services 168655 50 SUN NEWSPAPERS Legal Notices Publishing City Clerk 168656 189 TESSMAN SEED CO Landscape Materials/Supp Park Maintenance 168657 11,878 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 168658 2,619 TWIN CITY SEED CO Improvements to Land Capital Impr. / Maint. Fund 168659 30 TWINWEST Other Contracted Services Economic Development 168660 27 UNIFORMS UNLIMITED Operating Supplies Police 168661 286 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 168662 551 US POSTMASTER - HOPKINS Postage Senior Center Administration 168663 1,607 VAN HECKE, KATHY Other Contracted Services Rehab 168664 60 VERIZON WIRELESS Wireless Subscription Information Technology 168665 627 VINO SOURCE, THE Wine Imported Den Road Liquor Store 168666 254 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 168667 104 WACONIA FARM SUPPLY Equipment Repair & Maint Park Maintenance 168668 10,250 WALL TRENDS INC Contract Svcs - General Bldg City Hall - CAM 168669 415 WALSER AUTO GLASS Insurance Property Insurance 168670 744 WATSON CO INC, THE Merchandise for Resale Concessions 168671 12 WEBER, CHARLES Program Fee Classes/Programs/Events 168672 617 WHEELER LUMBER LLC Other Contracted Services Street Maintenance 168673 2,000 WHITE, KEVIN Tuition Reimbursement/School Police 168674 2,160 WINE COMPANY, THE Wine Domestic Prairie View Liquor Store 168675 2,872 WINE MERCHANTS INC Wine Imported Den Road Liquor Store 168676 644 WORK CONNECTION, THE Other Contracted Services Park Maintenance 168677 1,732 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store 168678 24 XCEL ENERGY Electric Flying Cloud Off Leash Park 168679 457 YOUNG, PHIL Travel Expense City Council 168680 516 ZEP MANUFACTURING CO Lubricants & Additives Fleet Services 168681 550 ZOELLNER, MARK Other Contracted Services Softball 168682 2,211 EDEN PRAIRIE, CITY OF Improvement Contracts Utility Improvement Fund 168683 200 EDGINGTON, HEATHER L Special Event Fees Red Hat 168684 111 FETTER, PAIGE A Other Contracted Services Teen Work Program 168685 139 LESTER, ALYSSIA AR Utility Water Enterprise Fund Check # Amount Vendor / Explanation Account Description Business Unit 168686 324 PETTY CASH-POLICE DEPT Operating Supplies Police 168689 25 CITY OF ST MICHAEL Dues & Subscriptions Finance 168690 760 MINNESOTA STATE FIRE CHIEFS AS Conference Expense Fire 168691 880 3CMA Dues & Subscriptions Communication Services 168692 329 4IMPRINT Miscellaneous Reserve 168693 158 ABM EQUIPMENT AND SUPPLY COMPA Equipment Repair & Maint Fleet Services 168694 60 AGNER, ANNETTE Lessons & Classes Fitness Classes 168695 226 AIR POWER EQUIPMENT CORPORATIO Equipment Testing/Cert. Fire 168696 240 ALEX AIR APPARATUS INC Equipment Testing/Cert. Fire 168697 184 AMERIPRIDE LINEN & APPAREL SER Repair & Maint. Supplies Prairie View Liquor Store 168698 2,049 AMERITRAK Capital Under $2,000 Street Maintenance 168699 4,259 AMTECH LIGHTING SERVICES Other Contracted Services Park Maintenance 168700 791 ANCHOR PAPER COMPANY Office Supplies General 168701 208 ANCHOR PRINTING COMPANY Printing Fire 168702 12 ANDERSON, ANN Program Fee Classes/Programs/Events 168703 188 AQUA LOGIC INC Contract Svcs - General Bldg Pool Maintenance 168704 3,469 ARSENAULT ASSOCIATES Software Maintenance Information Technology 168705 90 AT&T MOBILITY Pager & Cell Phone Water System Maintenance 168706 132 BARNES, BELINDA A. Other Contracted Services Volleyball 168707 10 BARTEL, RONALD Program Fee Special Events & Trips 168708 6,096 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 168709 1,050 BECKER ARENA PRODUCTS INC Contract Svcs - Ice Rink Ice Arena Maintenance 168710 7,287 BELLBOY CORPORATION Liquor Den Road Liquor Store 168713 7,170 BIFFS INC Waste Disposal Park Maintenance 168714 1,590 BLOOMINGTON, CITY OF Other Contracted Services Animal Control 168715 472 BOYER TRUCKS Equipment Parts Fleet Services 168716 55 BRANVOLD, ANDREA Lessons & Classes Ice Arena 168717 244 BRO-TEX INC Safety Supplies Fleet Services 168718 777 BROWN, PAUL Other Contracted Services Touch Football 168719 895 CARDIAC SCIENCE CORPORATION Operating Supplies Fire 168720 196 CAT & FIDDLE BEVERAGE Wine Domestic Prairie View Liquor Store 168721 27 CAWLEY COMPANY, THE Office Supplies City Manager 168722 840 CEMSTONE PRODUCTS COMPANY Improvement Contracts CIP Trails 168723 10,837 CENTERPOINT ENERGY SERVICES IN Gas City Hall - CAM 168724 194 CHOICE INC Other Contracted Services Prairie Village Liquor Store 168725 3,099 CIVIC SYSTEMS LLC Other Contracted Services Capital Impr. / Maint. Fund 168726 95 CLAREYS INC Clothing & Uniforms Street Maintenance 168727 514 CLARK ENGINEERING CORP Improvements to Land Park Acquisition & Development 168728 684 CORPORATE EXPRESS Office Supplies General 168729 122 COSTCO Operating Supplies Fire 168730 220 CRIPE, JACQUELYN V Other Contracted Services Volleyball 168731 236 CROWD CONTROL WAREHOUSE Operating Supplies Den Road Liquor Store 168732 61 CULLIGAN BOTTLED WATER Operating Supplies Fire 168733 796 CUMMINS NPOWER LLC Repair & Maint. Supplies Fire 168734 4,747 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 168735 77 DALE GREEN COMPANY, THE Landscape Materials/Supp Street Maintenance 168736 5,697 DAY DISTRIBUTING Beer Prairie Village Liquor Store 168737 244 DELL Equipment Parts Fleet Services 168738 34 DISH NETWORK Cable TV Community Center Admin 168739 2,217 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 168740 224 EARL F ANDERSEN INC Other Contracted Services Storm Drainage 168741 200 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Parks Administration 168742 931 EF JOHNSON Equipment Repair & Maint Wireless Communication 168743 180 EHLERS & ASSOCIATES INC Deposits Escrow 168744 5,558 ERICKSON ENGINEERING COMPANY Other Contracted Services Engineering 168745 183 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 168746 128 FADDEN, TIMOTHY Operating Supplies Inspections-Administration 168747 420 FEDEX KINKO'S OFFICE AND PRINT Operating Supplies Emergency Preparedness 168748 5,619 FIRE SAFETY USA INC Conference Expense Fire 168749 2,889 FLORIDA MICRO LLC Other Hardware Fire Station #4 168750 13 FORCE AMERICA Equipment Parts Fleet Services 168751 550 FORSBERG, JEFF Other Contracted Services Softball 168752 679 FREELINC Equipment Parts Wireless Communication 168753 268 G & K SERVICES Clothing & Uniforms Prairie Village Liquor Store 168754 684 G & K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations - General Check # Amount Vendor / Explanation Account Description Business Unit 168755 143 GARDEN ROOM FRATELLI'S GARDEN Miscellaneous Internal Events 168756 1,786 GE CAPITAL Other Rentals General 168757 389 GENERAL GROWTH PROPERTIES LP-E Building Rental CDBG Fund 168759 467 GENUINE PARTS COMPANY Equipment Parts Fleet Services 168760 666 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 168761 747 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 168762 210 GRIFFITHS, MARY Other Contracted Services Rehab 168763 9,342 GRIGGS COOPER & CO Liquor Den Road Liquor Store 168764 220 HAGEN, SIDNEY E Other Contracted Services Softball 168765 3,205 HANSEN THORP PELLINEN OLSON Improvements to Land Park Acquisition & Development 168766 21,678 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 168767 184,221 HEALTHPARTNERS Medical Bills Prepaid Health and Benefits 168768 40 HENNEPIN CHIEF'S ASSOCIATION Tuition Reimbursement/School Police 168769 177 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 168770 314 HENRY, PAUL Other Contracted Services Volleyball 168771 601 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 168772 264 HOLMES, JOHN CARTER Other Contracted Services Volleyball 168773 264 HOLMES, TOM Other Contracted Services Volleyball 168774 341 ICI DULUX PAINT CTRS Operating Supplies Park Maintenance 168775 611 J-CRAFT DIV OF CRYSTEEL MFG IN Small Tools Fleet Services 168776 200 JAKE SERVICES Ed Center - Contr. Svcs City Ctr - Tenant Direct Costs 168777 145 JENSEN, DON Tuition Reimbursement/School Fire 168778 10,086 JJ TAYLOR DIST OF MN Beer Den Road Liquor Store 168779 32,307 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store 168780 188 KASZYNSKI, BETH Conference Expense Engineering 168781 4,014 KEEPERS Clothing & Uniforms Fire 168782 171 LAND CARE EQUIPMENT COMPANY Equipment Parts Fleet Services 168783 29 LANE, SUE Memberships Community Center Admin 168784 794 LANO EQUIPMENT INC Equipment Parts Fleet Services 168785 117,599 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance 168786 1,056 LITTLE FALLS MACHINE INC Equipment Parts Fleet Services 168787 150 LUDWIG, JAY Other Contracted Services Cummins House Special Events 168788 162 M. AMUNDSON LLP Misc Taxable Den Road Liquor Store 168789 7 MANAVIKAR, RAGHVENDRA Lessons & Classes Ice Arena 168790 7,113 MARK VII Beer Den Road Liquor Store 168791 389 MASS BAR-MATE CORP Misc Taxable Den Road Liquor Store 168792 14 MENARDS Operating Supplies Street Maintenance 168793 340 METHODIST HOSPITAL Other Contracted Services Workers Comp Insurance 168794 4,746 METRO FIRE Protective Clothing Fire 168795 1,434 METRO SALES INCORPORATED* Office Supplies Fire 168796 231,524 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility - General 168797 91 METROPOLITAN FORD Equipment Parts Fleet Services 168798 1,904 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 168799 840 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 168800 1,391 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 168801 2,707 MINNESOTA ATHLETIC APPAREL Clothing & Uniforms Fire 168802 503 MINNESOTA CONWAY Equipment Repair & Maint Fire 168803 50 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 168804 43 MN MAINTENANCE EQUIPMENT INC Equipment Repair & Maint Park Maintenance 168805 7,349 MOBILE RADIO ENGINEERING INC Equipment Repair & Maint Wireless Communication 168806 66 MORAN USA, LLC Misc Taxable Den Road Liquor Store 168807 79 MOTOROLA Equipment Repair & Maint Wireless Communication 168808 125 MTI DISTRIBUTING INC Equipment Parts Fleet Services 168809 50 NALLEY, PAT Program Fee Outdoor Center 168810 430 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 168811 4,743 NILSSON, BETH Instructor Service Ice Arena 168812 173 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 168813 17,183 PARK NICOLLET CLINIC Other Contracted Services Workers Comp Insurance 168814 6,481 PAUSTIS & SONS COMPANY Wine Imported Prairie View Liquor Store 168815 367 PEPSI COLA COMPANY Merchandise for Resale Concessions 168816 16,519 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 168817 133 POMP'S TIRE SERVICE INC Equipment Repair & Maint Fleet Services 168818 67 PORTA, KITTY Mileage & Parking City Clerk 168819 85 POWER SYSTEMS Equipment Parts Fleet Services 168820 35 PRAIRIE LAWN AND GARDEN Equipment Repair & Maint Fire Check # Amount Vendor / Explanation Account Description Business Unit 168821 9,058 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 168822 7,861 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 168823 699 PRIOR WINE COMPANY Wine Imported Den Road Liquor Store 168824 42 PUCHALSKI, KEITH Operating Supplies Fire 168825 118 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 168826 21,643 QUALITY WINE & SPIRITS CO Wine Imported Den Road Liquor Store 168827 1,558 QWEST Telephone E-911 Program 168828 931 R D & ASSOC SPECIALIZED SERVIC Other Contracted Services Tree Removal 168829 100 RAY, LEE Other Contracted Services Softball 168830 788 SCHARBER & SONS Equipment Parts Fleet Services 168831 332 SEATON, ROBYN Operating Supplies Arts Initiative 168832 288 SHAMROCK GROUP, INC - ACE ICE Misc Non-Taxable Prairie Village Liquor Store 168833 2,426 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Storm Drainage 168834 24 SMITH, MARY JANE & ROBERT Program Fee Classes/Programs/Events 168835 128 SMITH, SHELLEY Operating Supplies Arts Initiative 168836 52 SPRINGER, KIP Capital Under $2,000 Fire 168837 61 SPRINT Telephone Engineering 168838 189 STANLEY ACCESS TECH LLC Building Repair & Maint. Prairie Village Liquor Store 168839 4,844 STANLEY SECURITY SOLUTIONS INC Supplies - Security Community Center Maintenance 168840 25 STAR TRIBUNE Dues & Subscriptions Prairie View Liquor Store 168841 25 STEINER, SHARON Program Fee Red Hat 168842 547 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 168843 6,935 STREICHERS Operating Supplies Police 168844 107 SUN NEWSPAPERS Legal Notices Publishing City Clerk 168845 2,470 TERRITORIAL SUPPLIES INC Other Assets Police 168846 1,103 TESSMAN SEED CO Improvements to Land Parks Referendum 168847 86 THIELMAN, MARC Mileage & Parking General Facilities 168848 10,734 THORPE DISTRIBUTING Beer Den Road Liquor Store 168849 391 TIMBERWALL LANDSCAPING INC Landscape Materials/Supp Street Maintenance 168850 176 TIMM, KEVIN Other Contracted Services Softball 168851 298 TRAFFIC CONTROL CORPORATION Equipment Repair & Maint Traffic Signals 168852 2,284 TRANSPORT GRAPHICS Equipment Repair & Maint Fire 168853 221 TRI-ANIM HEALTH SERVICES INC Safety Supplies Fire 168854 790 TRUCK UTILITIES MFG CO Equipment Repair & Maint Fleet Services 168855 217 TWIN CITY OXYGEN CO Equipment Parts Fleet Services 168856 3,268 TWIN CITY SEED CO Landscape Materials/Supp Parks Referendum 168857 648 UNIVERSITY OF MINNESOTA Conference Expense Engineering 168858 234 UPSTREAM ARTS INC Other Contracted Services Teen Programs 168859 874 VARGAS, JOSHUA A Other Contracted Services Softball 168860 212 VERIZON WIRELESS Pager & Cell Phone Park Maintenance 168862 1,105 VINOCOPIA Wine Domestic Prairie View Liquor Store 168863 320 WALSER CHRYSLER JEEP Equipment Parts Fleet Services 168864 749 WINE COMPANY, THE Wine Domestic Prairie View Liquor Store 168865 4,394 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 168866 1,084 WORK CONNECTION, THE Other Contracted Services Park Maintenance 168867 984 WORLD CLASS WINES INC Wine Imported Prairie View Liquor Store 168868 41,361 XCEL ENERGY Electric Traffic Signals 168869 5,181 YALE MECHANICAL INC Contract Svcs - HVAC City Hall - CAM 168870 103 ZAFFT, WILL Tuition Reimbursement/School Fire 168871 160 ZIEGLER INC Small Tools Fleet Services 168873 4,020 ASPEN WASTE SYSTEMS INC. Waste Disposal City Hall - CAM 168874 137 BEAL, KATIE Conference Expense Communication Services 168875 100 GE CAPITAL Other Rentals General 168876 103,725 HENNEPIN COUNTY TREASURER-TAXP Licenses & Taxes Park Maintenance 168877 137 LORENZ, JOYCE Conference Expense Communication Services 168878 97,905 XCEL ENERGY Electric Water Treatment Plant 168879 567 BOARD OF WATER & SOIL RESOURCE Licenses, Permits, Taxes Storm Drainage Projects 168880 90 CAMPOS, LORI Instructor Service Outdoor Center 168881 150 YOUNG, DAVID Special Event Fees Classes/Programs/Events 168882 539 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 168883 29 AAA LAMBERTS LANDSCAPE PRODUCT Repair & Maint. Supplies Water System Maintenance 168884 210 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 168885 180 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 168886 150 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 168887 773 ABM EQUIPMENT AND SUPPLY COMPA Equipment Repair & Maint Sewer Liftstation Check # Amount Vendor / Explanation Account Description Business Unit 168888 225 ACCURINT - ACCOUNT # 1348824 Other Contracted Services Police 168889 20,578 ADVANCED ENGINEERING & ENVIRON Design & Engineering Utility Improvement Fund 168890 5,950 ADVANCED IRRIGATION INC Improvements to Land Parks Referendum 168891 225 AFFILIATED EMERGENCY VETERINAR Canine Supplies Police 168892 635 AIR LIQUIDE INDUSTRIAL U.S. LP Treatment Chemicals Water Treatment Plant 168893 1,484 AIR-HYDRAULIC SYSTEMS INC. Equipment Parts Water Treatment Plant 168894 571 ALTERNATIVE BUSINESS FURNITURE Capital Under $2,000 Furniture 168895 70 AMERICAN RED CROSS Operating Supplies Pool Lessons 168896 265 AMERIPRIDE LINEN & APPAREL SER Repair & Maint. Supplies Prairie Village Liquor Store 168897 1,549 ANCHOR PRINTING COMPANY Printing Police 168898 2,492 ASPEN EQUIPMENT CO. Other Rentals Park Maintenance 168899 45 ATWATER POLICE DEPT Tuition Reimbursement/School Police 168900 75 AUTO ELECTRIC SPECIALISTS Equipment Parts Fleet Services 168901 605 AVI SYSTEMS INC Video & Photo Supplies Communication Services 168902 20 BANNING, KAREN Program Fee Trips 168903 2,118 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 168904 3,858 BELLBOY CORPORATION Liquor Prairie Village Liquor Store 168905 98 BERTELSON OFFICE PLUS Office Supplies Utility Operations - General 168906 13,255 BITUMINOUS ROADWAYS INC Improvement Contracts CIP Trails 168907 86 BLOOMINGTON, CITY OF Other Contracted Services Park Maintenance 168908 200 BOLD, PAULINE Instructor Service Outdoor Center 168909 277 BROWNING, RYAN Other Hardware Information Technology 168910 397 CAMPOS, LORI Instructor Service Outdoor Center 168911 552 CANNON RIVER WINERY Wine Domestic Prairie View Liquor Store 168912 1,160 CEMSTONE PRODUCTS COMPANY Improvement Contracts CIP Trails 168913 140 CENTERPOINT ENERGY Gas Water Wells 168914 294 CENTERPOINT ENERGY Other Contracted Services Water Distribution 168915 3,772 CHECK POINT WELDING & FAB INC Building Repair & Maint. Water System Maintenance 168916 150 CLAREYS INC Supplies - Fire/Life/Safety City Hall - CAM 168917 2,735 COMMVAULT SYSTEMS, INC. Prepaid Expenses General Fund 168918 156 COOPER, HANNA N Other Contracted Services Organizational Services 168919 2,765 CORPORATE EXPRESS Office Supplies Police 168920 44 CRIPE, JACQUELYN V Other Contracted Services Volleyball 168921 34 CULLIGAN-METRO Other Contracted Services Outdoor Center 168922 17,747 CURB MASTERS INC Improvement Contracts CIP Trails 168923 11,739 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 168924 15 DAKOTA MECHANICAL Cash Over/Short General Fund 168925 77 DALE GREEN COMPANY, THE Other Assets Parks Referendum 168926 7,220 DAY DISTRIBUTING Beer Prairie Village Liquor Store 168927 7,252 DELANO ERICKSON ARCHITECTS Other Contracted Services Parks Referendum 168928 127 DELL Other Hardware Information Technology 168929 933 DESIGN DESIGN Misc Taxable Prairie View Liquor Store 168930 850 DIETHELM, GARY Other Contracted Services Pleasant Hill Cemetary 168931 25,514 DIVERSE BUILDING MAINTENANCE Cleaning Supplies City Hall - CAM 168932 436 DMX MUSIC Other Contracted Services Prairie View Liquor Store 168933 527 DOODY MECHANICAL SERVICE Contract Svcs - Plumbing City Hall - CAM 168934 23,490 DRT TRANSPORT Lime Residual Removal Water Treatment Plant 168935 4,488 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store 168936 620 EARL F ANDERSEN INC Signs Traffic Signs 168937 3,492 ECOLAB INC Contract Svcs - Pest Control City Hall - CAM 168938 159 EDEN PRAIRIE APPLIANCE Contract Svcs - General Bldg Police City Center 168939 5,320 EDEN PRAIRIE, CITY OF Land Parks Referendum 168940 538 ELECTRIC MOTOR REPAIR INC Supplies - HVAC City Hall - CAM 168941 980 ERGOMETRICS Employment Support Test Organizational Services 168942 492 ESS BROTHERS & SONS INC Repair & Maint. Supplies Infiltration/Inflow Study 168943 963 EULL'S MANUFACTURING CO INC Repair & Maint. Supplies Infiltration/Inflow Study 168944 256 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 168945 294 FALCK, TIMOTHY R Other Contracted Services Softball 168946 3,877 FARRELL EQUIPMENT & SUPPLY CO Improvement Contracts CIP Trails 168947 418 FASTENAL COMPANY Other Assets Parks Referendum 168948 111 FEDEX Operating Supplies Traffic Signals 168949 68 FERRELLGAS Motor Fuels Fleet Services 168950 30,000 FINLEY BROS INC Improvements to Land Parks Referendum 168951 419 FLORIDA MICRO LLC Software Maintenance Information Technology 168952 339 FLYING CLOUD T/S #U70 Waste Disposal Park Maintenance Check # Amount Vendor / Explanation Account Description Business Unit 168953 132 FORDAHL, TAMARA Other Contracted Services Volleyball 168954 119 FORKLIFTS OF MINNESOTA INC Other Contracted Services Water System Maintenance 168955 57 FREY, LYNDELL Operating Supplies Volleyball 168956 479 G & K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 168957 4,716 GENERAL REPAIR SERVICE Equipment Parts Water Treatment Plant 168958 158 GINA MARIAS INC Operating Supplies Fire 168959 185 GOOD, JAMIE Mileage & Parking Police 168960 245 GRAINGER Supplies - Electrical City Hall - CAM 168961 1,363 GRAPE BEGINNINGS Wine Imported Prairie View Liquor Store 168962 10,072 GREENSIDE INC Contract Svcs - Lawn Maint City Center Operations 168963 14,814 GRIGGS COOPER & CO Liquor Prairie Village Liquor Store 168964 523 HANSEN THORP PELLINEN OLSON Design & Engineering Utility Improvement Fund 168965 6,911 HAWKINS INC Treatment Chemicals Water Treatment Plant 168966 277 HD SUPPLY WATERWORKS LTD Repair & Maint. Supplies Sewer Liftstation 168967 1,250 HEARTLAND DISTRIBUTION LLC Tires Fleet Services 168968 1,383 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 168969 50 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Guide Plan 168970 48 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Guide Plan 168971 50 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Guide Plan 168972 1,122 HIRSHFIELD'S Repair & Maint. Supplies Historical Culture 168973 601 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 168974 1,767 HOHENSTEINS INC Beer Prairie Village Liquor Store 168975 398 HOME DEPOT CREDIT SERVICES Supplies - General Bldg Community Center Maintenance 168976 1,254 HOMELINE Refunds CDBG - Public Service 168977 13,888 HONEYWELL INDUSTRY SOLUTIONS Maintenance Contracts Water Treatment Plant 168978 735 HOPKINS CARPET ONE Other Contracted Services Rehab 168979 569 HYDROLOGIC Equipment Repair & Maint Park Maintenance 168980 3,393 IND SCHOOL DIST 272 Other Contracted Services Housing and Community Service 168981 3,044 INFRATECH Other Contracted Services Storm Drainage 168982 67 INSIGHT PUBLIC SECTOR Other Hardware Information Technology 168983 768 INTEREUM INC Capital Under $2,000 Furniture 168984 306 J H LARSON COMPANY Supplies - Electrical Den Bldg. - CAM 168985 149 JANEX INC Supplies - General Bldg General Facilities 168986 9,778 JJ TAYLOR DIST OF MN Beer Prairie Village Liquor Store 168987 550 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 168990 57,231 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 168991 812 K & H OUTDOORS, INC Other Contracted Services Pleasant Hill Cemetary 168992 81 KEATING, MARY Miscellaneous Reserve 168993 148 KEEPERS Clothing & Uniforms Fire 168994 952 KRAEMER MINING & MATERIALS INC Gravel Water System Maintenance 168995 7 KRAEMERS HARDWARE INC Supplies - General Bldg Community Center Maintenance 168996 349 KRISS PREMIUM PRODUCTS INC Contract Svcs - HVAC City Hall - CAM 168997 8 KRUEGER, JOLEEN Operating Supplies Girls on the Run 168998 526 LAB SAFETY SUPPLY INC Clothing & Uniforms Sewer Utility - General 168999 180 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg City Hall - CAM 169000 1,337 LANO EQUIPMENT INC Other Rentals Street Maintenance 169001 68 LAW ENFORCMENT TARGETS INC Training Supplies Police 169002 1,625 LEAGUE OF MINNESOTA CITIES Other Contracted Services Storm Drainage 169003 87 LESCO INC Repair & Maint. Supplies Water System Maintenance 169004 75 MAPLE GROVE, CITY OF Tuition Reimbursement/School Police 169005 16,209 MARK VII Beer Prairie Village Liquor Store 169006 350 MARTIN-MCALLISTER Employment Support Test Organizational Services 169007 350 MCPA Prepaid Expenses General Fund 169008 85 MENARDS Small Tools Water Wells 169009 1,209 METROPOLITAN FORD Equipment Repair & Maint Fleet Services 169010 2,328 MIDWEST ASPHALT CORPORATION Repair & Maint. Supplies Storm Drainage 169011 239 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 169012 8,880 MIDWEST DESIGN CO Other Contracted Services Communication Services 169013 36,257 MIDWEST PLAYSCAPES Other Assets Parks Referendum 169014 30 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police 169015 1,152 MINNESOTA ATHLETIC APPAREL Operating Supplies Police 169016 720 MINNESOTA CLIPPING SERVICE Other Contracted Services Communication Services 169017 200 MINNESOTA CONWAY Operating Supplies Fire 169018 80 MINNESOTA DEPT OF AGRICULTURE Lime Residual Removal Water Treatment Plant 169019 20 MINNESOTA DEPT OF LABOR AND IN Licenses & Taxes Water Treatment Plant Check # Amount Vendor / Explanation Account Description Business Unit 169020 45 MINNESOTA FIRE CHIEF MAGAZINE Dues & Subscriptions Fire 169021 221 MINNESOTA HUMAN SERVICES Other Contracted Services Park Maintenance 169022 560 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 169023 170 MINNESOTA PORTABLE STORAGE Other Rentals Capital Impr. / Maint. Fund 169024 1,225 MINNESOTA ROADWAYS CO Improvements to Land Capital Impr. / Maint. Fund 169025 2,725 MINNESOTA UC FUND Unemployment Compensation Organizational Services 169026 11 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 169027 59 MN MAINTENANCE EQUIPMENT INC Equipment Repair & Maint Park Maintenance 169028 99 MN SOCIETY OF ARBORICULTURE Conference Expense Tree Disease 169029 765 MRB CONSULTING LLC Design & Engineering Planning & Development 169030 265 MRCI Signs Water Distribution 169031 327 MTI DISTRIBUTING INC Equipment Parts Fleet Services 169032 2,111 NEW FRANCE WINE COMPANY Wine Domestic Prairie View Liquor Store 169033 293 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 169034 80,316 NORTHWEST ASPHALT Improvement Contracts CIP Trails 169035 720 NORTHWESTERN POWER EQUIPMENT C Equipment Repair & Maint Water Storage 169036 171 NUCO2 INC Chemicals Pool Maintenance 169037 70 OLSEN COMPANIES Small Tools Sewer Liftstation 169038 92,808 PARADIGM SYSTEM SOLUTIONS, INC Computers Capital Impr. / Maint. Fund 169039 4,313 PAUSTIS & SONS COMPANY Wine Imported Prairie View Liquor Store 169040 350 PAUTZ, ROGER Other Contracted Services Fall Skill Development 169041 36 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 169042 11,855 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 169043 41 POMP'S TIRE SERVICE INC Equipment Parts Fleet Services 169044 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 169045 2,173 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical City Hall - CAM 169046 90 PRINTERS SERVICE INC Contract Svcs - Ice Rink Ice Arena Maintenance 169047 492 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 169048 29 PROGRESSIVE BUSINESS PUBLICATI Dues & Subscriptions General Facilities 169049 5,406 QUALITY FLOW SYSTEMS INC Other Contracted Services Sewer Liftstation 169050 125 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 169051 15,610 QUALITY WINE & SPIRITS CO Liquor Prairie Village Liquor Store 169052 55 QWEST Telephone Sewer Liftstation 169053 50 RAY, LEE Other Contracted Services Softball 169054 570 RETROFIT RECYCLING INC Waste Disposal General Facilities 169055 245 RIGHTWAY GLASS INC Equipment Repair & Maint Fleet Services 169056 100,303 ROCHON CORP Building Parks Referendum 169057 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Services 169058 6,936 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service 169059 280 SHAMROCK GROUP, INC - ACE ICE Misc Non-Taxable Den Road Liquor Store 169060 629 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Storm Drainage 169061 584 SNAP-ON TOOLS Small Tools Fleet Services 169062 413 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Organizational Services 169063 351 SOUTHWEST SUBURBAN PUBLISHING- Advertising Prairie View Liquor Store 169064 904 SPECIALTY WINES AND BEVERAGES Wine Imported Prairie View Liquor Store 169065 593 SPS COMPANIES Supplies - Plumbing Community Center Maintenance 169066 8,077 SRF CONSULTING GROUP INC Design & Engineering Park Acquisition & Development 169067 4,506 ST CROIX ENVIRONMENTAL INC Other Contracted Services Water Treatment Plant 169068 23 STAR TRIBUNE Dues & Subscriptions Prairie View Liquor Store 169069 1,285 STAR TRIBUNE Employment Advertising Organizational Services 169070 55 STATE OF MINNESOTA Operating Supplies DWI Forfeiture 169071 203 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 169072 330 STILLWATER CONSULTING INC Other Contracted Services Organizational Services 169073 3,709 STREICHERS Training Supplies Police 169074 74 SUBURBAN CHEVROLET Equipment Parts Fleet Services 169075 104 SUN NEWSPAPERS Legal Notices Publishing City Clerk 169076 30 SYVERSON, PHYLLIS Program Fee Trips 169077 1,112 TEFLER LAWN & LANDSCAPING Other Contracted Services Park Maintenance 169078 17,836 THORPE DISTRIBUTING Beer Den Road Liquor Store 169079 11,900 TKDA Other Contracted Services Water System Maintenance 169080 146 TOM'S WINDOW CLEANING Janitor Service - General Bldg Den Road Building 169081 247 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store 169082 179 TWIN CITY OXYGEN CO Repair & Maint. Supplies Water System Maintenance 169083 37 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 169084 2,008 UNITED STATES MECHANICAL INC Contract Svcs - Plumbing Park Shelters Check # Amount Vendor / Explanation Account Description Business Unit 169085 94 VERIZON WIRELESS Pager & Cell Phone Police 169086 3,067 VERNCO MAINTENANCE INC Grounds Maintenance Utility Operations - General 169087 1,667 VESSCO INC Equipment Parts Water Treatment Plant 169088 4,260 VIDEOTRONIX INC Building Repair & Maint. Water Treatment Plant 169089 422 VINO SOURCE, THE Wine Domestic Den Road Liquor Store 169090 95 WALMART COMMUNITY Operating Supplies Police 169091 284 WALSER CHRYSLER JEEP Equipment Parts Fleet Services 169092 1,192 WENCK ASSOCIATES INC Design & Engineering Improvement Projects 2006 169093 160 WHITE, NICOLE Mileage & Parking Therapeutic Rec Administration 169094 781 WINE COMPANY, THE Wine Domestic Prairie View Liquor Store 169095 4,821 WINE MERCHANTS INC Transportation Prairie View Liquor Store 169096 751 WM MUELLER AND SONS INC Gravel Water System Maintenance 169097 1,338 WORK CONNECTION, THE Other Contracted Services Park Maintenance 169098 952 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 169099 37 WORM, SANDY Other Assets Parks Referendum 169100 141 XCEL ENERGY Electric Emergency Preparedness 169101 8,201 YALE MECHANICAL INC Equipment Repair & Maint Den Road Liquor Store 169102 127 ZIEGLER INC Equipment Parts Fleet Services 169103 7,092 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits 169104 6,014 MINNEAPOLIS DOWNTOWN COUNCIL General 494 Corridor Commission 169105 100 COMCAST Dues & Subscriptions City Council 169106 2,435 DELL Operating Supplies Elections 169107 285 DNR Awards Softball 169108 960 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 169109 208 FEIDT, ADAM M Conference Expense Information Technology 169110 510 GEOMATRIXCONSULTANTS INC Other Contracted Services WAFTA 169111 340 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology 169112 450 IND SCHOOL DIST 272 Conference Expense Information Technology 169113 31,608 LOGIS LOGIS Information Technology 169114 2,088 NCT INC Conference Expense Information Technology 169115 1,194 SCHMITZ, WENDY Deposits Escrow 169116 180 SECRETARY OF STATE Operating Supplies Economic Development 169117 280 SOLEE, LAVERNE Special Event Fees Classes/Programs/Events 169118 120 VERIZON WIRELESS Pager & Cell Phone Information Technology 169119 350 TOTAL ENTERTAINMENT Operating Supplies Halloween Party 169120 610 WISCONSIN DEPARTMENT OF REVENU State Taxes Withheld Health and Benefits 169121 50 CAMPOS, LORI Instructor Service Outdoor Center 169122 2,186 DEPARTMENT OF COMMERCE Abandoned Property General Fund 169123 623 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 169124 4,730 A-SCAPE INC Contract Svcs - Lawn Maint. Fire Station #5 169125 40,079 ABM EQUIPMENT AND SUPPLY COMPA Machinery & Equipment Capital Impr. / Maint. Fund 169126 100 ADVANCED IRRIGATION INC Other Contracted Services Park Maintenance 169127 90 AGE ASSOCIATES Tuition Reimbursement/School Police 169128 10 AIR MASTERS INC Cash Over/Short General Fund 169129 712 AMERICAN TIME & SIGNAL CO Supplies - General Building City Center Operations 169130 751 AMERIPRIDE LINEN & APPAREL SER Repair & Maint. Supplies Prairie View Liquor Store 169131 1,738 AMSAN LLC Cleaning Supplies Community Center Maintenance 169132 390 ANCHOR PAPER COMPANY Office Supplies General 169133 15 APPLIANCE CONNECTIONS Cash Over/Short General Fund 169134 343 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 169135 88 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 169136 7,271 BELLBOY CORPORATION Liquor Den Road Liquor Store 169137 32 BERRY COFFEE COMPANY Operating Supplies Senior Center Operations 169138 105 BIALICK, LINDA Program Fee Leisure Education 169139 95 BLACK HILLS ANNUNITION INC Training Supplies Police 169140 499 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs - Security City Center Operations 169141 1,505 BLOOMINGTON, CITY OF Impound Fees Animal Control 169142 300 BOLD, PAULINE Instructor Service Outdoor Center 169143 1,188 BUCK, NATHAN Other Contracted Services Volleyball 169144 60 BURNETTE, AMBER L Instructor Service Outdoor Center 169146 3,600 CENTURYTEL Telephone Telephone 169147 211 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 169148 6,875 CORNERSTONE Other Contracted Services Housing and Community Service 169149 976 CORPORATE EXPRESS Office Supplies Police 169150 88 CRIPE, JACQUELYN V Other Contracted Services Volleyball Check # Amount Vendor / Explanation Account Description Business Unit 169151 9,862 DAY DISTRIBUTING Beer Prairie Village Liquor Store 169152 238 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 169153 96,299 DELANO ERICKSON ARCHITECTS Building Community Center Referendum 169154 88 DELEGARD TOOL CO Equipment Parts Fleet Services 169155 34 DISH NETWORK Cable TV Community Center Admin 169156 24,880 DIVERSIFIED COATING INC Building CIP - Bonds 169157 758 DNR Awards Touch Football 169158 352 DOHERTY, SANDRA L Other Contracted Services Volleyball 169159 12 DONOVAN, SHARON Program Fee Outdoor Center 169160 3,693 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 169161 146 EARL F ANDERSEN INC Other Contracted Services Storm Drainage 169162 217 EDEN PRAIRIE NOON ROTARY CLUB Miscellaneous Community Development Admin. 169163 2,409 EGAN OIL COMPANY Lubricants & Additives Fleet Services 169164 389 ELECTRIC MOTOR REPAIR INC Equipment Repair & Maint Water Treatment Plant 169165 15 ESPRESSO MIDWEST INC Supplies - General Building City Center Operations 169166 2,589 ESS BROTHERS & SONS INC Repair & Maint. Supplies Infiltration/Inflow Study 169167 600 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 169168 567 FAMILY & CHILDRENS SERVICE Other Contracted Services Housing and Community Service 169169 80 FASTSIGNS Printing Community Center Admin 169170 108 FEIDT, ADAM M Mileage & Parking Information Technology 169171 8,973 FINLEY BROS INC Other Assets Riley Lake 169172 191 FRANZEN, MICHAEL D Conference Expense Planning 169173 316 GARDEN ROOM FRATELLI'S GARDEN Training Supplies Organizational Services 169174 667 GE CAPITAL Other Rentals General 169175 251 GINA MARIAS INC Operating Supplies Fire 169176 52 GRAINGER Supplies - General Bldg Community Center Maintenance 169177 146 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store 169178 62 GRAYBAR Operating Supplies Street Lighting 169179 321 GREATAMERICA LEASING CORP. Other Rentals General 169180 11,860 GRIGGS COOPER & CO Liquor Prairie Village Liquor Store 169181 440 HAMMERS, SARAH Other Contracted Services Volleyball 169182 56,298 HANSEN THORP PELLINEN OLSON Improvements to Land Park Acquisition & Development 169183 57 HD SUPPLY WATERWORKS LTD Equipment Parts Park Maintenance 169184 50 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Guide Plan 169185 131 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Guide Plan 169186 2,310 HENNEPIN COUNTY TREASURER Board of Prisoner Police 169187 6,110 HENNEPIN SOUTH SERVICES COLLAB Other Contracted Services Housing and Community Service 169188 308 HENRY, PAUL Other Contracted Services Volleyball 169189 140 HOHENSTEINS INC Beer Den Road Liquor Store 169190 264 HOLMES, JOHN CARTER Other Contracted Services Volleyball 169191 264 HOLMES, TOM Other Contracted Services Volleyball 169192 59 HOOGENAKKER, KATHLEEN Mileage & Parking Finance 169193 163 HYDROLOGIC Repair & Maint. Supplies Park Maintenance 169194 1,530 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 169195 177 ITASCA COUNTY SHERIFF'S DEPT. Deposits Escrow 169196 360 J H LARSON COMPANY Supplies - Electrical City Hall - CAM 169197 5,486 JANNINGS ACOUSTICS INC Contract Svcs - General Bldg Garden Room Repairs 169198 10,571 JJ TAYLOR DIST OF MN Beer Prairie View Liquor Store 169200 25,442 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie Village Liquor Store 169201 1,746 KEEPERS Clothing & Uniforms Police 169202 148 KELLY, SANDRA Clothing & Uniforms Police 169203 191 KIPP, SCOTT Conference Expense Planning 169204 16 KLINSING, KAREN Lessons & Classes Oak Point Lessons 169205 935 KRAEMER MINING & MATERIALS INC Improvement Contracts CIP Trails 169206 191 KRAEMERS HARDWARE INC Operating Supplies Utility Operations - General 169207 1,250 KUSTOM SIGNALS INC Equipment Repair & Maint Police 169208 250 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Public Works/Parks 169209 1,872 LAMETTRYS COLLISION Equipment Repair & Maint Fleet Services 169210 276 LANDS END CORPORATE SALES Clothing & Uniforms Police 169211 9 LANO EQUIPMENT INC Equipment Parts Fleet Services 169212 10,436 MARK VII Beer Prairie Village Liquor Store 169213 220 MCGREGOR, RANDY Other Contracted Services Softball 169214 46 MENARDS Operating Supplies Street Maintenance 169215 560 METRO SALES INCORPORATED* Equipment Repair & Maint Fire 169216 448 METROPOLITAN FORD Equipment Parts Fleet Services Check # Amount Vendor / Explanation Account Description Business Unit 169217 2,779 MIDWEST ASPHALT CORPORATION Repair & Maint. Supplies Storm Drainage 169218 559 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 169219 8,743 MIDWEST PLAYGROUND CONTRACTORS Other Assets Parks Referendum 169220 528 MIDWEST TELETRON INC. Operating Supplies Police 169221 1,391 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 169222 316 MINNESOTA ATHLETIC APPAREL Canine Supplies Police 169223 56 MINNESOTA PIPE AND EQUIPMENT* Repair & Maint. Supplies Water System Maintenance 169224 727 MINNESOTA WANNER COMPANY Equipment Repair & Maint Park Maintenance 169225 107 MIRACLE RECREATION EQUIPMENT C Repair & Maint. Supplies Riley Lake 169226 142 MN DNR Instructor Service Outdoor Center 169227 169 MN NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 169228 2,188 MONSTER INC Employment Advertising Organizational Services 169229 50 MTI DISTRIBUTING INC Equipment Parts Fleet Services 169230 42 MURPHY, PAM Program Fee Jazzercise 169231 657 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 169232 12 NIPPER, VICTORIA E Program Fee Classes/Programs/Events 169233 93 NORTHLAND BUSINESS SYSTEMS Equipment Repair & Maint Engineering 169234 5,737 NORTHSHORE ADVISORS LLC Interest Investment Fund 169235 49 OFFICE DEPOT CREDIT PLAN Operating Supplies Fire 169236 320 PARTEK SUPPLY INC Improvement Contracts CIP Trails 169237 1,345 PAUSTIS & SONS COMPANY Wine Imported Prairie Village Liquor Store 169238 12,625 PHILLIPS WINE AND SPIRITS INC Liquor Prairie Village Liquor Store 169239 323 PITNEY BOWES Postage General 169240 37 POMP'S TIRE SERVICE INC Equipment Parts Fleet Services 169241 16,250 PRAIRIE ELECTRIC COMPANY Equipment Repair & Maint Water Treatment Plant 169242 76 PRAIRIE LAWN AND GARDEN Operating Supplies Street Maintenance 169243 464 PRIOR WINE COMPANY Wine Imported Prairie View Liquor Store 169244 253 PROGRESSIVE BUSINESS PUBLICATI Dues & Subscriptions General Facilities 169245 406 PROP United Way Withheld General Fund 169246 116 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 169247 24,423 QUALITY WINE & SPIRITS CO Liquor Prairie Village Liquor Store 169248 105 QUICKSILVER EXPRESS COURIER Postage Communication Services 169249 228 QWEST Telephone Outdoor Center 169250 25 RAY ALLEN MANUFACTURING CO INC Canine Supplies Police 169251 125 RAY, LEE Other Contracted Services Basketball 169252 37 RICHFIELD, CITY OF Machinery & Equipment CIP - Bonds 169253 56 RIDGEVIEW MEDICAL CENTER Other Contracted Services Workers Comp Insurance 169254 1,297,233 RJM CONSTRUCTION INC Building Community Center Referendum 169255 300 ROOT O MATIC Other Contracted Services Sewer Utility - General 169256 363 SHAMROCK GROUP, INC - ACE ICE Misc Non-Taxable Den Road Liquor Store 169257 44,227 SHORT ELLIOTT HENDRICKSON INC Design & Engineering Construction Fund 169258 63 SHRED-IT Waste Disposal City Center Operations 169259 3,456 SOUTHWEST SUBURBAN PUBLISHING- Printing Communication Services 169260 138 SPS COMPANIES Repair & Maint. Supplies Water Storage 169261 1,754 SRF CONSULTING GROUP INC Other Contracted Services Storm Drainage 169262 589 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 169263 941 STREICHERS Clothing & Uniforms Police 169264 32 SUN NEWSPAPERS Legal Notices Publishing City Clerk 169265 195 SUPERIOR STRIPING INC Contract Svcs - Asphalt/Concr. Community Center Maintenance 169266 126 SZECSI, FRANK Building Permits General Fund 169267 18,266 THORPE DISTRIBUTING Beer Den Road Liquor Store 169268 79 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store 169269 150 TWIN CITY OXYGEN CO Fire Prevention Supplies Fire 169270 302 UNITED WAY United Way Withheld General Fund 169271 38 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 169272 563 VAN HECKE, KATHY Other Contracted Services Rehab 169273 2,660 VINOCOPIA Liquor Prairie View Liquor Store 169274 225 WALSER CHRYSLER JEEP Equipment Parts Fleet Services 169275 999 WERTS, SANDY Operating Supplies Halloween Party 169276 793 WHEELER HARDWARE COMPANY Contract Svcs - General Bldg Community Center Maintenance 169277 10,400 WHEELER LUMBER LLC Other Assets Parks Referendum 169278 187 WICHTERMAN'S LTD Equipment Parts Fleet Services 169279 281 WIGLEY AND ASSOCIATES Software Information Technology 169280 1,298 WINE COMPANY, THE Wine Domestic Prairie Village Liquor Store 169281 1,700 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store Check # Amount Vendor / Explanation Account Description Business Unit 169282 1,313 WORK CONNECTION, THE Other Contracted Services Park Maintenance 169283 2,000 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store 169285 5,437 ZIEGLER INC Contract Svcs - Electrical Police City Center 169286 560 CAMPOS, LORI Instructor Service Outdoor Center 169287 140 VINOCOPIA Liquor Den Road Liquor Store 5,517,095 Grand Total US Bank Purchasing Cards Wire #'s 2850 - 2856 10/31/2007 Amount Explanation Supplier Account Description Business Unit 195 US-Counter Stool-Armory TEAM GLOCK Training Supplies Police 167 US-Vosbeek-Hotel-Training RADISSON HOTEL Tuition Reimbursement/School Police 125 US-ATOM Train-R.Davis ATOM Tuition Reimbursement/School Police 72 US-Books-Chaplain Train. COPSEEK.COM/SHOP Training Supplies Police 250 US-ATOM Train-Mohn,Bogren ATOM Tuition Reimbursement/School Police -275 US-ATOM-Reimb-D.Becker ATOM Tuition Reimbursement/School Police 844 US-J.Good-Hotel-Training HILTON HOTELS Tuition Reimbursement/School Police 24 US-Outdoor Ctr-Rail Fence MENARDS Building Materials Outdoor Center 20 US-Food-AWWA Conference LITTLE ANGIE'S CANTINA Travel Expense Water Distribution 28 US-Fuel-AWWA Conf-Duluth AMOCO OIL COMPANY Mileage & Parking Water Distribution 300 US-GOTR Snacks CUB FOODS EDEN PRAIRIE Operating Supplies Girls on the Run 125 US-GOTR Supplies OFFICEMAX CREDIT PLAN Operating Supplies Girls on the Run 132 US-GOTR Supplies ORIENTAL TRADING Operating Supplies Fitness Classes 87 US-Coaches Train. Lunches KOWALSKI'S MARKET Operating Supplies Girls on the Run 59 US-GOTR Snacks TARGET Operating Supplies Girls on the Run 114 US-Jump Ropes-Group Fit. POWER SYSTEMS Operating Supplies Fitness Classes 32 US-Silver Sneakers CD MUSCLE MIXES MUSIC Operating Supplies Fitness Classes 38 US-Fuel-Train.at Ripley HOLIDAY STATION STORES INC Travel Expense Police 275 US-Food for Train-Ripley FORT STEAKHOUSE Miscellaneous Police 40 US-Batteries MENARDS Equipment Parts Fleet Services 4 US-Black Fabric MENARDS Operating Supplies Street Maintenance 14 US-Shop Project Supplies MENARDS Building Materials Street Maintenance 105 US-Rigid Drill HOME DEPOT CREDIT SERVICES Signs Traffic Signs 86 US-C.B. Repair MENARDS Repair & Maint. Supplies Infiltration/Inflow Study 342 US-Fabric HD SUPPLY WATERWORKS LTD Repair & Maint. Supplies Infiltration/Inflow Study 48 US-Mtg w/V.P. of MSFCA AMOCO OIL COMPANY Operating Supplies Fire 971 US-Books for New Recruits JONES AND BARTLETT PUBLISHERS Tuition Reimbursement/School Fire 47 US-4 empl-AMEM Conf KEITH'S KETTLE Conference Expense Fire 29 US-4 empl-AMEM Conf ANTLERS Conference Expense Fire 39 US-EPFD Budget Meeting BAKERS' RIBS Conference Expense Fire 648 US-Books for New Recruits JONES AND BARTLETT PUBLISHERS Tuition Reimbursement/School Fire 993 US-Safety Suuplies LAB SAFETY SUPPLY INC Safety Supplies Fire 152 US-Goose Control Supplies PARTY AMERICA Operating Supplies Park Maintenance 35 US-Shop Supplies MENARDS Operating Supplies Park Maintenance 37 US-Forest Hills Irrigation NORTHERN TOOL & EQUIPMENT Repair & Maint. Supplies Park Maintenance 42 US-Irrigation MENARDS Repair & Maint. Supplies Park Maintenance 60 US-Irrigation MENARDS Repair & Maint. Supplies Park Maintenance 1 US-Irrigation MENARDS Repair & Maint. Supplies Park Maintenance 15 US-Irrigation MENARDS Repair & Maint. Supplies Park Maintenance 24 US-MNAPA Conference REPUBLIC PARKING SYSTEM Mileage & Parking Community Development Admin. 190 US-MNAPA Conference KAHLER GRAND HOTEL, THE Conference Expense Community Development Admin. 78 US-Chainsaw Parts A TO Z RENTAL CENTER Equipment Repair & Maint Park Maintenance 35 US-Chainsaw Parts A TO Z RENTAL CENTER Equipment Repair & Maint Park Maintenance 27 US-Food-HR & Divers Mtg. TARGET Miscellaneous Housing and Community Service 6 US-EP On Track Supplies JERRY'S FOODS Training Supplies Organizational Services 3 US-J.Crocco Going-Away RAINBOW FOODS INC. Employee Award Organizational Services 333 US-K.Kurt SHRM Confer. EXPEDIA Conference Expense Human Resources 5 US-Booking Fees EXPEDIA Conference Expense Human Resources 53 US-Utility Maint. Interviews DAVANNI'S PIZZA Training Supplies Organizational Services 40 US-J.Eck Instruct.Supplies ASTD Training Supplies Organizational Services 32 US-J.Eck Instruct.Supplies ASTD Training Supplies Organizational Services 99 US-Guide to Fund Balance GOVERNMENT FINANCE OFFICERS AS Dues & Subscriptions Finance 230 US-Conven-B.Kaszynski MN GIS/LIS CONFERENCE Conference Expense Engineering 7,727 US-Bldg Permit Surcharge DEPT OF LABOR & INDUSTRY Building Surcharge General Fund 439 US-Bldg Permit Surcharge DEPT OF LABOR & INDUSTRY Mechanical Surcharge General Fund 326 US-Bldg Permit Surcharge DEPT OF LABOR & INDUSTRY Plumbing Surcharge General Fund -170 US-Bldg Permit Surcharge DEPT OF LABOR & INDUSTRY Other Revenue General Fund 326 US-GFOA Conf-T.Wilson ARROWHEAD RESORT & CONFERENCE Conference Expense Finance 125 US-GAAP Train-T.Wilson GOVERNMENT FINANCE OFFICERS AS Conference Expense Finance 2,912 US-Chairs for Sr. Center ALFAX WHOLESALE FURNITURE INC. Operating Supplies Senior Board 17 US-Sr. Center Ktichen Supp WALMART COMMUNITY Operating Supplies Senior Board 37 US-Sr. Center Decorations MICHAELS - THE ARTS & CRAFTS S Operating Supplies Senior Board 100 US-B.Nilsson-Annual Memb ICE SKATING INSTITUTE Dues & Subscriptions Ice Arena 72 US-Ship Labels on a Roll SETON EVENT SUPPLIES Operating Supplies Ice Arena 56 US-Office Supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Ice Arena Amount Explanation Supplier Account Description Business Unit 595 US-J.Lorenz-3CMA Conf. PAYPAL INC Conference Expense Communication Services 283 US-J.Lorenze-Flight to Conf NORTHWEST AIRLINES Travel Expense Communication Services 275 US-K.Beal-Flgt-3CMA Conf NORTHWEST AIRLINES Travel Expense Communication Services 3 US-Light Bulb-Photo Op MENARDS Miscellaneous Communication Services 28 US-Lunch with J.Lorenz UTING, RODNEY Miscellaneous City Manager 32 US-Mtg-MN Trans.Infrastr. SENSIBLE LAND USE COALITION Miscellaneous Engineering 32 US-Mtg-MN Trans.Infrastr. SENSIBLE LAND USE COALITION Miscellaneous Engineering 122 US-EP Reads Books AMAZON.COM Operating Supplies Internal Events 254 US-Mtg w/Moody's Investor WILDFIRE Miscellaneous City Council 240 US-Council Workshop Food BUCA Miscellaneous City Council 31 US-BAC Debriefing Mtg. THE ORIGINAL PANCAKE HOUSE Miscellaneous City Council 75 US-BAC Debriefing Mtg. THE ORIGINAL PANCAKE HOUSE Miscellaneous City Council 8 US-Blog TIGER TECHNOLOGIES Software Information Technology 124 US-Council Workshop Food MILIO'S SANDWICHES Miscellaneous City Council 13 US-Council Food Tip MILIO'S SANDWICHES Miscellaneous City Council 38 US-BAC Debriefing Mtg. THE ORIGINAL PANCAKE HOUSE Miscellaneous City Council 18 US-Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Traffic Signals 43 US-Election Supply Box THE CONTAINER STORE Operating Supplies Elections 32 US-Training Book BARNES & NOBLE Training Supplies Police 39 US-Budget Meeting Food JAKE'S CITY GRILL Miscellaneous Police 6 US-Rope Tie-Down for 460 MENARDS Operating Supplies Park Maintenance 21 US-Mesh Tarp for 460 MENARDS Operating Supplies Park Maintenance 21 US-491 Chain Saw Blade A TO Z RENTAL CENTER Equipment Repair & Maint Park Maintenance 37 US-Internet Safety DVD/CD THE SAFE SIDE Training Supplies Police 46 US-Train.Video-Sch Liaison MEDIA MANAGEMENT SERVICES Training Supplies Police 13 US-Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 11 US-Supplies MENARDS Operating Supplies Street Maintenance 18 US-Supplies MENARDS Operating Supplies Street Maintenance 20 US-Supplies MENARDS Operating Supplies Street Maintenance 387 US-C.B. Repairs (Glue) MENARDS Repair & Maint. Supplies Infiltration/Inflow Study 28 US-Team Meeting Lunch GINA MARIAS INC Employee Award Community Center Admin 22 US-Caulking-Meter Repairs NAPA AUTO PARTS Repair & Maint. Supplies Water Metering 30 US-Outdoor Ctr Prog Supp WALMART COMMUNITY Operating Supplies Outdoor Center 16 US-Outdoor Ctr Prog Supp WALMART COMMUNITY Operating Supplies Outdoor Center 149 US-F.H.Culvert/Bench-Star. MENARDS Building Materials Forest Hills Park 390 US-AWWA-Carlon,Wahlen AWWA - MINNESOTA SECTION Conference Expense Utility Operations - General 26 US-AWWA Conf Food LITTLE ANGIE'S CANTINA Travel Expense Utility Operations - General 200 US-AWWA Hotel-J.Carlon COMFORT INN Travel Expense Utility Operations - General 200 US-AWWA Hotel-R.Wahlen COMFORT INN Travel Expense Utility Operations - General 9 US-Prairie Jam Concession WALMART COMMUNITY Operating Supplies Youth Programs Administration 197 US-SoulFire Prog. Supplies WALMART COMMUNITY Operating Supplies Youth Programs Administration 24 US-Pre-school Trip Tickets TARGET CENTER Special Event Fees Special Events & Trips 160 US-Pre-school Trip Tickets TARGET CENTER Special Event Fees Special Events & Trips 8 US-Pre-school Trip Tickets TARGET CENTER Special Event Fees Special Events & Trips 16 US-SoulFire-HS Serv Items WALGREEN'S #5080 Operating Supplies Youth Programs Administration 10 US-School's Out Craft Proj. WALMART COMMUNITY Operating Supplies Special Events & Trips 5 US-PCV Conduit-Truck 457 MENARDS Equipment Parts Fleet Services 10 US-Special Event Supplies TARGET Operating Supplies Special Events Administration 13 US-Strengths Finder Test AMAZON.COM Conference Expense Recreation Administration 15 US-The Energy Bus Book AMAZON.COM Conference Expense Recreation Administration 12 US-Leadership Book AMAZON.COM Conference Expense Recreation Administration 7 US-Basketb.Strategy Book AMAZON.COM Conference Expense Recreation Administration 28 US-2 Leadership Books AMAZON.COM Conference Expense Recreation Administration 14 US-Seasonal Staff Training DAVANNI'S PIZZA Operating Supplies Therapeutic Rec Administration 9 US-Seasonal Staff Training KOWALSKI'S MARKET Operating Supplies Therapeutic Rec Administration 28 US-AroundTown Prog Supp RAINBOW FOODS INC. Operating Supplies Around Town 6 US-Water Games Prog Sup WALMART COMMUNITY Operating Supplies Water Games 42 US-AroundTown Prog Supp LYRIC ARTS MAIN STREET Special Event Fees Around Town 54 US-Web Security-emails PAYPAL INC Software Maintenance Information Technology 414 US-8 Pocket PCs-Inventory POCKET SOLUTIONS Other Hardware Fire Station #4 111 US-Police-GPS-Squad Car BUY GPS NOW Other Hardware Information Technology 892 US-D.Lindahl-EconDevConf WESTIN KIERLAND RESORT Conference Expense Economic Development 99 US-Lindahl-Use/Retail Conf MARRIOTT HOTELS Conference Expense Economic Development 466 US-S.Kipp-Planners Train. AMERICAN AIRLINES Travel Expense Planning 466 US-M.Franzen-Plan.Train. AMERICAN AIRLINES Travel Expense Planning 20 US-Telephone Airline Fee AMERICAN AIRLINES Travel Expense Planning 435 US-S.Kipp-Planners Train. AMERICAN PLANNING ASSOCIATION Conference Expense Planning 535 US-M.Franzen-Plan.Train. AMERICAN PLANNING ASSOCIATION Conference Expense Planning 48 US-Subscription MINNESOTA RURAL PARTNERS Dues & Subscriptions Economic Development Amount Explanation Supplier Account Description Business Unit 27,517 Grand Total CITY COUNCIL AGENDA SECTION: Petitions, Requests and Communications DATE: November 13, 2007 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Request to locate the Eden Prairie Lions Club Memorial within Round Lake Park ITEM NO.: XII.A. Motion Move to: Support the request from the Eden Prairie Lions Club and to authorize staff to enter into an agreement with the Lions Club to locate the Lions Club Memorial within Round Lake Park. Synopsis City staff has been approached by members of the Eden Prairie Lions Club with a request to locate the Lions Club Memorial within Round Lake Park. Previously, the memorial was located on the corner of Valley View and Eden Prairie Road. When the road was upgraded and widened, the memorial was removed due to lack of space and proper set-backs. The memorial consists of a brick monument, a statue of a lion, a flagpole with a light and a brick patio. In addition to many other donations to parks and programs, the Lions contributed to the funding and construction of the pavilion at Round Lake Park. Round Lake Park is also the location where the Lions Club conducts the Corn Feed and Schooner Days events. The area that is being proposed to locate the memorial is near the picnic pavilion and would tie-in with the previous contributions from the Lions Club. Members of the Lions Club attended the September 4, 2007, Parks, Recreation and Natural Resources Commission meeting to review the request. The Commission voted unanimously to recommend to the City Council to accept the request. The agreement has been drafted and approved by the City Attorney. Members of the Lions Club will be in attendance at the meeting to answer additional questions. Attachment Letter of Request Proposed Site Plan Parks, Recreation and Natural Resources Commission Sept. 7, 2007 minutes, page 4-5 Agreement with Site Plan EDEN PRAIRIE LIONS P.O. BOX 44364 EDEN PRAIRIE, MINNESOTA 55344-1364 Mr. Jay Lottharnmer Parks and Recreation Director City of Eden Prairie 8080 Mitchell Road Eden Prairie, Mn 55344 Dear Mr. Lofthanamer: June 16,2007 The Eden Prairie Lions Club established a Memorial on Lil' Red property on the corner of Valley View Road and Eden Prairie Road in 1997. The Memorial consists of a brick monument, a lion, a flagpole with light, and a brick patio approximately ten feet by twelve feet. The monument has an area for inscribed plaques listing the diseased members of the Lions and Lioness clubs. The Memorial had to be removed for the recent reconstruction of the intersection. Questions have been raised about the long-term viability concerning replacing the Memorial on Lil' Red property. We therefore request the City to allow the Club to site the Memorial on City Parkland. It would.seem appropriate that Round Lake Park be considered with the Lions long history of involvement in that park. The Lions Club funded the picnic shelter where we have our annual cornfeed and Lions Club Schooner Days is also held in the park. Enclosed are pictures and a sketch of the Memorial for your information. We look forward to starting the process of site selection and approval. Please contact Luther Nelson, Committee Chairman, at 952-906-7620 to schedule meetings or for more information. Sincerely, Bruce Enger, President c. Luther Nelson Mike Gust oyd Wasson Liter Pile' .4---oun d-,1, 1-,p7 , 1 (_•a 077.SAge eijih 64011dY61 eohhi 0-4 Peobt,;.,:er Sok?t,t, PARKS, RECREATION AND NATURAL RESOURCES COMMISSION September 4, 2007 Page 4 Brill asked what percentage of usage at the beach was day camp participants. Witt estimated that between 45 and 50 participants were from the day camp between the hours of 1 p.m. and 3 p.m. VIII. NEW BUSINESS A. LIONS CLUB MEMORIAL Lotthammer introduced Luther Nelson and Mike Gust, members of the Eden Prairie Lions Club explaining that the Lions Club is requesting permission to locate their Lions Club Memorial within Round Lake Park. Previously, the memorial was located on the corner of Valley View Road and Eden Prairie Road. When the road was upgraded and widened, the memorial was removed due to lack of space and proper setbacks. Lotthammer further explained that the Lions Club had previously contributed towards the pavilion at Round Lake and are now asking that the memorial be placed near that pavilion. Brill thanked the Lions Club for their service to the community. He asked if there had been any discussion about placing the memorial at Purgatory Creek Park rather than Round Lake. Lotthammer said there had not been any discussion with staff regarding placing the memorial at Purgatory Creek. The Lions did contribute $8,000 towards the pavilion and there has been a lot of involvement by the Lions at Round Lake Park and that is why the Lions suggested placing the memorial in that park. Gerst said he is in favor of the memorial but also questioned whether or not Purgatory Creek Park had been considered. Lotthammer said his initial reaction to placing the memorial at Purgatory Creek is that while working with the Veterans Memorial group and the configuration of the park and the various trails, the park is beginning to feel a bit squished. Lotthammer said he was not sure where they would be able to fit this memorial in that park. Fox explained that the Lions basically started a lot of the activities at Round Lake. In identifying a park with a service club, the Lions Club is most easily identified with Round Lake and this memorial seems to be an appropriate use of this area. This park is also where the Lions’ sponsored Schooner Days is held. Gerst asked if there is a cost to the City for relocating this memorial. Lotthammer responded that Hennepin County has committed money to install the memorial that was impacted by the road construction. Nelson explained that the County paid for the removal and storage of the memorial and will pay for its relocation through transportation funds. Barrett asked if they are setting a precedent for other groups and questioned if they should be concerned with other organizations asking to place memorials in other parks. Fox responded that there are other service groups in the City and this is certainly something worth discussing. Barrett said if that is the case, perhaps they should consider placing all memorials in Purgatory Creek. He indicated that his concern is that other organizations may want to place memorials on City property. Originally, this memorial was on private property and now they are asking that it be placed on City property. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION September 4, 2007 Page 5 Oko asked how long the Lions Club has been sponsoring the corn feed and Schooner Days at this park. Gust explained that the Lions Club was chartered in 1960 and the first corn feed was held in 1973 and Schooner Days has been at Round Lake since the early 70’s. Oko asked if any of these events are supported with City funds. Gust said that the Lions Club funds these activities. Bierman said he feels the placement of this memorial in Round Lake Park is a natural fit because of the Lions’ background at Round Lake. He said that if someone can show the dedication to a particular area in the City that the Lions Club has shown at Round Lake, they should consider welcoming those people in placing a memorial in that area. Oko asked when this memorial would be reconstructed at Round Lake. Nelson responded that once they receive approval from the City, they would get a contract for the project in the fall to have the work done in the spring. Napuck said she feels that if they are concerned about setting a precedent, they should somehow develop some guidelines as to what contributions have been made by the requesting group to the area that they are requesting to place a memorial in. Clearly this park has meaning to the Lions Club and it seems appropriate to have the memorial placed there. Barrett said it would be difficult to quantify the contributions made. You can say a significant contribution was made at a location but what does that mean. Oko pointed out that in addition to the $8,000 contributed by the Lions Club for the pavilion, they have contributed 50 years of work into the community and it is clear that Eden Prairie has benefited from their contribution. MOTION: Bierman moved, seconded by Oko, that as a result of nearly 50 years of contributions to Round Lake Park, the Parks, Recreation and Natural Resources Commission supports the request from the Eden Prairie Lions Club to locate the Lions Club Memorial within Round Lake Park. The motion carried, 6-0-1 with Barrett abstaining. Barrett explained that he abstained because he feels they should discuss the precedent this action would set. B. CAMP EDEN WOOD UPDATES Lotthammer explained that the purpose for the Camp Eden Wood update this evening is to present overview steps that have previously been taken, opportunities and constraints that have been identified, and to seek Commissioners input. The consultant, Jeff Schoenbauer of Brauer & Associates, will present an overview of the process, request input and outline future steps to be taken. Schoenbauer outlined some of the steps taken in developing a master plan for Camp Eden Wood and explained the contemplated design challenges and opportunities. The plans he is presenting this evening are broad conceptual plans and they have several things they still have to work through. Schoenbauer said this evening he would like to review the plans with this Commission to make sure they have not missed anything the Commission would be concerned about. He reviewed with the Commission the various concepts and explained that Agreement Between the City of Eden Prairie and the Eden Prairie Lions Club for the Placement of a Memorial Monument on City Property This Agreement (“Agreement”) is made and entered into as of November 13, 2007 by and between the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota (“City”) and the Eden Prairie Lions Club, Inc. (“Club”). WHEREAS, the Club desires to install and maintain a memorial monument (the “Memorial”) on City property; and WHEREAS, the City desires to permit such action, subject to the terms and conditions of this Agreement; NOW THEREFORE, in consideration of the mutual agreements set forth in this Agreement, the parties agree as follows: 1. Memorial Location. The Memorial shall be located on City property at Round Lake Park, located in Eden Prairie, Minnesota, at a specific location within the park to be agreed upon by the parties. The Memorial shall be open to the public. 2. Purchase and Installation of the Memorial. The Club shall be solely responsible for the purchase and installation of the Memorial. The Club shall be responsible to acquire permits and comply with any building code regulations that may be applicable to the construction, operation, maintenance and removal of the Memorial. The Club shall not commence installation of the Memorial until the City determines that the Memorial meets the requirements of this Agreement. The Memorial shall be constructed in conformity with the diagram attached as Exhibit A hereto. 3. Maintenance, Removal and Replacement of the Memorial. a. The Club shall maintain and repair the Memorial so that the Memorial remains structurally sound, safe, and aesthetically pleasing. The City may require the Club to perform whatever maintenance and repair to the Memorial the City deems necessary. b. If the Club abandons the Memorial, or does not maintain or repair the Memorial to the City’s satisfaction, the City may: 1) Require the Club to remove the Memorial; 2) Perform the maintenance and obtain reimbursement from the Club; or 3) Assume ownership and take possession of the Memorial. c. The City reserves the right to temporarily remove the Memorial and/or relocate the Memorial for any reason. In the event that becomes necessary, the City shall bear the cost and shall endeavor to minimize the disruption to the Club. 2 4. Term and Termination. a. This Agreement shall commence upon execution by both parties. This Agreement shall be perpetual unless terminated by either party. Either party may terminate this agreement for any reason upon thirty (30) days written notice. In addition, the City may immediately terminate the Agreement if the Club is in default of any term of this Agreement. b. Upon termination of the Agreement, the City may require the Club to remove the Memorial, or the City may assume ownership and take possession of the Memorial. If the Club fails to remove the Memorial, the City may remove the Memorial and obtain reimbursement from the Club. 5. Indemnification. Club shall defend (or, at the option of City, the City may defend at Club’s reasonable expense), indemnify and hold City harmless from all claims, demands, suits, actions, proceedings, losses, fines, expenses, costs, and damages of every kind and description including reasonable attorney’s fees and litigation expenses that may be brought or made against or incurred by City arising out of or related to the Memorial and this Agreement. 6. Insurance. During the term of this Agreement, Club 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 and shall provide that Club's coverage shall be the primary coverage in the event of a loss. The policy shall also insure the indemnification obligation contained in Paragraph 5 of this Agreement. Club shall maintain in effect all insurance coverage required under this Paragraph at Club’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. The insurance policy shall contain a provision that coverage afforded there under shall not be canceled or non- renewed or restrictive modifications added, without thirty (30) days prior written notice to City. A copy of Club’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 City before the Memorial is installed. Such documents evidencing insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Club has complied with this Agreement’s 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 the Club of any deficiencies in such documents and receipt thereof shall not relieve the Club from, nor be deemed a waiver of, City’s right to enforce the terms of Club’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. 3 7. Governing Law and Venue. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Minnesota. Any action or proceeding in any way arising out of or related to this Agreement shall be litigated, if at all, in a state or federal court located in Hennepin County, Minnesota. 8. Data Practices Act. The Club shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. § 1301, et seq., to the extent that the Act is applicable to data and documents in the possession of the Club. 9. Audit. The books, records, documents, and accounting procedures and practices of the Club or other parties relevant to this Agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Contract. 10. Discrimination. In performance of this contract, the Club shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any participant in the Club’s programs, any employee of the Club, any subcontractor of the Club, or any applicant for employment. The Club further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. § 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 11. Conflicts. No salaried officer or employee of 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 Agreement void. No federal regulations and applicable state statutes shall be violated. 12. Limitation of Remedies and Liability. IN NO EVENT SHALL CITY BE LIABLE TO CLUB, OFFICERS, AGENTS, MEMBERS, INVITEES, OR ANYONE CLAIMING THROUGH THE CLUB, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT AND ITS SUBJECT MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE EVEN IF CITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding any provisions set forth herein, the City's liability hereunder shall be limited as set forth in Minnesota Statutes, Section 466.04 or any similar statute in effect. 13. City Remedies. In the event of breach of this Agreement by Club, City shall, in addition to any other remedies provided by law, be entitled to the remedy of specific performance, temporary or permanent injunction or other equitable relief as a remedy for any breach or threatened breach of the provisions of this Agreement. 4 14. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and supersedes any prior oral or written understandings or agreements relative to the subjects of this Agreement. This Agreement may be amended only by written instrument signed on behalf of Club and City by persons duly authorized to do so. 15. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement if it is directed to City by delivering it personally to the City Manager; or if it is directed to Club, by delivering it personally to the Club’s President; or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to City: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Attn: City Manager With a copy to: Richard F. Rosow Eden Prairie City Attorney 650 Third Ave. South, Suite 1600 Minneapolis, MN 55402-4337 If to Club: Eden Prairie Lions Club, Inc. P.O. Box 44364 Eden Prairie, MN 55344 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid; provided, however, that if notice is given by deposit, that the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, ten (10) days prior to the effective date of such change. 5 IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. Dated:________________________ CITY OF EDEN PRAIRIE By:_______________________________ Phil Young Its: Mayor By:_______________________________ Scott H. Neal Its: City Manager Dated:_____________________________ EDEN PRAIRIE LIONS CLUB By: ______________________________ Its:_____________________________ Lions Club Memorial Agreement 2007.doc 6 Exhibit A Memorial Diagram CITY COUNCIL AGENDA SECTION: Reports of Council Members DATE: November 13, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Resolution in Support of Funding for Highway 212 ITEM NO.: XIV.A.1. Requested Action Move to: Adopt the resolution support of funding for Highway 212. Synopsis As the federal FY2008 Transportation and HUD Appropriations bill moves to the conference committee to work out the differences between the House and Senate versions of the bill, the Minnesota Transportation Alliance has asked Minnesota cities to express their official support for the inclusion of the $1 million in the Senate version of the bill for improvements to US Highway 212. Residents and businesses in our area have been waiting for many years for needed improvements to this major transportation corridor. With continued rapid growth and development, the demands on our infrastructure are growing and there is concern about a section of US Highway 212 that switches from two lanes to four lanes and back to two lanes. The safety issues are very real and additional traffic on this highway will compound the problems. The Highway 212 project will require additional funding in order to continue to make progress in improving this critical transportation facility. Council Member Nelson has asked for the attached resolution to be placed before the Council for consideration and approval. She may wish to speak more about the resolution at the meeting. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- RESOLUTION IN SUPPORT OF FUNDING FOR HIGHWAY 212 WHEREAS Highway 212 is a major US highway serving the southwest portion of the state and has been in need of expansion for decades; and WHEREAS forty-one communities and local chambers of commerce have passed resolutions supporting improvements to Highway 212 to expand the capacity of this highway and the Board of Commissioners of every county along the corridor has passed such a resolution; and WHEREAS the current highway poses serious safety problems as it switches from a four lane facility west of Chaska to a two-lane highway, then switches back to a four lane highway around Cologne and back to a two-lane highway from Cologne to Norwood Young America and would be much safer and much better able to handle present and projected traffic flows if it were a continuous four-lane highway through this area; and WHEREAS Congress and the State of Minnesota have recognized the need to expand this critical trade link to the Twin Cities Metropolitan Area and have previously provided funding through the ISTEA Transportation Authorization bill, TEA-21 Authorization bill, the 2002 Transportation Appropriations bill, the 2003 Transportation Appropriations bill, the 2004 Transportation Appropriations bill and SAFETEA-LU; and WHEREAS the completion of the expanded Highway 212 from Eden Prairie to Chaska will occur in 2008, bringing additional traffic to the section of highway between Chaska and Norwood Young America which needs to be improved for safety reasons; and WHEREAS an appropriation of $1 million for Highway 212 expansions between Chaska and Norwood Young America was included in the Senate version of the FY2008 Transportation and HUD Appropriations bill; and NOW, THEREFORE, BE IT RESOLVED that the Eden Prairie City Council strongly supports inclusion of funding for efforts to improve and expand US Highway 212 in the FY2008 Transportation and HUD Appropriations bill. ADOPTED by the Eden Prairie City Council on November 13, 2007. _____________________ Phil Young, Mayor ATTEST: SEAL ________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Reports of the City Manager DATE: November 13, 2007 DEPARTMENT/DIVISION: Paul Sticha, Office of the City Manager, Facilities ITEM DESCRIPTION: Energy Consultant for 20/40/15 ITEM NO.: XIV.B.1. Requested Action Move to: Approve McKinstry as the Consulting firm to assist the City in its 20/40/15 energy initiative. Synopsis A small committee of City staff from several departments interviewed six consulting firms specializing in energy related consulting and engineering. After many interviews and proposals, reference checks and building tours, our committee unanimously agreed that McKinstry was clearly the most appropriate firm for our 20/40/15 program. Since there will be no “out of pocket” costs to the City for this energy savings program, there is no cost analysis that can be used to compare the presentations by the consultants. Background Information McKinstry is a traditional “fee for service” consulting firm established in the 1960’s that also embraces “performance contracting” and the alternative funding process that has been established in the State of Minnesota via statute MN 471.345. Performance contracting per MN 471.345 means that McKinstry will perform energy audits, identify energy saving projects within the City, obtain funding for these projects and manage the installation and completion of the projects. The savings generated by the projects that are implemented will pay for all engineering and consulting fees, all equipment purchased and labor to install it and all principal and interest paid to the funding organization. McKinstry must verify energy savings through the life of the project (up to 15 years) and must guarantee that the savings will pay for all costs of the project as identified above. If the savings do not pay for these costs, McKinstry is required by law to pay these costs. There is no cost to the City, unless we direct McKinstry to proceed and then decide not to go through with the projects that they identify. In this case we would be obligated to pay for their consulting fees to that point, which have been estimated at $43,000. To fully protect the City, we will have McKinstry sign our standard Consulting Agreement which was developed by the City Attorney. CITY COUNCIL AGENDA SECTION: Reports of the Community Development Director DATE: November 13, 2007 DEPARTMENT/DIVISION: Community Development/Housing & Community Services Janet Jeremiah Molly Koivumaki ITEM DESCRIPTION: Recommendations for funding Social Services Providers for 2008/2009 ITEM NO.: XIV.C.2. . Requested Action Move to: Approve funding recommendations made by the Human Services Review Committee for social services providers for 2008 and 2009. Background The Human Services Review Committee, (HSRC) comprised of staff from Police, Park & Rec, Housing and Community Services, Office of the City Manager and Community Development made the funding recommendations listed below based on the review of written proposals, presentations, past performance of social service providers and budget direction from the City Manager. Appropriations for Cornerstone Advocacy Service will no longer be part of the Housing and Community Services budget and those funds will be transferred to the Police Department budget starting in 2008. Program 2006/2007 Allocation 2008/2009 Request HSRC Funding Recommendations Teens Alone $12,000 $13,000 $13,000 Meals on Wheels $5,000 $6,000 $6,000 Senior Outreach $27,865 $28,980 $28,980 PROP $32,000 $30,000 $30,000 YMCA $25,000 $25,000 $25,000 Storefront $10,000 $10,000 $10,000 Family & Children’s Services $16,380 $8,100 $8,100 Family Center Plus $13,570 $14,000 $14,000 HSSC $23,727 $25,200/ $ 25,927 $25,200/$25,927 Totals $165,542 $160,280/$161,007 $160,280/$161,007