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City Council - 04/15/2008
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, APRIL 15, 2008 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOM II 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. PUBLIC SAFETY COMMUNICATIONS AND RECORD MANAGEMENT OVERVIEW Council Chamber II. OPEN PODIUM A. TOM RINE – PROPOSED ART CENTER B. RICHARD HOWELL – UNFINISHED TOWNHOMES C. PEPPERWOLF – ALLIANT ACTION IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, APRIL 15, 2008 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. COLOR GUARD / PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. PROCLAMATIONS / PRESENTATIONS A. ARBOR DAY PROCLAMATION VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 18, 2008 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 18, 2008 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. ART CENTER TASK FORCE REPORT B. SAMPSON PROPERTY DONATION (Resolution) VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT. (Ordinance amending Ordinance No. 5-2008-PUD-5-2008 & Resolution amending Resolution No. 2008-31 by deleting the date of April 30, 2008 and replacing said date with June 15, 2008) C. AWARD CONTRACT FOR WELL #9 RECONDITIONING PROJECT TO BERGERSON-CASWELL CITY COUNCIL AGENDA April 15, 2008 Page 2 D. APPROVE AGREEMENT WITH TKDA FOR WEST 78TH STREET WATER MAIN RELINING PROJECT E. APPROVE 2008 GENERAL FUND BUDGET ADJUSTMENT F. ADOPT RESOLUTION DECLARING THE CITY’S INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF THE PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS G. ACCEPT THE 2007 GENERAL FUND FINANCIAL RESULTS AND APPROVE FUND TRANSFERS H. APPROVE JOINT AND COOPERATIVE AGREEMENT FOR LEASING SELF-CONTAINED BREATHING APPARATUS I. AWARD CONTRACTS FOR 2008 STREET MAINTENANCE MATERIALS, I.C. 08-5712 J. AWARD CONTRACT FOR 2008 STREET STRIPING TO HIGHWAY TECHNOLOGIES, INC., I.C. 085721 K. AWARD CONTRACT FOR 2008 BITUMINOUS CRACK SEALING TO PRECISION SEALCOATING, INC., I.C. 08-5724 L. ADOPT RESOLUTION APPROVING MAINTENANCE AGREEMENT WITH MNDOT FOR THE CARDINAL CREEK TRAIL OUTLET STRUCTURE, I.C. 04-5621 M. APPROVE AMENDMENT TO THE 2008 CIP TO ADD WAYFINDING SIGNAGE AND POSTPONE ANDERSONLAKES PARKWAY / HOMEWARD HILLS ROAD INTERSECTION PROJECT, I.C. 08-5716 N. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR WAYFINDING SIGNAGE, I.E. 08-5716 O. AWARD BID FOR RED ROCK LAKE PARK PLAY STRUCTURE TO CLEARWATER RECREATION LLC P. AWARD CONTRACTS FOR EMPLOYEE DENTAL INSURANCE COVERAGE TO HEALTHPARTNERS, LONG TERM DISABILITY COVERAGE TO NATIONWIDE INSURANCE SERVICES, AND LIFE INSURANCE COVERAGE TO CIGNA Q. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS IX. PUBLIC HEARINGS / MEETINGS A. TOP DOG COUNTRY CLUB & VET CLINIC Request for: Planned Unit Development Concept Review on 3.03 acres, Planned Unit Development District Review on 3.03, Zoning District Amendment in the Commercial Regional Service CITY COUNCIL AGENDA April 15, 2008 Page 3 District on 3.03 acres and Site Plan Review on 3.03. Location: 8040 Glen Lane. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) B. EDEN PRAIRIE MARKETPLACE RETAIL Request for: Planned Unit Development Concept Review on 1.25 acres, Planned Unit Development District Review on 1.25 acres, Zoning District Change from Rural to Commercial Regional Service on 1.25 acres and Site Plan Review on 1.25 acres. Location: Valley View Road & Prairie Center Drive (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change) ` C. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 11.70 RELATING TO TEMPORARY REAL ESTATE SIGNS D. VACATION OF RIGHT-OF-WAY EASEMENT OVER PART OF EDEN ROAD, VACATION 08-01 (RESOLUTION) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. SECOND READING OF ORDINANCE AMENDING CITY CODE SECTION 11.70 RELATING TO TEMPORARY REAL ESTATE SIGNS B. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 11.70 RELATING TO DYNAMIC DISPLAYS C. SECOND READING OF ORDINANCE AMENDING CITY CODE SECTION 11.70 RELATING TO DYNAMIC DISPLAYS AND ADOPTING RESOLUTION APPROVING SUMMARY ORDINANCE XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. City Manager Performance Review C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR CITY COUNCIL AGENDA April 15, 2008 Page 4 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: April 11, 2008 TO: Mayor and City Council FROM: Scott Neal, City Manager RE: City Council Meeting for Tuesday, April 15, 2008 _____________________________________________________________________________________________ TUESDAY, APRIL 15, 2008 7:00 PM, COUNCIL CHAMBER I. ROLL CALL / CALL THE MEETING TO ORDER II. COLOR GUARD/PLEDGE OF ALLEGIANCE When the Mayor announces the Scout, the Scout or Scout Master will step to the podium. Scout / Scout Master: “I am ____________ from Scout Troop # _____ and Mayor and City Council, we are ready to present the Colors.” Mayor: “Color Detail, present the Colors.” The Detail Commander will March forward alone to the podium – then turn and face the Color Guard and start the ceremony. Detail Commander: “Color Detail, ATTENTION. Forward MARCH.” Council and audience will rise when the flags enter the Council Chamber. The Color Guard and Scouts will march to the front and automatically halt when in position; no command for halt will be given. Detail Commander at the podium will turn to the Mayor. Detail Commander: “Mayor and City Council, we are ready for the Pledge of Allegiance.” (Detail Commander will turn back to the scouts) “Present Colors.” [The American Flag is snapped straight up and the State Flag is dropped to a 45º angle.] “Hand Salute.” ‐ ‐ ‐ ‐ ‐ Mayor and Council lead the Pledge of Allegiance ‐ ‐ ‐ ‐ ‐ As soon as the Pledge of Allegiance is complete, the Detail Commander says: Detail Commander: Ready, TWO. The scouts return to attention and both flags are brought back to carrying position. Mayor: “Color Detail, retire the Colors.” Detail Commander: “Forward MARCH.” ANNOTATED AGENDA April 15, 2008 Page 2 Color Guard will now leave the Council Chambers. (Council and audience will remain standing until the flags leave the Council Chamber.) Outside the Council Chamber doors, the Color Guard will finish their duties. The Mayor will continue with the next item of business on the City Council Agenda while this takes place. Detail Commander: “Detail HALT.” [All Color Guard members and Scout participants remain at attention.] “Post COLORS.” [Color Guard now places the flags in the flag holders outside the Council Chambers]. “FALLOUT.” This ends the Color Guard ceremony. III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager’s office at 952.949.8412 by noon of the meeting date with your name, phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager’s Office. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. V. PROCLAMATIONS / PRESENTATIONS A. ARBOR DAY PROCLAMATION VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 18, 2008 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 18, 2008 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. ART CENTER TASK FORCE REPORT Synopsis: In late 2007, the family of Roger Sampson approached City of Eden Prairie staff to offer a donation of a building that was once used by Roger Sampson as a private art center. At the January 22, 2008 City Council Meeting, the City Council ANNOTATED AGENDA April 15, 2008 Page 3 directed the Arts and Culture Commission along with Parks and Recreation staff to research how to effectively operate a community arts center and make a recommendation back to the Council in sixty days. Arts and Culture Chair, Ann Rorem and Parks and Recreation staff will present the findings of the report and a summary of the recommendations. The Art Center Task Force was made up of members of the Arts and Culture Commission. The Task Force was supported by members of the Parks and Recreation Department and local architect Dan O’Brien. The Task Force met on the following dates: January 31, February 5, February 11, February 19, March 3, March 4, March 10, March 25, April 8 (Chair & City Staff), and April 14. The report provides background on the facility, identifies a potential mission and communication plan, provides comparative information about other metro-area art centers, and details the programming, staffing and budget that could be established for an Eden Prairie Art Center. The report also identifies potential funding sources to reduce / offset City costs. MOTION: Move to accept the Art Center Task Force Report dated April 15, 2008, as presented and submitted by the Arts and Culture Commission. B. SAMPSON PROPERTY DONATION (Resolution) Synopsis: In late 2007, the family of Roger Sampson approached City of Eden Prairie staff to offer a donation of a building that was once used by Roger Sampson as a private art center. At the January 22, 2008 City Council Meeting, the City Council directed the Arts and Culture Commission along with Parks and Recreation staff to research how to effectively operate a community arts center and make a recommendation back to the Council in sixty days. The Arts Center Task Force completed a report which was attached to the previous agenda item. In 1995, Mr. Roger Sampson built the facility at 7650 Equitable Drive. Mr. Sampson used this facility as a retirement office and as a private art making center. After Mr. Sampson passed away, members of his family approached the City of Eden Prairie to offer the facility as a gift to be used for an Art Center (see Sampson Family Letter). The total building size is 5,400 square feet and is comprised of the following rooms: a two-car attached heated garage, a utilities room, a large multi-purpose room with a concrete floor and a large skylight, a small kitchen, a bathroom with a shower, a conference room, an office and an open area between the office and conference room. (See building plan for details and layout). A Phase I Environmental Site Assessment (ESA) was conducted by Wenck & Associates. The primary focus of the ESA was to determine whether any on-site operations, either present or historic, have caused or contributed to the release of hazardous substances or petroleum products to the environment. Additionally, the ESA requires the environmental professional to evaluate business environmental risk ANNOTATED AGENDA April 15, 2008 Page 4 associated with the parcel that may ultimately necessitate investigation beyond that identified within the minimum scope of the practice. Special attention was also given to understanding whether the property may be affected by releases emanating from neighboring properties. Based on the revealed information, there were no recognized environmental concerns associated with the property. At the January 22, 2008 City Council Meeting, the City Council directed the Arts and Culture Commission along with Parks and Recreation Staff to research how to effectively operate a community arts center and make a recommendation back to the Council in sixty days. The Arts Center Task Force completed a report which was attached to the previous agenda item. In addition to accepting the Sampson building as a donation, the Arts and Culture Commission recommends adopting the recommendations and operating concepts contained in this report. The report provides recommendations and suggestions that were arrived at based on task force discussions, research and comparisons of other facilities. State law requires cities to accept gifts and donations through the adoption of a resolution. The attached resolution defines the terms and conditions for which the property would be accepted and used in the future. The intent of the Sampson Family has been to remain flexible and understanding of potential future unknowns. The resolution contains the following conditions: 1. The City accepts the donation of the Property with the understanding that the Grantor desires the Property to be used as an Art Center. 2. The City Council shall endeavor to use the Property as an Art Center for no less than seven (7) years. 3. The City’s use of the Property as an Art Center is subject to the City Council’s discretion to discontinue the use of the Property as an Art Center if, in the reasonable judgment of the City Council, it is no longer feasible, financially, operationally, or otherwise, for the City to operate and maintain the Property as an Art Center. 4. In the event the Property is sold, transferred, or otherwise conveyed by the City to another party, the City Council shall endeavor to use the proceeds from such transfer of the Property for arts related programming purposes of the City provided the City Council determines that it is not necessary to use the proceeds to fund other governmental functions. 5. It is the intention of the City Council to accept the donation of the Property and to use it as an Art Center, provided however and subject to retaining in the City Council the discretion to use the Property in a manner determined by the City Council to be in the best interest of the City and its citizens, including the sale of the Property and the use of the sale proceeds in a manner determined by the City Council to be in the best interest of the City and its citizens. ANNOTATED AGENDA April 15, 2008 Page 5 MOTION: Move to adopt the resolution accepting the donation of the Sampson building and property for use as an art center. VIII. CONSENT CALENDAR MOTION: Move approval of items A‐Q on the Consent Calendar. A. CLERK’S LICENSE LIST B. PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT. (Amendment to the Ordinance & Site Plan Resolution deleting the date of April 30, 2008 and replacing said date with June 15, 2008) C. AWARD CONTRACT FOR WELL #9 RECONDITIONING PROJECT TO BERGERSON CASWELL D. APPROVE AGREEMENT WITH TKDA FOR WEST 78TH STREET WATER MAIN RELINING PROJECT E. APPROVE 2008 GENERAL FUND BUDGET ADJUSTMENT F. ADOPT RESOLUTION DECLARING THE CITY’S INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF THE PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS G. ACCEPT THE 2007 GENERAL FUND FINANCIAL RESULTS AND APPROVE FUND TRANSFERS H. APPROVE JOINT AND COOPERATIVE AGREEMENT FOR LEASING SELF-CONTAINED BREATHING APPARATUS I. AWARD CONTRACTS FOR 2008 STREET MAINTENANCE MATERIALS, I.C. 08-5712 J. AWARD CONTRACT FOR 2008 STREET STRIPING TO HIGHWAY TECHNOLOGIES, INC., I.C. 085721 K. AWARD CONTRACT FOR 2008 BITUMINOUS CRACK SEALING TO PRECISION SEALCOATING, INC., I.C. 08-5724 L. ADOPT RESOLUTION APPROVING MAINTENANCE AGREEMENT WITH MNDOT FOR THE CARDINAL CREEK TRAIL OUTLET STRUCTURE, I.C. 04-5621 M. APPROVE AMENDMENT TO THE 2008 CIP TO ADD WAYFINDING SIGNAGE AND POSTPONE ANDERSONLAKES PARKWAY / HOMEWARD HILLS ROAD INTERSECTION PROJECT, I.C. 08-5716 ANNOTATED AGENDA April 15, 2008 Page 6 N. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR WAYFINDING SIGNAGE, I.E. 08-5716 O. AWARD BID FOR RED ROCK LAKE PARK PLAY STRUCTURE TO CLEARWATER RECREATION LLC P. AWARD CONTRACTS FOR EMPLOYEE DENTAL INSURANCE COVERAGE TO HEALTHPARTNERS, LONG TERM DISABILITY COVERAGE TO NATIONWIDE INSURANCE SERVICES, AND LIFE INSURANCE COVERAGE TO CIGNA Q. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS IX. PUBLIC HEARINGS / MEETINGS A. TOP DOG COUNTRY CLUB & VET CLINIC Request for: Planned Unit Development Concept Review on 3.03 acres, Planned Unit Development District Review on 3.03, Zoning District Amendment in the Commercial Regional Service District on 3.03 acres and Site Plan Review on 3.03. Location: 8040 Glen Lane. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) Official notice of this public hearing was published in the January 31, 2008, Eden Prairie News and sent to 20 property owners. Synopsis: This is a continued item from the February 12, 2008 City Council meeting. The applicant, Fendler Patterson Construction Inc, is withdrawing the project from further review with the City Council. MOTION: Move to close the Public Hearing and return the development plans to the proponent without prejudice. B. EDEN PRAIRIE MARKETPLACE RETAIL Request for: Planned Unit Development Concept Review on 1.25 acres, Planned Unit Development District Review on 1.25 acres, Zoning District Change from Rural to Commercial Regional Service on 1.25 acres and Site Plan Review on 1.25 acres. Location: Valley View Road & Prairie Center Drive (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change) Official notice of this public hearing was published in the April 3, 2008, Eden Prairie News and sent to 10 property owners. Synopsis: The project is a 10,528 square foot retail building. A PUD waiver is required for front yard parking setback waiver from 17.5 feet to 11.58 feet. The reduced setback allows for a rainwater garden along the north property line and a wider sidewalk at the base of the building. The 120-Day Review Period Expires on July 7, 2008. The Planning Commission voted 9-0 to recommend approval of the project at the March 24, 2008 meeting. ANNOTATED AGENDA April 15, 2008 Page 7 MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 1.25 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to Commercial Regional Service on 1.25 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. C. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 11.70 RELATING TO TEMPORARY REAL ESTATE SIGNS Official notice of this public hearing was published in the April 3, 2008, Eden Prairie News. Synopsis: The proposed change is to add another day and time period for temporary offsite directional signs used for selling or leasing a single property. The proposed change would also allow two (2) temporary off-site directional signs to be located on private property with permission from the property owner between 9:00 a.m. and 3:00 p.m. on Tuesday. The existing code permits two (2) temporary off-site directional signs to be located on private property with the permission of the property owner from 10:00 p.m. Friday to 6:00 a.m. on Monday. Second reading of the ordinance is listed in the Ordinance and Resolution section of the agenda. The Planning Commission voted 8-0 to recommend approval of the code changes at the March 24, 2008 meeting. MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance amending City Code Section 11.70 relating to temporary real estate signs. D. VACATION OF RIGHT-OF-WAY EASEMENT OVER PART OF EDEN ROAD, VACATION 08-01 (RESOLUTION) Official notice of this public hearing was published in the March 27, 2008, Eden Prairie News and sent to 3 property owners. Synopsis: The Property Owner has requested the vacation of the public right-of-way easement over a part of Eden Road to facilitate the proposed Windsor Plaza development plan. The requested vacation will remove the underlying encumbrance consisting of the right-of-way easement for a portion of Eden Road to accommodate the Windsor Plaza development project. The Windsor Plaza project consists of a mixed use office, retail and restaurant uses. The project will provide cross-access to the existing uses that will continue to take access from Eden Road. ANNOTATED AGENDA April 15, 2008 Page 8 MOTION: Move to: • Close the public hearing; and • Adopt the resolution vacating the Public Right‐of‐Way Easement over part of Eden Road. X. PAYMENT OF CLAIMS MOTION: Move approval of the Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. SECOND READING OF ORDINANCE AMENDING CITY CODE SECTION 11.70 RELATING TO TEMPORARY REAL ESTATE SIGNS Synopsis: This code change is amending the use of temporary off-site directional sign for single properties to include Tuesday between 9:00 a.m. to 3:00 p.m. MOTION: Move to approve 2nd Reading of the Ordinance amending City Code Section 11.70 relating to temporary real estate signs and adopt resolution approving Summary publication. B. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 11.70 RELATING TO DYNAMIC DISPLAYS Synopsis: The staff has amended the ordinance in the following areas. 1. Dynamic display would be permitted in the TC-C (commercial) district of the Town Center. There are 3 sub-districts of the Town Center, including commercial, mixed use and residential. Dynamic display would be prohibited in the TC-MU (mixed use) and TC-R (residential) districts of the Town Center. 2. Dynamic display would be permitted in the Public (PU) district. This would apply to schools, parks, and churches. 3. Allow 35% of a sign area to be dynamic. There are signs with dynamic display in the City. The amount of dynamic display per sign varies from 15-35% of the sign area. The City of Minnetonka allows a dynamic display to occupy no more than 35 percent of the actual copy and graphic area. 4. Certification of Brightness. This is a written certification from the manufacturer that the sign conforms to city brightness standards. The code currently prohibits dynamic display. There are existing dynamic display signs in the City that were built prior to the code change in 2005 that prohibits any illuminated sign that changes in either color or intensity of light, flashes, scrolls, or is ANNOTATED AGENDA April 15, 2008 Page 9 animated. The proposed ordinance would be permissive and includes provisions relating to location, size, time, brightness and maintenance standards. The staff recommendation to the Planning Commission for time change was once every 24 hours. The Planning Commission felt that a standard of once every 20 minutes would be more reasonable and consistent with the City of Bloomington and Minnetonka. There are existing dynamic display signs in the City. • Purgatory Creek Recreation Area - 77 sf. Dynamic display - 27 sf ( 35%.) • Walgreens at Hwy 5 and Eden Prairie Road - 80 sf. Dynamic display - 24 sf (30%) • Kowalski’s at Hwy 5/Eden Prairie Road – 78 sf. Dynamic display - 20 sf (26%). • SuperAmerica at Hwy 5/Eden Prairie Road – 80 sf. Dynamic display - 12sf (15%). Enforcement Since the last meeting the staff has talked with several communities relating to enforcement of brightness standards. Lincoln, Nebraska; Mesa, Arizona; Madison Wisconsin; Plymouth, Minnesota; and Bloomington, Minnesota, measure brightness with a light meter when responding to a complaint. Minnetonka evaluates brightness by a three person committee (City staff, sign industry, and a resident). The ordinances in these cities are relatively new, varying from last week in Plymouth Minnesota to two years in Lincoln Nebraska. The only city with enforcement experience since an ordinance was adopted is Lincoln Nebraska (two complaints). Plymouth and Lincoln, Nebraska, use a standard light meter converting the reading mathematically from foot-candles to nits (cost 900.00). Another method to measure light is with a spectroradiometer (cost $8-20,000.00). These are typically used by sign manufacturers in factory settings to establish light levels for the sign. Greg Rendell of the Minnesota Sign Association prefers a measured way of enforcement. Adam Skare of Daktronics, a sign manufacturer prefers a committee approach to evaluate brightness. Staff suggests a measured approach using a light meter. In the event of a complaint, the staff would also ask the sign manufacturer to use their own equipment to measure brightness and then we can compare the results. The number of potential complaints can be minimized by two requirements. • A written certification from the sign manufacturer that light intensity has been preset to conform to the brightness levels established by code and that the preset level is protected from end user manipulation by password protected software or other method. This would offer the advantage of ensuring that electronic signs at a minimum cannot exceed the standards. • Signs need a mechanism to automatically control sign light levels based on ambient light conditions. ANNOTATED AGENDA April 15, 2008 Page 10 These conditions would place more responsibility on the manufacturer and owner of the sign and minimize the number of complaints and staff time needed to enforce the code. MOTION: Move to: • Remove from table and reopen discussion; and • Approve 1st Reading of the Ordinance amending City Code Section 11.70, relating to dynamic displays C. SECOND READING OF ORDINANCE AMENDING CITY CODE SECTION 11.70 RELATING TO DYNAMIC DISPLAYS Synopsis: This code change is adding definitions and regulations relating to signs with dynamic display. MOTION: Move to approve 2nd Reading of the Ordinance amending City Code Section 11.70, relating to dynamic displays and adopt Resolution approving Summary publication. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. City Manager Performance Review C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. PROCLAMATION ARBOR DAY – MAY 3, 2008 WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for homes, fuel for our fires and countless other wood products; and WHEREAS, trees, whenever they are planted, are a source of joy and spiritual renewal; and WHEREAS, Eden Prairie has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree planting ways. NOW, THEREFORE, I, Phil Young, Mayor of the City of Eden Prairie, Minnesota, do hereby proclaim May 3rd, 2008, as Arbor Day in the City of Eden Prairie, and urge all citizens to support efforts to protect our trees and woodlands and to support our city’s urban forestry program; and FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well being of present and future generations. ADOPTED by the Eden Prairie City Council on April 15th, 2008. ___ Phil Young, Mayor ITEM NO.: V.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MARCH 18, 2008 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOM II 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. INTERNAL SERVICE FUNDS Finance Manager Sue Kotchevar explained how internal service funds work and reviewed the pros and cons of using them. She said they provide a more accurate way of measuring the costs of government services. Kotchevar said a number of nearby communities, such as Bloomington, Eagan, Maple Grove, Maplewood, Minnetonka, Plymouth and Richfield, use internal service funds. She said the City began implementing internal service funds in 2004 beginning with benefits. In 2007, severance, property insurance, and workers compensation insurance were converted to internal service funds. Staff plans to switchover IT, fleet services and facilities operations to internal service funds by 2009. Kotchevar explained how the difference in accounting methods would appear on the capital and operating budgets. Kotchevar asked for input on how Council prefers to fund anticipated large purchases, by issuing debt or by setting aside funds over time. She said the City currently issues debt for big-ticket items such as fire trucks and uses the pay-as-you-go method for smaller projects. Council Member Nelson said she prefers the pay-as-you-go method whenever possible. Nelson said she is concerned about how street replacement costs will be paid for on some of the City’s aging roadways. She would like to see a long term program to slowly build up funds instead of having to levy for costs like Minnetonka was forced to do in recent years. Public Works Director Gene Dietz said staff is preparing a pavement management system presentation for the Budget Advisory Commission and City Council. Mayor Young said he would like to know what other cities a generation older than Eden Prairie have done to pay for road replacement projects. Young said he believes projects can be paid for through special assessments when they are needed rather than stockpiling money now from current tax payers. ITEM NO.: VI.A. II. 2009 OPERATING BUDGET Kotchevar reviewed the 2008 timeline for the operating budget. Revenue projections will be updated and Directors will identify critical needs and opportunities this spring and summer. The second Budget Workshop will be held on August 19. The Council will be asked to certify the preliminary levy and budget on September 2. The Truth-in-Taxation Hearing will be held December 1, and the Council will adopt a final levy and budget on December 16. III. 2009 TO 2013 CAPITAL IMPROVEMENT PLAN Kotchevar reviewed the background and philosophy of the Capital Improvement Plan. Staff is currently preparing recommendations for the 2009-2013 CIP. The Budget Advisory Commission will be reviewing the CIP at its monthly meetings, starting in April. The June 3 City Council Workshop will be devoted to the CIP. A hearing on the proposed CIP will be held December 1 and Council will be asked to adopt the plan at the same meeting. IV. 2007 PRELIMINARY FINANCIAL RESULTS Kotchevar presented 2007 preliminary financial results. The total fund balance as of December 31, 2006, was $19,687,692. As of December 31, 2007, the total fund balance was $20,876,403, showing a difference of $1,188,711. Kotchevar also reviewed CIP fund balance projections through 2012 with the assumption that the $1,000,000 tax levy will resume in 2010. Mayor Young asked if these numbers reflected the economic development fund balance and the proceeds from the sale of City land to Presbyterian Homes. Kotchevar said they did not. Kotchevar said that the City Attorney’s office is researching whether or not economic development funds can be transferred to the CIP. Preliminary results indicate utility operations had a 12% or $8,887,442 sales increase. Liquor store sales increased by about 3.2%. Council Chamber IV. OPEN PODIUM V. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 18, 2008 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. II. COLOR GUARD / PLEDGE OF ALLEGIANCE Mayor Young thanked Cub Scout Pack 497 from Cedar Ridge Elementary School for presenting the colors. III. OPEN PODIUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Butcher moved, seconded by Aho, to approve the agenda. Motion carried 5-0. V. PROCLAMATIONS / PRESENTATIONS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 4, 2008 MOTION: Duckstad moved, seconded by Aho, to approve the minutes of the Council Workshop held Tuesday, March 4, 2008, as published. Motion carried 5- 0. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 4, 2008 MOTION: Aho moved, seconded by Butcher, to approve the minutes of the City Council Meeting held Tuesday, March 4, 2008, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. CONSERVATION COMMISSION Eapen Chacko, Chair of the Conservation Commission, gave a presentation on the Commission’s progress to date and the work plan for 2008. He reviewed the ongoing Change-A-Light pledge campaign, noting this is a great activity that needs ITEM NO.: VI.B. CITY COUNCIL MINUTES March 18, 2008 Page 2 more support. He said the Commission has tried to extend their conversation about conservation issues into the community by participating in the Chamber of Commerce’s Landscape & Garden Expo and Pax Christi’s Environmental Fair, and by establishing connections with the environmental commissions in Chanhassen and Edina. He noted that McKinstry Essention will give a progress report on the 20-40-15 plan later this evening, and he thanked the Council for establishing the Conservation Commission as the notified body for that project so the Commission can have meaningful input into the process. Young thanked Chair Chacko and the other Commission members for their work. MOTION: Nelson moved, seconded by Butcher to receive the Conservation Commission 2007 Annual Report and approve the 2008 Work Plan. Motion carried 5-0. B. ENERGY SAVINGS REPORT – MCKINSTRY ESSENTION Neal introduced Tom Loffenberg, McKinstry Essention, noting he has been working with the City for several months on the 20-40-15 energy savings project. Mr. Loffenberg said under Minnesota Statutes cities are allowed to put together an energy conservation project that would pay for itself out of energy savings. He said the proposed Phase 1.1 projects will pay for themselves. Phase 1.1 projects include lighting improvements on building interiors to reduce energy costs and increase the light quality in the work spaces. They are proposing a pilot project to install LED lights in the City Center parking lot as part of Phase 1.1. He said LED lighting has a different quality so they prefer to do a pilot project in order to get feedback from the public; however, LED lighting can result in a 70% savings in energy costs. Other items in Phase 1.1 include occupancy sensors, building automation systems to regulate heating and cooling of buildings, improved generators to reduce energy rates and provide emergency generator backup, vending machine controls, and a thermal solar panel at the Community Center to heat the swimming pool. He distributed copies of a summary sheet showing the proposed projects for Phase 1.1, noting energy costs will be reduced by 4% and will get the City about 20% towards the goal of 20-40-15. Loffenberg said they will come back with more items for the next phase which will include additional LED lighting for parking lots and street lights, wind turbine use, and some geothermal applications. He noted some of the Phase 2 items may require some additional capital investment by the City. Nelson asked when the LED parking lot lights project will begin. She said she was delighted to see that included in Phase 1.1. Loffenberg replied they will begin the final specifications, and work should begin within 30-60 days upon approval of the contract. Nelson asked where we would go from there if the public likes the lighting. Loffenberg said they would probably do some surveying and work with staff to determine how best to proceed. Nelson asked if there has been positive feedback in other communities that have installed LED lights. Loffenberg said the vast majority of feedback has been positive. Nelson asked if we would look at CITY COUNCIL MINUTES March 18, 2008 Page 3 changing the streetlights if the feedback is positive. Lofenberg said some of the streetlights are owned by Xcel Energy, but the City-owned lights could be changed very quickly. Butcher asked about the ice rink heat reclaiming system. Mr. Ackerson, McKinstry Essention, said that is a way to melt the ice from the Zamboni. It is included in Phase 2 because we need to do more analysis in order to get the right fixes for that. Aho asked what other items they have analyzed, such as motor controls. Loffenberg said they started with the quickest in terms of development because some of the mechanical systems require a longer time to analyze and put them together. He thought there will be some additional very good payback items, but many of items are more complex. Aho asked if there was any way to get a faster return on investment by changing the mix of the project items. Loffenberg said they tried to produce a blend of shorter and longer term payback items, noting many of their clients have chosen to do it that way. Young asked about the thermal solar collector which has a simple payback of 41 years. Loffenberg said there is some contingency money in that item so the cost could come down a little. Aho thought we may want to decide if we want to do all of the items proposed for Phase 1.1. Young asked what the implication is if we don’t go forward on the solar collector. Neal said that item could be put into the next phase and noted staff had a lot of discussion on that particular item. He thought it would be fine if the Council wanted to put the thermal solar collector into the next phase, because it does have an impact on the overall return on investment of 13.8 years. Neal asked Mr. Loffenberg to review the basics of the finances for the project. Loffenberg said they set up a lease so that each year McKinstry would come out and provide measurement and verification that the projected savings have been realized. They guarantee the amount of savings that will be realized will exceed the principal and interest on the lease, so there is a guarantee of the savings and we can see the progress of the project each year. Aho asked about the length of term of the lease. Loffenberg said he did not think that has been established yet because the rates are in flux. They are still working through what terms we would use, and it depends on the cash flow situation. Aho asked if the City owns it once the lease is satisfied. Loffenberg said that was true. Young asked that the case be made for including the thermal solar collector in the list. Loffenberg said sometimes their clients pick a renewable energy project for another reason such as the educational value of the project or to set an example. He said we may need to get more into some of the other things the City is trying to accomplish with the initiative. CITY COUNCIL MINUTES March 18, 2008 Page 4 Eapen Chacko said the Conservation Commission has struggled with how we take a step into some of these areas. The commission thought the site for the thermal solar collector is favorable, it is used by the entire community, and it is close to the High School for use as an educational item. Young asked how the educational component of the thermal solar collector would be realized. Chacko said it could be similar to the geothermal project that was at the library, but the challenge for us would be to hook up with the educational community to promote the project. Young asked if there was a plan to do something with it. Neal said there could be in the same way we have used the Environmental Learning Center at the Water Plant. Loffenberg noted we have been extremely conservative in our estimates of initial savings and ongoing savings. Neal noted there was a wind project that had a similar long-term payback. Nelson asked how the wind project payback compared to the thermal solar collector. Loffenberg said the wind project had a little better payback but it was still in development. They are trying to identify the most suitable turbine and are doing analysis of various sizes of turbines. He noted there are a lot of factors involved and this item will be presented as part of Phase 2 in 60-90 days. Nelson asked if they looked at our fleet for the possibilities of more energy- efficient vehicles. Loffenberg said they had some preliminary conversations on that and are continuing to evaluate it. Aho asked what the life expectancy is on the electric generator since that item has a 16.6 year payback, and whether we factored in maintenance costs for that. Loffenberg said there is an expected life of 25 years for the generator, and they have factored in all of the maintenance costs. In general terms Aho thought the thermal solar collector is a nice idea, but at this time he thought every component of the project needs to stand alone, so he would like to move that item to the second phase. Young said he was willing to support items such as the thermal solar collector if they have educational or other non-financial benefits; however he needed the case to be made at the time of the financing. He was confident we can do that for this item and a plan will be included in the second phase of the project. Neal said if that is the direction of the Council we will move the item to Phase 2 and come back with a well-developed plan for programming. Young said he would support the Phase 1.1 items with the exception of the thermal solar collector. MOTION: Aho moved, seconded by Butcher, to accept the Energy Savings Report from McKinstry Essention and to move forward with the Phase 1.1 project, with the exception of the thermal solar collector which will be moved to Phase 2 for further review. Motion carried 5-0. VIII. CONSENT CALENDAR A. APPROVE SECOND READING OF ORDINANCE NO. 8-2008 AMENDING CITY CODE SECTION 11.70, RELATING TO THE PUBLIC DISTRICT CITY COUNCIL MINUTES March 18, 2008 Page 5 AND AIRPORT SECTIONS OF THE SIGN ORDINANCE, AND ADOPT RESOLUTION NO. 2008-33 APPROVING SUMMARY PUBLICATION B. APPROVE SECOND READING OF ORDINANCE NO. 9-2008 AMENDING CITY CODE SECTION 11.51 RELATING TO PROTECTION OF WETLAND AND ADOPT RESOLUTION NO. 2008-34 APPROVING SUMMARY PUBLICATION C. ADOPT RESOLUTION NO. 2008-35 APPROVING FINAL PLAT OF CASTLE RIDGE 2ND ADDITION D. ADOPT RESOLUTION NO. 2008-36 APPROVING FINAL PLAT OF BLUFF COUNTRY VILLAGE 3RD ADDITION E. AWARD CONTRACT FOR RECOATING OF WATER TREATMENT PLANT WASH-WATER TANK TO CHAMPION COATINGS, INC. F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR CONCEPT DESIGN OF PRAIRIE CENTER DR./ PRESERVE BLVD. AND ANDERSON LAKES PARKWAY/ PRESERVE BLVD. INTERSECTIONS, I.C. 02-5583 G. ADOPT RESOLUTION NO. 2008-37 APPROVING CONTRACT WITH THE STATE OF MINNESOTA FOR THE INSTITUTION COMMUNITY WORK CREW PROGRAM FOR AN ADDITIONAL DAY PER WEEK FROM APRIL 14 TO NOVEMBER 28, 2008 H. AWARD CONTRACT FOR STREET SWEEPING TO RELIAKOR SERVICES, INC., I.C. 08-5720 I. ADOPT RESOLUTION NO. 2008-38 AUTHORIZING THE CITY OF EDEN PRAIRIE TO ACT AS THE LOCAL GOVERNMENT UNIT WITHIN THE RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT J. APPROVE SUBMITTAL OF 2007 RECYCLING REPORT TO HENNEPIN COUNTY AND ADOPT RESOLUTION NO. 2008-39 AUTHORIZING RENEWAL OF THE RESIDENTIAL RECYCLING GRANT APPLICATION FOR 2008-2010 K. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO, INC., FOR DESIGN PHASE SERVICES FOR RECONSTRUCTION OF RIVERVIEW RD. FROM HOMEWARD HILLS RD. TO SONOMA RIDGE/ PARKER DR., I.C. 52-157 L. APPROVE COST PARTICIPATION AND MAINTENANCE AGREEMENT WITH NINE MILE CREEK WATERSHED DISTRICT FOR BIRCH ISLAND LAKE POND NO. 4 STORM SEWER, I.C. 04-5620 CITY COUNCIL MINUTES March 18, 2008 Page 6 M. APPROVE 2008 TOWING SERVICES AGREEMENT WITH MATT’S AUTO SERVICE N. APPROVE WATER EMERGENCY AND CONSERVATION PLAN O. APPROVE MUTUAL AID AGREEMENT WITH SOUTHWEST TRANSIT MOTION: Butcher moved, seconded by Aho, to approve Items A-O on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS A. UNITEDHEALTH GROUP PUD CONCEPT AMENDMENT Request for: Planned Unit Development Concept Amendment on 71 acres and Alternative Urban Areawide Review (AUAR) Update on 71 acres. Location: SE Quadrant of Shady Oak Rd & TH 62. (Resolution No. 2008-40 for PUD Concept Amendment) Neal said official notice of this public hearing was published in the March 6, 2008, Eden Prairie News and sent to 84 property owners. He said in 2002 United Health Group (UHG) received City approval of a Comprehensive Guide Plan Change and PUD concept plan for a 1,599,400 square foot office/mixed-use development on its 71-acre property located at the southeast corner of Highway 62 and Shady Oak Road. The plan consisted of 1,131,700 sq. ft. of office, 331 multi-family units, a 125-room hotel/restaurant, and 50,000 square feet of retail. The Development Agreement for the PUD concept plan will expire March 20, 2008. Neal said UHG is proposing a PUD concept amendment for the plan for 1,584,400 sq. ft. office/mixed use development consisting of 1,140,000 sq. ft. of office, 324 multi-family units, 125-room hotel/restaurant, and 25,000 sq. ft. of retail. The plan also provides for a future light rail transit station and a Park-and-Ride at the site, which is along Hennepin County’s preferred future LRT alignment. The Concept Amendment plans have taken into account changes to the site since the previous approval including: new wetland delineation report; updated traffic analysis; updated tree inventory; storm water infiltration; and accommodation for a future light rail transit station on the site. Neal reviewed the following PUD waivers needed to be approved as part of any rezoning of the property: Office Site • Floor Area Ratio of 0.89. Code maximum is 0.50. • Building height greater than 30 feet. Six, eight, and ten story buildings are anticipated. High Density Residential Site • 0-foot internal setback to parking. Code requires a 10-foot setback. Shared parking is anticipated. CITY COUNCIL MINUTES March 18, 2008 Page 7 Neighborhood Commercial Site • FAR of 0.51. Code maximum is 0.40. Housing is proposed above the retail uses. • 0-foot internal setback to parking. Code requires a 10-foot setback. Shared parking is anticipated. • Building height greater than 30 feet. Housing is proposed above the retail uses. Neal said the benefits to the City for considering these waivers are: • A mixed-use development of office, housing and retail • Preservation of the 10 acre wooded knoll • Preservation of 12.27 acres (92.5%) of the 13.27 acres of wetlands on site • Significant tree loss of 32% • Accommodates future LRT station and Park-and-Ride within the site The 120-Day review period expires on May 19, 2008. The project applicant was present to answer question. There were no comments from the audience. MOTION: Aho moved, seconded by Butcher, to close the Public Hearing, to adopt Resolution No. 2008-40 for Planned Unit Development Concept Amendment on 71 acres, and to direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Neal commented he thought this project shows the strength of our local economy, and this is the kind of project many cities envy. Nelson expressed her appreciation for the accommodation for light rail. VOTE ON THE MOTION: Motion carried 5-0. B. UNITEDHEALTH GROUP ALTERNATIVE URBAN AREAWIDE REVIEW (AUAR) UPDATE Neal said official notice of this public hearing was published in the March 6, 2008, Eden Prairie News and sent to 84 property owners. United Healthcare Services, Inc. is proposing an Update to its Alternative Areawide Urban Review (AUAR) environmental document originally adopted by the City Council in April of 2002 for the future development of a 71 acre site located at the southeast corner of T.H. 62 and Shady Oak Road. Neal said the 30-Day Comment Period runs from February 26 thru March 26, 2008. The 120-Day Review Period for the AUAR process expires on May 19, 2008. The Planning Commission voted 5-0 to accept the draft AUAR document and draft mitigation plan as accurate and complete at its February 25, 2008 meeting. There were no comments from the audience. CITY COUNCIL MINUTES March 18, 2008 Page 8 MOTION: Butcher moved, seconded by Aho, to close the Public Hearing and to accept the draft AUAR and draft mitigation plan as accurate and complete. Motion carried 5-0. C. CDBG FUNDING RECOMMENDATIONS (Resolution 2008-41) Neal said official notice of this public hearing was published in the February 28, 2008, Eden Prairie News. He said the 2008 CDBG allocation is $256,033.00, which is approximately 4% less than our 2007 allocation. The regulations stipulate that public service funding may not exceed 15 percent of the City’s total allocation, plus 15 percent of the previous year’s program income ($110,890). For the 2008 program year, funding for public services totals $46,000. Molly Koivumaki, Housing & Human Services Manager, reviewed the process used to distribute CDBG funds. She said the process starts at the beginning of the year when HUD notifies us what the allocation will be. Anyone can apply for the funding, but they generally get the same groups each year. She said they received about a 4% decrease in allocated funds this year so they have made some adjustments from last year. They would like to use the Housing Rehabilitation Loan Program in new ways this year and will bring back a proposal to the Council later on how the City can help with some of the issues regarding foreclosure and other items that are hitting the community right now. There were no comments from the audience. MOTION: Nelson moved, seconded by Butcher, to adopt Resolution No. 2008- 41 approving the use of 2008 CDBG funds as recommended by the Eden Prairie Human Services Committee. Motion carried 5-0. D. UTILITY FEE SCHEDULE AMENDMENTS (Resolution No. 2008-42) Dietz said the Council approved a water conservation and emergency supply plan as part of tonight’s Consent Calendar. He said Minnesota state statutes prioritize the use of water into six priorities, and No. 6 in priority is non-essential uses which includes lawn sprinkling. The average usage for Eden Prairie residents is 93 gallons per capita per day, but we are mandated to try to reduce that average back to 75 gallons per day. He said the utility fee schedule includes the proposed LGU fees for Riley- Purgatory/Bluff Creek Watershed District. The LGU fees are typical of what the Watershed District used to charge. He said the noncompliance fees are changed to measure them over a three-year rolling time frame rather than a two year time frame. The billing for our commercial/industrial customers will change to a monthly billing system. He said irrigation-only accounts will now be subject to a use surcharge of $1.00 per 1,000 gallons, and the storm water drainage fees will change to $4.00 per quarter for a single family home. CITY COUNCIL MINUTES March 18, 2008 Page 9 Basil Wissner, 8292 Mitchell Road, thought the fee structure is really too low if we are trying to change the behavior of our residents. He thought it should be double that, at a minimum. Laura Bluml, 10450 Riverview Drive, said they water less than one inch per week and never during restricted periods. They have been assessed the surcharge and it sometimes goes up to the $100 cap. They have tried to reduce their water usage and would like to work with someone to convert a larger area to natural conditions. She noted the system allows a resident who fills an indoor pool in January to get that added to their water for the summer. She thought the noncompliance fee should be increased, and she was bothered that the error with irrigation-only users occurred for 11 years. She thought we should look at other fees to make sure there aren’t other errors. She would like to make sure the costs for the change to monthly billing will include all the additional costs for the mailings and other items. Dietz said the resolution does eliminate the $100 cap. He noted there are no tax dollars involved in our utility operations. It is all fee generated and the fees are the only way we pay for capital costs. MOTION: Butcher moved, seconded by Nelson, to close the public hearing. Motion carried 5-0. Duckstad asked how the proposed rates compare to our neighboring municipalities. Dietz said the storm water utilities’ average is $40 per quarter while ours will be $4.00. He did not have a comparison of the water rates in front of him, but we would be in the middle with $1.65 per 1000 gallons. Only about five other communities have a two-tier system like we do for conservation efforts. He said there is a bill before the state legislature to mandate that all large water systems have a conservation rate structure. Butcher said it is pretty obvious that our water is one of the best things going in terms of what we pay. She thought there is a commitment on the part of the City Council to be good stewards of all our resources. As part of that we made the commitment to have a Conservation Commission and created a staff position. It makes good sense to take more incremental change over quantum change. She said she supported what staff is proposing but would like to review this sooner than we did this last time. She thought we are going in the right direction and would like to see more citizen involvement and awareness of this issue so residents might be able to add to our water conservation efforts. Nelson asked if the monthly billing is strictly for businesses only for what we are approving. Dietz said this is a trial balloon for us, and about 1100 customers will be on the monthly basis to start which will give us experience with the monthly billing process. Nelson said it will take a little convincing for her to go that way for residences. She thought our storm water drainage fees are overly low. She wants to do incremental increases but she also wants to see them increase over time and to make sure we cover our costs. She commended Mr. Neal for his piece in the newspaper explaining the fee increases. She thought it provided more of an overall CITY COUNCIL MINUTES March 18, 2008 Page 10 understanding about why we need to do this. She thought it would be nice if staff could do a piece that explains why water poured on the grass does not just run down through the ground and get pumped out through the water system again. She thought that would be something that would help a lot of people understand and would make more sense to them as to why they need to conserve. Aho thought the City water system is a number one quality system. He has an office building in another community where the water is not nearly as good as Eden Prairie water. We have a fantastic water system here and we don’t have to soften the water on our own which is a big savings for residents. He thought it would be good to have Mr. Dietz address the system constraints again because he gets a lot of feedback that shows there is not a good understanding of that issue. He asked if there is any way we could account for large areas like that of Ms Bluml’s property. Regarding the issue about associations that maintain property such as boulevards, he asked if there is anything we could do to help them maintain their property. Dietz corrected his earlier statement that the average storm water utility for other cities is $40 per quarter, stating it is actually $40 annually. He said the system constraint is how much water we are allowed to take out of the ground. We got approval to go to 3.25 billion gallons per year, and we went over last year when we used 3.5 billion. He said Well No. 15 was in the preliminary stages last year, so we hope they will forgive us and that we will get more normal weather this year. There are several constraints on the system: wells, pipes, towers and the plan. He said we have received approval for Well No. 16, and we are doing some design work to put that into the area south on Mitchell Road. If we have good rainfall in a year, we will be able to keep up better. We do have rebates for water-conserving appliances, we have a new rebate program to convert part of a yard to a Rain Garden, and we have a $100 rebate for an irrigation system with smart features. He said a larger yard will always cost more to water. He noted only 3% of our base would have paid a $100 or more surcharge last year. Some associations have made upgrades in some of their boulevards and medians. They have agreed to maintain the median if they have one. He said we recognize the fee increases are a change for people, but he thought we have to put these in place. Young said the association that corresponded with the Council alleged that we maintained some of their common areas earlier. Dietz said over the years we have mowed a pass back behind the curb. State statutes require that property owners maintain to the edge of the road. There are a number of areas where we mow but it is not to the level the associations would want. Young asked Council Member Aho if there is an alternative he wanted to propose regarding different size lots or associations. Aho said he was satisfied with Mr. Dietz’s description and reasoning. Nelson said she gets comments from people asking that everyone observe the 12:00 to 5:00 PM watering ban, including those that have their own wells, as well as the schools and golf courses. Dietz said he didn’t know if we can do that. Neal said our conservation program impacts people that are connected to our system but not CITY COUNCIL MINUTES March 18, 2008 Page 11 those that are not connected to it. Dietz said we do talk to some apartments and others that have their own wells and also to the School District but it sometimes gets out of synch. Young said the School District often waters in the heat of the day during the summer and that raises concerns. Neal said we will discuss this with them again. Aho said he has had a number of correspondences from those who say they were fined for violations when they were using their own wells. He asked if we have something in place to detect when someone is using their own well for irrigation. Dietz replied we know about most of those situations and staff does try to catch the ones that have private wells. He said we have to have strict compliance with our rules or we can’t enforce it for anybody, and we need an objective means of measuring compliance. Duckstad said he thought Mr. Dietz was to be commended on his sensible approach to the watering problem. He asked if irrigation-only associations, where residents get together and formulate a plan to water the property, will be put into a higher tier. Dietz said they will. Duckstad was concerned that by billing them more you could have a harmful effect on those associations such that they disband and start to water on their own, thereby using more water. Dietz said he didn’t have a sense that would happen. There are two kinds of associations: townhouses with common areas only that have an irrigation system on those areas, and associations of single family homeowners that have some specific areas that have upscale landscaping and the only way to water those is through a watering system they put in. He said it came out to be about $6.00 per household for an entire year, and he didn’t think such a cost implication would change their opinion on how the neighborhood looks. Duckstad asked if the State could turn us down if we get into a situation where we need permission of the DNR and the State to build another well. Dietz said they could and, as part of the permission we obtained for Well No. 16, we will have to submit our Comprehensive Guide Plan update showing a population increase. Duckstad asked Dietz if he felt at this point our water level availability is critical and at emergency need levels. Dietz said he did not want to be an alarmist and we are not out of water; however, we do need to be pro-active and be good stewards of what water we have left. MOTION: Butcher moved, seconded by Nelson, to adopt Resolution No. 2008- 42 amending the Fee Schedule for fees associated with Storm Water Utility, Water Utility and Wetland Services. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Duckstad moved, seconded by Nelson, 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 CITY COUNCIL MINUTES March 18, 2008 Page 12 A. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 11.70 RELATING TO DYNAMIC DISPLAYS (Tabled) Neal noted the Council discussed this item at the last Council meeting and tabled action on first reading of the new ordinance at that time. Staff communicated with the Council Members and came back with the proposal in tonight’s meeting packet. The proposal is the starting point for tonight’s discussion and is based on feedback having to do with where the signs could be, how large they could be and how frequently they could change. He noted dynamic displays are proposed to be permitted in the Town Center-Commercial areas, but not in the Town Center- Residential or Town Center-Mixed Use areas. Such displays would be permitted in the public areas. He said they took a look at what we have in the community and determined that allowing 35% of the sign area to be dynamic would allow everything that is already in place. The proposal states the time change could be once every 20 minutes, a standard that has been adopted by the cities of Bloomington and Minnetonka. Young asked how many existing signs in the City would be in violation if we passed the ordinance as it is currently proposed. Franzen said the time frame for the sign we have outside of City Hall would have to be changed as would the sign at Purgatory Creek Recreation Area. The signs at Walgreens and the gas stations are on a staff policy change of once every 24 hours. Neal said timing change is a fairly simple thing to do. Aho said he was okay with our plan to control the brightness and size, but he was less comfortable with the change frequency of 20 minutes. He thought there are signs like our City signs where it makes sense to have them change every eight seconds. We are hampering some of our ability to get information to our residents if we cut the change to 20 minutes. He didn’t think it would be a problem to leave the shorter frequency with some of the other controls we have in place. Butcher asked if there could be a two-tier system with public service announcements as one tier since the City signs seem to be the only ones changing more frequently. Rosow said no. Butcher said she was not comfortable with signs changing as frequently as every eight seconds. Young said he agreed with Council Member Aho. There are a lot of regulations of these signs, and he didn’t think there is as big a danger in this. There are benefits to some of these signs for our corporations, and he did not think there was anything magic about time frames. He said the most offending sign in the City is ours at Purgatory Creek Park, and he thought we have established a de facto standard there and should apply that standard to any other sign in the City. Nelson said she never liked the sign at Purgatory Creek Park, and she thought it goes way too fast. She thought it definitely would become a traffic hazard if we had multiple signs like that up and down Flying Cloud Drive. She thought 20 minutes is more than enough time to get the information out, and she was willing to go with 20 minutes as the frequency. Times will change and businesses will be more likely to take advantage of these. She thought signs that change all the time like those in a CITY COUNCIL MINUTES March 18, 2008 Page 13 town such as Orlando would definitely change the look of our town. Butcher thought it is important for us to have caution about the length of time. So far the standard is once every 24 hours for our businesses using this type of sign. She thought we should err on the side of being conservative. If we need to review it in the future in terms of being more flexible, we could do a reassessment in order to be less regulatory. Rosow said he talked to the Minnetonka City Attorney today about their litigation on this issue, and he asked them why they went to 20 minutes as a time change. They did that to be consistent with Bloomington, and it was more reasonable than what the court was allowing. The purpose behind moving away from the shorter time period was that people do watch for changes to occur. Rosow said he received a forwarded email this morning from the gentleman who is President of the Minnesota Sign Association and who spoke at the last Council meeting telling Mr. Franzen he believed we addressed their concerns except for the way we measure light intensity (nits) which he said would be difficult to measure. Rosow spoke to Minnetonka about why they do not measure nits, and they said it would take an expensive machine to do it that way so they have a more subjective way to measure nits. We would not purchase a machine to measure nits. We would require the machines to have self-adjusting mechanisms and, if a complaint occurred, we would have a consultant do that measurement. Young asked to what standard it would be self-adjusting. Franzen said there would be a range of light and the signs have a self-adjusting dimmer that adjusts to the light and is preset at the factory. Young asked how we would enforce the ordinance and if we would have to hire a consultant every time there was a complaint. Franzen said we would call the person who took out the sign permit, discuss it with them and have them measure it. It would only go to a consultant if there was a continuous violation and we needed professional documentation. He said that would be less expensive than paying for a measurement device. Young said he was uncomfortable with the idea that this is a better standard to have. Rosow said he thought the enforcement of something this technical requires a lot of common sense. The first time someone complains the City would work with the owner to educate us on how the sign is calibrated and show us the sign is properly calibrated. The owner would work with staff to determine if the complaint is valid. Young asked how much it would cost to hire a consultant if we wanted to pursue a violation. Franzen said he didn’t have that information. Young asked if there are consultants in the metropolitan area. Franzen said there are. Rosow said this is the method of enforcement that Bloomington chose. Nelson asked what method Edina uses. Franzen said they don’t have a dynamic sign ordinance. Young said if the sign association doesn’t have a problem with the 20 minute standard he was okay with that, but he didn’t like the whole measuring nits idea. CITY COUNCIL MINUTES March 18, 2008 Page 14 Aho asked what would be the problem with adopting the Minnetonka standard. Rosow said the subjective nature of their evaluation makes it more difficult to enforce. Young asked when Bloomington and Minnetonka passed their ordinances. Neal said in 2007. Young asked if we know what type of violation history they have had in the past year. Neal said he did not know. Young said he would like more information about this, and would like a better sense of how much it costs and how frequently we could expect it to occur. Nelson asked if there is any down side to waiting another two weeks. Neal said it will be almost a month because the next Council meeting is April 15. In terms of the down side, it would just be our reaction to an application filed between now and then. As an alternative, Rosow said we could adopt a first reading tonight and direct staff to come back at second reading with a report and alternative language regarding the enforcement. Young asked what that does for any application that comes in. Rosow said it just keeps the process moving along. Nelson asked if an application would have to wait until after the April 15 meeting. Rosow said it is difficult to apply before the new ordinance becomes effective. He said our ordinance as it currently exists does not allow any illuminated signs so this is a loosening up the ordinance to allow these signs. An application for an illuminated sign filed now would be denied because it would be a violation of the current ordinance. The consensus was to continue to table the matter until the next Council meeting. B. SECOND READING OF ORDINANCE AMENDING CITY CODE SECTION 11.70 RELATING TO DYNAMIC DISPLAYS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS 1. National League of Cities Conference – Council Member Aho Aho said he attended the National League of Cities Conference in Washington, D.C. with City Manager Neal and Fire Chief Esbenson. They met with all of our representatives at the federal level and discussed Eden Prairie and metropolitan area concerns with them. He said staff put together a very nice packet that was well received. The meetings with our Senators and Representatives were very worthwhile. 2. Letter Received from 4th District Administrator – Council Member Butcher CITY COUNCIL MINUTES March 18, 2008 Page 15 Butcher said she was concerned about the letter the Council received from Art Thompson, the 4th District Administrator, stating cuts made to the 4th District budget will result in closing two of three suburban courthouses, one at Southdale and one at Ridgedale. She was concerned about the impact on staff and residents. She would like to send a letter from the City Council or at least make contact with our State Senator and Representative to say we are not comfortable with the changes. Young thought a letter would be fine. He would like to highlight it in a positive light and talk about the importance of the Southdale Courthouse to our prosecutions and the cost impacts of such a move. Neal said this is a huge issue in terms of convenience for Eden Prairie citizens and it also impacts our Police Officers as they go to testify. Rosow said his firm’s prosecutor is also concerned about the impact on witnesses and advocacy groups. Young said since this issue affects us directly, he thought it is appropriate to comment on the matter. Neal said he will draft a letter and circulate it among the Council Members. Butcher said she is very worried about the wait times. She thought it will have a huge impact and it is our responsibility to act on behalf of the residents and staff. Nelson agreed. B. REPORT OF CITY MANAGER 1. Report on Federal Legislative Advocacy Trip Neal said they talked mainly about transportation issues in terms of road improvements and LRT and also about WAFTA. They sent follow-up letters to all the people they met with. He noted this was our last chance to meet with Congressman Ramstad in Washington, D.C. 2. Town Hall Meeting Neal said the Council approved a schedule of meetings for the year and set a Town Hall meeting for Tuesday, April 29, to be held in the Council Chamber. The Board of Appeals & Equalization has a statutory date that night and will be using the Council Chamber, so we need to look at a different date. He will look at the options and share those with the Council. 3. Commission Banquet Neal said the Commission banquet is Monday, April 28, and Congressman Ramstad will be the guest speaker. This is the 40th Anniversary of the Human Rights & Diversity Commission, so they will be the featured commission. CITY COUNCIL MINUTES March 18, 2008 Page 16 4. City Manager’s Annual Performance Review Neal said we contracted with Harry Brull from PDI over the last couple of years to do the performance review, and he could engage Mr. Brull if the Council would like to use him again. Butcher said Mr. Brull is a very professional resource and she didn’t see any reason for change. The other Council Members agreed. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY Rosow said we received a request from the developer of the Kinderberry project to have a slight amendment to the Developers Agreement. They discovered an error in a legal description and asked him if the Council could agree to the amendment tonight. MOTION: Butcher moved, seconded by Duckstad, to approve the amendment to the Kinderberry Developers Agreement. Motion carried 5-0. 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 9:10 PM. CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: April 15, 2008 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Art Center Task Force Report ITEM NO.: VII.A. Motion Move to: Accept the Art Center Task Force Report dated April 15, 2008, as presented and submitted by the Arts and Culture Commission. Synopsis In late 2007, the family of Roger Sampson approached City of Eden Prairie staff to offer a donation of a building that was once used by Roger Sampson as a private art center. At the January 22, 2008 City Council Meeting, the City Council directed the Arts and Culture Commission along with Parks and Recreation staff to research how to effectively operate a community arts center and make a recommendation back to the Council in sixty days. Arts and Culture Chair, Ann Rorem and Parks and Recreation staff will present the findings of the report and a summary of the recommendations. Background The Art Center Task Force was made up of members of the Arts and Culture Commission. The Task Force was supported by members of the Parks and Recreation Department and local architect Dan O’Brien. The Task Force met on the following dates: January 31 February 5 February 11 February 19 March 3 March 4 March 10 March 25 April 8 – Chair & City Staff April 14 The attached report provides background on the facility, identifies a potential mission and communication plan, provides comparative information about other metro-area art centers, and details the programming, staffing and budget that could be established for an Eden Prairie Art Center. The report also identifies potential funding sources to reduce / offset City costs. Attachment Task Force Report (hard copy) CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: April 15, 2008 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Sampson Property Donation ITEM NO.: VII.B. Motion Move to: Adopt the resolution accepting the donation of the Sampson building and property for use as an art center. Synopsis In late 2007, the family of Roger Sampson approached City of Eden Prairie staff to offer a donation of a building that was once used by Roger Sampson as a private art center. At the January 22, 2008 City Council Meeting, the City Council directed the Arts and Culture Commission along with Parks and Recreation staff to research how to effectively operate a community arts center and make a recommendation back to the Council in sixty days. The Arts Center Task Force completed a report which was attached to the previous agenda item. Background In 1995, Mr. Roger Sampson built the facility at 7650 Equitable Drive. Mr. Sampson used this facility as a retirement office and as a private art making center. After Mr. Sampson passed away, members of his family approached the City of Eden Prairie to offer the facility as a gift to be used for an Art Center (see Sampson Family Letter). The total building size is 5,400 square feet and is comprised of the following rooms: a two-car attached heated garage, a utilities room, a large multi-purpose room with a concrete floor and a large skylight, a small kitchen, a bathroom with a shower, a conference room, an office and an open area between the office and conference room. (See building plan for details and layout). A Phase I Environmental Site Assessment (ESA) was conducted by Wenck & Associates. The primary focus of the ESA was to determine whether any on-site operations, either present or historic, have caused or contributed to the release of hazardous substances or petroleum products to the environment. Additionally, the ESA requires the environmental professional to evaluate business environmental risk associated with the parcel that may ultimately necessitate investigation beyond that identified within the minimum scope of the practice. Special attention was also given to understanding whether the property may be affected by releases emanating from neighboring properties. Based on the revealed information, there were no recognized environmental concerns associated with the property. At the January 22, 2008 City Council Meeting, the City Council directed the Arts and Culture Commission along with Parks and Recreation Staff to research how to effectively operate a community arts center and make a recommendation back to the Council in sixty days. The Arts Center Task Force completed a report which was attached to the previous agenda item. Sampson Property Donation April 15, 2008 Page 2 In addition to accepting the Sampson building as a donation, the Arts and Culture Commission recommends adopting the recommendations and operating concepts contained in this report. The report provides recommendations and suggestions that were arrived at based on task force discussions, research and comparisons of other facilities. State law requires cities to accept gifts and donations through the adoption of a resolution. The attached resolution defines the terms and conditions for which the property would be accepted and used in the future. The intent of the Sampson Family has been to remain flexible and understanding of potential future unknowns. The resolution contains the following conditions: 1. The City accepts the donation of the Property with the understanding that the Grantor desires the Property to be used as an Art Center. 2. The City Council shall endeavor to use the Property as an Art Center for no less than seven (7) years. 3. The City’s use of the Property as an Art Center is subject to the City Council’s discretion to discontinue the use of the Property as an Art Center if, in the reasonable judgment of the City Council, it is no longer feasible, financially, operationally, or otherwise, for the City to operate and maintain the Property as an Art Center. 4. In the event the Property is sold, transferred, or otherwise conveyed by the City to another party, the City Council shall endeavor to use the proceeds from such transfer of the Property for arts related programming purposes of the City provided the City Council determines that it is not necessary to use the proceeds to fund other governmental functions. 5. It is the intention of the City Council to accept the donation of the Property and to use it as an Art Center, provided however and subject to retaining in the City Council the discretion to use the Property in a manner determined by the City Council to be in the best interest of the City and its citizens, including the sale of the Property and the use of the sale proceeds in a manner determined by the City Council to be in the best interest of the City and its citizens. Attachments Resolution Sampson Family Letter Marketing Packet Summary (hard copy) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008-__ A RESOLUTION ACCEPTING DONATION OF PROPERTY LEGALLY DESCRIBED AS THAT PART OF LOT 1, BLOCK 1, EDENVALE 23RD ADDITION, EMBRACED WITHIN THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 116, RANGE 22, HENNEPIN COUNTY, MINNESOTA FROM R.M. SAMPSON, INC. FOR USE AS AN ART CENTER WHEREAS, R.M. Sampson, Inc. and the family of R. M. Sampson has generously offered to the City the donation of the land and building located at 7667 Equitable Drive, Eden Prairie, Minnesota, 55344 for use as an art center. The land and building are legally described as “That part of Lot 1, Block 1, Edenvale 23rd Addition embraced within the east half of the Southwest Quarter of Section 10, Township 114, Ranger 22, Hennepin County, Minnesota” (hereinafter the “Property”); and WHEREAS, the City Council is appreciative of the offer to donate the Property to the City for use as an Art Center; and WHEREAS, the City Council determines by the Resolution to accept the donation of the Property for use as an arts center subject to the conditions set forth below: NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby accepts the donation of the Property subject to the conditions set forth below: 1. The City accepts the donation of the Property with the understanding that the Grantor desires the Property to be used as an Art Center. 2. The City Council shall endeavor to use the Property as an Art Center for no less than seven (7) years. 3. The City’s use of the Property as an Art Center is subject to the City Council’s discretion to discontinue the use of the Property as an Art Center if, in the reasonable judgment of the City Council, it is no longer feasible, financially, operationally, or otherwise, for the City to operate and maintain the Property as an Art Center. 4. In the event the Property is sold, transferred, or otherwise conveyed by the City to another party, the City Council shall endeavor to use the proceeds from such transfer of the Property for arts related programming purposes of the City provided the City Council determines that it is not necessary to use the proceeds to fund other governmental functions. 5. It is the intention of the City Council to accept the donation of the Property and to use it as an Art Center, provided however and subject to retaining in the City Council the discretion to use the Property in a manner determined by the City Council to be in the best interest of the City and its citizens, including the sale of the Property and the use of the sale proceeds in a manner determined by the City Council to be in the best interest of the City and its citizens. ADOPTED by the City Council on April 15, 2008. __________________________ Phil Young, Mayor ATTEST: __________________________ Kathleen Porta, City Clerk Warren Sampson 8141 Pennsylvania Circle - Bloomington, MN 55438 Mr. Scott H. Neal City Manager 8080 Mitchell Road Eden Prairie, MN 55438 January 15, 2008 Re: Donation of 7650 Equitable Drive to the City of Eden Prairie Dear Mr. Neal, It was a pleasure to meet you and the members of the Eden Prairie City Council at our building last month. You have a great team of people working to provide quality facilities for education and recreation for the citizens of Eden Prairie. Roger Sampson had a vision to build a studio where people would gather to learn new things and create beautiful works of art. To help to continue his vision and to share it with the community, the Sampson family respectfully offers the building and land located at 7650 Equitable Drive as a gift to the city of Eden Prairie for use as a community arts center. Please let us know what we can do to help you as you begin your decision making process. - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: April 15, 2008 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. Cigarette & Tobacco Products Holiday Stationstores, Inc DBA: Holiday Stationstore #402 8051 Flying Cloud Drive Gambling Organization: Eden Prairie Lions Club Event: Schooner Days (Bingo Tent) Place: EP Community Center Grounds Date: May 30 – June 1, 2008 Private Kennel Barb Mohs – 3 dogs Temporary Liquor Organization: Eden Prairie Lions Club Event: Schooner Days Date: May 30 – June 1, 2008 Place: Round Lake Park & EP Community Center Grounds Temporary Beer Organization: Eden Prairie Lions Club Event: Eden Prairie 4th of July Date: July 4, 2008 Place: Round Lake Park Organization: Eden Prairie Lions Club Event: Corn Feed Date: August 2, 2008 Place: Round Lake Park New Liquor (Wine) License Licensee name: KMB Ventures, Inc DBA: Umbria Gourmet Pizzeria 7922 Mitchell Road CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: April 15, 2008 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah Scott Kipp ITEM DESCRIPTION: Amendment to Ordinance 5-2008- PUD-5-2008 Presbyterian Homes Eden Prairie Redevelopment and Site Plan Resolution ITEM NO.: VIII.B. Requested Action Move to: • Approve 1st and 2nd reading of an ordinance amending Ordinance 5-2008-PUD-5-2008, by deleting the date “April 30, 2008” and replacing said date with the date “June 15, 2008”. • Adopt a Resolution amending Resolution 2008-31 for Site Plan Review by deleting the date “April 30, 2008” and replacing said date with the date “June 15, 2008”. Synopsis This is an Amendment to the Ordinance approving the Project and Development Agreement and the Resolution approving the Site Plan Review. The original Ordinance and original Resolution were contingent upon receipt by the City of a fully-executed and acknowledged Development Agreement no later than April 30, 2008. The parties to the Agreement request that the date be amended to June 15, 2008. Background Presbyterian Homes Housing and Assisted Living, Inc. (PHHAL) has signed the Agreement. 605 Prairie Center Drive, LLC (605) and Jack Lehtinen and Carolyn Lehtinen (Lehtinen) have not signed the Agreement. The closing on the sale from of a portion of the property to Lehtinen and 605 has been delayed in order to complete a proceeding subsequent in Hennepin County District Court. This proceeding subsequent is necessary to remove from the Certificate of Title to the property the mention of the right of reverter of the property to the State of Minnesota. 605 and Lehtinen are to execute the Agreement at the closing of their purchase from PHHAL. Attachments 1. Ordinance for PUD District Review 2. Resolution for Site Plan Review 3. Summary Ordinance PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2008-___ AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING ORDINANCE NO. 5-2008-PUD-5-2008 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. Ordinance No. 5-2008-PUD-5-2008 is amended by deleting reference to April 30, 2008 and inserting in its place the date “June 15, 2008.” FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 15th day of April 2008, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 15th day of April, 2008. ATTEST: __________________________________ ___________________________________ Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on _______________________________. PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008-____ A RESOLUTION AMEDNING RESOLUTION NO: 2008-31 GRANTING SITE PLAN APPROVAL FOR PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING, INC. WHEREAS, on March 4, 2008 the City Council adopted Resolution No. 2008-31 which established the date of April 30, 2008 for receipt by the City and filing with the Registrar of Titles or County Recorder as applicable by the Developer of a fully-executed and acknowledged “Presbyterian Homes Eden Prairie Redevelopment Development Agreement” dated March 4, 2008 between Presbyterian Homes Housing and Assisted Living, Inc., 605 Prairie Center Drive, LLC and Jack Lehtinen and Carolyn Lehtinen, and the City of Eden Prairie; and WHEREAS, the parties to the Development Agreement have requested that the City extend the date of April 30, 2008 to June 15, 2008 to allow time for completion of a Proceeding Subsequent in Hennepin County District Court and approval and filing of the final plat for Castle Ridge 2nd Addition. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, the date of April 30, 2008 set forth in Resolution No. 2008-31 is hereby amended to the date of June 15, 2008. ADOPTED by the City Council of the City of Eden Prairie this 15th day of April, 2008. _______________________ Phil Young, Mayor ATTEST: ________________________ Kathleen Porta, City Clerk PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING ORDINANCE NO. 5-2008-PUD-5-2008 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends Ordinance 5-2008-PUD-5-2008 by deleting reference to April 30, 2008 and inserting in its place the date June 15, 2008. Effective Date: This Ordinance shall take effect upon publication. ATTEST: _____________________________ _____________________________ Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on__________________, 2008. (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: April 15, 2008 DEPARTMENT/DIVISION: Rick Wahlen Public Works/Utilities ITEM DESCRIPTION: Approve Construction Contract with Bergerson-Caswell to upgrade Municipal Well No. 9 ITEM NO.: VIII.C. Requested Action Move to: Approve contract with Bergerson-Caswell, Inc., to remove the pump equipment from Well No. 9, install a larger motor and additional well pipe, and improve the performance for summer water demand. Synopsis The City of Eden Prairie Utilities Division obtained proposals from multiple regional well drillers for the improvement of water flow from Municipal Well No. 9 in the northern-half of the city. The least-cost proposal, and the most professionally prepared project submittal was offered by Bergerson-Caswell, Inc. Staff recommends acceptance of the proposal in the amount of $45,990 to be paid from the water utility construction fund. Background Information Municipal Well No. 9 was installed in 1987 and provided a sustained pumping rate of 1500 gallons of water per minute. Over time as additional wells were added, and more and more water was withdrawn from the aquifer, the performance of the well began to diminish. All of the city wells have been inspected and/or redeveloped on a 5-year rotation schedule, yet Well No. 9 has been declining in performance in spite of the ongoing maintenance as a result of the change in water levels in our groundwater source – the Jordan Aquifer. To evaluate our options for improving the performance of the well, we consulted with St. Croix Environmental and Advanced Engineering and Environmental Services, who prepared a well- flow restoration plan, which includes adding addition pipe to deepen the well pump, installing a larger electric motor, and installing a faster, higher pressure pump in the well. Upon distributing the specifications to six qualified municipal well contractors, we received three competitive proposals back, the most favorable of which was from Bergerson-Caswell, Inc. Attachment • Form of Contract with Bergerson-Caswell • Proposal Tabulation Sheet 'swel( _ FORM OF CONTRACT THIS AGREEMENT, made and executed this day of 200 2', by and bemeen City of Eden Prairie hereinafter referred to as th6 "CITY", and hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agree;s to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Depaitment referred to in Paragraph IV, as provided by the CITY for: CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document 1.11, CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer, The aggregate sum of such prices, based on estimated required quantities is estimated to be $ III. Payments to CONTRACTOR by City shall be made as provided in the Contact Documents, IV, The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal d. Contract Agreement C. Contractor's Performance Bond f. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions By ,r C-V/Vi ctrlin ,381 And .J4J/L 'Alajn/Ti Adm;jii.smi-1,41d (5) Plans (6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplatcd by this Agreement in accordance with the following schedulel or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MN. By Its City Mayor And Its City Manager CONTRACTOR In Presence Of .-Jr.Scy -) ui plc FC-2 Mobilization/Demobilization Well Motor/Pump Removal Well Redevelopment and Sandstone Removal Well Development (Compressed Air/Surging) Unit Price/Hour Estimated Cost (40 Hours) Well Development (Blasting) Unit Price/Pound Estimated Cost (40 Pounds) Sand Removal Test Pumping Sand Content Tests Unit Price/Hour Estimated Cost (4 Hours) Unit Price/Test Estimated Cost (2 Tests) Unit Price/Cubic Yard Estimated Cost (25 Cubic Yards) Color Video Pump Inspection and Repair Installation 12-inch Column Pipe - Unit Price/Foot 1-11/16 inch Line Shaft - Unit Price/Foot 1-1/2 inch PVC Stilling Tube - Unit Price/Foot Neoprene Bearings - Unit Price/Bearing Packing Box Bearing Replacement - Unit Price HD shaft- Unit Price Weil and Pump Disinfection Demonstration Testing Unit Price/Hour Estimated Cost (6 Hours) Estimated Total Completion Date Without Development City of Eden Prairie Well 09 Rehabilitation Project Proposal Cost Comparison . Direct Bernerson Comparison Traut . . Renner Reduced Units Comparison Beroerson2 TraUt2 Renner2 Bergerson Alternate .. $ 9,000.00 i $ 3 ;200.00 $:12,000.00 . $ 9,000.00 . $. 310000 $ :12,000.00 . $ 9,000.00 $ 2;500.00 $ 6,000.00 $ 3,500.00 $ . 2,500.00 $ 6,000.00 $ 3,500.00 $ : 2,500.00 $ 240.00 $ 300.00 $ 150.00 $ 240.00 $ 300.00 $ 150.00 $ 240.00 $ 9,600.00 $ 12,000.00 $ 6,000.00 $ 3,840.00 $ 4,800.00 $ 2,400.00 $ 3,840.00 $ 35.00 $ 25.00 $ 30.00 $ 35.00 $ 25.00 $ 30.00 $ 35.00 $ 1,400.00 $ 1,000.00 $ 1,200.00 $ 700.00 $ 500.00 $ 600.00 $ 700.00 $ 150,00 $ 100.00 $ 260.00 $ 150.00 $ 100.00 $ 260,00 $ 150.00 $ 3,750.00 $ 2,500.00 $ 6,500.00 $ 3,750.00 $ 2,500.00 $ 6,500.00 $ 3,750.00 $ 150.00 $ 185.00 $ 150.00 $ 185.00 $ 150.00 $ 600.00 $ 740.00 $ 5,615.00 $ 600.00 $ 740.00 $ 5,615.00 $ 600.00 $ 150.00 $ 175.00 $ 50.00 $ 150.00 $ 175.00 $ 50.00 $ 150.00 $ 300.00 $ 350.00 $ 100.00 $ 300.00 $ 350.00 $ 100.00 $ 300.00 $ 1,200.00 $ 1,400.00 $ 1,500.00 $ 1,200.00 $ 1,400.00 $ 1,500.00 $ 1,200.00 $i i 750:00 $ 1,500.00 $ 300.00 $ : 750.00 $ : 1.500.00 •$: 00.00 $ :750.00 $ 32,500.00 $ 56500.00 $ 32379.00 $ 32,60000 $ 00,50000 $ 32,37.0.00 $ 22,20000 i$' ::290.00 $ 270.00 $ : 26010 $:: 290.00 , $ 27000 $ :200.10:: ::$ : : 290.:00 :$ 47:.00 $ 6000 $:: , :0420 , $ 4700 $ :5000. $: 3410 $ 47.00 $ 2.00 $: 2.75: $ :,200 $ I 27 , :200 26.00 $: : : 28.00 : $ 25.00 $ 2800 :$ :: :: 2500: :$ :20000 $: 350.00 ' $ ' 130.00: 20000 $ ::350.00 $: 130,00 200.00 65000 $ 47.0.2V:$ 300.00 :650,00 :$ .475,00 $:: : 35000 660.00 25000 $ 275.00 : 250.00 $ 276.00 250.00 150.00 $ : 175.00 150.00 $ 175.00 S 15000 $ 900.00 $ 1000.00 $: 200.00 $ 900.00 :$ 1.050,00 $ 200.00 $" 900.00 $:02;750;00 s:,86010.00 :: $:00294.00: :$60;200.00 :is :J:70;016.00: $:06,004:00 : :$ 46;990:00;.:: May 30th June 30th July 1st May 30th June 30th July 1st May 30th ,:$:45;150.00 :$:67 .025.00 : $ 48,079,00: .$ 45,150.00 .$.670250O $ 48,079.00 $ 34,850.00 CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: April 15, 2008 DEPARTMENT/DIVISION: Rick Wahlen Public Works/Utilities ITEM DESCRIPTION: Approve Professional Services Agreement with TKDA for Replacement or Relining of W 78th St. Water Main ITEM NO.: VIII.D. Requested Action Move to: Approve agreement with TKDA Engineers, Architects, and Planners to prepare contract documents, plans and specifications for both the installation of a plastic liner into the unreliable West 78th Street water main, and for the replacement of the water main via directional drilling methods. Synopsis Approximately 1,000 feet of the 12-inch diameter water main along the south side of West 78th Street near Prairie Center Drive is being considered for long-term repair via plastic slip-lining of the existing water main, or by abandoning the problematic portion of the existing unreliable pipe and directionally drilling a replacement plastic pipe. Engineering costs of this project are $24,800 funded by the water utility construction fund. Background Information The section of West 78th Street water main passing through the swampy area immediately east of the intersection of Prairie Center Drive and W 78th Street has been repaired a total of 6 times since it was installed in the 1970s. The 12-inch ductile iron pipe was emplaced in a bed of highly corrosive or hot soils, subsequently resulting in 6 successive pipe failures due to external pipe corrosion. The last two failures occurred within a few feet of one another, and each corrosion pit was large enough to pass a baseball through the pipe wall. The frequency of these failures is increasing, and the amount of time between each break is diminishing. These factors indicate that more and more pipe failures can be expected in this segment of water main as time goes on. Each repair of this nature costs the City of Eden Prairie approximately double the cost of main-breaks in more stable right-of-way land, due to the construction methods required to access the site and excavate in the saturated swamp land. Replacing the bad pipe in some manner is the best way to assure continual long-term service to our public. TKDA approached the City of Eden Prairie, inviting us to participate in a metro-wide pipe relining project in order to minimize the cost to each participating city. Staff recommends engaging TKDA to design the project and attempt to take advantage of the economies of such a regional project to resolve this problem correctly. Attachment • Standard Agreement for Professional Services with TKDA Rev. 03-21-2008 Standard Agreement for Professional Services This Agreement is made on the 21st day of March , 2008, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and TKDA Engineers, Architects, Planners; a Minnesota Corporation (hereinafter "Consultant") whose business address is 444 Cedar Street, Suite 1500, Saint Paul, MN 55101-2140. 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 relining or replacement of a section of the West 78 th Street water main 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 March 21, 2008 , through June 1, 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 $ 24,800 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 perform the following services: 1 Rev. 03-21-2008 A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. 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 Bernie Bullert and Cara Geheren 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 2 Rev. 03-21-2008 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 like kind. 8. Audit Disclosure. 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 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. 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 of the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 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 3 Rev. 03-21-2008 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. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverage's and limits of liability specified in this Paragraph, or required by law. This policy(ies) shall name the City as an additional insured for the services provided under 4 Rev. 03-21-2008 this Agreement and shall provide that the Consultant's coverage shall be the primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and Limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability Commercial Liability $500,000 each accident $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. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CA 00 01, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations Property Damage coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. c. Personal injury with Employment Exclusion (if any) deleted. d. Standard ISO CG0001 0196 Contractual Liability coverage, or its equivalent, and a Separation of Insureds clause. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s) on ISO form CF 20 10 11 85, or its equivalent, naming "the City of Eden Prairie." Additional insured coverage under a July 2004 or later edition of said ISO form is not acceptable. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Workers' Compensation 5 Rev. 03-21-2008 insurance is provided through a state fund if Employer's liability coverage is not available. i. Incidental Malpractice, Host Liquor Liability, and Blanket Contractual Liability insurance applicable to the Consultant's performance under this Agreement. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as the Consultant, if such legal liability is caused by 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. Said policy shall not name the City as an additional insured. E. Consultant shall maintain in effect all insurance coverages required under this Paragraph 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. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All policies, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be on a "per project" basis; c. All policies, except the Professional Liability Insurance and Workers Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and All policies shall contain a provision that coverages afforded there under shall not be canceled or non-renewed or restrictive modifications added, without thirty (30) days prior written notice to the City. A copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable, which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City not less than thirty (30) days prior to the expiration 6 Rev. O3-21-2008 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. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. 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. Use 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. 22. 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 7 Rev. 03-21-2008 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. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. 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. 25. Counterparts. This Agreement may be executed in multiple counterparts each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager TKDA 8 TKDA ENGINEERS - ARCRITECTS PLANNERS 444 Cedar Street, SW1e 1500 Saint Paul, MN 55101-2140 (651) 252-4400 (651) 292.0083 Fax www.tkda.cfun March 7, 2008 EXHIBIT A Mr. Rick Wahlen Utility Division City of Eden Prairie 14100 Technology Drive Eden Prairie, Minnesota 55344-2260 Re: Revised Proposal for Engineering Services 2008 Watermain Lining Project Dear Mr. Wahlen: Pursuant to communications with you, we are pleased to submit this Proposal to provide Engineering Services for the 2008 Watermain Lining Project. Our services will be provided in the manner described in this Proposal. Hereinafter, the City of Eden Prairie is referred to as the OWNER. PROJECT DESCRIPTION This Project includes the preparation of Contract Documents, including plans and specifications, in connection with the 2008 Watermain Lining Project in the City of Eden Prairie, Minnesota. This Project includes the installation of a polyester-reinforced polyethylene structural liner into an older existing waterrnain or the installation of a new watermain by the directional drill method. The location included in the Project is: o 12" Watermain on West 78th Street, from Eden Prairie Drive to the East Approximately 1,000 feet TKDA will coordinate the work for this Project to be concurrently bid and constructed together with the watermain lining work from several cities in an effort to lower the overall construction costs through an economy of scale. II. SERVICES TO BE PROVIDED BY TKDA Based on TKDA'S understanding of the Project, we propose to provide the following services: A. DESIGN PHASE I. In consultation with the OWNER confirm the general scope, extent, and character of the Project. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Mr. Rick Wahlen City of Eden Prairie Revised Proposal for Engineering Services - 2008 Waterrnain Lining Project March 7, 2008 Page 2 "). Hold a Kick-off Meeting to review the Project area drawings with the OWNER and to verify all crosses, tees, hydrant branches, service connections, and the limits of construction. 3. Verify any unique concerns of the Project and discuss the steps and schedule including: a. Resident notification (OWNER will send actual notices) b. Temporary house connections, disinfection issues, metering issues, and curb stop concerns/locations c. Traffic and parking concerns d. Street repair requirements e. Excavation and shoring requirements f. Replacement of main valves, hydrant valves, and service valves g. Verify all connections on mains, including potential abandoned connections h. Define contractor responsibilities and OWNER responsibilities during construction Discuss and define coordination issues J. Permitting requirements, if any k. Sedimentation control issues 4. Conduct field surveys at proposed excavation sites. Up to 28 hours survey crew time for surveying the Project area is included. Additional survey time required shall be Additional Services. 5. Advise the OWNER as to the necessity of the OWNER providing or obtaining data or services from others, and act as the OWNER's representative in connection with any such services. 6. Prepare for incorporation into the Contract Documents final plans and specifications setting forth in detail the requirements for the construction of the Project. 7. Assist the OWNER in connection with their responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 8. Prepare and furnish an opinion of probable construction costs based on the plans and specifications. Mr. Rick Wahlen City of Eden Prairie Revised Proposal for Engineering Services - 2008 Watermain Lining Project March 7, 2008 Page 3 9. The Project will be bid and constructed under one construction contract. Prepare for review and approval by the OWNER, their legal counsel and other advisors contract agreement forms, general conditions, supplementary conditions, bid forms, invitations to bid and instructions to bidders, and assist in the preparation of other related documents for each construction package. 10. Identify for the OWNER, their legal counsel and other advisors the necessary easements and right-of-way to construction the Project, based upon property, easement, and right-of-way surveys provided by the OWNER. 11. Furnish five sets of the documents specified in SECTION II.A.9 to the OWNER. Conduct a final review meeting with the OWNER and make minor revisions and adjustments. B. BEDDING PHASE 1. Coordinate the bidding dates to occur on the same day for each of the lining projects from the various cities. 9. Reproduce final bidding documents and related contract forms for bidding and construction purposes. 3. Prepare an advertisement for bids to be submitted by the OWNER for publication. 4. Assist the OWNER in obtaining bids for one construction contract. 5. Prepare tabulation of bids received. 6. Assist the OWNER in evaluating the bids and in assembling and awarding the construction contracts. III. ADDITIONAL SERVICES If authorized by you, we will furnish or obtain from others Additional Services of the types listed below, which are not considered as basic services under this Proposal. Additional Services shall be billable on an Hourly Rate basis and such billings shall be over and above any maximum amounts set forth in this Proposal. A. Investigations of existing conditions or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by the OWNER and/or utility companies. B. Services resulting from significant changes in extent of the Project or its design including, but not limited to, changes in size, complexity, the OWNER's schedule, or character of construction or methods of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are due to causes beyond TKDA's control. Mr. Rick Wahlen City of Eden Prairie Revised Proposal for Engineering Services - 2008 Watermain Lining Project March 7, 2008 Page 4 C. Services in connection with change orders provided such change orders are required by causes not solely within the control of TKDA; services after the award of each contract in evaluating substitutions proposed by the contractor(s); and in making revisions to plans and specifications occasioned thereby, and services resulting from significant delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortages. D. Preparing for OWNER, on request, a set of reproducible record prints of plans showing those changes made during the construction process, based on the marked-up prints, drawings and other data furnished by the contractor(s) to TKDA and which TKDA considers significant. E. Construction Phase services, including: 1. Construction Contract Administration a. Consult with and advise the OWNER and act as the OWNER's representative as provided in the Contract Documents. b. Attend and assist the OWNER with a pre-construction conference to be attended by the contractor, OWNER, and others as may be requested by the OWNER. c. Coordination with participating cities. d. Make visits to the site at intervals appropriate to the various stages of construction to observe as an experienced and qualified design professional, the progress and quality of the executed work of the contractor and to determine in general if such work is proceeding in accordance with the Contract Documents. e. Review and approve (or take other appropriate action with respect to) Shop Drawings (as that term is defined in the Contract Documents), samples, and other data which contractor is required to submit, but only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. Such reviews and approvals or other action shall not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. f. Issue all instructions of the OWNER to the contractor; issue necessary interpretations and clarifications of the Contract Documents and in connection therewith, prepare change orders as required; have authority, as the OWNER's representative, to require special inspection or testing of the work. Mr. Rick Wahlen City of Eden Prairie Revised Proposal for Engineering Services - 2008 Waterrnain Lining Project March 7, 2008 Page 5 g. Based on TKDA's periodic on-site observations as an experienced and qualified design professional, determine payments to the contractor in such amounts; such recommendations of payment will constitute a representation to the OWNER, based on such observations and review, that the work has progressed to the point indicated, that, to the best of TKDA's knowledge, information and belief, the quality of such work is in accordance with the Contract Documents. h. Conduct an inspection to determine if the Project is substantially complete and a final inspection to determine if the work appears to have been completed in accordance with the Contract Documents and if the contractor has fulfilled all of his obligations thereunder, so that TKDA may recommend, in writing, final payment to the contractor and may give written notice to the OWNER and the contractor that the work is acceptable (subject to any conditions therein expressed). TKDA shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work, for acts or omissions of the contractor, subcontractors, or any other persons performing any of the work, or for the failure of any of them to carry out the work in accordance with the Contract Documents. Construction Observation Services In addition to the above, TKDA shall provide the services of a Resident Project Representative (and assistants as agreed) at the site to assist TKDA and to provide more continuous observation of the contractor(s) work. These services shall be provided on an Hourly Rate basis for the actual time expended and will be provided at the request of the OWNER for the construction activities deemed necessary to be observed by the OWNER. The Resident Project Representative (and any assistants) will be TKDA's agent or employee and under TKDA's supervision. Resident Project Representative's dealings in matters pertaining to the on-site work shall in general be only with TKDA and the contractor, and dealings with subcontractors shall only be through or with full knowledge of the contractor. Written communication with the OWNER will be only through or as directed by TKDA. Through the observations of the work in progress and field checks of materials and equipment by the Resident Project Representative, TKDA shall endeavor to provide further protection for the OWNER against defects and deficiencies in the work of the contractor; but the furnishing of such resident Project representation will not make TKDA responsible for construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or for contractor's failure to perform his work in accordance with the Contract Documents. Mr. Rick Wahlen City of Eden Prairie Revised Proposal for Engineering Services - 2008 Watermain Lining Project March 7, 2008 Page 6 IV. OWNER'S RESPONSIBILITIES The OWNER'S responsibilities shall be as described or clarified hereinbelow: A. Designate one individual to act as the OWNER'S representative with respect to the work to be performed, and such person shall have complete authority to transmit instructions, receive information, interpret and define policies, and make decisions with respect to critical elements pertinent to the Project. B. Geotechnical/Subsurface Investigations: The OWNER shall contract directly with a qualified geotechnical consultant for necessary soil borings, laboratory tests, or other geotechnical services. The geotechnical consultant shall be acceptable to both the OWNER and TKDA. C. Property. Easement. or Right-of-Way Surveys: The OWNER shall contract directly with a Registered Land Surveyor to establish or locate necessary property, boundary, easement, or right-of-way monuments or lines, and/or to prepare legal descriptions. D. Easement and Right-of-Wav Acquisition Services including Appraisals and Property Owner Negotiations: The OWNER shall contract directly as necessary to obtain appraisals and to negotiate necessary property easements or right-of-way acquisitions. E. Wetland Delineation and Mitigation Services: The OWNER shall contract directly with a qualified consultant as necessary for any wetland delineations and the preparation of any wetland mitigation plans. F. Provide any related data as requested. G. Provide electronic files of as-built drawings of waterrnains included in the Project. H. Send all resident notifications. I. Have appropriate staff available as needed for workshops and meetings. J. Provide construction services as agreed upon and defined in the bid specifications. V. PERIOD OF SERVICE We would expect to start our services promptly on receipt of your acceptance of this Proposal and complete SECTION II services by June 1, 2008. Sin William E. Deitner, P. CEO Mr. Rick Wahlen City of Eden Prairie Revised Proposal for Engineering Services - 2008 Watermain Lining Project March 7, 2008 Page 7 VI. COMPENSATION Compensation to TKDA for services provided as described in SECTION II of this Proposal shall be on an Hourly Rate basis for an estimated amount of $24,800. Our Project Fee Estimate is attached. VII. CONTRACTUAL INTENT We thank you for the opportunity to submit this Proposal. We are willing to execute a mutually acceptable City Standard Agreement for Professional Services that incorporates that this letter and attachments. This Proposal will be open for acceptance for 60 days, unless the provisions herein are changed by us in writing prior to that time. If you require additional information or have questions regarding this Proposal, please contact Bernie Bullert at (651) 292-4621. Bernie R. Bullert, P.E. Project Manager WED:BRB:adh ATTACHMENTS: SCHEDULE 2850-M85 PROJECT FEE ESTIMATE TOLTZ, KING, DUVALL, ANDERSON ST. PAUL, MINNESOTA AND ASSOCIATES, INCORPORATED ENGINEERS • ARCHITECTS PLANNERS JANUARY 1, 2008 SCHEDULE OF BILLING RATES Municipal Services Division Employee Classification t Range of Hourly Billing Rates* Senior Registered Engineer Registered Engineer Graduate Engineer Senior Planner Planner Engineering Specialist II Engineering Specialist Technician HI Technician ll Technician I $115.00 $ 78.00 $ 55.00 $100.00 $ 85.00 $ 72.00 $ 45.00 $ 30.00 to $164.00 to $118.00 to $ 82.00 to $120.00 to $110.00 to $ 95.00 ** to $ 72.00 ** to $ 52.00 ** $100.00 to $126.00 $ 50.00 to $ 80.00 Hourly billing rates for staff outside the Municipal Services Division will be billed at a 2.85 multiplier. In addition to the hourly charges, TKDA shall be reimbursed at cost for the following direct expenses when incurred in the performance of the work: 1. Travel and subsistence: Vehicle Mileage Current IRS Standard Rate per mile. Vehicle Allowance (Resident Construction Services Only) $10.00! Day Vehicle Allowance (Survey Crew Only) $14.00! Day Outside professional and technical services with costs defined as the amount billed TKDA plus 10%. 3. Identifiable reproduction and reprographic costs. * Rates effective until December 31, 2008. ** For hours worked over 40 hours per week individuals will be paid one and one-half times the above rates. Schedule 2850-M85 146: 115:.: go 65 211 52 A. DESIGN PHASE 1 Confirm Project/Project Management 2 Kick-off Meeting 3 Verify Unique Concerns of Project 4 Conduct Field Surveys Map Survey 5 Outside Services Utility Locale Coordinate Soil Boring 6 Design Plans and Specs 7 Assist with Obtaining Approvals 8 Opinion of Probable Construction Costs 9 Prepare Contract Documents 10 Identify Easement and Right-of-Way Needs 11 Review Meeting B. BIDDING PHASE 1 Coordinate Bidding Dates 2 Reproduce Bidding Documents 3 Prepare Advertisement for Bids 4 Assist with Obtaining Bids 5 Prepare Bid Tabulation 6 Evaluation of Bids/Construction Contracts 8 4 4 2 4 4 14 24 2 2 2 4 2 1 2 2 Total Person Hours 49 36 7,252 4,140 28 28 8 4 90 26 16 10 4 8 2 8 8 18 2 1 2 2 2 34 2 38 28 2 31 216 200 100 24,742 24,800 Travel & Subslater= (TS) Miscellaneous 1M1) Total Total Rounded 16 4 4 3,060 $ 2,470 $ 5,908 $ 1,612 5 24,442 Expenses: Estimated Parson Hours Required Spec Grad Survey Crew Tech Sr Reg TKDA Project Fee Estimate Client: City of Eden Prairie Date: 3/7/2008 12008 Watermain Lining Project Prepared By: ERB CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: April 15, 2008 DEPARTMENT/DIVISION: Sue Kotchevar, Office of the City Manager/Finance ITEM DESCRIPTION: Approve 2008 General Fund Budget Adjustment ITEM NO.: VIII.E. Requested Action Move to: Increase 2008 General Fund Budget by $182,136 for information technology capital charges and $685,048 for fleet services capital charges. Synopsis As part of the implementation of internal service funds for information technology and fleet services, the general fund will now be charged for the capital costs of these services which were previously paid out of capital project funds. This budget adjustment will not change the amount the City spends. It will improve cost allocation and reduce the amount spent in the general government category for Fire, Police, Parks and Recreation, etc. CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: April 15, 2008 DEPARTMENT/DIVISION: Sue Kotchevar, Office of the City Manager ITEM DESCRIPTION: Resolution for reimbursement of prior expenditures ITEM NO.: VIII.F. Requested Action Move to: Adopt Resolution declaring the City’s official intent to reimburse itself for prior expenditures out of the proceeds of a subsequently issued series of bonds. Synopsis IRS regulations require that a City make a declaration of its official intent to reimburse itself for prior expenditures out of the proceeds of a subsequently issued series of bonds and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. With this resolution, the City is declaring their intent to issue bonds to finance the purchase of energy improvement. The resolution indicates the maximum amount of bonds expected to be issued for the project is $900,000. The Council can issue any amount of bonds less than this amount. Attachments Resolution -1- CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008 - RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the “City”), as follows: 1. Recitals. (a) The Internal Revenue Service has issued Section 1.150-2 of the Income Tax Regulations (the “Regulations”) dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the date of issuance. (b) The Regulations generally require that the City make a declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued series of bonds within 60 days after payment of the expenditures, that the bonds be issued and the reimbursement allocation be made from the proceeds of such bonds within the reimbursement period (as defined in the Regulations), and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. (c) The City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified. 2. Official Intent Declaration. (a) The City proposes to undertake the following project or projects and to make original expenditures with respect thereto prior to the issuance of reimbursement bonds, and reasonably expects to issue reimbursement bonds for such project or projects in the maximum principal amounts shown below: Project Maximum Amount of Bonds Expected to be Issued for Project Energy Improvements $900,000 -2- (b) Other than (i) de minimis amounts permitted to be reimbursed pursuant to Section 1.150-2(f)(1) of the Regulations or (ii) expenditures constituting preliminary expenditures as defined in Section 1.150-2(f)(2) of the Regulations, the City will not seek reimbursement for any original expenditures with respect to the foregoing projects paid more than 60 days prior to the date of adoption of this resolution. All original expenditures for which reimbursement is sought will be capital expenditures or costs of issuance of the reimbursement bonds. 3. Budgetary Matters. As of the date hereof, there are no City funds reserved, pledged, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved, pledged, allocated on a long term basis or otherwise set aside) to provide permanent financing for the original expenditures related to the projects, other than pursuant to the issuance of the reimbursement bonds. Consequently, it is not expected that the issuance of the reimbursement bonds will result in the creation of any replacement proceeds. 4. Reimbursement Allocations. The City’s financial officer shall be responsible for making the “reimbursement allocations” described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the reimbursement bonds to reimburse the source of temporary financing used by the City to make payment of the original expenditures relating to the projects. Each reimbursement allocation shall be made within 30 days of the date of issuance of the reimbursement bonds, shall be evidenced by an entry on the official books and records of the City maintained for the reimbursement bonds and shall specifically identify the original expenditures being reimbursed. ADOPTED by the City Council of the City of Eden Prairie this 15th day of April, 2008. _______________________ Phil Young, Mayor ATTEST: ______________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: April 15, 2008 DEPARTMENT/DIVISION: Sue Kotchevar, Office of the City Manager/Finance ITEM DESCRIPTION: Accept 2007 General Fund Financial Results and Approve Fund Transfers ITEM NO.: VIII.G. Requested Action Move to: Accept 2007 General Fund financial results and approve fund transfers. Synopsis As part of the audit of the City’s financial statements, the year-end financial results are summarized and reported to the City council. The City Council acceptance of the General Fund financial results is a recommended practice by the City’s auditors. Attachments Memo Transfer Schedule MEMORANDUM TO: Mayor and City Council Scott Neal, City Manager FROM: Sue Kotchevar, Finance Manager DATE: April 15, 2007 SUBJECT: 2007 General Fund Financial Results As part of the final process for the financial statements and audit, Finance staff reviews general fund financial results with the council and recommends any changes to budgeted transfers. The general fund had positive operating results in 2007 and the net change in fund balance is $458,712. The table below reflects the changes to the City’s general fund reserved and designated fund balances. An explanation of each of the balances is summarized below. Fund balance: 12/31/2006 12/31/2007 Difference Reserved Encumbrances $ 827,705 $206,415 $(621,290) Prepaid items 125,365 47,539 (77,826) Interfund loan 192,223 0 (192,223) Unreserved – designated Budget stabilization 5,364,093 5,937,104 573,011 Working capital 12,678,306 13,455,346 777,040 Total fund balance $ 19,187,692 $19,646,404 $458,712 Reserve Balances The amounts reserved in the general fund are amounts set aside for a specific purpose. The City is either obligated to pay these amounts in the future or the amounts are not currently available. Reserved for encumbrances represents amounts authorized by the City Manager for divisions to spend the next calendar year. The significant decrease in this line item is mainly attributable to a decrease for information technology projects. For 2008, information technology was moved to an internal service funds and these projects will be managed in that fund. The interfund loan decreased because liquor operations will fully repay the loan in 2008. Unreserved - designated The unreserved fund balance consists of the budget stabilization balance and the working capital balance. Budget Stabilization In compliance with council policy, $5,437,104 was maintained for budget stabilization which is 15% of the 2008 budget. An additional $500,000 was designated to pay for the planned use of the budget stabilization balance for the 2008 and 2009 budgets. Working Capital In compliance with council policy, 50% of the next year’s tax levy or $13,455,346 is designated for working capital. This amount represents the amount needed to fund operations the first six months of the year. The City receives a tax settlement in December that funds operations until the next settlement in June of the next year. Additional Transfers $820,112 was transferred from the general fund to the capital improvement fund and $430,000 was transferred from the general fund to the newly created information technology internal service fund. A schedule of other unbudgeted transfers made from other funds is attached. Conclusion The general fund had positive operating results in 2007 and the City maintains a strong financial position that continues to provide stability and flexibility for general fund operations. A formal presentation on the City’s audit report will be made at either the May 6th or May 20th council meeting from Malloy, Montague, Karnowski, Radosevich, & Co., PA., the audit firm hired by the City. Also, Finance will issue a quarterly report for 12/31/07 to provide more detail on 2007 financial results. City of Eden PrairieTransfer Schedule12/31/07Transfer TransferIn Out Amount ExplanationOtherCapital Improvement Fund General Fund 820,112 Transfer of excess fund balance above the 15% as stated in fund balance policyOpening/Closing FundCapital Improvement Fund G.O. Cert. Of Indebt-2002B 28,658 Close debt fund for Aerial Ladder Truck to the CIPIT Internal Service Fund General Fund 430,000 Transfer to the new Information Technology Internal Service fundAllocation of CostsConstruction Fund Utility Construction Fund 118,123 Transfer the Utility Construction Fund's portion of the project costsImprovement Projects 1996 Utility Construction Fund 390,177 Transfer the Utility Construction Fund's portion of the project costsADC Project Utility Construction Fund 81,023 Transfer the Utility Construction Fund's portion of the project costsADC Project Improvement Projects 2006 32,150 Transfer the Improvement Projects 2006 Fund's portion of the Technology Drive SignalImprovement Projects 1996 Improvement Projects 2006 47,217 Transfer the Improvement Projects 2006 Fund's share of assessmentsImprovement Projects 1996 Construction Fund 254,625 Transfer the Construction Fund's portion of the project costsG.O. Revolving Improvement Bonds of 2005 ADC Capital Project Fund 185,978 Transfer the ADC Fund's portion of the debt paymentG.O. Revolving Improvement Bonds of 2005B 212/Charleson Construction 200,236 Transfer the 212/Charleson Fund's portion of the debt paymentG.O. Improvement Bonds 2003D 212/Charleson Construction 125,475 Transfer the 212/Charleson Fund's portion of the debt payment CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: April 15, 2008 DEPARTMENT/DIVISION: George Esbensen Fire Department ITEM DESCRIPTION: Joint and Cooperative Agreement for Leasing Self-Contained Breathing Apparatus ITEM NO.: VIII.H. Requested Action Move to: Execute joint and cooperative agreement for leasing and use of self-contained breathing apparatus (SCBA) Synopsis To position the City of Eden Prairie to be able to participate in a groundbreaking and innovative approach to promoting firefighter safety. This concept will provide interoperability within our response area, and create economies of scale that provide leverage during negotiations of the vendor solutions. Background Information The Eden Prairie Fire Department is an active participant in the southwest suburbs automatic aid/mutual aid/box alarm system. These various systems currently encompass an area of ten communities from Minneapolis to Bloomington, over to Minnetonka and Chanhassen. As the various communities continue to respond to incidents together, breathing apparatus has become an issue. Different communities use different equipment, resulting in potentially hazardous conditions, possibly even life threatening, from a lack of common equipment. The attached joint powers agreement is an effort to allow all participating organizations the ability to look at the feasibility of leasing the same breathing equipment, ideally tested and maintained by the manufacturer, resulting in increased interoperability and life safety. This agreement will allow us to look at the cost and then determine if this program is in the best interest of the city. The idea is for one city to act as the lead agency in obtaining bid proposals from manufacturers, but each city would enter into its own contract with the company for the number of units that they need. There would be an operating committee that would oversee the selection and use of the equipment. The initial parties would be the cities of Eden Prairie, St. Louis Park, Bloomington, Edina, and Minnetonka, but other cities could join if they wish. Attachments Joint and Cooperative Agreement for Leasing and Use of SCBA JOINT & COOPERATIVE AGREEMENT FOR LEASING AND USE OF SCBA 1. Purpose This Agreement is made pursuant to Minnesota Statutes 471.59 which authorizes the joint and cooperative exercise of governmental powers common to contracting parties. The intent of this Agreement is to make available leased self-contained breathing apparatus (SCBA) to the governmental agencies who are parties to this Agreement. 2. Parties The initial parties to this Agreement are the cities of Bloomington, Eden Prairie, Edina, and Minnetonka, all of which are municipal corporations and subdivisions of the state of Minnesota. Additional governmental agencies may become parties to this Agreement by adopting a resolution approving this Agreement and sending an original execution page and a certified copy of the resolution to the secretary of the Operating Committee established below. The secretary of the Operating Committee must maintain a current list of the parties to this Agreement and must notify the contact person for each party whenever there is a change in the parties to this Agreement. 3. Operating Committee 3.1. Creation. There will be an Operating Committee (the “Committee”) to administer this Agreement. The Committee will consist of one representative appointed by each of the parties to the Agreement. In the absence of a specific appointment, a party’s representative will be its fire chief. Each member of the Committee is entitled to one vote. 3.2. Procedural Rules. The Committee must adopt procedural rules to govern its operations. 3.3. Officers. The Committee will select from its members a chair to conduct meetings, a vice-chair to act in the place of the chair, and a secretary to keep the records of the Committee. SCBA Joint Agreement Page 2 3.4. Powers, Duties. The Committee has the authority and responsibility to administer this Agreement on behalf of the parties and to take all necessary actions allowed by law to implement its terms. 4. Procedures For SCBA 4.1. Leasing SCBA. The Committee will take all of the actions necessary for leasing SCBA to serve its members. The Committee will comply with the Municipal Contracting Law, including the preparation of specifications and request for proposals. The Committee will designate one of the member parties to act as the lead agency for selecting the contractor, based on the recommendation of the Committee. 4.2. Contract Terms. The contract with the selected contractor (the “Leasing Contract”) must provide that each party to this Agreement will order SCBA directly from the contractor and make payments directly to the contractor. The Leasing Contract must provide a specific number of SCBA to be initially provided to each party and must establish the circumstances under which additional SCBA may be ordered. No party will have any responsibility for paying for the number of SCBA designated for, or ordered by, any other party. The Leasing Contract must provide that the contractor will own, maintain, and certify the SCBA and will replace the SCBA as needed. The Leasing Contract must provide the terms of payment to the contractor for this service. 4.3. Rules for use of SCBA. The Committee will establish rules and procedures for the use of the SCBA by the parties, including determining the responsibility for damage to, or loss of, the SCBA. 5. Responsibility for Employees All persons engaged in the work to be performed by a party under this Agreement may not be considered employees of any other party for any purpose, including worker’s compensation and other claims that may or might arise out of the employment context on behalf of the employees. All claims made by a third party as a result of any act or omission of a party’s employees while engaged on any of the work performed under this Agreement are not the obligation or responsibility of any other party. Each party is responsible for injuries or death of its own personnel. Each party will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing services under this Agreement. Each party waives the right to sue any other party for any workers' compensation benefits paid to its own employee or volunteer or their dependants, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. SCBA Joint Agreement Page 3 6. Indemnification Each party agrees to defend, indemnify, and hold harmless the other parties against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the party and/or those of its employees or agents. Under no circumstances, however, may a party be required to pay on behalf of itself and another party any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for two or more parties may not be added together to determine the maximum amount of liability for one party. The intent of this paragraph is to impose on each party a limited duty to defend and indemnify each other subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the parties and to permit liability claims against both parties from a single occurrence to be defended by a single attorney. 7. Duration This agreement will be in force from the date of execution by at least two parties and notification to the secretary of the Operating Committee. Any party may withdraw from this Agreement upon 30 days written notice to the other party or parties to the Agreement. 8. Execution A separate execution page is provided for each party. [Signature pages follow] Execution Page for the Joint & Cooperative Agreement For Leasing and Use Of SBCA The party listed below has read, agreed to and executed this Agreement on the date indicated. Date ____________________ Entity _____________________________ By _________________________________ Title ______________________________ And _________________________________ Title ______________________________ CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: April 15, 2008 DEPARTMENT/DIVISION: Mary Krause Public Works/Engineering ITEM DESCRIPTION: I.C. 08-5712 Award Contract for 2008 Maintenance Materials ITEM NO.: VIII.I. Requested Action Move to: Award contracts for 2008 Maintenance Materials, as indicated in the attached recommendation of award. Synopsis Bids were received on March 27, 2008, for the 2008 supply of Street Maintenance Materials. Attached is a summary sheet indicating the bid prices for these materials and a table indicating the material, the recommended suppliers and the unit prices of the material to be purchased. Background Information MNDOT 2331 and Class 5 Aggregate: Eleven bids were received for the MNDOT bituminous mixes. A cost analysis of time, equipment and labor for hauling the asphalt from the supplier’s plant to the shop indicates a savings to use asphalt supplied from William Mueller & Sons, Inc. to supply the bituminous material, with Bituminous Roadways, Inc. having the second lowest cost based on the analysis; third lowest being Midwest Asphalt Company. Due to production capabilities, demand and availability at the plants, staff recommends award of the bituminous mix to William Mueller & Sons, Inc., Bituminous Roadways, Inc. and Midwest Asphalt Company. Staff will select the appropriate vendor on a daily basis. Similar cost analysis taking into consideration the time, equipment and labor to haul the material, was done for the Class 5 aggregates. The analysis for Class 5 Recycled aggregate shows a savings to utilize Midwest Asphalt Company and Class 5 Virgin (100% crushed) aggregate utilizing Kraemer Mining and Materials. The low bid for concrete was from Aggregate Industries. Attachments • Recommendation of Award • Bid Summary G:Engineering/IC#s/07-5689/ Recommendation of Award” RECOMMENDATION OF AWARD I.C. 08-5712 2008 Maintenance Materials 1 Mn/Dot 2331 Type 41A (bituminous) Wm. Mueller & Sons, Inc. Bituminous Roadways, Inc. Midwest Asphalt Corporation $42.67/Ton $42.76/Ton $49.60/Ton 2 Mn/DOT 2331 Type 41B (bituminous) Wm. Mueller & Sons, Inc. Bituminous Roadways, Inc. Midwest Asphalt Corporation $41.61/Ton $41.23/Ton $48.55/Ton 3 Class 5 Recycled Aggregate Midwest Asphalt Corporation $7.15/Ton 4 Class 5 Virgin (100% Crushed) Aggregate Kraemar Mining and Materials $8.36/Ton 5 Mn/DOT 2461 Concrete Mix 3A32 Aggregate Industries, Inc. $102.39 6 Mn/DOT 2461 Concrete Mix 3A42 Aggregate Industries, Inc. $103.45 G:Engineering/IC#s/08-5712/”Award Summary” I.C. 08-57122008 Bid Results BIDDERS MnDOT 2331 Type 41A (Bituminous) MnDOT 2331 Type 41B (Bituminous) Class 5 (100% Recycled Crushed) Class 5 (100% Virgin Crushed) MNDOT 2461 concrete mix 3A32 MNDOT 2461 concrete mix 3A42 Aggregate Industries 102.39 103.45 Barton Sand & Gravel 7.24 6.12 Bituminous Roadways 42.76 41.23 6.55 Bryan Rock 10.46* Commercial Asphalt Co. 44.57 42.07 Kraemer Mining & Materials 7.88 8.36 Midwest Asphalt 49.60 48.55 7.15 16.00 Mueller & Sons 42.67 41.61 7.41 SA-AG, Inc. 5.86 Shakopee Gravel, Inc. 10.12** Cemstone Products Co. 109.10 111.56 * = Quarry Rock ** = River Rock CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: April 15, 2008 DEPARTMENT/DIVISION: Mary Krause Public Works/Engineering ITEM DESCRIPTION: I.C. 08-5721 Award Contract for 2008 Street Striping to Highway Technologies, Inc. ITEM NO.: VIII.J. Requested Action Move to: Award contract for 2008 Striping to Highway Technologies, Inc, in the amount of $56,815.05. Synopsis Sealed bids were received Thursday, April 10, 2008 for the 2008 Striping project. Three bids were received and are tabulated as follows: Highway Technologies, Inc. $ 56,815.05 Century Fence $ 74,690.00 AAA Striping $ 78,343.00 Background Information Street striping is an annual street maintenance project. The budget for 2008 is $85,000, under budget #1714-6337. Staff recommends award to Highway Technologies, Inc. Attachments • Bid Tabulation City Street StripingCity of Eden Prairie Project I.C. # 08-5721EST. UNIT UNIT UNIT NO DESCRIPTIONQTY.UNIT PRICE TOTAL PRICE TOTAL PRICE TOTAL14" Striping (includes Broken/Solid/Double Solid) 48,000 Lin. Ft.0.050 $2,400.00 0.080 $3,840.00 0.12 $5,760.00Yellow or White Paint - Latex24" Striping (includes Broken/Solid/Double Solid) 96,000 Lin. Ft.0.185 $17,760.00 0.235 $22,560.00 0.24 $23,040.00Yellow or White Epoxy Resin38" Striping - White Paint 400 Lin. Ft.0.100 $40.00 0.600 $240.00 0.49 $196.0048" Striping - White Epoxy 400 Lin. Ft.0.370 $148.00 0.800 $320.00 0.73 $292.00512" Stop Line - White Paint 200 Lin. Ft.1.250 $250.00 1.100 $220.00 2.50 $500.00612" Stop Line - White Epoxy 100 Lin. Ft.3.130 $313.00 4.500 $450.00 4.80 $480.00724" Stop Line - White Paint 100 Lin. Ft.2.500 $250.00 2.250 $225.00 3.20 $320.00824" Stop Line - White Epoxy Paint 130 Lin. Ft.6.260 $813.80 7.500 $975.00 6.00 $780.009 Crosswalk Blocks - White Paint675 Sq. Ft.1.350 $911.25 1.100 $742.50 3.00 $2,025.0010Crosswalk Blocks - White Epoxy 9,350 Sq. Ft.2.100 $19,635.00 2.950 $27,582.50 3.00 $28,050.0011 Pavement Message (Arrow) - White Paint15 EA.35.000 $525.00 35.000 $525.00 50.00 $750.0012 Pavement Message (Arrow) - White Epoxy125 EA.75.000 $9,375.00 105.000 $13,125.00 75.00 $9,375.0013Pavement Message (Only) - White Paint 5 EA.65.000 $325.00 50.000 $250.00 75.00 $375.0014Pavement Marking Removal 300 Lin. Ft.1.250 $375.00 1.500 $450.00 2.00 $600.0015R.R. Crossing - White Paint 2 EA.275.000 $550.00 150.000 $300.00 275.00 $550.0016Remove Message 100 Sq. Ft.3.750 $375.00 3.500 $350.00 3.50 $350.001712" Crosshatch (yellow epoxy) 1,100 Lin. Ft.2.130 $2,343.00 1.850 $2,035.00 4.00 $4,400.001824" Crosshatch (yellow epoxy) 100 Lin. Ft.4.260 $426.00 5.000 $500.00 5.00 $500.00$56,815.05 $74,690.00 $78,343.00TOTAL BASE BID2008 Bid Tabulation Century FenceAAA Striping Service Co.Highway Technologies Inc. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: April 15, 2008 DEPARTMENT/DIVISION: Mary Krause Public Works/Engineering ITEM DESCRIPTION: I.C. 08-5724 Award Contract for 2008 Bituminous Crack Sealing ITEM NO.: VIII.K. Requested Action Move to: Award contract for 2008 Bituminous Crack-Sealing to Precision Sealcoating, Inc., in the amount of $95,200.00. Synopsis Sealed bids were received Thursday, April 10, 2008 for the 2008 Bituminous Crack Sealing. Five bids were received as follows: Precision Sealcoating, Inc. $ 95,200.00 American Pavement Solutions, Inc. $107,800.00 Fahrner Asphalt Sealers, LLC $118,000.00 Borderline Pavement Maintenance $119,000.00 ASTECH Corporation $141,000.00 Background Information Street bituminous crack sealing is an annual street maintenance project in preparation for the 2008 seal coat project. The quantities include some of the recent overlay areas as well as a portion of the proposed 2009 sealcoat project area. The 2008 budget for bituminous crack sealing is $128,000. Staff recommends award to Precision Sealcoating, Inc. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: April 15, 2008 DEPARTMENT/DIVISION: Public Works / Engineering Rodney Rue ITEM DESCRIPTION: I.C. 04-5621 Adopt Resolution Approving MnDOT Maintenance Agreement for Cardinal Creek Trail Outlet Structure ITEM NO.: VIII.L. Requested Action Move to: Adopt resolution approving Maintenance Agreement with MnDOT for the Cardinal Creek Trail Outlet structure. Synopsis This Agreement defines the maintenance responsibilities for a proposed storm sewer outlet control structure adjacent to I-494. The Nine Mile Creek Watershed District will be installing the trail, water quality, and outlet control structure improvements near the Cardinal Creek and Topview / Gerard neighborhoods. The City of Eden Prairie will be responsible for the maintenance of the outlet control structure within MnDOT right-of-way. Background Information These storm sewer improvements are part of a larger watershed district project. The larger project consists of pumping and water quality improvements to Anderson Lake, a few water quality and reclamation improvements near Birch Island Lake, as well as the Cardinal Creek Trail, water quality and outlet control structure improvements. Attachments • MnDOT Maintenance Agreement No. 92327 • Resolution MINNESOTA DEPARTMENT OF TRANSPORTATION MAINTENANCE AGREEMENT PREPARED BY Mn/DOT METRO DISTRICT AGREEMENT NO. MAINTENANCE OPERATIONS 92327 AGREEMENT BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION, AND THE CITY OF EDEN PRAIRIE FOR Maintenance of a wetland Outlet Control Structure on the west side of Trunk Highway 494 approximately 4000 feet south of Trunk Highway 62 within the corporate limits of the City of Eden Prairie upon the terms and conditions set forth in the Agreement. THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the “State” and the City of Eden Prairie, Minnesota, acting by and through its City Council, hereinafter referred to as the “City”. Mn/DOT Agreement No. 92327 2 WHEREAS, City, in conjunction with Nine Mile Creek Watershed District, hereinafter referred to as “District”, is about to perform construction of City Project #04-5621 which is for construction of Cardinal Creek Trail and other water quality improvements, within the corporate City limits, in accordance with District prepared plans, specifications, and special provisions; and WHEREAS, State and City are empowered to enter into agreements pursuant to Minnesota Statutes Section 471.59; and WHEREAS, pursuant to Minnesota Statutes, Section 161.38, the parties desire to enter into an agreement relating to the maintenance of an Outlet Control Structure on the west side of TH 494 approximately 4000 feet south of TH 62 within the corporate City limits upon the terms and conditions set forth in this Agreement; and NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS I. GENERAL PROVISIONS A. Upon satisfactory completion of the construction of the Outlet Control Structure to be performed under the District construction contract (Mn/DOT Permit D-2007-19359), the City will provide for the proper maintenance of the Outlet Control Structure located within Trunk Highway 494 right-of-way and all facilities a part thereof as shown in Exhibit A, which is attached and incorporated into this agreement, without cost or expense to the State. B. The City will provide maintenance of the Outlet Control Structure in accordance with the standards and guidelines the City uses to routinely maintain its storm sewer system and will include but is not limited to the following: inspection, debris removal, any MS4 requirements, cleaning, repair, replacement, and reconstruction. C. The City will furnish all labor, equipment, materials, supplies, tools, and other items necessary for the performance of the services to be provided for by the City under this Agreement. D. The City will hold the State harmless from any liability claims due to maintenance of, or failure to maintain the Outlet Control Structure. E. If in the future the State needs to modify the Outlet Control Structure for trunk highway use, the State and City will enter into a new maintenance agreement. II. CONSIDERATION AND TERMS OF PAYMENT The City agrees to perform the duties herein in consideration of State’s permitting construction of the Outlet Control Structure on trunk highway right-of-way. III. TERM OF AGREEMENT This Agreement will be in effect until superseded by another agreement between State and City. IV. AUTHORIZED REPRESENTATIVE A. State’s Authorized Representative for the purposes of the administration of this Agreement is Beverly Farraher, Assistant District Engineer - Maintenance, Minnesota Department of Transportation Metro District, 1500 West County Road B2, Roseville, Minnesota 55113, (651) 234-7901, or her successor. Mn/DOT Agreement No. 92327 3 B. The City’s Authorized Representative for the purposes of the administration of this Agreement is Gene Dietz, Public Works Director, City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, Minnesota 55344, (952) 949-8310, or his successor or his authorized representative. C. State’s Authorized Representative will have final authority for acceptance of maintenance services performed by City under this Agreement. V. ASSIGNMENT A. No party will assign or transfer any rights or obligations under this Agreement, in whole or in part, without prior written consent of the other. B. All contracts and agreements made by any party with additional parties for the performance of any work to be done under this Agreement will be made in accordance with the terms of this Agreement and comply with State of Minnesota law. C. This Agreement will not be construed as a relinquishment by State of any powers or control it may have over the trunk highway covered under this Agreement. VI. MERGER/AMENDMENTS This Agreement contains all negotiations and agreements between the State and City. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. Any amendments to this Agreement must be in writing, and must be executed by the same parties who executed the original Agreement, or their successors in office. VII. LIABILITY A. The employees and agents of the City will not be deemed to be employees of the State for any reason. B. Each party will be solely responsible for its own acts and omissions, the acts and omissions of its employees, and results thereof to the extent authorized by law. The parties will not be responsible for the acts of any others and the results thereof. C. Liability of State will be governed by the provisions of Minnesota Statutes Section 3.736 and the liability of City will be governed by Minnesota Statutes Chapter 466. This clause will not be construed to bar any legal remedies each party may have for the other party’s failure to fulfill its obligations pursuant to this Agreement. D. Each party to this Agreement will defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. VIII. WORKERS COMPENSATION Each party will be solely responsible for its own employees for any workers compensation claims. IX. CIVIL RIGHTS Mn/DOT Agreement No. 92327 4 The City must comply with the provisions of Minnesota Statutes Section 181.59, and any applicable local ordinance relating to civil rights and discrimination. X. STATE AUDITS The books, records, documents, and accounting procedures and practices of the City, relevant to this Agreement, will be subject to examination by the Mn/DOT Auditor, the Legislative Auditor, or the State Auditor, as appropriate, for no less than six years following the expiration of this Agreement. XI. DATA PRACTICES The State and the City must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to any information provided to or by a party to this agreement. XII. AGREEMENT APPROVAL Before this Agreement will become binding and effective, it must be approved by a City Council resolution, and must be executed by State and City officers as provided by law. Mn/DOT Agreement No. 92327 5 IN TESTIMONY WHEREOF the parties have executed this Agreement through their duly authorized officials: DEPARTMENT OF TRANSPORTATION Recommended for approval: By____________________________________ Metro District ADE, Maintenance Approved COMMISSIONER OF TRANSPORTATION By____________________________________ Metro District Authorized Signature Date__________________________________ COMMISSIONER OF ADMINISTRATION By____________________________________ Authorized Signature Date___________________________________ CITY OF EDEN PRAIRIE By____________________________________ Mayor Date___________________________________ By____________________________________ City Manager Date___________________________________ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- APPROVE MNDOT MAINTENANCE AGREEMENT FOR THE CARDINAL CREEK TRAIL OUTLET CONTROL STRUCTURE (I.C. 04-5621) WHEREAS, the Nine Mile Creek Watershed District will construct trail, water quality and outlet control improvements near the Cardinal Creek and Topview / Gerard neighborhoods; and WHEREAS, an outlet control structure will be constructed within MnDOT’s I-494 right-of-way approximately 4,000 feet south of Trunk Highway 62; and WHEREAS, the Minnesota Department of Transportation (MnDOT) has prepared a Maintenance Agreement that identifies maintenance responsibilities for said outlet control structure. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that said Maintenance Agreement No. 92327 is hereby approved and the Mayor and City Manager are authorized to execute the agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on April 15, 2008. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: April 15, 2008 DEPARTMENT/DIVISION: Randy Newton Public Works / Engineering ITEM DESCRIPTION: I.C. 08-5716 Approve Professional Services Agreement with SRF Consulting Group for Wayfinding Signage and Approve Amendment to the 2008 Capital Improvement Program ITEM NO.: VIII.M. & N. Requested Action Move to: Approve amendment to the 2008 Capital Improvement Program to add Wayfinding Signage and postpone the Anderson Lake Parkway/Homeward Hills Road intersection project. and Move to: Approve Professional Services Agreement with SRF Consulting Group for Wayfinding Signage. Synopsis The Eden Prairie Chamber of Commerce Wayfinding Signage Subcommittee and city staff have reached general agreement on a concept outbound wayfinding signage plan for the Major Center Area. With approval of the Professional Services Agreement, SRF Consulting Group will help develop a final outbound wayfinding signage plan that will be coordinated with MnDOT’s Highway 212 turnback signage plan. The cost of the outbound wayfinding signage project, including engineering costs, is estimated to be $100,000. The Wayfinding Signage project is currently not included in the 2008 Capital Improvement Plan. To account for this new project city staff recommends adding the Wayfinding Signage project to the 2008 Capital Improvement Plan and postponing the Anderson Lake Parkway / Homeward Hills Road intersection project. Both projects have an estimated cost of $100,000. Background Information Since August of 2007 city staff has been meeting with the Eden Prairie Chamber of Commerce Wayfinding Signage Subcommittee to discuss wayfinding improvements in the Major Center Area. As a result of these meetings general agreement on a concept plan to implement outbound wayfinding signage has been reached. In addition, MnDOT is currently preparing plans for signage changes related to the Highway 212 turnback and the renaming of Highway 312. With approval of the Professional Services Agreement, SRF Consulting Group and city staff will coordinate the development of a final outbound wayfinding signage plan. As the wayfinding signage plan is further developed it is anticipated that modifications to the concept plan will be necessary to coordinate with the Highway 212 turnback signage and to obtain approval of MnDOT and Hennepin County. Once the final outbound wayfinding plan is fully developed and prior to its implementation city staff will present an overview plan to the City Council. The Wayfinding Signage project is currently not included in the 2008 Capital Improvement Plan and no funding for the project is currently budgeted. In order to move forward with this project in 2008 city staff recommends adding the Wayfinding Signage project to the 2008 Capital Improvement Plan. The addition of this project can be offset by the postponement of the Anderson Lake Parkway / Homeward Hills Road intersection project. Both projects have an estimated cost of $100,000 so no net change to the 2008 Capital Improvement Plan is anticipated. The rescheduling of the Anderson Lake Parkway / Homeward Hills Road intersection project will be addressed in the updated Capital Improvement Plan. Financial Implications The Professional Services Agreement for Wayfinding Signage with SRF Consulting Group has an estimated cost of $12,000. The total estimated cost for the outbound wayfinding signage, including engineering cost, is $100,000. With the amendment to the 2008 Capital Improvement Program this project will be funded by the Capital Improvement Fund. Attachments • Professional Services Agreement • SRF Proposal Letter Rev. 03-21-2008 Standard Agreement for Professional Services This Agreement is made on the 15 day of April , 2008 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and SRF Consulting Group, Inc. , a Minnesota Corporation (hereinafter "Consultant") whose business address is One Calson Parkway North, Suite 150, Minneapolis, Minnesota, 55447. . 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 Wayfinding Signage 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 April 15, 2008 through July 31, 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 $ 12,000 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 perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon 1 Rev. 03-21-2008 public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” 6. Project Manager and Staffing. The Consultant has designated George Stuempfig and Adrian Potter to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 2 Rev. 03-21-2008 7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 8. Audit Disclosure. 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 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. 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. 3 Rev. 03-21-2008 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. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) 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 primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: 4 Rev. 03-21-2008 Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive Liability $1,000,000 property damage per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $2,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CA 00 01, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations Property Damage coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. c. Personal injury with Employment Exclusion (if any) deleted. d. Standard ISO CG0001 0196 Contractual Liability coverage, or its equivalent, and a Separation of Insureds clause. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s) on ISO form CF 20 10 11 85, or its equivalent, naming “the City of Eden Prairie.” Additional insured coverage under a July 2004 or later edition of said ISO form is not acceptable. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. “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. i. Incidental Malpractice, Host Liquor Liability, and Blanket Contractual Liability insurance applicable to the Consultant’s performance under this Agreement. 5 Rev. 03-21-2008 D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as the Consultant, if such legal liability is caused by an error, omission, or negligent act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide an aggregate limit of $2,000,000. Said policy shall not name the City as an insured. E. Consultant shall maintain in effect all insurance coverages required under this Paragraph 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. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All polices, except the Professional Liability Insurance policy, shall be written on an “occurrence” form (“claims made” and “modified occurrence” forms are not acceptable); b. All polices, except the Professional Liability Insurance policy, shall be apply on a “per project” basis; c. All policies, except the Professional Liability Insurance and Worker’s Compensation Policies, shall contain a waiver of subrogation naming “the City of Eden Prairie”; d. All policies, except the Professional Liability Insurance and Worker’s Compensation Policies, shall name “the City of Eden Prairie” as an additional insured; e. All policies, except the Professional Liability Insurance and Worker’s Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed or restrictive modifications added, without thirty (30) days prior written notice to the City. A copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable, which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant’s Work. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City not less than thirty (30) 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. 6 Rev. 03-21-2008 F. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. 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. Use 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 use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 22. 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. 7 Rev. 03-21-2008 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. 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. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager FIRM NAME By: ________________________________ Its: _______________________________ 8 Will CONSULTING GROUP, INC. ENGINEERS PLANNERS DESIGNERS MINNEAPOLIS FARGO MADISON April 4, 2008 Mr. Randy Newton, P.E., P.T.O.E. Traffic Engineer CITY OF EDEN PRAIRIE City Center 8080 Mitchell Road Eden Prairie, Minnesota 55344-2230 Dear Mr. Newton: SUBJECT: PROPOSAL FOR PROFESSIONAL SERVICES FOR WAYFINDING SIGNING Based on your request, we are pleased to submit this proposal to provide professional services for review of the City's conceptual wayfinding signing layouts, design of guide sign panels, and coordination with Mn/DOT on the interrelationship between their TH 212 turnback signing project and the City's project. SCOPE OF SERVICES We propose to carry out the work described as follows: 1. SRF will review the City's conceptual wayfinding signing layouts. Our focus will be on the interchange areas, to ensure consistency of application with typical Mn/DOT signing practices. We will also perform a cursory review of the conceptual signing proposed for trunk highways and city streets away from the interchange areas. We will recommend changes to signing where appropriate. It is assumed that edits to the conceptual layouts resulting from this review will be made by the City. (Assumes one meeting with City staff.) 2. SRF will coordinate with Mn/DOT to gain their support of the City's wayfinding signing concepts, and to ensure that Mn/DOT's TH 212 turnback signing design in the interchange areas incorporates the City's proposed wayfinding signing. We will review Mn/DOT's TH 212 turnback signing plans on the City's behalf. (Assumes two meetings with Mn/DOT staff.) 3. SRF will perform SignCAD sign panel design for all of the City's guide signs away from interchanges that are not covered by Mn/DOT's TH 212 tumback signing project (assumes up to 30 sign panel designs). We will submit to the City for review, and address review comments on panel designs. (Assumes one meeting with City and Mn/DOT staff) www.srfconsulting.corn One Carlson Parkway North, Suite 150 I Minneapolis, MN 55447-4443 I 763.475.0010 Fax: 763.475.2429 An Equal Opportunity Employer Mr. Randy Newton, P.E., P.T.O.E. 2 - April 4, 2008 ASSUMPTIONS Revisions to the City's conceptual wayfinding signing layouts resulting from SRF's review will be made by the City. A total of up to 30 sign panels will be designed. Guide signs in interchange areas will be designed by Mn/DOT. Four meetings in total are included in this Scope of Services. SCHEDULE We will complete this work within a mutually agreed-upon time schedule. BASIS OF PAYMENT/BUDGET We propose that we be reimbursed for our services on an hourly basis for the actual time expended. Other direct project expenses, such as printing, supplies, reproduction, etc., will be billed at cost, and mileage will be billed at the current allowable IRS rate for business miles. Based on our understanding of the project and our Scope of Services, we estimate the cost of our services to be $12,000, which includes both time and expenses. Additional services that may be requested will be billed on the same time and expense basis. Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 30 days. CHANGES IN THE SCOPE OF SERVICES It is understood that if the scope or extent of work changes or additional services are requested, the cost will be adjusted accordingly. Before any out-of-scope or additional service work is initiated, however, we will submit a budget request for the new work and will not begin work until we receive authorization from you. NOTICE TO PROCEED A signed copy of this proposal or a separate letter of authorization, either mailed or faxed to our office, will serve as our notice to proceed. Our fax number is 763-475-2429. Mr. Randy Newton, P.E., P.T.O.E. 3 April 4, 2008 We sincerely appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP, INC. f-ee"-7/e it George M. Stuempfig, P.E., P.T.O.E. Principal GMS/smf APPROVED: (signature) Name _ Title _ Date This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. SRF P08239R April 7th, 2008 Eden Prairie Mayor and City Council Members C/O Scott Neal, City Manager 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mayor and Council Members, I think we have all read the stories of how confusing the road system can be to people driving through Eden Prairie, and in particular, the area in and around Eden Prairie Center. The Eden Prairie Chamber of Commerce has been working for over a year on how to better direct people in the major center area and the need for better street and highway access signage. The Chamber’s task force spent numerous hours touring the area, taking pictures of the intersections, reviewing current street signs, maps and discussing the best way to help motorists find their way onto the highway system serving this area. We presented our findings and recommendations late last summer to the city staff and have continued to meet with them to work on this issue, as well as begin discussions on business locator signs and incoming directional signs. The major center area is one of the key businesses areas of Eden Prairie and a hub for attracting outside visitors and shoppers. The Chamber understands that the city is moving forward with the needed first sets of highway access signs and additional street signs. We applaud this effort and are supportive of this first step. We pledge to continue our efforts to work with the city on additional sign plans and discussing items like the business locator signs and other areas of Eden Prairie that are in need of sign plans. We welcome the opportunity to work with the city on this project to a successful conclusion. If I can be of further assistance, or can answer any questions you may have, please do not hesitate to call me at 944-2830. Thank you for your support of the business community. Sincerely, Pat MulQueeny, IOM President CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: April 15, 2008 DEPARTMENT/DIVISION: Stu Fox, Manager, Parks and Natural Resources ITEM DESCRIPTION: Award Bid for Red Rock Lake Park Play Structure ITEM NO.: VIII.O. Requested Action Move to: Award the contract for playground equipment at Red Rock Lake Park to Clearwater Recreation LLC in the amount of $35,000. Synopsis A playground neighborhood discussion meeting was conducted on March 25, 2008, with neighbors of Red Rock Lake Park attending the meeting. After reviewing the proposals by the seven manufacture representatives, the majority vote of those attending the meeting was to recommend the playground from Clearwater Recreation LLC be installed at their park. At their April 7, 2008 meeting, the Parks, Recreation and Natural Resources Commission, on an 8-0 vote, recommended that the City Council award the contract to Clearwater Recreation LLC in the amount of $35,000. Background For the last several years, City staff has utilized a Request for Proposal process to select play equipment for replacement or new play equipment within our park system. The process establishes a maximum dollar amount for the project. All vendors who are interested in submitting a design for the park project must meet these basic parameters; maximum total amount of dollars to be incorporated into the plan, the physical size of the area where the play equipment will be located, and inclusion of a covered shelter structure with the playground. The last portion of their proposal is for the vendor to include the cost associated for a qualified person to oversee and assist with the installation of their equipment by city park staff. After this information has been submitted, staff organizes a neighborhood meeting with people living within one mile of the park. This year letters were sent to 260 households in the park use area. At the meeting each vendor is invited to make a brief 15 minute presentation of their particular playground proposal to the neighbors. Since the vendors are all bidding the same amount of dollars, they basically are given the latitude to present the residents with various new components or highlight specialty components that other vendors may or may not have included within their proposed playground. Following the presentation by all the various playground representatives, city staff leads the neighborhood participants through a selection process. The process is guided by the staff, but relies heavily on feedback from the neighborhood residents. Based on feedback from the neighbors, as well as the vendor representatives, the process has gone very well. We have been Award Bid for Red Rock Lake Park Play Structure April 15, 2008 Page 2 able to award playground installation to all seven playground vendors at one time or another over the past nine years. Attachment Letter to Red Rock Lake Park Neighbors Clearwater Recreation LLC - Play area design Stuart A. Fox Parks and Natural Resources Manager March 12, 2008 EDEN PRAIRIE LIVE • WORK • DREAM Dear Red Rock Lake Park Neighbor: Your neighborhood park is scheduled to receive new playground equipment this summer. In order for the City staff to purchase this equipment, your input is valuable. A presentation of the playground designs is scheduled for Tuesday, March 25, 2008. Representatives for the manufacturers will give a short presentation of their proposed playground layout. This will be followed by a feedback session with your neighbors to help select the best design for the park. The new equipment will be installed by early July 2008. DEC 952 949 8300 FAX 952 949 8390 TOO 952 949 8399 8080 Mitchell lid Eden Prairie, MN 55344-4485 edenprairie.org When: Where: Time: Tuesday, March 25, 2008 Eden Prairie City Center 8080 Mitchell Road Heritage Room IV (lower level) 7:00 9:30 p.m. If you have questions, please call me at 952-949-8445. Attachment: Park map is located on the back of this letter. SAF:bju - ADA ACCESSIBILITY GUIDELINE (ANAG CONFORMANCE) NUMBER OF PLAY EVENTS' in ANDER OF ELEVATED PLAY EVENTS: PROVIDED 12 NUMBER OF ELEVATED PLAY EVENTS ACCESSIBLE SY RAMP: PROVIDED: 0 NUMBER OF ELEVATED PLAY EVENTS ACCESSIBLE BY TRANSFER svareie PROVIDED 12 NUMBER OF ELEVATED PLAY EVENTS 14054591512 5? RAMP OR TRANSFER SYSTEM NUMBER OF GROUND LEVEL PLAY EVENT& PROVIDED. 7 NUMBER OF TYPES or GROUND LEVEL PLAY EVENTS: PROVIDED: 4 Equipment design complies with the Final Rule on "Accessibility Guidelines For Playground Areas" BC! Burke is an IPEM4 member Tim Ahern, CEO of Ba Burke, is the current President of TPEM4 REDD; 0 RECID: ULM REM% 4 REDD: 3 The equipment complies with current ASTI ," Standards & CPSC Guidelines com 0 -rrle-r(L. suminum- ea SERIES 3000 PLAYSTRUCTURE n anil ;011r -11 INFORMATION — ( MINIMUM FALL ZONE SURFACED WITH RESILIENT MATERIAL AREA 2032 San-. PERIMETER 213 FT. STRUCTURE SIZE 40 x 79 THIS STRUCTURE IS DESIGNED FOR CHILDREN AGE: 2-5 YEAR OLDS X 5-12 YEAR OLDS 1509001:2000 CERTIFIED COMPANY The play components Identified in this plan are IPEMA certified. The use and layout of these componerds confers 10 the requirements of ASTM F1457. To verify product certification, visit www.ipema.org The space requirements shown hare are to ASTM standards. Requirements for other standards may be different. The use and layout of play components identified in this plan conforms to the CPSC guidelines. RI ..1 2304050 8' CLOSURE PLATE _g 230-0130 SQUARE PLATFORM S3P 3 230-0174 oarokLE-eoNE MIDGE 8-112' 230-0170 SHORT ARCH ENDGE-BARRIER 5 330.0146 ATOM CUMBER 3248 6 330.0163 RUNG LAOMR 32-48 7 3304182 SATURN MBER 32.40 8 330-0212 RING MOUNTAM1 32-40 9 330.0360 FAN CUMBER E4-72 10 330-03139 90 DEG TPJ, DECK TO FS 11 230-0466 TRANSFER STATION 32" 12 330-0523 32' TRANSMON STAIR 303ARRI 13 3300649 CENTER MOUNT TIMST hf TURt 14 430-0361 SCUARE PEAK ROOF 15 430-04313 TRIPL RAJL SUM 40-48' 10 430-0436 TSUNAMI DUDE 64-72' 17 430-0438 90 DEG LEFT CHUTE SU ix 134.-7 16 530-0395 PULL RING ASSY 15 530-1656 F_ADDLE BALL_PANEL. 20 535-2017 DRUM ACCESSIBLE REACH PAN 21 520-0032 4 117 SINGLE POST SWING 22 550-01334 4115' SINGLE POST ADO-ON 23 5500051 T BELT WIPYC CHAIN 2 24 550-0053 7' INFANT 1MPVC OWN 2 25 570-0026 DUCK ROCK N RIDE 20 580-0267 FS SIGN FOR 2-12 Title: RED ROCK LAKE PARK 15416 Boulder Pointe Road Location: Eden Prairie, Minnesota Date: March, 2008 Nom+ Drawn By: tt". 5ofic-e. ke:.ttd #94\(6 .66 EDEN PRAIRIE INIMMIMM City of Eden Pralrie Parks & Natural Resources Red Rock Lake Park I 15416 Boulder Pointe Road CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: April 15, 2008 DEPARTMENT/DIVISION: Office of the City Manager Karen Kurt, Human Resources Manager ITEM DESCRIPTION: Award Employee Dental Insurance Coverage to HealthPartners, Long Term Disability Coverage to Nationwide Insurance Services, and Life Insurance Coverage to Cigna ITEM NO.: VIII.P. Requested Action Move to: Award employee dental insurance coverage to HealthPartners, long term disability coverage to Nationwide Insurance Services, and life insurance coverage to Cigna. Synopsis The City issued a request for proposal for employee life, long term disability, and dental insurance for the 2008-09 benefit year. All of the recommended proposals maintain or exceed the benefits available through our current carriers. Our employee benefit committee has reviewed the proposals and supports our recommendations. Dental Insurance: The City received seven proposals, including a proposal from our current carrier, Delta Dental. We are recommending that HealthPartners be chosen as the new dental insurance carrier. The HealthPartners proposal combined a solid network of dentists with extremely competitive rates. The HealthPartners proposal is 10% lower than our current rates with a two year rate guarantee. This will result in a savings of approximately $26,000 per year. HealthPartners is also offering a premium “holiday” for the first three months of coverage. While the HealthPartners network is smaller than the Delta network, HealthPartners does have the second largest network in the metro area and offers deeper discounts at more dentists when compared to Delta. Long Term Disability Insurance: The City received five proposals, including a proposal from the current carrier, Nationwide Insurance Services (NIS). We are recommending that the City continue its coverage with NIS. NIS offered both the lowest rates and the most comprehensive coverage. Under the NIS proposal, our rates will decrease by approximately 10%, resulting in a cost savings of approximately $4,500 per year. NIS is also offering a five year rate guarantee. Life Insurance: The City received seven proposals, including a proposal from the current carrier, Standard. We are recommending that Cigna be chosen as the new life insurance carrier. Cigna offered the most competitive rates for basic life insurance (employer paid) and matched our current rates for voluntary life insurance (employee paid). Cigna is also offering a three year rate guarantee. While Cigna’s rate per thousand dollars of basic coverage is lower than our current rate, our overall costs will increase by approximately $10,000 due to a budgeted increase in the basic life insurance amount from $20,000 to $50,000 for each employee. The City will also be offering voluntary (employee paid) personal accident coverage through Cigna. Attachments Dental Insurance Proposal Long Term Disability Insurance Proposal Life Insurance Proposal **** NCQA redilation An Integrated Dental Care Solution for the CITY OF EDEN PRAIRIE Submitted February 27, 2008 by HealthPartners, Inc. Plan Effective Date: June 1, 2008 HealthPartners has been awarded "Excellent" accreditation for most of our commercial and Medicare Advantage plans from the National Committee for Quality Assurance (NCQA). NCQA is an independent, not-for-profit organization dedicated to measuring the quality of America's health care. The information contained in this HealthPartners document reflects our current business practices as of the date of this proposal and is accurate to the best of our knowledge. As part of our commitment to continuous improvement, certain programs and practices are subject to change, consistent with the terms of our contractual agreements. We retain the right to modify and change our policies and procedures to better serve our clients and support our mission to improve the health of our members, our patients and the community. The information contained in this proposal is confidential and may not be shared with outside parties without the prior written permission of HealthPartners. ©Copyright 2008 HealthPartners, Inc. !ma. , .,., Fa 0. Healthrartners® Yew- health. You- partner:" Table of Contents Section I Section II Section III Executive Overview Proposal Requirements Appendix A. Performance Guarantees B. Open Access Dental Directory HealthPartners Dental City of Eden Prairie Sole Carrier Underwriting Requirements and Provisions Large Group Contributory Plans Applies to fully-insured and self-insured plans See the benefit summary for a description of the benefit package corresponding to this proposal. Any changes or revisions may result in an adjustment to the rates. Participation Requirements: • At least 75% of the eligible employees, who are not enrolled in a group dental plan elsewhere, and a minimum of 50% of all eligible employees must participate in the employer sponsored dental plan. This quote is based on 303 eligible employees participating. Employer Contribution Requirements: • Rates assume employer maintains current contribution strategy for the duration of this agreement • Employer must contribute a minimum of 50% of the single premium toward the cost of coverage for all employees in an eligible class • Employees who waive dental coverage receive no more than 50% of the employer contribution in cash or cash equivalent in lieu of dental coverage. Employees who exercise this option must have other group dental coverage. Rates: • Rates assume HealthPartners is the sole carrier. Therefore, 100% of the participants enrolled in the employer sponsored plan are enrolled in the HealthPartners dental plan. • HealthPartners reserves the right to review and change the rates for the entire group if the total population changes by 10% or more. General Provisions: • Employer must have a group medical plan, preferably with HealthPartners. • Group will identify locations of employees outside of Minnesota, if applicable. • HealthPartners may be unable to offer dental coverage if these participation and contribution requirements are not met. • On the first renewal following discovery of non-compliance, groups will be informed that they are not in compliance with the participation and contribution rules and that they may be terminated at renewal. If the group is willing to make changes to their participation and contribution strategies, HealthPartners may, at its discretion, grant a one year probationary period to allow the group to come back into compliance with the participation and contribution rules. me HealthPartners. City of Eden Prairie Coverage Period: June 2008 through May 2010 24 month contract HealthPartners Open Access Dental Choice 2/13/2008 Dental Services HealthPartners Network J Any Licensed Dentist point of service choice. Calendar Year Annual Maximum $1,000 Combined in and out of network Annual Deductible Individual: $25 Deductible does not apply to Family: $75 Preventive/Diagnostic Care or Sealants Preventive/Diagnostic Care 100% 100% Sealants 100% 100% Basic I Services - Amalgam Fillings - Posterior composites - Simple Extractions - Non-surgical Periodontics - Endodontics Basic II Services - Surgical Periodontics - Other Oral Surgery Crowns, onlays Prosthetics Orthodontics (no deductible) - Lifetime maximum - For all ages (combined across networks) Fair and Reasonable Level 80% 80% 50% 50% 80% 80% 80% 80% 80% 80% 80% 80% 80% 80% 50% 50% 50% 50% 50% 50% $1,800 $1,800 na 80th percentile Fully Insured Premium (guaranteed for 24 months) Single $30.91 Single + 1 $58.73 Family $98.30 This quote is valid for 90 days or until the effective date stated above, whichever comes first. *- No clinic assignment required Rates include $1.00 pepm broker commission. This is a summary only. This plan and rates are contingent upon meeting HealthPartners Dental underwriting requirements. Rates assume HealthPartners is the sole carrier. ulpu Kim HealthPartners® YoKr litAlfil. YeKr partnirr Proposal Requirements 1. With the exception of the benefits below please provide a quote matching the current benefits. The City of Eden Prairie is interested in receiving both fully insured and self funded quotes. Both fully insured and self funded options have been provided. 2. Benefit changes: Please change the preventive benefit to offer dental cleaning twice per plan year rather than every 6 months. Please include crown build up as an included benefit. These benefits are covered in the HealthPartners contract. 3. Please note that the City of Eden Prairie offers open enrollment into the dental plan every two years. HealthPartners agrees to this open enrollment requirement. 4. Are the rates quoted in your proposal for a full 12-month period based on a June 1, 2008 effective date? Both the fully insured and self insured rates provided are for a 24 month period, June 1, 2008 through May 2010. 5. The City will look more favorably on a 2 or 3 year rate structure. Are you willing to provide a multiple year contract? If not what are the contract terms? Can you offer rate caps for a multiple year contract? If not, please explain. Both the fully insured and self insured rates provided are for a 24 month period, June 1, 2008 through May 2010. 6. Please provide the Performance Guarantees that your organization would offer to The City of Eden Prairie. Please see Appendix A for Performance Guarantees. PROPOSAL REQUIREMENTS Page 1 of 1 rdo HealthPartners® Yaw- health. Yetir partmer:' Building our Partnership For the past 30 years, HealthPartners has been transforming dental care delivery and setting new standards for treatment and service. Today, HealthPartners is the largest consumer governed nonprofit health care organization in the nation and is committed to working collaboratively with the City of Eden Prairie (the City) to build healthier, more satisfied employees. Our goal is to give you access to high-quality dental care through a large dental network and great service that will deliver the best overall value for your dental care dollar. Delivering Value HealthPartners is uniquely positioned to work with the City to improve the dental health of its employees and their families in a responsible, cost-effective manner. HealthPartners provides: • Coast-to-coast coverage and a large local network that's convenient and easy to use. The HealthPartners dental PPO network of 1,750 dentists is the largest in the region. It includes 80 percent of all metro-area dentists and nearly 60 percent of all Minnesota dentists. In fact, our local network is more than 30 percent larger than the next largest PPO network in the area. Plus, our nationwide network has more than 37,000 providers at 80,000 locations. • A dedicated account team that will provide fast, accurate responses to day-to-day questions and concerns. • Average discounts of 15 percent throughout our network extend not only to general practitioners, but also to network specialists — something not all local competitors can offer. On average, our national negotiated discounts are more than 20 percent below standard fees in the area. Better discounts mean lower claim costs for the City, and employees will benefit from lower out-of-pocket costs. • Efficient claims processing. HealthPartners takes the member out of the middle by working with all network and non-network providers to file claims directly with us. No other dental plan makes it this easy for members and providers. • Comprehensive administration services and ongoing plan maintenance. All administrative functions, including enrollment, claims, member services, member materials and our Web site are provided in one place for the convenience of our members. In addition, Web tools are designed to help employees make informed, cost-effective decisions. • A free 20 percent orthodontic discount available to all HealthPartners dental plan members — including adults. With average orthodontic bills running about $5,000, members can save $1,000 or more simply by being a HealthPartners dental member. The discount is available at any of the Orthodontic Care Specialists Ltd. 19 metro locations. EXECUTIVE OVERVIEW Page 1 of 2 •lpu Kim HealthPartners® Yaw- health. YelAV partner: The HealthPartners Difference HealthPartners has responded to the City's Request for Proposal, including matching your current plan with a 24-month quote. Our confidence in offering a longer term quote stems from the strength of our network. Our dedication to offering a broad network with aggressive discounts, promotion of quality dental care, cost management and service lay the foundation for better dental health and true financial value. HealthPartners welcomes the opportunity to serve the City and its dental coverage needs. It is our goal to meet your needs and exceed your expectations for care and service. Your Health. Your Partner. HealthPartners EXECUTIVE OVERVIEW Page 2 of 2 Robert Keller Regional Vice President 14852 SCENIC HEIGHTS ROAD. SUITE 210. EDEN PRAIRIE. MN 55344 / OH: 800.443.0011 / EX: 953.941.404q NATIONAL -7:- \fSURANCE SFRVIc 1.1 February 28, 2008 Ms. Karen Kurt Human Resource Manager City Of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344 Re: Group Life and Long Term Disability Proposals Ms. Kurt; Thank you for the opportunity to continue to work with the City pertaining to the Group Long Term Disability insurance program for the employees of the City of Eden Prairie. Madison National Life and National Insurance services (NIS) have provided the Long Term Disability insurance for the City since 1998. National Insurance Services (NIS) has been serving the public sector's needs since 1969, providing a means whereby separate government entities, including but not limited to school districts, cities, counties, hospitals and others, to obtain the type of outstanding group insurance programs generally not available on an individual basis. This concept, which originated in Wisconsin more than thirty years ago, has earned such great acceptance that we are currently one of the leading providers of Group Insurance protection in the U.S. The group purchasing power of NIS has made it possible to obtain this plan, which fits the unique needs of government employees, at a much lower cost than would otherwise have been available. NIS now serves over 1400 clients covering more than 400,000 employees nationwide. Through innovation we will continue to grow with you. We will continue to respond to your requests, and will continue to design programs that deliver superior performance and maximum cost efficiency. We know that you, our customer, are our most valuable asset. We promise to work hard to make a NIS choice a good one for today and everyday. Enclose please find proposals for both the Group Life and Group Long Term Disability insurance programs from Madison National Life. Please pay special attention to the guarantee periods on the Long Term Disability program. Madison National Life is offering a 5-year rate guarantee. If you have any questions please feel free to contact me at (952) 941 —7372 WHY NIS IS THE BEST We've defined six components critical to being THE BESTT"' provider for Life and Disability for public-sector groups. Longevity fk Stability NIS has 35+ years' experience providing Life and Disability insurance to public- sector groups like yours. We insure over 500,000 employees at over 1,500 employers nationwide. Price We recognize that low cost is a key component in your decision. Public- sector accounts require competitive pricing. At NIS, typical savings at takeover are between 10 and 30%. Problem Solving When it Matters Most Our vision statement includes a key phrase: doing the right thing, for our clients, employees, and strategic partners. NIS prides itself on bringing swift resolution to major problems and gives you specific, real-life, examples of how we perform. Service We dedicate a field service representative, an in-house service representative, a vice president or manager, a designated billing representative, and even our company president to serving your needs. These are real people; you'll have a name and telephone number for each one of them. Custom-Crafted Benefits As a leader in Life and Disability benefits, we'll match your benefits and also offer innovative options like Disability coverage up to 85%, a special Paid-Up Life insurance policy, expanded AD&D benefits and special coverages and maximums for administrators. c. hors cc THE NIS PUBLIC-SECTOR PROMISE Because you are part of the public-sector community, you are our responsibility. It is important to us that your sales and service representatives know you and understand your needs so that we can build a lasting relationship. Meeting your needs is the foundation of NIS; it is our promise. Clients and prospects alike are invited to access the unsurpassed NIS resources and enjoy first- rate service. Contact your sales and service representatives anytime to tap our skills, expertise and specialists. Our first priority is to meet your needs. p otro5) b y o. thoosc NIS fv ect err r, LI ABOUT NIS Serving the Public Sector Since 1969 When it comes to Life and Disability insurance, National Insurance Services (NIS) understands the public sector's needs - your needs. We've been serving groups like yours since 1969. NIS provides custom insurance plans for school districts, cities, counties, hospitals and others. Our comprehensive service includes easy administration so you'll enjoy reduced paperwork, accurate billing and appropriate claims management. If you have an insurance plan in place, NIS can usually match or enhance your current design. Find out more about why NIS is THE BEST"' choice for Life and Disability. National Insurance Services proudly offers employer- and employee- paid lines of coverage including Disability, Group Life, Accidental Death and Dismemberment, and Long Term Care insurance. We retain more than 95% of our clients every year, which is significantly higher than industry norms. Year after year 99% of NIS clients say they would recommend us. Our Retirement Income Division offers products and services that save money for the group and the retiring employee on retiree payouts and on substitute teacher costs; health insurance participation; benefit transitioning; and GASB/OPEB-related actuarial services. A host of value-added products and services round out the unique mix that makes NIS THE BESTTmchoice for your group. Summary Page For City of Eden Prairie Eden Prairie, Minnesota LTD- Current Plan Classification Number of Lives Rate Approximate Annual Insurable Payroll Approximate Annual Premium 01 - City Manager and Department Heads 6 .248 % $719,076 $1,783 02- All Other Eligible Employees 199 .248% $11,372,196 $28,203 03 - Police Officers 63 .248 % $4,756,476 $11,796 TOTALS 268 $16,847,748 $41,782 LTD — Option I Classification Number of Lives Rate Approximate Annual Insurable Payroll Approximate Annual Premium 01 - City Manager and Department Heads 6 .229 % $719,076 $1,647 02- All Other Eligible Employees 199 .229% $11,372,196 $26,042 03 - Police Officers 63 .229 % $4,756,476 $10,892 TOTALS _ 268 $16,847,748 $38,581 LTD — Option II Classification Number of Lives Rate Approximate Annual Insurable Payroll Approximate Annual Premium 01- City Manager and Depai tment Heads 6 .238% $719,076 $1,711 02 - All Other Eligible Employees 199 .238 % $11,372,196 $27,066 03 - Police Officers 63 .238 % $4,756,476 $11,320 TOTALS 268 $16,847,748 $40,097 *Rate guarantee for 60 months from the effective date of the program for all above quoted rates. ** A one time open enrollment will be offered by the carrier this year. 3 2 n1911.11.141% The NATIONAL INSURANCE SERVICES trust is a vehicle designed to provide a means whereby separate groups can obtain outstanding group insurance programs at prices significantly better than are generally available on an individual basis. This concept, which originated in Wisconsin more than twenty-five years ago, has earned such great acceptance that the NATIONAL INSURANCE SERVICES trust is cun-ently one of the leading providers of Group Disability protection in the Midwest. The group purchasing power of the Fund has made it possible to obtain this plan, which fits the unique needs of your employees, at a much lower cost than would otherwise have been available. The NIS trust is administered by: National Insurance Services of Wisconsin, Inc. 250 South Executive Drive Brookfield, WI 53005 Toll Free Telephone: (800) 627-3660 For questions or service please contact: Rob Keller 14852 Scenic Heights Road #210 Eden Prairie, MN 55344 Phone: (952) 941-7372 The MS trust is underwritten by: MADISON NATIONAL LIFE INSURANCE COMPANY (MM) P.O. Box 5008 Madison, WI 53705 MNL conducts business throughout the United States and has been awarded A.M. Best 's rating of A- (Excellent). GROUP LONG TERM DISABILITY INSURANCE PROPOSAL CITY OF EDEN PRAIRIE EDEN PRAIRIE, MINNESOTA 01- CITY MANAGER AND DEPARTMENT HEADS QUOTED BENEFITS Maximum Annual Covered Salary $140,000 Maximum Monthly Benefit $7,000 Benefit Percent 60% of Basic monthly earnings Subrogation Applies Elimination Period 90 Consecutive Calendar Days Maximum Benefit Period Age at Disablement Duration of Benefits 59 or younger To Age 65 60 5 years 61 4 years 62 3.5 years 63 . 3 years 64 2.5 years 65 2 years 66 1.75 years 67 1.50 years 68 1.25 years 69 and over 1 year Definition of Disability Regular Occupation for Duration of Benefits Monthly Benefit Direct Offset Coordination With Other Income Benefits Primary Only/General Freeze Mental Illness Limitation 24 Months or Institutionalized with Recovery Recurrent Disability Standard Rehabilitation Standard Employer Contribution 0% Employer Paid Maternity Coverage Full Maternity Cumulative Elimination Period 18 Day Cumulative E.P. Minimum Monthly Benefit $100 Pre-Existing Condition Exclusion None Survivor Benefit 3 Times Last Monthly Benefit Lump Sum Residual Disability Applies Minimum Participation 70% Continuity of Coverage Applies Medical Premium Expense Benefit 60 Calendar Days/$300/12 Monthly payment Retirement Contribution Benefit Applies TAX REPORTING This proposal includes a free service for LTD benefits that pays the employer's portion of FICA withholding and releases you from 941 and W-2 reporting requirements. COST Contract rate guarantee for 60 months from the effective date of the program. .248 % of covered payroll PROPOSAL ASSUMPTIONS A. Number of Lives 6 B. Approximate annual insurable payroll $719,076 C. Approximate annual premium $1,783 PROPOSAL DATE February 28, 2008. This proposal is valid for 90 days, after which time the insurer reserves the right to revise benefits or rates. PRESENTED BY National Insurance Services UNDERWRITTEN BY Madison National Life Insurance Company 4 GROUP LONG TERM DISABILITY INSURANCE PROPOSAL CITY OF EDEN PRAIRIE EDEN PRAIRIE, MINNESOTA 02 - ALL OTHER ELIGIBLE EMPLOYEES QUOTED BENEFITS Maximum Annual Covered Salary $140,000 Maximum Monthly Benefit $7,000 Benefit Percent 60% of Basic monthly earnings Subrogation Applies Elimination Period 90 Consecutive Calendar Days Maximum Benefit Period Age at Disablement Duration of Benefits 59 or younger To Age 65 60 5 years 61 4 years 62 3.5 years 63 3 years 64 2.5 years 65 2 years 66 1.75 years 67 1.50 years 68 1.25 years 69 and over 1 year Definition of Disability 3 years Regular Occupation Period Monthly Benefit Direct Offset Coordination With Other Income Benefits Primary Only/General Freeze Mental Illness Limitation 24 Months or Institutionalized with Recovery Recurrent Disability Standard Rehabilitation Standard Employer Contribution 0% Employer Paid Maternity Coverage Full Maternity Cumulative Elimination Period 18 Day Cumulative E.P. Minimum Monthly Benefit $100 Pre-Existing Condition Exclusion None Survivor Benefit 3 Times Last Monthly Benefit Lump Sum Residual Disability Applies Minimum Participation 70% Continuity of Coverage Applies Medical Premium Expense Benefit 60 Calendar Days/$300/12 Monthly payment Retirement Contribution Benefit Applies TAX REPORTING This proposal includes a free service for LTD benefits that pays the employer's portion of FICA withholding and releases you from 941 and W-2 reporting requirements. COST Contract rate guarantee for 60 months from the effective date of the program. .248 % of covered payroll PROPOSAL ASSUMPTIONS A. Number of Lives 199 B. Approximate annual insurable payroll $11,372,196 C. Approximate annual premium $28,203 PROPOSAL DATE February 28, 2008. This proposal is valid for 90 days, after which time the insurer reserves the right to revise benefits or rates. PRESENTED BY National Insurance Services UNDERWRITTEN BY Madison National Life Insurance Company 5 GROUP LONG TERM DISABILITY INSURANCE PROPOSAL CITY OF EDEN PRAIRIE EDEN PRAIRIE, MINNESOTA 03- POLICE OFFICERS QUOTED BENEFITS Maximum Annual Covered Salary $140,000 Maximum Monthly Benefit $7,000 Benefit Percent 60% of Basic monthly earnings Subrogation Applies Elimination Period 90 Consecutive Calendar Days Maximum Benefit Period Age at Disablement Duration of Benefits 59 or younger To Age 65 60 5 years 61 4 years 62 3.5 years 63 3 years 64 2.5 years 65 2 years 66 1.75 years 67 1.50 years 68 1.25 years 69 and over 1 year Definition of Disability 3 years Regular Occupation Period Monthly Benefit Direct Offset Coordination With Other Income Benefits Primary Only/General Freeze Mental Illness Limitation 24 Months or Institutionalized with Recovery Recurrent Disability Standard Rehabilitation Standard Employer Contribution 0% Employer Paid Maternity Coverage Full Maternity Cumulative Elimination Period 18 Day Cumulative E.P. Minimum Monthly Benefit $100 Pre-Existing Condition Exclusion None Survivor Benefit 3 Times Last Monthly Benefit Lump Sum Residual Disability Applies Minimum Participation 70% Continuity of Coverage Applies Medical Premium Expense Benefit 60 Calendar Days/$300/12 Monthly payment Retirement Contribution Benefit Applies TAX REPORTING This proposal includes a free service for LTD benefits that pays the employer's portion of FICA withholding and releases you from 941 and W-2 reporting requirements. COST Contract rate guarantee for 60 months from the effective date of the program. .248 % of covered payroll PROPOSAL ASSUMPTIONS A. Number of Lives 63 B. Approximate annual insurable payroll $4,756,476 C. Approximate annual premium $11,796 PROPOSAL DATE February 28, 2008. This proposal is valid for 90 days, after which time the insurer reserves the right to revise benefits or rates. PRESENTED BY National Insurance Services UNDERWRITTEN BY Madison National Life Insurance Company 6 7 Optional LTD Benefits Option I Increase maximum monthly benefit, add cost of living adjustment, remove MPEB, remove pension contribution benefit and add pre-x for all classes. Change definition of disability for class 1 only. Maximum Annual Covered Salary $170,000 Maximum Monthly Benefit $8,500 Benefit Percent 60% of Basic Earnings Definition of Disability (applies to class 01 only) 3 years Regular Occupation Period Cost of Living Adjustment CPI or 3% Lifetime 20% Max Pre-Existing Condition Exclusion 3/12 Medical Premium Expense Benefit Not applicable Pension Contribution Benefit Not applicable Premium Rate .229% of covered payroll Total Approximate Annual Insurable Payroll $16,847,748 Total Approximate Annual Premium $38,581 Rate Guarantee 60 months from the effective date of the program. 8 Option II Same as Option I except definition of disability for class 01 is "regular occupation for duration of benefits" Maximum Annual Covered Salary $170,000 Maximum Monthly Benefit $8,500 Benefit Percent 60% of Basic Earnings Cost of Living Adjustment CPI or 3% Lifetime 20% Max Pre-Existing Condition Exclusion 3/12 Medical Premium Expense Benefit Not applicable Pension Contribution Benefit Not applicable Premium Rate .238% of covered payroll Total Approximate Annual Insurable Payroll $16,847,748 Total Approximate Annual Premium $40,097 Rate Guarantee 60 months from the effective date of the program. 9 General Provisions 2 DAY RAPED PAY 2 Day Rapid Pay Income Replacement is a way of administering Disability Claims in a unique new fashion. With this new procedure in place we can eliminate or reduce any lapse in claim payments. Upon receipt of all required information, we can pay new claims within 48 hours and existing claims within 24 hours. Simply stated, the employer can fax the claimant's and employer's statements to the insurance carrier and provided all the information is complete and accurate the processing of the claim will begin the same day. HOW CLAIMS ARE PAID When an insured employee becomes totally disabled as the result of an injury or an illness, and is under a physician's care, he or she is eligible for the benefits outlined on the schedule page of this proposal (subject to the Trust Master Policy provisions). All necessary claim forms and mailing envelopes are available at the Employer's Business Office. The Claimant completes one portion. The Doctor verifies the disability on another portion, and a third portion is then completed by the Employer. The claim form is then submitted to the insurance carrier for processing. All claimants will be paid by dividing the claimant's annual pay by 12 to determine the basis for monthly reimbursement. Each day will be paid at a rate of 1/30 of the monthly benefit. ELIGIBLE GROUPS AND CONTRIBUTIONS Any governmental Employer is eligible if they have an agreement with the employees to contribute toward the cost of the insurance. The employer's contribution does not need to be 100%, but must be sufficient to assure that at least 75% of the eligible employees participate in the plan unless otherwise specified. Any portion of the cost required of the employees must be payroll deducted and the total cost remitted to Schools Insurance Fund with one check. MONTHLY REPORTING Premiums are normally remitted on a monthly basis on forms supplied by the administrator of the trust. The monthly cost is computed by multiplying the total covered payroll for the month by the cost factor indicated on the Schedule Page. WAIVER OF PREMIUM When a covered employee is Totally Disabled and begins drawing benefits, Schools Insurance Fund will waive all further premium payments for that individual during the period of Total Disability. 10 COVERAGE OUTSIDE THE UNITED STATES This plan covers you 24 hours a day, on and off the job, anywhere in the world. COORDINATION WITH OTHER BENEFITS Any payment under this plan will be reduced by income received or receivable: • under any group insurance coverage or similar arrangement of coverage for individuals in a group; • under or on account of any state or federal government disability or retirement act; • under any pension plan to which the Employer contributes or makes payroll deductions; • under or on account of any Worker's Compensation or similar act or law, • from auto insurance based on the principal of "no-fault" coverage. These other income benefits, except retirement benefits, must be payable as a result of the same total disability for which this policy pays a benefit. Any benefit payment under this plan will also be reduced by: • any Federal Old Age Benefits provided under the Federal Social Security Act; and • any income received by the employee while so disabled as a result of engaging in any occupation for wage or profit. • any form of salary continuance which the insured may be entitled to receive. CANCELLATION OF PROGRAM The Employer may cancel this plan on the first of any month by providing written notice signed by an authorized representative within 31 days of the termination date. GROUP TERM LIFE INSURANCE PREPARED FOR: City of Eden Prairie Requested By: CBIZ BENEFITS & INSURANCE SERVICES, INC. Date Prepared: February 28, 2008 Proposed Effective Date: June 1, 2008 Underwritten By: Life Insurance Company of North America CIGNA and CIGNA Group Insurance are registered trademarks licensed for the use of insurance company subsidiaries of CIGNA Corporation. All products and services are provided by insurance company subsidiaries and not the corporation itself. As used herein, CIGNA and CIGNA Group Insurance refer to Life Insurance Company of North America. Availability of features may vary by state. 2 City of Eden Prairie Basic Term Life Proposal Schedule of Benefits Summary Eligibility Class 1: All active, full-time City Managers and Department Heads/Directors of the Employer regularly working a minimum of 32 hours per week. Class 2: All Other active, full-time Employees of the Employer regularly working a minimum of 32 hours per week. Basic Life Benefit Class 1: $70,000 Class 2: $50,000 Benefit Reduction Schedule Benefits Reduce to: 65 % at 65, 40 % at 70 Waiver of Premium Must be totally disabled before age 60 6 month waiting period Benefit provided to age 65 Eligibility for Waiver of Premium continues if the group policy is terminated Terminal Illness 75% up to $500,000 for Basic and Voluntary benefits Coverage available for employees and spouses Conversion Included Employer Contribution 100% Number Of Eligible Employees 272 Will Preparation Services - Online interactive tool helps covered employees and their spouses create a will and other legal documents. The site also provides access to other valuable financial educational materials. Beneficiary Services - Comprehensive package of financial, bereavement and legal counseling - Available for benefit payments >= $5,000 3 BASIC TERM LIFE RATE SUMMARY PER $1,000 Coverage Estimated Volume Rate Estimated Monthly Cost Basic Employee Life Classes 1 & 2 $13,637,500 $0.10 $1,364 Rates are guaranteed for 3 Years This Summary is valid for 90 days from the date prepared. BASIC TERM LIFE COMMISSION SUMMARY Rates include 5% Commission 4 City of Eden Prairie Voluntary Term Life Proposal Schedule of Benefits Summary Eligibility Class 1: All active, full-time City Managers and Department Heads/Directors of the Employer regularly working a minimum of 32 hours per week. Class 2: All Other active, full-time Employees of the Employer regularly working a minimum of 32 hours per week. Voluntary Life Benefit Units of $10,000 Guaranteed Issue Amount $150,000 Minimum Benefit $20,000 Maximum Benefit $400,000 Benefit Reduction Schedule Benefits Reduce to: 65 % at 65, 40 % at 70 Waiver of Premium Must be totally disabled before age 60 6 month waiting period Benefit provided to age 65 Eligibility for Waiver of Premium continues if the group policy is terminated Portability Employee and covered dependents Coverage ends at age 70 Limited to the inforce amount Terminal Illness 75% up to $500,000 for Basic and Voluntary benefits Coverage available for employees and spouses Participation Requirement 20% of eligible employees Voluntary coverage will not take effect if enrollment is less than 20% of eligible employees Initial Enrollment Events Initial Open Enrollment: Evidence of Insurability is required for amounts in excess of the Guaranteed Issue for all eligible employees Ongoing Enrollment Events Annual Enrollment Events are not included Suicide Exclusion We do not pay death benefits if insured commits suicide during first two years of coverage This two year suicide exclusion also applies to all later increases in coverage Conversion Included Employee Contribution 100% Number Of Eligible Employees 272 Will Preparation Services - Online interactive tool helps covered employees and their spouses create a will and other legal documents. The site also provides access to other valuable financial educational materials. Beneficiary Services - Comprehensive package of financial, bereavement and legal counseling - Available for benefit payments >= $5,000 Enrollment Communications & Support - Client-specific brochures & applications - Medical underwriting with Medical Underwriting Activity Report - Online access to forms available Voluntary Dependent Term Life Eligibility Employees must participate in voluntary plan for dependents to participate Spouse Life Benefit Units of $10,000 Coverage ends at age 70 Child Life Benefit 14 days to 6 months: $500 6 months to 19/25 years: Option of $5,000, $10,000, or $20,000 (if full time student) Guaranteed Issue Amount Spouse: $50,000 Child: All Guaranteed Issue 5 Maximum Benefit Spouse: $200,000 Child: $20,000 Will Preparation Services - Online interactive tool helps covered employees and their spouses create a will and other legal documents. The site also provides access to other valuable financial educational materials. VOLUNTARY LIFE INSURANCE RATES PER $1,000 Benefit Premium Rate Voluntary Term Life See the following Step Rate Table Voluntary Spouse See the following Step Rate Table Voluntary Child per unit $0.100 VOLUNTARY LIFE INSURANCE STEP RATES PER $1,000 FOR EMPLOYEE AND SPOUSE Age Employee Spouse <20 $0.040 $0.040 20-24 $0.040 $0.040 25-29 $0.040 $0.040 30-34 $0.050 $0.050 35-39 $0.080 $0.080 40-44 $0.150 $0.150 45-49 $0.290 $0.290 50-54 $0.430 $0.430 55-59 $0.850 $0.850 60-64 $1.190 $1.190 65-69 $1.970 $1.970 70-74 $4.500 75-79 $4.500 80-84 $4.500 85-89 $4.500 90-94 $4.500 95-99 $4.500 The above premium rates are for active employees only. Rates for ported insureds are based on the company's pooled experience for ported certificates and are higher than active employee rates. Rates for ported insureds are renewed annually and are not subject to any rate guarantee proposed for active employees. Rates are guaranteed for 3 Years This Summary is valid for 90 days from the date prepared. 6 PORTED LIFE INSURANCE STEP RATES PER $1,000 FOR EMPLOYEE AND SPOUSE Age Rate <20 $0.153 20-24 $0.144 25-29 $0.153 30-34 $0.177 35-39 $0.190 40-44 $0.243 45-49 $0.384 50-54 $0.726 55-59 $1.347 60-64 $2.461 65-69 $4.065 70-74 - 75-79 - 80-84 - 85-89 - 90-94 - 95-99 - Rates for ported insureds are based on the company's pooled experience for ported certificates and are higher than active employee rates. Rates for ported insureds are renewed annually and are not subject to any rate guarantee proposed for active employees. VOLUNTARY TERM LIFE COMMISSION SUMMARY Rates include 5% Commission 7 CIGNA Group Insurance Term Life Proposal Assumptions • Unless stated otherwise in the class definition(s), our eligibility requirements assume that employees are working on a full- time basis, and citizens of the United States, and working in the United States. Part-time, seasonal, temporary, contracted, leased or severed employees are not eligible, unless otherwise noted. • The rates and fees quoted within the proposal are based on information furnished to CIGNA Group Insurance for the purpose of developing a proposal of group insurance. CIGNA Group Insurance has assumed that the demographic and plan design information provided will be an accurate representation of your company at the time of implementation. • The rates and fees quoted within this proposal may be changed if the census information provided for the company changes by +/- 10%. • The Term Life rate guarantee is subject to the policy's termination provision. Should the Basic Term Life plan terminate, CIGNA Group Insurance reserves the right to terminate any Voluntary Term Life policy or agreement that might be in effect. • If employee participation on any Term Life product is less than the levels detailed on the Schedule of Benefits Summary Page, then CIGNA Group Insurance reserves the right to not issue coverage or to adjust the rate(s) in this proposal. • For plans with dependent coverage, employees can be insured only once under the Basic plan and once under the Voluntary plan as either a(n) Employee, Spouse, Domestic Partner or Dependent Child. • CIGNA Group Insurance contract language will be used without modification. CIGNA Group Insurance will not duplicate the existing policy language but will attempt to match the intent of disclosed policy provisions at the time of quote. • This proposal is neither an insurance contract nor an agreement for administrative insurance services. Should your company decide to install the plan of benefits described within this proposal; your company's representative will receive a contract of insurance, plan documents, and/or service agreement that describes the final benefit and service selections agreed to by you, the employer, and CIGNA Group Insurance. • Certificates of insurance are issued electronically as PDF files, which provide a more efficient and rapid way of communicating benefit information to employees. An initial supply of standard printed certificates can be made available at the request of the policyholder. • Medical Underwriting Activity Reports (reporting status of medically underwritten coverage) are sent to the location(s) of the employer and are typically distributed on a monthly basis. • The terms and availability of this proposal are subject to the laws of the jurisdiction in which the policy is issued and may change depending on the individual state in which the group policy and agreements are delivered. • This proposal is valid for 90 days and assumes a minimum required lead time for implementation of 6 weeks. • CIGNA Group Insurance companies have entered into, or may enter into, agreements with brokers, under which the insurance company compensates brokers for providing marketplace intelligence and other services intended to enhance the effectiveness of the insurance company's business. CIGNA Group Insurance companies may invite brokers to participate in events sponsored by the insurance company for the same purpose. Any compensation paid may be based on meeting targets for new business production and persistency, and if paid, is funded from the insurance company's overhead and is based on the broker's overall book of business with the insurance company. Any such payments are separate from the commissions, and if applicable, will be included in ERISA Form 5500, Schedule A information provided by the insurance company. POLICY PROVISIONS 8 Active Service Definition An Employee will be considered in Active Service with the Employer on a day which is one of the Employer's scheduled work days if either of the following conditions are met. • He or she is actively at work. This means the Employee is performing his or her regular occupation for the Employer on a Full-time basis, either at one of the Employer's usual places of business or at some location to which the Employer's business requires the Employee to travel. • The day is a scheduled holiday, vacation day or period of Employer approved paid leave of absence, other than disability or sick leave after 7 days*. An Employee is considered in Active Service on a day which is not one of the Employer's scheduled work days only if he or she was in Active Service on the preceding scheduled work day. *7 days is variable and may be adjusted to align with sick leave/disability policies Takeover Provision Employees not in Active Service on the effective date will be provided a death benefit equal to the lesser of: • the amount that would be due under our plan (without regard to Active Service), or • the amount that would have been due under the prior plan had it remained in force. The benefit amount will be reduced by any amount paid by the prior plan, or that would have been paid had our plan not been issued and had timely filing of the claim been made under the prior plan. These terms will end on the earliest of: • the date the Employee meets the Active Service requirements; • the date insurance terminates; • 12 months after the plan effective date; or • the last day the Employee would have been covered under the prior plan if that plan was still in force. This provision is only available when the policy which is being replaced includes a fully insured Waiver of Premium provision which continues coverage beyond the policy termination. Minnesota Continuation Rider Employees and eligible covered dependent currently covered or eligible for coverage under Minnesota Continuation with the prior carrier and paying premiums directly to the Employer will be provided a death benefit and conversion rights by CIGNA for the remaining 18 months of the individual's continuation period. This benefit is not provided to employees who are billed for premium following termination of employment by the insurance carrier. It is only available to employees for whom the employer is collecting and remitting premium contributions. Employees who are actively at work on the group policy effective date and then terminate are provided the full schedule of benefits associated with the employee's respective class through the Minnesota Continuation Provision. Coverage will be provided until the earliest of: • The date the employee becomes covered under another group policy • The Maximum Benefit Period shown in the Schedule of Benefits (18 months) • The end of the period for which the Employee fails to pay the required premium to the Employer; or • Termination of the group policy Dependent Effective Date Requirement If an eligible spouse or child is: • an inpatient in a hospital, hospice, or rehabilitation or convalescence center, or custodial care facility; or • confined to his or her home under the care of a Physician on the date insurance would otherwise be effective, it will be effective on the date he or she is no longer an inpatient in these facilities or confined at home. POLICY PROVISIONS 9 If such spouse or child was covered by the prior plan immediately prior to the effective date, this requirement will apply only to any increase in coverage. Guaranteed Issue • We have listed guaranteed issue amounts for new employees, spouses and dependent children in the Summary of Benefit pages. Requests for higher amounts, if applicable, require medical underwriting. • Increases in employee coverages are subject to evidence of insurability, except as noted under other provisions • All increases in spouse coverage require medical underwriting • Late applications for employee and spouse coverage require medical evidence of insurability Rate Guarantee Rates are guaranteed for Period indicated on the Summary Pages unless there are changes in: • Policy terms; • Divisions, subsidiaries, affiliates or employee classes are added or deleted; • The factors bearing on the risk assumed; • Federal or state law or regulation affecting insurance company benefit obligations; or • Any rate guarantee is subject to the insurance company's right to terminate the group policy on any premium due date with 31 days notice Producer Compensation CIGNA Group Insurance companies may have entered into, or may enter into, agreements with brokers, under which the insurance company compensates brokers for providing marketplace intelligence and other services intended to enhance the effectiveness of the insurance company's business. CIGNA Group Insurance companies may invite brokers to participate in events sponsored by the insurance company for the same purposes. Any compensation paid may be based on meeting targets for new business production and persistency, and, if paid, is funded from the insurance company's overhead and is based on the broker's overall book of business with the insurance company. Any such payments are separate from commissions and, if applicable, will be included in ERISA Form 5500, Schedule A information provided by the insurance company. This is not a contract... This proposal outlines in general some of the important features of the proposed group insurance program. The controlling provisions will be in the group insurance policy, and this proposal is not intended in any way to modify the provisions or their meanings. If you decide to purchase the plan proposed here, we will send you a policy that fully describes all of the provisions of the group term life insurance coverage to which you and Life Insurance Company of North America have agreed. The proposal is valid for 90 days. To accept the terms of this proposal, you must notify the insurance company of your acceptance by that date, and pay premium equal to the Total Basic Estimated Monthly Cost on the Schedule of Benefits Summary. This proposal may be withdrawn by the insurance company at any time before acceptance. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: April 15, 2008 DEPARTMENT/DIVISION: Office of City Manager, Information Technology/Lisa Wu ITEM DESCRIPTION: Declare obsolete computer equipment as surplus ITEM NO.: VIII.Q. Requested Action Move to: Declare obsolete computer equipment as surplus and authorize the City Manager to dispose of property to manage end of life computers, monitors and electronics using Asset Recovery Corporation’s services and the State of Minnesota as authorized under City Code Section 2.86, Subd. 3. Synopsis The City has a surplus of end of life computer equipment. The computer equipment is of no use and will be recycled for the cost of $0.15 per pound. All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3. Attachment List of Surplus Equipment 17" Monitor dell EBPSX 17" Monitor dell EBQ23 17" Monitor dell M761U 17" Monitor dell EBQ1N 17" Monitor dell FL7KR 17" Monitor dell 9L5GE 17" Monitor dell SAFJ 17" Monitor dell CLT9D 17" Monitor dell FDPG8 17" Monitor dell E802J 17" Monitor dell NG1MR 17" Monitor dell DFT84 17" Monitor dell CLT9V 19" Monitor dell HBWZ6 17" Monitor dell EP6RD 17" Monitor dell 2B645 17" Monitor dell JAS5S 17" Monitor dell N01HD 17" Monitor dell 1G34B 17" Monitor dell B2B4SX 17" Monitor dell RAQAD 17" Monitor dell 2BKD8 21" Monitor HP HV8SA 17" Monitor dell 9EP4H 17" Monitor dell CET6C 17" Monitor dell 5EPQA 17" Monitor dell JAS5P 17" Monitor dell JAS5L 17" Monitor dell JAS5F 17" Monitor dell J80LY 17" Monitor dell 5BRBF 17" Monitor dell EBQ13 17" Monitor dell S80FN 17" Monitor dell S80LF 17" Monitor dell RBBLZ 17" Monitor dell 4LLE9 17" Monitor dell 2B644 17" Monitor dell SB97T 17" Monitor dell 8BAFU 17" Monitor dell M007W 17" Monitor dell 8UA1VYEE6LR CITY COUNCIL AGENDA SECTION: Public Hearings DATE: April 15, 2008 DEPARTMENT/DIVISION: Community Development/ Planning Janet Jeremiah/Regina Herron ITEM DESCRIPTION: Top Dog Country Club & Vet Clinic ITEM NO.: IX.A. Requested Action Move to: • Close the Public Hearing and return the development plans to the proponent without prejudice. Synopsis This is a continued item from the February 12, 2008 City Council meeting. The applicant, Fendler Patterson Construction Inc, is withdrawing the project from further review with the City Council. (See attached letter dated April 8, 2008.) Background Information The 120-Day Review Period Expires on April 21, 2008. Attachments 1. April 8, 2008 letter requesting a withdrawal of the project. Fendler P erson IN CONSTRUCTION April 8, 2008 City of Eden Prairie Attn: Michael Franzen 8080 Mitchell Road Eden Prairie, MN 55344-4485 Re: Top Dog Country Club and Vet Clinic Dear Mr. Franzen; Fendler Patterson Construction, Inc., on behalf of Grootwassink Real Estate, respectfully withdraws our application for the Top Dog Country Club and Vet Clinic. We are no longer seeking City approval of this project. Thank you for your time in review and consideration of this project. Sincerely, Fenkller Patterson Construction, Inc. 1? r David I-Ie-aker, Sit. Project Manage Cc: Grootwassink Real Estate 4839 West 124 th Street Savage, MN 55378 • Lic. #20011239 • Tel. 952-890-4364 Fax 952-890-2916 www.fendlerpatterson.com CITY COUNCIL AGENDA SECTION: Public Hearings DATE: April 15, 2008 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/ Regina Herron ITEM DESCRIPTION: Eden Prairie Marketplace Retail ITEM NO.: Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 1.25 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to Commercial Regional Service on 1.25 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis The project is a 10,528 square foot retail building. A PUD waiver is required for front yard parking setback waiver from 17.5 feet to 11.58 feet. The reduced setback allows for a rainwater garden along the north property line and a wider sidewalk at the base of the building. Background Information The 120-Day Review Period Expires on July 7, 2008. Planning Commission Recommendation The Planning Commission voted 9-0 to recommend approval of the project at the March 24, 2008 meeting. Attachments 1. Resolution 2. Staff Report 3. Location Map 4. Land Use Map 5. Zoning Map 6. Planning Commission Minutes EDEN PRAIRIE MARKETPLACE RETAIL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF EDEN PRAIRIE MARKETPLACE RETAIL FOR POSITIVE PARTNERS, 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 March 24, 2008, on Eden Prairie Marketplace Retail by Positive Partners, 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 April 15, 2008. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Eden Prairie Marketplace Retail, 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 April 7, 2008. 3. That the PUD Concept meets the recommendations of the Planning Commission March 24, 2008. ADOPTED by the City Council of the City of Eden Prairie this 15th day of April, 2008. _______________________ Phil Young, Mayor ATTEST: ______________________________ Kathleen Porta, City Clerk EXHIBIT A PUD Concept- (Eden Prairie Marketplace Retail) Legal Description: Lot 2 Block 1, Minnesota Tree 4th Addition Metropolitan Urban Service Line (MUSA) Creeks Principal Arterial A Minor Arterial B Minor Arterial Major Collector Minor Collector Land Use Guide Plan Map Eden Prairie Marketplace Retail SE Corner of Valley View Road and Prairie Center Drive ¹ Low Density Residential 0-2.5 Units/Acre Low Density/Public/Open Space Medium Density residential 2.5-10 Units/Acre Medium Density Residential/Office High Density Residential 10-40 Units/Acre Office Office/Industrial Office/Public/Open Space Industrial Neighborhood Commercial Community Commercial Regional Commercial Park/Open Space Public/Quasi-Public Golf Course Church/ Cemetary Open Water Right-Of-Way Flying Cloud Airport Boundary DATE Revised 02-23-06 DATE Approved 03-19-03 DATE Revised 01-07-05 DATE Revised 11-07-05 DATE Revised 03-23-06 DATE Revised 06-23-06 DATE Revised 12-06-06 DATE Revised 03-01-07 DATE Revised 06-01-07 DATE Revised 11-30-07 Not to Scale SITE Valley View Road Plaza Drive Prairie Center Drive HWY 5 No Scale Area Location Map - Eden Prairie Market Place Retail Address: SE Corner of Valley View Road and Prairie Center Drive Valley View Road Prairie Center Drive SITE Plaza Drive ¯ HWY 5 Zoning Map Eden Prairie Marketplace Retail SE Corner of Valley View and Prairie Center Drive In case of discrepency related to a zoning classification on this zoning map, the Ordinance and attached legal description on file at Eden Prairie City Center will prevail. ¯ Shoreland Management Classifications 100 - Year Floodplain Natural Environment Waters Recreational Development Waters General Development Waters (Creeks Only)GD NE RD Up dated through Ordinance #21-2 007 Ordin ance #33-20 01 (BFI Addition ) approved, but not shown on this map edition Date: Novem ber 30, 2007 Rural R1-44 One Family- 44,000 sf. min. R1-22 One Family-22,000 sf min. R1-13.5 One Family-13,500 sf min. R1-9.5 One Family-9,500 sf min. RM-6.5 Multi-Family-6.7 U.P.A. max. RM-2.5 Multi-Family-17.4 U.P.A. max. Office Neighborhood Commercial Community Commercial Highway Commercial Regional Service Commercial Regional Commercial Industrial Park - 2 Acre Min, Industrial Park - 5 Acre Min. General Industrial - 5 Acre Min. Public Golf Course Water Right-of-Way Valley View Road Plaza Drive SITE Not to Scale Prairie Center Drive HWY 5 STAFF REPORT TO: Planning Commission FROM: Regina Herron, Planner II DATE: March 21, 2008 PROJECT: Eden Prairie Marketplace Retail LOCATION: South East corner of Valley View Road and Prairie Center Drive APPLICANT: Positive Partners, LLC OWNERS: Walter and Elsa Carpenter Charitable Remainder Trust The Minneapolis Foundation 120 DAY REVIEW: Expires July 7, 2008 REQUEST: 1. Planned Unit Development Concept Review on 1.25 acres 2. Planned Unit Development District Review on 1.25 acres 3. Zoning District Change from Rural to Commercial Regional Service on 1.25 acres 4. Site Plan Review on 1.25 acres Staff Report – Eden Prairie Marketplace Retail March 21, 2008 Page 2 BACKGROUND The Comprehensive Guide Plan shows the 1.25 acre property for Regional Commercial land use. Surrounding land uses consist of Regional Commercial and Office. The property is zoned Rural. In February 2007, the Planning Commission approved a plan for Associated Bank. Associated bank withdrew the project after Planning Commission approval. MAJOR CENTER AREA STUDY The site is located in Subarea 1 of The Major Center Area Study. Subarea 1 is located north of Highway 5, west of I-494 and south of Valley View Drive. The current uses within Subarea 1 include retail with no forecasted significant increases in density or intensity. The MCA land use plan shows this site for Neighborhood Retail or Office. The proposed retail use is an appropriate use for Subarea 1. SITE PLAN The project is a 10,528 square foot retail building. The site has a base area/floor area ratio of 0.19. City code permits up to a 0.20 base area ratio and a 0.40 floor area ratio in the Commercial Regional Service zoning district. The code requires 53 parking spaces. The proposed plan shows 53 spaces parking spaces. A cross-access easement is required for the shared driveway and access to the neighboring property owners to the south and east. PLANNED UNIT DEVELOPMENT WAIVERS The following PUD waiver is proposed: 1. Front yard parking setback waiver to 11.58 feet. City Code requires 17.5 feet. The reduced setback allows for a rainwater garden along the north property line and a wider sidewalk at the base of the building. TREE REPLACEMENT AND LANDSCAPING There are 160 caliper inches of significant trees on the property. Tree loss is 56 inches, resulting in 40 caliper inches of tree replacement. A total of 40 caliper inches are provided meeting code. The landscaping requirement is 32.9 caliper inches based on the building size. A total of 41 caliper inches are provided meeting code. Staff Report – Eden Prairie Marketplace Retail March 21, 2008 Page 3 GRADING AND DRAINAGE Four rainwater garden infiltration basins are provided along the south and north property lines to collect and treat stormwater. ARCHITECTURE The building meets the exterior building material standards of at least 75% face brick, natural stone, and glass on the north, south, and west elevations. The east elevation is 69% brick and 31% E.I.F.S. The plans should be revised to meet the city code. SIGNS The freestanding sign should be relocated to meet the 15 foot required setback. The proposed wall signs meet city code. SITE LIGHTING Parking lot lighting is downcast-cutoff fixtures on 22-foot poles. STAFF RECOMMENDATIONS Recommend approval of the following request: 1. Planned Unit Development Concept Review on 1.25 acres 2. Planned Unit Development District Review on 1.25 acres 3. Zoning District Change from Rural to Commercial Regional Service on 1.25 acres 4. Site Plan Review on 1.25 acres This is based on plans stamp dated March 5, 2008 and the following conditions: 1. Prior to City Council Review, the proponent shall: A. Revise plans to meet the 75% face brick, natural stone, and glass exterior building requirement on the east elevation. B. Revise plans to meet the 15 foot required setback for the freestanding sign. 2. Prior to grading permit issuance, the proponent shall: A. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. B. Notify the City and Watershed District 48 hours in advance of grading. Staff Report – Eden Prairie Marketplace Retail March 21, 2008 Page 4 C. Install erosion control at the grading limits. 3. Prior to building permit issuance for the property, the proponent shall: A. Provide a tree replacement/landscaping surety equivalent to 150% of the cost of the landscaping plan for 81 caliper inches for review and approval. B. Review the plans with the Fire Marshal C. Provide a Cross-Access Easement for review and approval. D. Provide samples of exterior materials for review and approval. E. Pay the Cash Park Fee. 4. The following waivers have been granted through the PUD District Review for the property: A. Front yard parking setback waiver to 11.58 feet. City Code requires 17.5 feet. DRAFT MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, MARCH 24, 2008 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Vicki Koenig, Jerry Pitzrick, Frank Powell, Peter Rocheford, Kevin Schultz, Fred Seymour, Ray Stoelting, Jon Stoltz STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Rodney Rue, Assistant City Engineer Regina Herron, Planner II Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE – ROLL CALL Chair Stoelting called the meeting to order at 7:00 p.m. II. APPROVAL OF AGENDA MOTION by Seymour, seconded by Stoltz, to approve the agenda. Motion carried 9-0. III. PUBLIC HEARINGS A. EDEN PRAIRIE MARKETPLACE Request for: Planned Unit Development Concept Review on 1.25 acres; Planned Unit Development District Review on 1.25 acres; Zoning District Change from Rural to Commercial Regional Service on 1.25 acres; Site Plan Review on 1.25 acres. Steve Oliver, representing Positive Companies, presented the proposal. He pointed out the project is located on the corner of Valley View Drive and Prairie Center Drive. He illustrated the shared access of the site utilizing the overhead projector. He also pointed out because of the large power lines on the south side of the property, they are requesting an easement. Also, because of the larger sidewalks, it has created smaller setbacks in the area. Mr. Oliver pointed out the fencing on the property would be a black rod iron type of fencing and there would be four rain gardens on site. He stated the building layout would be very simple; and showed illustrations of the building. For the exterior, they are trying to use very traditional methods to create a nice detail on the building. They will be using two different sizes of bricks to create variations in size and color. Effuse will be employed on the east face of the building. They will be using black fabric awnings and an accent light on the building. Stoelting asked Herron to review the staff report. Herron said there are two items in the staff report for Staff recommendation, prior to City Council Review. They are for the project proponent to revise plans to meet the 75% face brick, natural stone, and glass exterior building requirement on the east elevation, and revise plans to meet the 15 foot required setback for the freestanding sign. Staff recommendation is for approval. Stoelting opened the meeting up for public input. Nancy Arieta, of 10785 Valley View Road, #207, Eden Prairie, stated when she first read about this project she had some concerns. She asked what type of business would be going into the area and if this area is going to have a large traffic flow, she would like to make sure parking is made easy in the area. She pointed out angle parking is easier to get in and out of the area than going straight in and out. In regards to the building design, she would like to see it be more unique. She feels like all of the buildings in Eden Prairie look similar in regards to architectural design. In regards to the bike path, she wanted to know if it was a bike path or a sidewalk. She also wanted to know how long the rain gardens would be kept up for. Stoelting asked Mr. Oliver to address what type of business would be going into the area, what type of parking would there be, and if the rain gardens would be maintained and if the bike path is considered the sidewalk. Mr. Oliver stated he was unsure what types of businesses would be going in, but said it would most likely be small service retail businesses. He pointed out there are a lot of constraints with parking; and because of that they will be missing a lot of site access. He said the two-way circulation with straight-in parking is very typical. There will also be three handi- capped parking stalls set up; which is what Code dictates. In regards to the bike path, he pointed out it is not the scope of their project because it is City owned. Bob Wiegert, architect on the project, addressed the issue of the rain gardens. He said rain gardens are consistent with landscaping and that there will be a substantial amount of maintenance initially to take care of them. Mr. Oliver stated it is a requirement of the owner to take care of the property, which can also be enforced by the City. Stoelting asked Herron to address the architectural design of the building. Ms. Herron said when the project initially came in they had worked with the project proponent to vary the roof lines and adjust the architectural plans in regards to City recommendations. Stoelting asked Fox to address the issue of the sidewalk. Fox said it was City owned and they would be responsible for taking care of it. Stoelting asked the project proponent if he had any problems conforming to the request by Staff in regards to signage and exterior building materials. Mr. Oliver stated he would like to see the plan approved as is, but would be willing to take back the plan and do revisions. He stated in regards to signage, they could use a lower level sign, wrapping it around the building. In regards to the east elevation, they initially had it as a full concrete block, but recently changed it, adding effuse and brick. Herron pointed out that currently they only have 69% of the City’s 75% requirement for this. Oliver stated they have reworked the plan and considered the 75% to be the whole building and not just one side. He also said he would be willing to adjust this if necessary. Kirk said he would like to see where the monument sign would be located and what the lower sign would look like. Mr. Oliver utilized the overhead projector to show the placement of the sign. Pitzrick asked if the rain garden could be reconfigured to accommodate the sign. Mr. Wiegert said it would be difficult to reconfigure the rain garden because of the easement in the area. Pitzrick said he was concerned with cars driving through the Hound Dog facility and the day care parking lot and felt motorists might feel this was a frontage road. Rue said he does not anticipate any issues with speeding in the area because it is not that long of an area. Pitzrick asked if speed bumps could be put in. Rue said since it is on private property, the owners would have to put them in. Koenig wanted to thank the project proponent for using rain gardens. She asked how many feet the easement in the back of the building was. Mr. Oliver said it was 53 feet. Koenig asked if the poplars on this site would be saved. Mr. Oliver said some would be saved, along with some of the evergreens. Kirk said he sees some dilemma with the sign and asked the Commission Members what their thoughts were on this issue. Koenig said she has some concerns because she does not want to see the rain garden disturbed. Herron pointed out that normally the City does not allow for variances on a 0 foot setback. Rue said in regards to projects, a lot of things have to be balanced. If there is a sign on the corner, you need to make sure the people can see when approaching this, and if it would mean moving the rain garden, that is something that would have to be done. Seymour said the signage does not seem to be in a logical location and asked if it could be put in a different location. He also said he does not think the monument sign is needed. Rocheford concurred with Seymour. Stoelting asked the project proponent if the monument sign was necessary. Mr. Oliver said he would have to ask the owner that question. Seymour said he does not want to allow the variance request for the sign. Nancy Arieta, of 10785 Valley View Drive, asked what type of businesses would be in the area. Stoelting said initially there was supposed to be a bank in the area, but they withdrew and currently they do not have a tenant. Herron said it will most likely be small retail type shops. Ms. Arieta said three handi-capped stalls do not seem efficient. Mr. Oliver said the three stalls for retail use is what is required of them. Schultz said the parking issue has come up numerous times and asked Herron to address this issue. Herron stated they meet the parking code requirements, per City Code. MOTION by Rocheford, seconded by Koenig, to close the public hearing. Motion carried 9-0. MOTION by Rocheford, seconded by Seymour, to recommend approval of the Planned Unit Development concept Review on 1.25 acres; Planned Unit Development District Review on 1.25 acres; Zoning District Change from Rural to Commercial Regional Service on 1.25 acres and Site Plan Review on 1.25 acres based on plans stamped dated March 5, 2008, and the staff report dated March 21, 2008. Stoelting asked if there was any discussion on the motion. Koenig asked the Commission Members if they considered a continuance of this project before it goes to the City Council. Commission Members said they were fine with approving the project. Motion carried 9-0. CITY COUNCIL AGENDA SECTION: Public Hearings DATE: April 15, 2008 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah Michael D. Franzen ITEM DESCRIPTION: Temporary Real Estate Sign Ordinance – 1st Reading ITEM NO.: IX.C. Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance amending City Code Section 11.70 relating to temporary real estate signs. Synopsis The proposed change is to add another day and time period for temporary offsite directional signs used for selling or leasing a single property. The proposed change would also allow two (2) temporary off-site directional signs to be located on private property with permission from the property owner between 9:00 a.m. and 3:00 p.m. on Tuesday. Background Information The existing code permits two (2) temporary off-site directional signs to be located on private property with the permission of the property owner from 10:00 p.m. Friday to 6:00 a.m. on Monday. Second reading of the ordinance is listed in the Ordinance and Resolution section of the agenda. Planning Commission Recommendation The Planning Commission voted 8-0 to recommend approval of the code changes at the March 24, 2008 meeting. Attachment 1. Proposed Ordinance 2. PC Staff Report March 21, 2008 3. PC Minutes March 24, 2008 SIGN CODE CHANGE – TEMP. SINGLE PROPERTY SIGNS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. __-2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.70 RELATING TO SIGN PERMITS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 11.70, Subd. 3 “General Provisions Applicable to all Districts.”, K. is amended by deleting K. 3. (b) in its entirety and replacing it with the following: (b) Signs may be erected only from 10:00 p.m. Friday to 6:00 a.m. Monday and 9:00 a.m. to 3:00 p.m. on Tuesday. Source: Ordinance No. 00-2008 Effective Date: 00-00-2008 Section 2. City Code Chapter 1, entitled “General Provisions and Definitions Applicable to Entire City Code including Penalty for Violation” and Section 11.99, entitled “Violation a Misdemeanor” are herby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 00rd day of MONTH, 2008, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 00rd day of MONTH, 2008. ___________________________________ ___________________________________ Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on____________________, 2008. STAFF REPORT: TO: Planning Commission FROM: Steve Durham, Planner II, Michael D. Franzen, City Planner DATE: March 21, 2008 SUBJECT: Sign Code Change For Real Estate signs applicable in all Zoning Districts PROPOSED SIGN CODE CHANGE – “General Provisions Applicable to All Districts.” The proposed change is to add another day and time period for temporary offsite directional signs used for selling or leasing a single property. The existing code permits two (2) temporary off-site directional signs to be located on private property with the permission of the property owner from 10:00 p.m. Friday to 6:00 a.m. on Monday. The proposed change would also allow two (2) temporary off-site directional signs to be located on private property with permission from the property owner between 9:00 a.m. and 3:00 p.m. on Tuesday. BACKGROUND At the February 12, 2008 City Council meeting, realtors made a request during open podium that the City consider changing the code to also allow off-site directional signs on Tuesday. Tuesday is the designated day realtors show properties to listing agents. STAFF RECOMMENDATION The staff recommends approval of the code change. DRAFT MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, MARCH 24, 2008 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Vicki Koenig, Jerry Pitzrick, Frank Powell, Peter Rocheford, Kevin Schultz, Fred Seymour, Ray Stoelting, Jon Stoltz STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Rodney Rue, Assistant City Engineer Regina Herron, Planner II Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE – ROLL CALL Chair Stoelting called the meeting to order at 7:00 p.m. II. APPROVAL OF AGENDA MOTION by Seymour, seconded by Stoltz, to approve the agenda. Motion carried 9-0. PUBLIC HEARINGS SIGN CODE CHANGE IN GENERAL PROVISION APPLICABLE TO ALL DISTRICTS – TEMPORARY SINGLE PROPERTY SIGNS Herron presented the proposal; it is as follows. The existing code permits two temporary off-site directional signs to be located on the private property with the permission of the property owner from 10:00 pm. Friday to 6:00 a.m. on Monday. The proposed change would also allow two temporary off-site directional signs to be located on private property with permission from the property owner between 9:00 a.m. and 3:00 p.m. on Tuesday. At the February 12, 2008 City Council meeting, realtors made a request during open podium that the City consider changing the code. They would like Tuesday added to the existing code because that is the day they present their open houses to other realtors. Herron said Staff recommendation is for approval. Stoelting asked Herron to utilize the overhead projector to illustrate some of the signs that might be seen out on the street corners. Herron showed what the sign would look like that would be displayed. Stoelting asked if the size of the sign was part of the code. Herron said it was not the size of the sign in question, but just the time it is displayed. Stoelting opened the meeting up for public input. Lyndon Moquist, of 18696 Overland Trail, stated he is a real estate broker and has had signs removed from different areas by the Eden Prairie Police Department. He pointed out Tuesdays are the time when they have open houses of their homes for viewing by other realtors, and the signage is needed for additional direction. Nancy Arieta, of 10785 Valley View Road, said she became aware of this signage request from reading the local newspaper and pointed out she is not in favor of adding a Tuesday to this Code because she feels other businesses might want to do the same thing. She feels the weekend is sufficient for signage and also views these signs as a distraction. Brian Duoos, of 7160 Willow Creek Road, stated it is not that they wanted additional signage, but just to add one more day to the Signage Code. Lyndon Moquist wanted to add that these signs serve a purpose and Tuesdays would benefit the realtors, who in turn could sell the homes. Bill Gerst, of the Minneapolis Area Association of Realtors and a resident of White Bear Lake, pointed out there is a lot of real estate transactions taking place in Eden Prairie and the Tuesday piece would allow realtors coming in from other areas to be able to locate and view properties. Pam Bamben, of 8241 Hiawatha Circle, is the realtor who initially started this request because she had signs confiscated. When she went to City Hall to retrieve these signs she said she was made aware that she could not have signs up on Tuesdays. She was unaware of that portion of the code. MOTION by Schultz, seconded by Powell, to close the public hearing. Motion carried 9-0. MOTION by Schultz, seconded by Powell, to recommend approval of the code change for temporary single property signs. Motion carried 8-0, with 1 abstention. CITY COUNCIL AGENDA SECTION: Public Hearing DATE: April 15, 2008 DEPARTMENT/DIVISION: Denise Christensen Public Works / Engineering ITEM DESCRIPTION: Vacation 08-01 Vacation of the Public Right-of-Way Easement over Part of Eden Road ITEM NO.: IX.D. Requested Action Move to: Close the public hearing; and Adopt the resolution vacating the Public Right-of-Way Easement over part of Eden Road. Synopsis The Property Owner has requested the vacation of the public right-of-way easement over a part of Eden Road to facilitate the proposed Windsor Plaza development plan. Background Information The requested vacation will remove the underlying encumbrance consisting of the right-of-way easement for a portion of Eden Road to accommodate the Windsor Plaza development project. The Windsor Plaza project consists of a mixed use office, retail and restaurant uses. The project will provide cross-access to the existing uses that will continue to take access from Eden Road. Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- VACATION OF THE PUBLIC RIGHT-OF-WAY EASEMENT OVER PART OF EDEN ROAD VACATION 08-01 WHEREAS, the City of Eden Prairie has (a) certain Public Right-of-Way Easement described as follows: That part of Eden Road (formerly Town Road as shown on the plat of Auditor's Subdivision Number 335), being in the Northeast Quarter of Section 14 Township 116, Range 22, Hennepin County, Minnesota lying over, under, and across a vacation which is easterly and southerly of the following described line: Beginning at the northernmost intersection of the west line of the NE 1/4 of Section 14, Township 116, Range 22 with Lot 1, Block 1, WINDSOR PLAZA; thence North 01 degrees 00 minutes 24 seconds East, assumed bearing along said west line, a distance of 12.00 feet; thence North 89 degrees 59 minutes 24 seconds East a distance of 33.01 feet to the easterly right of way of said Eden Road, also being a west line of said Lot 1, Block 1, and said line there terminating. WHEREAS, a Public Hearing was held on April 15, 2008, 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 Public Right-of-Way Easement has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said Public Right-of-Way 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 Public Right-of-Way Easement described as above 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 April 15, 2008. ________________________ Phil Young, Mayor ATTEST: SEAL _______________________ Kathleen Porta, City Clerk t VAC 08-01 NORTH LOCATION MAP M•n•=11teimistelfm•.. 708AOSWAL.• Iklakeld.MINEM RPM 8111143741.11 RIK BOHM 10111111. IiI81.1511 wavem•Sqlpem Windsor Plaza Odes Rah* Wawa, vcanneasnria.eity me. 3/11/08 Ewa 1 OP 1 Vacation Sketch I w Premed foe: Windsor Plaza LLC MOD Meeks Lave Eden Ruble, Mhuaesoin 53344 Call 48 Hours before digging: GOPHER STATE ONE CALL Twin City Area 851-454-0002 Mn. Tell Free 1-800-252-1188 2007 Westwood Professional Services, Inc. Sinfietree Lane PROPOSED VACATION DESCRIPTION L.V I BLOCK 2 t, 1"- 0 UTLOT 8 r^ That part of Eden Road (formerly Town Road as Moen on the plat of Auditor's Subdivision Number 335), being in the Northeast Quarter of Section 14 TorenshM 116, libnge 20 Hennepin County Minnesota bing over, under, and clones a vacation which is easterly and southerly of the following described line: BegernMg at The northernmost Mtersection of the west line of the NE V4 of Section 14, lownship 116, Range 22 with Lot I, Block I. 110NOSOR PLAZA; thence North 01 degrees 00 minutes 24 seconds East, assumed bearing along sold west ibui,0 d.tance of 12.00 &eh thence North 89 degrees 59 minutes 24 stream. East a distance of 3501 feet to the easterly right of way of said Eden Rom( also being a west ible of said Lot?. &ode 1, and acid line there terminating. Easement contains 396 sq. ft. SS9527.10.E. 173.44 n c0 -3 Se.: I , SO het Shorksre tuned on assumed datum VACATION 08-01 NOTICE OF VACATION OF THE PUBLIC RIGHT-OF-WAY EASEMENT OVER PART OF EDEN ROAD 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 April 15, 2008 at 7:00 p.m. to hear all persons present upon the proposed vacation of all the Public Right-of-Way Easement described as follows: That part of Eden Road (formerly Town Road as shown on the plat of Auditor's Subdivision Number 335), being in the Northeast Quarter of Section 14 Township 116, Range 22, Hennepin County, Minnesota lying over, under, and across a vacation which is easterly and southerly of the following described line: Beginning at the northernmost intersection of the west line of the NE 1/4 of Section 14, Township 116, Range 22 with Lot 1, Block 1, WINDSOR PLAZA; thence North 01 degrees 00 minutes 24 seconds East, assumed bearing along said west line, a distance of 12.00 feet; thence North 89 degrees 59 minutes 24 seconds East a distance of 33.01 feet to the easterly right of way of said Eden Road, also being a west line of said Lot 1, Block 1, and said line there terminating. By Order of the City Council CITY OF EDEN PRAIRIE Published in the Eden Prairie News March 27, 2008 NOTIFICATION LIST VACATION REQUEST 08-01 A copy of the Public Hearing Notice is to be sent to owners of the following parcels: 14-116-22-13-0046 14-116-22-13-0047 14-116-22-24-0006 A copy of the Public Hearing Notice is to be sent to the following Utilities: CenterPoint Energy Comcast Qwest Communications Xcel Energy CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: April 15, 2008 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 172825 – 173607 Wire Transfers 2975 – 3008 (2998 – 3008 US Bank Purchasing Card Payment) City of Eden Prairie Council Check Summary 4/15/2008 Division Amount Division Amount General 54,675 701 Water Fund 187,398 100 City Manager 356 702 Sewer Fund 267,108 101 Legislative 3,071 703 Storm Drainage Fund 6,082 102 Legal Counsel 43,562 802 494 Commuter Services 14,227 104 Contingency 5,888 803 Escrow Fund 31,996 110 City Clerk 668 806 SAC Agency Fund 12,775 111 Customer Service 18,845 807 Benefits Fund 806,342 113 Communication Services 8,724 810 Workers Comp Insurance 55,859 114 Benefits & Training 3,751 811 Property Insurance 2,520 116 Facilities 61,134 812 Fleet Internal Service 119,193 117 City Center 107,461 813 IT Internal Service 93,942 119 Cmty Center - Facilities 144,001 *** US Bank-Purchasing Cards 40,811 130 Assessing 8,386 131 Finance 7,140 Report Totals 5,098,926 132 Housing and Community Services 130 133 Planning -766 135 Information Technology -480 136 Public Safety Communications 12,296 137 Economic Development 2,583 150 Park Administration 309 151 Park Maintenance 34,359 153 Organized Athletics 22,313 154 Community Center 47,176 156 Youth Programs 285 157 Special Events 42 158 Adult Recreation 3,407 159 Recreation Administration 447 160 Therapeutic Recreation 144 161 Oak Point Pool 222 162 Arts 642 163 Outdoor Center 1,288 164 Park Rental Facilities 132 180 Police 28,603 183 Emergency Preparedness 1,920 184 Fire 23,543 200 Engineering 4,001 201 Street Maintenance 60,775 202 Street Lighting 125,574 301 CDBG 353 303 Cemetary Operation 209 308 E-911 27,887 309 DWI Forfeiture 315 317 Eden Prairie Players 175 418 HRA 2002A Lease Revenue Bonds 1,050 421 2003A Park Bonds Refunding 431 423 2003C Open Space Bonds 431 502 Park Development 23,850 503 Utility Improvement 30,398 509 CIP Fund 366,011 515 Fire Station #4 2,340 519 Community Center Expansion 1,122,718 520 Parks Referendum 1,320 521 Trails Referendum 9,222 522 Improvement Projects 2006 10,323 523 3rd Sheet of Ice 345,687 524 Sprint / Nextel 6,726 601 Prairie Village Liquor 190,821 602 Den Road Liquor 296,428 603 Prairie View Liquor 184,200 605 Den Road Building 3,170 City of Eden Prairie Council Check Register 4/15/2008 Check # Amount Vendor / Explanation Account Description Business Unit 2975 124 ADMINISTRATION RESOURCES CORP Other Contracted Services Health and Benefits 2976 760 GENESIS EMPLOYEE BENEFITS, INC Other Contracted Services Health and Benefits 2977 26 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2978 30 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2979 365 WELLS FARGO MINNESOTA N A SS & Medicare Health and Benefits 2980 12,820 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2981 17,063 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2982 109,893 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2983 28,845 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2984 152,188 WELLS FARGO MINNESOTA N A SS & Medicare Health and Benefits 2985 433 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 2986 78,484 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 2987 50 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2988 181 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2990 1,153 WELLS FARGO MINNESOTA N A SS & Medicare Health and Benefits 2991 29,103 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2992 152,549 WELLS FARGO MINNESOTA N A SS & Medicare Health and Benefits 2993 12,781 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2994 17,166 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2995 109,398 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2996 12,410 US BANK TRUST HRA Health and Benefits 2997 18,561 DELTA DENTAL PLAN OF MN COBRA Health and Benefits 3007 40,323 US BANK 3008 488 US BANK 172825 306 A YELICH & ASSOCIATES INC General 494 Corridor Commission 172826 62 COMCAST General 494 Corridor Commission 172827 57 CULLIGAN BOTTLED WATER General 494 Corridor Commission 172828 95 EDINA CHAMBER OF COMMERCE General 494 Corridor Commission 172829 96 FEDEX KINKO'S OFFICE AND PRINT General 494 Corridor Commission 172830 557 INDEPENDENT SCHOOL DISTRICT NO General 494 Corridor Commission 172831 20 INTERNET EXPOSURE INC General 494 Corridor Commission 172832 141 MADISON, MELISSA General 494 Corridor Commission 172833 136 MEREDITH KATE General 494 Corridor Commission 172834 1,500 MESSERLI & KRAMER General 494 Corridor Commission 172835 8,328 MINNEAPOLIS DOWNTOWN COUNCIL General 494 Corridor Commission 172836 644 SOLUTION BUILDERS General 494 Corridor Commission 172837 656 TEMPFORCE General 494 Corridor Commission 172838 150 TWINWEST General 494 Corridor Commission 172839 181 VERIZON WIRELESS General 494 Corridor Commission 172840 153 WELLS FARGO BANK General 494 Corridor Commission 172841 588 CHATEAU LAMOTHE Special Event Fees Red Hat 172842 572 US POSTMASTER - HOPKINS Postage Senior Center Administration 172843 15 MTRA Dues & Subscriptions Recreation Administration 172844 378 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 172845 20 AMERICAN RED CROSS Licenses, Permits, Fees Pool Lessons 172846 201 AMERIPRIDE LINEN & APPAREL SER Repair & Maint. Supplies Prairie Village Liquor Store 172847 180 AMERITRAK Other Contracted Services Street Maintenance 172848 267 AMSAN LLC Cleaning Supplies Community Center Maintenance 172849 40 APA NORTHSTAR CHAPTER Dues & Subscriptions Finance 172850 215 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 172851 90 AT&T MOBILITY Pager & Cell Phone Water System Maintenance 172852 154 BARNES, BELINDA A. Other Contracted Services Volleyball 172853 192 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 172854 100 BCA BTS Tuition Reimbursement/School Police 172855 114 BEARING INDUSTRIAL & SUPPLIES Equipment Parts Water Treatment Plant 172856 4,520 BELLBOY CORPORATION Wine Imported Prairie Village Liquor Store 172857 120 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs - Security Community Center Maintenance 172858 335 BOYER TRUCKS Equipment Parts Fleet Operating 172859 186 BRW ENTERPRISES Wine Domestic Den Road Liquor Store 172860 367 CARRON NET COMPANY, INC Recreation Supplies Volleyball 172861 500 CAT & FIDDLE BEVERAGE Wine Imported Prairie Village Liquor Store Check # Amount Vendor / Explanation Account Description Business Unit 172862 192 CLAREYS INC Office Supplies General 172863 60 COMCAST Dues & Subscriptions City Council 172864 306 CONNEY SAFETY PRODUCTS Office Supplies General 172865 100 CONROY, PATRICIA Refunds Environmental Education 172866 295 CONSOLIDATED CONTAINER CO LLC Other Contracted Services Police 172867 529 CORPORATE EXPRESS Operating Supplies Engineering 172868 212 COSTCO Operating Supplies Fire 172869 220 CRIPE, JACQUELYN V Other Contracted Services Volleyball 172870 95 CRYSTEEL TRUCK EQUIPMENT Equipment Parts Fleet Operating 172871 157 CYCLONAIRE Equipment Parts Water Treatment Plant 172872 564 D'AMICO AND SONS Operating Supplies Fire 172873 235 DAKOTA COMMUNITIES Conference Expense Recreation Administration 172874 3,994 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 172875 8,415 DAY DISTRIBUTING Wine Domestic Prairie View Liquor Store 172876 1,707 DECORATIVE DESIGNS INC Grounds Maintenance Water Treatment Plant 172877 13,794 DELL Computers Capital Impr. / Maint. Fund 172878 37 DESIGN DESIGN Misc Taxable Prairie Village Liquor Store 172879 109 DHORE, AYAN AR Utility Water Enterprise Fund 172880 29,551 DIVERSE BUILDING MAINTENANCE Janitor Service Police City Center 172881 1,276 DOHERTY, SANDRA L Other Contracted Services Volleyball 172882 7,191 EAGLE WINE COMPANY Wine Imported Prairie Village Liquor Store 172883 4,257 EARL F ANDERSEN INC Signs Traffic Signs 172884 331 EDEN PRAIRIE ROTARY CLUB Miscellaneous City Manager 172885 1,400 ENVIRONMENTAL PROCESS INC Legal Utility Operations - General 172886 456 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant 172887 400 ETICA FAIR TRADE Wine Imported Den Road Liquor Store 172888 100 FAHS, DONNA Refunds Environmental Education 172889 75 FEIDT, ADAM M Mileage & Parking IT Operating 172890 425 FISHER SCIENTIFIC Fire Prevention Supplies Utility Operations - General 172891 77 FLYING CLOUD T/S #U70 Waste Disposal Park Maintenance 172892 12,440 FORCE AMERICA Capital Under $10,000 Fleet Operating 172893 209 FORESTRY SUPPLIERS INC. Clothing & Uniforms Street Maintenance 172894 383 FSH COMMUNICATIONS LLC Telephone Miller Park 172895 136 GARDEN ROOM FRATELLI'S GARDEN Training Supplies Organizational Services 172896 999 GE CAPITAL Other Rentals General 172899 1,874 GENUINE PARTS COMPANY Equipment Parts Fleet Operating 172900 451 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 172901 121 GINA MARIAS INC Operating Supplies Fire 172902 886 GONYEA LLC. PAUL Deposits Escrow 172903 728 GRAINGER Cleaning Supplies Community Center Maintenance 172904 744 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store 172905 349 GRAPHIC SOURCE INC Advertising Eden Prairie Players 172906 2,558 GRAYMONT Treatment Chemicals Water Treatment Plant 172907 461 GREGERSON ROSOW JOHNSON & NILA Legal Legal Council 172908 11,933 GRIGGS COOPER & CO Transportation Prairie Village Liquor Store 172909 991 HAMMERSCHMIDT, RICK Travel Expense Fire 172910 4,950 HANSEN THORP PELLINEN OLSON Improvements to Land Parks Referendum 172911 119 HD SUPPLY WATERWORKS LTD Capital Under $10,000 Water Metering 172912 1,869 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police 172913 46 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 172914 989 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 172915 1,451 HENNEPIN COUNTY TREASURER Board of Prisoner Police 172916 176 HENRY, PAUL Other Contracted Services Volleyball 172917 50 HICKMAN, JON Instructor Service Outdoor Center 172918 1,432 HOHENSTEINS INC Beer Prairie View Liquor Store 172919 7,372 IMPERIAL DEVELOPERS Improvement Contracts Trails Referendum 172920 798 IMPRIMUS FORENSIC SERVICES LLC Tuition Reimbursement/School Police 172921 50 INDUSTRIAL LIGHTING SUPPLY INC Operating Supplies Utility Operations - General 172922 63 J H LARSON COMPANY Supplies - Electrical Community Center Maintenance 172923 6,052 JJ TAYLOR DIST OF MN Beer Prairie Village Liquor Store 172924 20,605 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 172925 256 KAPAUN, RYAN Tuition Reimbursement/School Police 172926 359 KEEPERS Clothing & Uniforms Animal Control 172927 172 LAB SAFETY SUPPLY INC Cleaning Supplies Utility Operations - General 172928 883 LANDS END CORPORATE SALES Clothing & Uniforms Police Check # Amount Vendor / Explanation Account Description Business Unit 172929 3,813 LANO EQUIPMENT INC Machinery & Equipment Fleet Operating 172930 149 LARSON, ALLEN R. Mileage & Parking Police 172931 55,586 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance 172932 250 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 172933 166 LUKE, TRACY Miscellaneous Police 172934 229 M. AMUNDSON LLP Operating Supplies Prairie View Liquor Store 172935 4,304 MACQUEEN EQUIPMENT INC Equipment Repair & Maint Fleet Operating 172936 4,110 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 172937 100 MAKRAM, RAMANUJAN Refunds Environmental Education 172938 100 MANCINO, THOMAS Refunds Environmental Education 172939 2,578 MARK VII Wine Imported Prairie View Liquor Store 172940 378 MEDICINE LAKE TOURS Special Event Fees Trips 172941 37 MENARDS Training Supplies Fire 172942 200 METRO LEAK DETECTION OCS-Utility Locates Water System Maintenance 172943 2,263 METRO SALES INCORPORATED* Other Rentals General 172944 46 METROPOLITAN FORD Equipment Parts Fleet Operating 172945 537 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 172946 82 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police 172947 601 MINNESOTA ATHLETIC APPAREL Fire Prevention Supplies Fire 172948 27,984 MINNESOTA DEPT OF HEALTH Miscellaneous Water Testing 172949 1,800 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 172950 2,347 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 172951 169 MN NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 172952 13,021 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 172953 28 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 172954 303 NCT INC Conference Expense IT Operating 172955 435 NEPM - ASI # 279381 Fire Prevention Supplies Fire 172956 603 NEW FRANCE WINE COMPANY Wine Domestic Prairie View Liquor Store 172957 655 NEW PIG CORPORATION Building Repair & Maint. Water Treatment Plant 172958 22 NORCOSTCO Operating Supplies Winter Theatre 172959 68 NUCO2 INC Chemicals Pool Maintenance 172960 50 NUNES, CARSON Refunds Environmental Education 172961 289 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 172962 69 OLSEN COMPANIES Safety Supplies Utility Operations - General 172963 21 OSI BATTERIES INC Equipment Parts Fleet Operating 172964 52 PAPCO INC Equipment Parts Water Treatment Plant 172965 37 PARK NICOLLET OPTICAL Safety Supplies Fire 172966 3,854 PAUSTIS & SONS COMPANY Wine Imported Prairie Village Liquor Store 172967 52,689 PEARSON BROTHERS INC Seal Coating Street Maintenance 172968 17,927 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 172969 619 POMP'S TIRE SERVICE INC Tires Fleet Operating 172970 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 172971 289 POWERPHONE INC Tuition Reimbursement/School Police 172972 1,765 PRAIRIE ELECTRIC COMPANY Building Repair & Maint. Den Road Liquor Store 172973 1,456 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 172974 49 PUBLICOM INC Dues & Subscriptions Utility Operations - General 172975 2,001 QUALITY FLOW SYSTEMS INC Improvement Contracts Utility Improvement Fund 172976 234 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 172977 14,791 QUALITY WINE & SPIRITS CO Wine Imported Prairie Village Liquor Store 172978 93 QUICKSILVER EXPRESS COURIER Other Contracted Services City Council 172979 5,126 QWEST Elevators City Hall - CAM 172980 12 RATTAI, PHILLIP Program Fee Classes/Programs/Events 172981 1,098 REBS MARKETING Other Contracted Services Water Accounting 172982 273 RIDGEVIEW MEDICAL CENTER Other Contracted Services Workers Comp Insurance 172983 25 RJM Beer Den Road Liquor Store 172984 667,420 RJM CONSTRUCTION INC Improvements to Land Community Center Expansion 172985 146 ROHDE, ANDREW Tuition Reimbursement/School Police 172986 95 SANDERS, KEVIN J Small Tools Fleet Operating 172987 40 SCHARBER & SONS Equipment Parts Fleet Operating 172988 82 SHAMROCK GROUP, INC - ACE ICE Misc Non-Taxable Prairie View Liquor Store 172989 31 SNAP-ON TOOLS Small Tools Fleet Operating 172990 66 SPRINT Pager & Cell Phone Police 172991 4,234 SRF CONSULTING GROUP INC Design & Engineering Improvement Projects 2006 172992 6,897 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits 172993 54 STAR TRIBUNE Dues & Subscriptions Prairie View Liquor Store Check # Amount Vendor / Explanation Account Description Business Unit 172994 453 STATE SUPPLY COMPANY Supplies - Plumbing Community Center Maintenance 172995 400 STITELER, SHARON Instructor Service Outdoor Center 172996 64 STOVRING, LESLIE Mileage & Parking Storm Drainage 172997 532 STREICHERS Training Supplies Police 172998 185 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 172999 56 SWAGELOK Equipment Parts Water Treatment Plant 173000 9,720 THORPE DISTRIBUTING Beer Den Road Liquor Store 173001 1,800 TOTAL REGISTER Equipment Repair & Maint Den Road Liquor Store 173002 510 TOUGH CUT SERVICES Other Contracted Services Park Maintenance 173003 7,473 TREE TOP SERVICE Other Contracted Services Tree Removal 173004 243 TRI STATE DISTRIBUTING COMPANY Operating Supplies Pool Operations 173005 1,913 U S BANK Paying Agent HRA 2002A LEASE REVENUE BONDS 173006 7,066 UNIFORMS UNLIMITED Training Supplies Police 173007 3 UPS Postage Fire 173008 2,896 USA MOBILITY WIRELESS INC Pager & Cell Phone Wireless Communication 173009 8 VERIZON WIRELESS Pager & Cell Phone Park Maintenance 173010 945 VESSCO INC Equipment Parts Water Treatment Plant 173011 1,860 VIC'S CRANE & HEAVY HAUL INC Operating Supplies Emergency Preparedness 173012 123 VINO SOURCE, THE Liquor Den Road Liquor Store 173013 201 WACO SCAFFOLDING & EQUIPMENT Equipment Repair & Maint Water Treatment Plant 173014 765 WALL TRENDS INC Contract Svcs - General Bldg City Hall - CAM 173015 57 WANCHENA, TAMMY Mileage & Parking Prairie Village Liquor Store 173016 468 WATSON CO INC, THE Merchandise for Resale Concessions 173017 83 WERTS, SANDY Mileage & Parking Special Events Administration 173018 96 WILS Conference Expense Recreation Administration 173019 632 WINE COMPANY, THE Wine Domestic Den Road Liquor Store 173020 4,862 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 173021 387 WITT, BETH Mileage & Parking Aquatics & Fitness Admin 173022 1,428 WORLD CLASS WINES INC Wine Imported Prairie View Liquor Store 173023 83 WYFFELS, BILL Other Assets CIP - Bonds 173024 280 ZAHLER, TOM Tuition Reimbursement/School Fire 173025 105 ZEP MANUFACTURING CO Operating Supplies Fire 173026 258 ZIEGLER INC Contract Svcs - Fire/Life/Safe Public Works/Parks 173027 447 GE CAPITAL Other Rentals General 173028 10 GENUINE PARTS COMPANY Operating Supplies Fire 173029 18,566 HEWLETT-PACKARD COMPANY Other Hardware Capital Impr. / Maint. Fund 173030 543 US POSTMASTER - HOPKINS Postage Senior Center Administration 173031 61,718 XCEL ENERGY Electric Street Lighting 173032 1,147 BON APPETIT CATERING General 494 Corridor Commission 173034 410 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 173035 5,616 A-SCAPE INC Contract Svcs - Snow Removal Dunn Brothers 173036 260 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 173037 30 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 173038 6,061 ACTIVE NETWORK INC, THE Other Hardware Community Center Admin 173039 128 ADAMS PEST CONTROL INC Contract Svcs - Pest Control Prairie View Liquor Store 173040 442 AIR POWER EQUIPMENT CORPORATIO Contract Svcs - Fire/Life/Safe Public Works/Parks 173041 1,104 ALZATEX INC Supplies - Electrical City Center Operations 173042 1,375 AMERICAN PUBLIC WORKS ASSOCIAT Dues & Subscriptions Engineering 173043 536 AMERICAN TIME & SIGNAL CO Supplies - General Building City Center Operations 173044 142 AMERIPRIDE LINEN & APPAREL SER Repair & Maint. Supplies Prairie View Liquor Store 173045 34 AMPCO SYSTEM PARKING Mileage & Parking Teen Programs 173046 3,653 AMSAN LLC Cleaning Supplies Community Center Maintenance 173047 533 ASPEN CARPET CLEANING Janitor Service Housing & Human Svcs 173048 2,116 ASPEN WASTE SYSTEMS INC. Waste Disposal City Hall - CAM 173049 50 BARTNIK, JULENE Refunds Environmental Education 173050 741 BECKER ARENA PRODUCTS INC Advertising Community Center Admin 173051 7,681 BELLBOY CORPORATION Wine Imported Prairie View Liquor Store 173052 797 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations - General 173053 195 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs - General Bldg Community Center Maintenance 173054 50 BOLD, PAULINE Instructor Service Outdoor Center 173055 14,626 BOYER TRUCKS Equipment Repair & Maint Fleet Operating 173056 76 BRACE, LANCE Tuition Reimbursement/School Police 173057 3,590 BRAUN INTERTEC CORPORATION Testing - Soil Boring Improvement Projects 2006 173058 100 BRINK, DONALD Refunds Environmental Education 173059 5 BRUENING, CHARLOTTE Program Fee Trips Check # Amount Vendor / Explanation Account Description Business Unit 173060 120 CANNON RIVER WINERY Wine Domestic Den Road Liquor Store 173061 5 CARROLL, ELSIE Program Fee Trips 173062 790 CDW GOVERNMENT INC. Other Hardware IT Operating 173063 15,478 CENTERPOINT ENERGY Gas Fire Station #1 173064 75,327 CENTERPOINT ENERGY SERVICES IN Gas City Hall - CAM 173065 194 CHOICE INC Other Contracted Services Den Road Liquor Store 173066 3,477 CLAREYS INC Equipment Testing/Cert. Utility Operations - General 173067 160 COLE PAPERS INC Operating Supplies Utility Operations - General 173068 80 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 173069 115 CONTROL SERVICES OF MINNESOTA, Contract Svcs - HVAC City Center Operations 173070 678 CORPORATE EXPRESS Office Supplies General 173071 9,141 DAY DISTRIBUTING Beer Prairie View Liquor Store 173072 1,065 DECORATIVE DESIGNS INC Contract Svcs - Int. Landscape City Center Operations 173073 179 DELEGARD TOOL CO Equipment Parts Fleet Operating 173074 1,896 DELL Capital Under $10,000 Fleet Operating 173075 889 DEZURIK WATER CONTROLS Equipment Parts Water Treatment Plant 173076 1,092 DIGITAL ENTERTAINMENT INC Other Assets Capital Impr. / Maint. Fund 173077 1,551 DIRECT SAFETY CO Cleaning Supplies Utility Operations - General 173078 64 DIRECTV Cable TV Community Center Admin 173079 736 DISPLAY SALES Supplies - General Bldg Utility Operations - General 173080 196 DIVERSE BUILDING MAINTENANCE Janitor Service Den Bldg. - CAM 173081 3,824 DNR Awards Volleyball 173082 5 DOBBELMANN, BETTY Program Fee Trips 173083 205 DUDA PLUMBING SERVICE INC Other Contracted Services Water System Maintenance 173084 2,149 DYNAMIC IMAGING SYSTEMS INC Software Maintenance IT Operating 173085 2,908 EAGLE WINE COMPANY Wine Imported Prairie View Liquor Store 173086 763 EGAN OIL COMPANY Equipment Parts Fleet Operating 173087 175 EID, SCOTT Other Contracted Services Broomball 173088 4,213 ELECTRIC PUMP Equipment Parts Sewer Liftstation 173089 102 ETICA FAIR TRADE Wine Imported Den Road Liquor Store 173090 19 FASTENAL COMPANY Equipment Parts Fleet Operating 173091 73 FEDEX Other Hardware IT Operating 173092 58 FERRELLGAS Motor Fuels Fleet Operating 173093 385 FISHER SCIENTIFIC Process Control Equipment Water Treatment Plant 173094 539 FLORAN TECHNOLOGIES Repair & Maint. Supplies Water Treatment Plant 173095 53 FORCE AMERICA Equipment Parts Fleet Operating 173096 1,442 G & K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations - General 173097 4,188 GARDEN ROOM FRATELLI'S GARDEN Supplies - Garden Room Garden Room Repairs 173098 167 GARELICK STEEL CO INC Equipment Parts Fleet Operating 173099 756 GCS SERVICE INC Contract Svcs - Garden Romm Garden Room Repairs 173100 439 GE CAPITAL Other Rentals General 173101 486 GENZ RYAN PLUMBING & HEATING Cash Over/Short General Fund 173102 19 GINA MARIAS INC Operating Supplies Fire 173103 55 GOVERNMENT FINANCE OFFICERS AS Dues & Subscriptions Finance 173104 538 GRAINGER Equipment Parts Water Treatment Plant 173105 486 GRAPE BEGINNINGS Wine Imported Prairie View Liquor Store 173106 5,163 GRAYMONT Treatment Chemicals Water Treatment Plant 173107 321 GREATAMERICA LEASING CORP. Postage General 173108 35 GREENMAN TECHNOLOGIES OF MN IN Equipment Parts Fleet Operating 173109 9,694 GREENSIDE INC Contract Svcs - Lawn Maint. City Hall - CAM 173110 48,933 GREGERSON ROSOW JOHNSON & NILA Legal Legal Council 173111 15,931 GRIGGS COOPER & CO Liquor Prairie View Liquor Store 173112 718 GUIDANCE SOFTWARE Software Maintenance IT Operating 173113 250 GWS INC Clothing & Uniforms Concessions 173114 369 HACH COMPANY Laboratory Chemicals Water Treatment Plant 173115 96 HD SUPPLY WATERWORKS LTD Repair & Maint. Supplies Water System Maintenance 173116 179,774 HEALTHPARTNERS Medical Bills Prepaid Health and Benefits 173117 436 HEARTLAND DISTRIBUTION LLC Tires Fleet Operating 173118 365 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Guide Plan 173119 8,058 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 173120 1,235 HOHENSTEINS INC Beer Prairie View Liquor Store 173121 242 HOLMES, TOM Other Contracted Services Volleyball 173122 1,789 HOME DEPOT CREDIT SERVICES Supplies - General Bldg Community Center Maintenance 173123 67 I-STATE TRUCK CENTER Equipment Parts Fleet Operating 173124 750 IACP Tuition Reimbursement/School Police Check # Amount Vendor / Explanation Account Description Business Unit 173125 343 ICI DULUX PAINT CTRS Operating Supplies Park Maintenance 173126 6,817 INTEGRA TELECOM Operating Supplies Community Center Admin 173127 173 INTEREUM INC Capital Under $10,000 Capital Impr. / Maint. Fund 173128 810 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 173129 593 J H LARSON COMPANY Operating Supplies Park Maintenance 173130 109 JANEX INC Cleaning Supplies-Gen Bldg City Hall - CAM 173131 7,656 JJ TAYLOR DIST OF MN Beer Den Road Liquor Store 173132 50 JOB TARGET.COM Employment Advertising Utility Operations - General 173133 550 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 173134 28,651 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store 173135 100 JOYCE, JOHN Refunds Environmental Education 173136 10 KRUGER, DELORES Program Fee Trips 173137 1,855 LAB SAFETY SUPPLY INC Safety Supplies Utility Operations - General 173138 522 LAKELAND ENGINEERING EQUIP CO Equipment Repair & Maint Water Treatment Plant 173139 1,905 LAMETTRYS COLLISION Equipment Repair & Maint Fleet Operating 173140 222 LANDS END CORPORATE SALES Clothing & Uniforms Police 173141 248 LAW ENFORCMENT TARGETS INC Tuition Reimbursement/School Police 173142 2,500 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 173143 233 LESCO INC Repair & Maint. Supplies Utility Improvement Fund 173144 3,017 LIFE SAFETY SYSTEMS Contract Svcs - Fire/Life/Sfty City Hall - CAM 173145 836 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 173146 63,862 LOGIS Software and Hardware IT Operating 173147 3,972 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 173148 56 MALLO, JOHN E Operating Supplies Senior Center Operations 173149 10,331 MARK VII Beer Prairie View Liquor Store 173150 1,960 MAVO SYSTEMS Building Community Center Expansion 173151 709 MAXIMUM SOLUTIONS INC Software Maintenance IT Operating 173152 2,018 MCNEILUS STEEL INC Repair & Maint. Supplies Water System Maintenance 173153 592 MEDICINE LAKE TOURS Special Event Fees Trips 173154 247 MENARDS Equipment Repair & Maint Water Treatment Plant 173155 1,991 METRO SALES INCORPORATED* Other Rentals General 173156 12,716 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 173157 254,815 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility - General 173158 514 METROPOLITAN FORD Equipment Parts Fleet Operating 173159 868 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 173160 1,234 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 173161 230 MINNESOTA AWWA Conference Expense Utility Operations - General 173162 104 MINNESOTA CLIPPING SERVICE Other Contracted Services Communication Services 173163 164 MINNESOTA STATE RETIREMENT SYS Other Deductions General Fund 173164 296 MINNETONKA POLICE DEPARTMENT Operating Supplies DWI Forfeiture 173165 23 MPCA Licenses, Permits, Taxes Utility Operations - General 173166 283 MT GLOBAL LLC Liquor Prairie View Liquor Store 173167 878 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 173168 75 NCTRC Dues & Subscriptions Recreation Administration 173169 7,919 NILSSON, BETH Instructor Service Ice Arena 173170 1,627 NORTHWEST BUSINESS SYSTEMS Operating Supplies Fire Station #4 173171 100 PAPA, JOEL Refunds Environmental Education 173172 330 PARABEN CORPORATION Other Hardware IT Operating 173173 300 PARKER, WARD Operating Supplies Fire 173174 11,490 PARROTT CONTRACTING INC Repair & Maint. Supplies Water System Maintenance 173175 3,116 PAUSTIS & SONS COMPANY Wine Imported Prairie View Liquor Store 173176 474 PC MALL Operating Supplies Fleet Operating 173177 353 PEPSI COLA COMPANY Merchandise for Resale Concessions 173178 250 PETTY CASH-POLICE DEPT Clothing & Uniforms Police 173179 18,990 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 173180 100 PITTELKOW, SARAH Refunds Environmental Education 173181 5 PITZRICK, SHIRLEY Program Fee Trips 173182 2,012 POMP'S TIRE SERVICE INC Tires Fleet Operating 173183 1,391 POWER SYSTEMS Machinery & Equipment Capital Impr. / Maint. Fund 173184 12,589 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Reserve 173185 164 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating 173186 289 PRAIRIE OFFSET PRINTING Printing Assessing 173187 839 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 173188 201 PROP United Way Withheld General Fund 173189 238 QUALITY PROPANE Motor Fuels Ice Arena Maintenance Check # Amount Vendor / Explanation Account Description Business Unit 173190 23,769 QUALITY WINE & SPIRITS CO Wine Domestic Prairie View Liquor Store 173191 34 QUICKSILVER EXPRESS COURIER Other Contracted Services General 173192 12 RABENOLD, SANDY Program Fee Classes/Programs/Events 173193 4,246 RAV TECHNOLOGIES INC Other Assets Capital Impr. / Maint. Fund 173194 1,640 RAY ALLEN MANUFACTURING CO INC Equipment Parts Fleet Operating 173195 104 RAY, LEE Other Contracted Services Basketball 173196 360 REED BUSINESS INFORMATION Dues & Subscriptions Utility Operations - General 173197 371 RETROFIT RECYCLING INC Waste Disposal-General Bldg City Hall - CAM 173198 40 RIGHTWAY GLASS INC Equipment Parts Fleet Operating 173199 140 ROOT O MATIC Contract Svcs - Plumbing Community Center Maintenance 173200 10 SCHLANGEN, BOB & KATHY Program Fee Trips 173201 120 SCHLUCK, NICOLE Program Fee Arts & Drama Programs 173202 5 SCHUG, DIANA Program Fee Trips 173203 77 SHAMROCK GROUP, INC - ACE ICE Misc Taxable Den Road Liquor Store 173204 40 SHEN, XIAOJAN Deposits Community Center Admin 173205 69 SHRED-IT Waste Disposal City Center Operations 173206 269 SIGNATURE CONCEPTS INC. Clothing & Uniforms Community Center Admin 173207 107 STAAF, CARTER Operating Supplies Reserves 173208 89 STANLEY SECURITY SOLUTIONS INC Contract Svcs - Security Community Center Maintenance 173209 50 STEWART, JACK Parking Permits Community Center Admin 173210 392 STONEBROOKE Equipment Parts Fleet Operating 173211 994 STREICHERS Clothing & Uniforms Police 173212 252 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 173213 13,524 THORPE DISTRIBUTING Beer Prairie View Liquor Store 173214 1,340 TOTAL REGISTER Equipment Repair & Maint Prairie Village Liquor Store 173215 219 UNIFORMS UNLIMITED Clothing & Uniforms Police 173216 15,696 UNITED RENTALS NORTHWEST INC Machinery & Equipment Capital Impr. / Maint. Fund 173217 203 UNITED WAY United Way Withheld General Fund 173218 221 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating 173219 110 UPS Equipment Repair & Maint Water Metering 173220 193 VERIZON WIRELESS Pager & Cell Phone Storm Drainage 173221 111 VINO SOURCE, THE Wine Imported Den Road Liquor Store 173222 2,974 VINOCOPIA Wine Domestic Den Road Liquor Store 173223 92 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 173224 170 VTI Building Repair & Maint. Den Road Liquor Store 173225 649 WATSON CO INC, THE Merchandise for Resale Concessions 173226 135 WEEDMAN, JON Recreation Supplies Summer Skill Development 173227 1,096 WINE COMPANY, THE Wine Domestic Prairie Village Liquor Store 173228 4,843 WINE MERCHANTS INC Wine Imported Den Road Liquor Store 173229 358 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store 173230 885 WYFFELS, BILL Tuition Reimbursement/School Organizational Services 173231 339 XCEL ENERGY Electric Prairie View Park 173232 2,724 YALE MECHANICAL INC Contract Svcs - HVAC Dunn Brothers 173233 238 ZEP MANUFACTURING CO Equipment Parts Fleet Operating 173234 18 ZURN, REVONDA Program Fee Preschool Events 173237 1,257 ASPEN WASTE SYSTEMS INC. Waste Disposal City Hall - CAM 173238 48 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 173239 1,914 GARDEN ROOM FRATELLI'S GARDEN Supplies - Garden Room Garden Room Repairs 173240 63 HOME DEPOT CREDIT SERVICES Supplies - General Bldg Community Center Maintenance 173241 1,125 MINNESOTA CHAPTER IAAI Conference Expense Fire 173242 42,424 XCEL ENERGY Electric Emergency Preparedness 173243 6,322 2ND WIND EXERCISE Machinery & Equipment Capital Impr. / Maint. Fund 173244 150 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 173245 705 ACCESSDATA CORP Software Maintenance IT Operating 173246 243 ACCURINT - ACCOUNT # 1348824 Other Contracted Services Police 173247 5,991 ACTIVE NETWORK INC, THE Other Hardware Community Center Admin 173248 19,824 ADVANCED ENGINEERING & ENVIRON Process Control Services Water Treatment Plant 173249 508 AL'S COFFEE Merchandise for Resale Concessions 173250 1,613 ALLIED ADJUSTERS Building Repair & Maint. Sewer Utility - General 173251 124 AMERIPRIDE LINEN & APPAREL SER Repair & Maint. Supplies Prairie Village Liquor Store 173252 1,791 AMSAN LLC Cleaning Supplies Community Center Maintenance 173253 629 ANCHOR PAPER COMPANY Office Supplies General 173254 209 ANCHOR PRINTING COMPANY Office Supplies Fire 173255 189 ARMOR SECURITY INC. Other Contracted Services Outdoor Center 173256 441 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating Check # Amount Vendor / Explanation Account Description Business Unit 173257 7,297 AWWA CUSTOMER SERVICE Dues & Subscriptions Utility Operations - General 173258 6,000 BAKER ASSOCIATES INC Capital Under $10,000 Capital Impr. / Maint. Fund 173259 4,589 BELLBOY CORPORATION Wine Imported Prairie View Liquor Store 173260 182 BLOOMINGTON SECURITY SOLUTIONS Equipment Repair & Maint Police 173261 58 BLOOMINGTON, CITY OF Other Contracted Services Park Maintenance 173262 158 BOYER TRUCKS Equipment Parts Fleet Operating 173263 21,954 BRAUER & ASSOCIATES LTD Building Park Acquisition & Development 173264 155 CAWLEY COMPANY, THE Clothing & Uniforms Community Center Admin 173265 18 CENTER POINTE ENERGY Cash Over/Short General Fund 173266 4,181 CENTERPOINT ENERGY Gas Forest Hills Park 173267 96 CLAREYS INC Safety Supplies Utility Operations - General 173268 15 COMMERS THE WATER COMPANY Cash Over/Short General Fund 173269 243 CONCRETE CUTTING & CORING INC Equipment Parts Fleet Operating 173270 2,593 CORPORATE EXPRESS Office Supplies General 173271 77 COSTCO Operating Supplies Fire 173272 264 CRIPE, JACQUELYN V Other Contracted Services Volleyball 173273 9 CRYSTEEL TRUCK EQUIPMENT Equipment Parts Fleet Operating 173274 69 CULLIGAN BOTTLED WATER Operating Supplies Fire 173275 4,558 DAY DISTRIBUTING Beer Den Road Liquor Store 173276 177 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 173277 40,914 DELANO ERICKSON ARCHITECTS Building Community Center Expansion 173278 7,349 DELL Computers IT Operating 173279 80 DIRECT SAFETY CO Clothing & Uniforms Utility Operations - General 173280 80 DIRECTV Cable TV Community Center Admin 173281 28,689 DIVERSE BUILDING MAINTENANCE Cleaning Supplies City Hall - CAM 173282 60 DOLLERSCHELL, JOHN & KATHLEEN Program Fee Trips 173283 1,650 DOODY MECHANICAL SERVICE Contract Svcs - Fire/Life/Safe Public Works/Parks 173284 3,900 DORAN CONSTRUCTION INC Contract Svcs - General Bldg Public Works/Parks 173285 2,548 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 173286 204 EARL F ANDERSEN INC Operating Supplies Park Maintenance 173287 220 EMMONS & OLIVIER RESOURCES INC Other Contracted Services Storm Drainage 173288 29,762 EPA AUDIO VISUAL INC Other Assets Capital Impr. / Maint. Fund 173289 600 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 173291 41 FLIES, HEATHER Lessons & Classes Fitness Classes 173292 359 FRANK J ZAMBONI & CO INC Repair & Maint - Ice Rink Ice Arena Maintenance 173293 36 FRANSOR, KATIE Lessons & Classes Fitness Classes 173294 44 G & K SERVICES Clothing & Uniforms Utility Operations - General 173295 178 G & K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 173296 210 GE CAPITAL Other Rentals General 173297 389 GENERAL GROWTH PROPERTIES LP-E Building Rental CDBG Fund 173298 312 GOPHER STATE ONE-CALL INC OCS-Leak Detection Utility Operations - General 173299 540 GOVDELIVERY Software Maintenance IT Operating 173300 278 GRAINGER Operating Supplies Traffic Signals 173301 2,351 GRAPE BEGINNINGS Wine Imported Prairie Village Liquor Store 173302 5,148 GRAYMONT Treatment Chemicals Water Treatment Plant 173303 12,761 GRIGGS COOPER & CO Wine Domestic Den Road Liquor Store 173304 350 GS DIRECT Operating Supplies Engineering 173305 26,377 H M CRAGG CO Other Assets E-911 Program 173306 528 HAMMERS, SARAH Other Contracted Services Volleyball 173307 5,062 HANSEN THORP PELLINEN OLSON Design & Engineering Utility Improvement Fund 173308 23,646 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Operating 173309 2,880 HAWKINS INC Treatment Chemicals Water Treatment Plant 173310 138 HD SUPPLY WATERWORKS LTD Repair & Maint. Supplies Sewer Utility - General 173311 129 HEARTLAND DISTRIBUTION LLC Equipment Parts Fleet Operating 173312 700 HENNEPIN COUNTY ATTORNEY'S OFF Miscellaneous General Fund 173313 176 HENRY, PAUL Other Contracted Services Volleyball 173314 927 HOHENSTEINS INC Beer Prairie Village Liquor Store 173315 485 HORNADY MFG Training Supplies Police 173316 380 IAFC Dues & Subscriptions Fire 173317 477 ICI DULUX PAINT CTRS Equipment Repair & Maint Water Treatment Plant 173318 471 IMAGEWERKS MARKETING INC Other Contracted Services Economic Development 173319 10,595 INTEGRA TELECOM Operating Supplies Community Center Admin 173320 29,114 JJ TAYLOR DIST OF MN Beer Den Road Liquor Store 173322 40,296 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store 173323 79 KEEPERS Clothing & Uniforms Reserves Check # Amount Vendor / Explanation Account Description Business Unit 173324 48 KOCOUREK, JOAN Clothing & Uniforms Police 173325 1,434 KORTERRA, INC OCS-Leak Detection Utility Operations - General 173326 349 KRISS PREMIUM PRODUCTS INC Supplies - HVAC City Hall - CAM 173327 35 LAB SAFETY SUPPLY INC Clothing & Uniforms Utility Operations - General 173328 600 LAW BULLETIN PUBLISHING CO Other Contracted Services Economic Development 173329 78 LAW ENFORCEMENT TARGETS, INC Training Supplies Police 173330 1,150 LETTA Tuition Reimbursement/School Police 173331 135 LIEBERT CASSIDY WHITMORE Other Contracted Services Organizational Services 173332 235 M. AMUNDSON LLP Misc Taxable Prairie View Liquor Store 173333 99 MALLO, JOHN E Operating Supplies Senior Center Operations 173334 15,436 MARK VII Beer Den Road Liquor Store 173335 1,500 MARKETLINE RESEARCH INC Other Contracted Services Economic Development 173336 286 MASTER CRAFT LABELS INC Printing Communication Services 173337 34 MENARDS Equipment Parts Fleet Operating 173338 720 METRO SALES INCORPORATED* Other Rentals General 173339 430 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 173340 6,000 MIDWEST DESIGN CO Other Contracted Services Communication Services 173341 79 MINNEAPOLIS DEPARTMENT OF HEAL Other Contracted Services Police 173342 495 MINNESOTA SAFETY COUNCIL Conference Expense General 173343 244 MINNESOTA VALLEY ELECTRIC COOP Electric Prairie Bluff Conservation 173344 7,000 MMKR Audit & Financial Finance 173345 359 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 173346 24 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police 173347 1,044 NCT INC Conference Expense IT Operating 173348 205 NEW EXTERIORS BY SMA Cash Over/Short General Fund 173349 1,916 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 173350 218 NORTHSTAR MUDJACKING SPECIALIS Deposits Escrow 173351 80 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 173352 173 NUCO2 INC Chemicals Pool Maintenance 173353 106 PAPER DIRECT INC Operating Supplies Wine Club 173354 3,179 PAUSTIS & SONS COMPANY Wine Domestic Prairie Village Liquor Store 173355 705 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 173356 56 PETSMART Canine Supplies Police 173357 6,998 PHILLIPS WINE AND SPIRITS INC Wine Imported Prairie Village Liquor Store 173358 1,194 POMP'S TIRE SERVICE INC Equipment Parts Fleet Operating 173359 1,800 POST BOARD Dues & Subscriptions Police 173360 528 PRAIRIE ELECTRIC COMPANY Contract Svcs - HVAC Public Works/Parks 173361 32 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating 173362 9,217 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 173363 600 PRAIRIE RESTORATIONS INC Other Contracted Services Storm Drainage 173364 8,068 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 173365 108 PRINTERS SERVICE INC Contract Svcs - Electrical Ice Arena Maintenance 173366 1,465 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 173367 180 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 173368 20,358 QUALITY WINE & SPIRITS CO Wine Domestic Den Road Liquor Store 173369 22 QUICKSILVER EXPRESS COURIER Other Contracted Services Communication Services 173370 187 QWEST Telephone Sewer Liftstation 173371 141 SALUD AMERICA INC Wine Imported Den Road Liquor Store 173372 150 SCRAP METAL PROCESSORS INC Equipment Repair & Maint Fleet Operating 173373 153 SEELYE PLASTICS INC Equipment Repair & Maint Water Treatment Plant 173374 166 SHAMROCK GROUP, INC - ACE ICE Misc Non-Taxable Den Road Liquor Store 173375 85 SHIELD FIRE PROTECTION INC Fire Prevention Permits General Fund 173376 2,632 SIGNSOURCE Capital Under $10,000 Capital Impr. / Maint. Fund 173377 79 SIR KNIGHT CLEANERS Operating Supplies Fire 173378 120 SJF MATERIAL HANDLING INC Operating Supplies Street Maintenance 173379 96 SKATRUD, TODD Tuition Reimbursement/School Fire 173380 2,018 SNAP-ON TOOLS Small Tools Fleet Operating 173381 802 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Organizational Services 173382 3,162 SOUTHWEST SUBURBAN PUBLISHING- Printing Communication Services 173383 112 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 173384 59 SPS COMPANIES Equipment Parts Water Treatment Plant 173385 4,172 SRF CONSULTING GROUP INC Design & Engineering Improvement Projects 2006 173386 28 STAR TRIBUNE Dues & Subscriptions Prairie View Liquor Store 173387 854 STAR TRIBUNE Employment Advertising Organizational Services 173388 20 STILLWATER AREA SCHOOLS ISD# 8 Insurance Property Insurance Check # Amount Vendor / Explanation Account Description Business Unit 173389 5,970 STREICHERS Clothing & Uniforms Police 173390 286 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 173391 1,390 SUN NEWSPAPERS Employment Advertising Organizational Services 173392 22 SWAGELOK Equipment Parts Water Treatment Plant 173393 10,512 THORPE DISTRIBUTING Beer Den Road Liquor Store 173394 2,007 THYSSENKRUPP ELEVATOR CORPORAT Maintenance Contracts Water Treatment Plant 173395 146 TOM'S WINDOW CLEANING Janitor Service - General Bldg Den Road Building 173396 350 TREASURY DIVISION, FINANCE Miscellaneous General Fund 173397 206 TWIN CITY OXYGEN CO Repair & Maint. Supplies Utility Operations - General 173398 40 UNIFORMS UNLIMITED Clothing & Uniforms Police 173399 109 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating 173400 87 VERIZON WIRELESS Pager & Cell Phone Police 173401 260 VESSCO INC Equipment Parts Water Treatment Plant 173402 189 VINO SOURCE, THE Wine Imported Den Road Liquor Store 173403 410 VINOCOPIA Liquor Den Road Liquor Store 173404 5,070 WALL TRENDS INC Other Contracted Services Capital Impr. / Maint. Fund 173405 73 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 173406 221 WESTSIDE EQUIPMENT Equipment Parts Fleet Operating 173407 101 WHITE, NICOLE Mileage & Parking Therapeutic Rec Administration 173408 323 WILKUS ARCHITECTS INC Other Contracted Services City Center Operations 173409 757 WINE COMPANY, THE Wine Imported Prairie Village Liquor Store 173410 3,891 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 173411 1,052 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 173412 116,043 XCEL ENERGY Electric Community Center Maintenance 173413 20 YAHOO! Other Contracted Services Police 173414 2,504 YALE MECHANICAL INC Building Repair & Maint. Water Treatment Plant 173415 177 YELLOW PAGES, INC Advertising Den Road Liquor Store 173416 165 ZIEGLER INC Equipment Parts Fleet Operating 173417 180 CITY ENGINEERS ASSOC OF MINNES Dues & Subscriptions Engineering 173418 118 COMCAST Dues & Subscriptions City Council 173419 213 DALBEC, CORY Mileage & Parking Utility Operations - General 173420 2,271 DLT SOLUTIONS INC. Software Maintenance IT Operating 173421 620 FAMOUS DAVE'S Miscellaneous Police 173422 142 GOWARD, THOMAS AND KIMBERLY AR Utility Water Enterprise Fund 173423 46 MINNESOTA DEPT OF HEALTH Licenses & Taxes Water Distribution 173424 345 MN CHIEFS OF POLICE Tuition Reimbursement/School Police 173425 91 SCHULTZ, BRIAN Mileage & Parking Utility Operations - General 173426 2,744 SOUTHWEST SUBURBAN CABLE COMMI Dues & Subscriptions City Council 173427 150 ST PAUL, CITY OF Tuition Reimbursement/School Police 173429 195 A TO Z RENTAL CENTER Repair & Maint. Supplies Fire 173430 100 ACHARYA, BHASKARA Refunds Environmental Education 173431 102 ADVANCED SUPPLY Equipment Parts Fleet Operating 173432 142 AMERIPRIDE LINEN & APPAREL SER Repair & Maint. Supplies Prairie View Liquor Store 173433 11,360 AMSAN LLC Cleaning Supplies Community Center Maintenance 173434 73 ANCHOR PAPER COMPANY Office Supplies General 173435 1,200 ART START Other Contracted Services Environmental Education 173436 841 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 173437 20,274 BAKER ASSOCIATES INC Capital Under $10,000 Capital Impr. / Maint. Fund 173438 2,698 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 173439 263 BATTERIES PLUS Small Tools Fire 173440 147 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 173441 4,833 BELLBOY CORPORATION Wine Imported Prairie Village Liquor Store 173442 186 BERG BAG COMPANY Operating Supplies Traffic Signs 173443 81 BERKBIGLER, RIK Tuition Reimbursement/School Fire 173444 766 BIFFS INC Waste Disposal Park Maintenance 173445 317 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs - General Bldg Fire Station #1 173446 472 BLOOMINGTON, CITY OF Other Contracted Services Animal Control 173447 997 BME CONSULTING Wages No Benefits Assessing 173448 323 BOYER TRUCKS Equipment Parts Fleet Operating 173449 100 BRACHMAN, STEVE Refunds Environmental Education 173450 167 BROWNING, RYAN Other Hardware IT Operating 173451 93 BRW ENTERPRISES Wine Domestic Den Road Liquor Store 173452 100 BUEHLER, TODD Refunds Environmental Education 173453 100 CARR, KATHLEEN Refunds Environmental Education 173454 339 CAWLEY COMPANY, THE Clothing & Uniforms Community Center Admin Check # Amount Vendor / Explanation Account Description Business Unit 173455 143 CDW GOVERNMENT INC. Other Hardware IT Operating 173456 160 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 173457 116 CONNEY SAFETY PRODUCTS Office Supplies General 173458 58 CORPORATE EXPRESS Office Supplies General 173459 463 CUSHMAN MOTOR COMPANY INC. Equipment Parts Fleet Operating 173460 192 DART PORTABLE STORAGE INC Other Contracted Services Sprint / Nextel 173461 11,578 DAY DISTRIBUTING Beer Prairie View Liquor Store 173462 61 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 173463 271 DEALER AUTOMOTIVE SERVICES INC Equipment Parts Fleet Operating 173464 3,428 DELL Computers Community Center Maintenance 173465 1,798 DESIGN DESIGN Misc Taxable Den Road Liquor Store 173466 200 DIETHELM, TAMMY L Other Contracted Services Pleasant Hill Cemetary 173467 3,515 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 173468 321 ECOLAB Operating Supplies Fire 173469 1,233 ECOLAB INC Contract Svcs - Pest Control Outdoor Center Facilities 173470 100 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Manager 173471 1,000 EDEN PRAIRIE FIREFIGHTER'S REL Deposits Escrow 173472 282 ELVIN SAFETY LLC Equipment Testing/Cert. Fire 173473 568 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant 173474 3,760 FIRE SAFETY USA INC Repair & Maint. Supplies Fire 173475 92 FORCE AMERICA Equipment Parts Fleet Operating 173476 176 FORDAHL, TAMARA Other Contracted Services Volleyball 173477 2,265 FRAUENSHUH COMPANIES Deposits Escrow 173478 868 G & K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations - General 173479 100 GASNER, DAN Refunds Environmental Education 173480 217 GE CAPITAL Other Rentals General 173481 266 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 173482 173 GINA MARIAS INC Operating Supplies Fire 173483 100 GOTTLIEB, BARBARA Refunds Environmental Education 173484 1,366 GRAINGER Supplies - HVAC Community Center Maintenance 173485 1,118 GRAPE BEGINNINGS Wine Imported Den Road Liquor Store 173486 7,785 GRAYMONT Treatment Chemicals Water Treatment Plant 173487 16,549 GRIGGS COOPER & CO Liquor Den Road Liquor Store 173488 212 GROTH MUSIC Operating Supplies Community Band 173489 170 GWS INC Operating Supplies Community Center Admin 173490 100 HANSEN, JOHNA Refunds Environmental Education 173491 24,086 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Operating 173492 100 HASCALL, RICHARD Refunds Environmental Education 173493 116 HD SUPPLY WATERWORKS LTD Equipment Repair & Maint Park Maintenance 173494 119 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint Wireless Communication 173495 1,970 HENNEPIN COUNTY TREASURER Other Contracted Services Utility Improvement Fund 173496 215 HENNEPIN COUNTY TREASURER Licenses & Taxes Water Distribution 173497 360 HENNEPIN COUNTY TREASURER Board of Prisoner Police 173498 181 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Guide Plan 173499 100 HOLMQUIST, STEPHEN Refunds Environmental Education 173500 4,945 HONEYWELL INDUSTRY SOLUTIONS Maintenance Contracts Water Treatment Plant 173501 90 IND SCHOOL DIST 272 Gym Rental Volleyball 173502 320 INNOVATIVE GRAPHICS Clothing & Uniforms Police 173503 1,214 INSIGNIA DEVELOPMENT Deposits Escrow 173504 20,026 INTEREUM INC Capital Under $10,000 Capital Impr. / Maint. Fund 173505 1,495 INTERNATIONAL CODE COUNCIL Conference Expense Fire 173506 795 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 173507 774 J H LARSON COMPANY Operating Supplies Park Maintenance 173508 100 JAYASURIYA, LAWRENCE Refunds Environmental Education 173509 268 JEFFERSON FIRE & SAFETY INC Protective Clothing Fire 173510 27 JETER, KARA Training Supplies Fitness Classes 173511 3,724 JJ TAYLOR DIST OF MN Beer Prairie Village Liquor Store 173513 29,041 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store 173514 874 KEEPERS Clothing & Uniforms Police 173515 302 KUSTOM SIGNALS INC Equipment Repair & Maint Police 173516 285 LANDS END CORPORATE SALES Clothing & Uniforms Police 173517 100 LARSON, REED Refunds Environmental Education 173518 7,332 LEONARD J KOEHNEN & ASSOC Legal Wireless Communication 173519 631 LOCATORS & SUPPLIES INC Equipment Parts Fleet Operating 173520 100 MACK, VICTOR Refunds Environmental Education Check # Amount Vendor / Explanation Account Description Business Unit 173521 100 MAKRAM, RAMANUJAN Refunds Environmental Education 173522 70 MALLO, JOHN E Operating Supplies Senior Center Operations 173523 9,239 MARK VII Beer Prairie View Liquor Store 173524 202 MARK'S BP Equipment Repair & Maint Police 173525 100 MASON, JIM OR KATHY Refunds Environmental Education 173526 393 MENARDS Equipment Repair & Maint Water Treatment Plant 173527 691 METRO FIRE Equipment Testing/Cert. Fire 173528 135 METROPOLITAN FORD Equipment Parts Fleet Operating 173529 120 MGWA Conference Expense Utility Operations - General 173530 426 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 173531 100 MILLER, JULIE Refunds Environmental Education 173532 100 MILLER, NANCY Refunds Environmental Education 173533 1,234 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 173534 155 MINNESOTA AWWA Conference Expense Utility Operations - General 173535 700 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 173536 169 MN NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 173537 4,143 MOBILE RADIO ENGINEERING INC Operating Supplies Wireless Communication 173538 100 MOHN, STEVE Refunds Environmental Education 173539 215,252 MOTOROLA Other Assets CIP - Bonds 173540 272 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 173541 105 NEW FRANCE WINE COMPANY Wine Imported Den Road Liquor Store 173542 978 NEXT DAY GOURMET Capital Under $10,000 Concessions 173543 820 NORTH STAR WIPER & IND SUPPLY Operating Supplies Fire 173544 196 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 173545 55 OFFICE DEPOT CREDIT PLAN Office Supplies Planning 173546 40 OFFICE OF THE SECRETARY OF STA Licenses & Taxes Police 173547 119 OSI BATTERIES INC Operating Supplies Traffic Signs 173548 960 PARK NICOLLET CLINIC Safety Supplies Fire 173549 2,600 PAUL'S TWO-WAY RADIO Other Contracted Services Sprint / Nextel 173550 4,301 PAUSTIS & SONS COMPANY Transportation Prairie Village Liquor Store 173551 16,740 PCS TECHNOLOGIES INC Miscellaneous IT Operating 173552 998 PETTY CASH Mileage & Parking Water Distribution 173553 8,551 PHILLIPS WINE AND SPIRITS INC Liquor Den Road Liquor Store 173554 344 PITNEY BOWES Postage General 173555 126 POMP'S TIRE SERVICE INC Tires Fleet Operating 173556 177 PORTA, KITTY Mileage & Parking City Clerk 173557 212 PRAIRIE ELECTRIC COMPANY Capital Under $10,000 Capital Impr. / Maint. Fund 173558 1,744 PRAIRIEVIEW RETAIL LLC Other Contracted Services Prairie View Liquor Store 173559 32 PRECISION SMALL ENGINE REPAIR Operating Supplies Street Maintenance 173560 1,575 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 173561 401 PROP United Way Withheld General Fund 173562 4,196 PROSOURCE SUPPLY Capital Under $10,000 Capital Impr. / Maint. Fund 173563 189 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 173564 14,307 QUALITY WINE & SPIRITS CO Liquor Prairie View Liquor Store 173565 452 RAV TECHNOLOGIES INC Contract Svcs - General Bldg Pool Maintenance 173566 212 RAY ALLEN MANUFACTURING CO INC Canine Supplies Police 173567 1,884 REPRISE DESIGN INC Deposits Escrow 173568 751,298 RJM CONSTRUCTION INC Improvements to Land Community Center Expansion 173569 162 SCHEWE, BERYL Training Supplies Fitness Classes 173570 100 SCHULENBERG, TAMMY Refunds Environmental Education 173571 31 SEELYE PLASTICS INC Equipment Parts Water Treatment Plant 173572 158 SEVENICH, WENDY Mileage & Parking Community Center Admin 173573 52 SHAMROCK GROUP, INC - ACE ICE Misc Non-Taxable Prairie Village Liquor Store 173574 1,968 SHORT ELLIOTT HENDRICKSON INC Process Control Services Infiltration/Inflow Study 173575 65 SNAP-ON TOOLS Small Tools Fleet Operating 173576 14,320 SPORTS WORLD USA INC Recreation Supplies Softball 173577 18 STATE OF MINNESOTA Operating Supplies DWI Forfeiture 173578 545 STREICHERS Clothing & Uniforms Police 173579 140 SUN NEWSPAPERS Advertising Communication Services 173580 100 SYMANIETZ, BRENDA Refunds Environmental Education 173581 522 TBEI INC Equipment Parts Fleet Operating 173582 9,888 THORPE DISTRIBUTING Beer Prairie View Liquor Store 173583 10,342 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs - Elevator Community Center Maintenance 173584 25 TOLL GAS AND WELDING SUPPLY Equipment Parts Fleet Operating 173585 332 TWIN CITY FILTER SERVICE INC Supplies - HVAC City Hall - CAM Check # Amount Vendor / Explanation Account Description Business Unit 173586 298 TWIN CITY TIRE Equipment Parts Fleet Operating 173587 1,531 UNITED PROPERTIES Deposits Escrow 173588 405 UNITED WAY United Way Withheld General Fund 173589 28 UPS Postage Fire 173590 65 USPCA REGION 12 Dues & Subscriptions Police 173591 100 VENABLE, GINGER Refunds Environmental Education 173592 7 VESSCO INC Equipment Parts Water Treatment Plant 173593 423 VIDEOTRONIX INC Operating Supplies Wireless Communication 173594 100 WALKER, PAT Refunds Environmental Education 173595 991 WATSON CO INC, THE Merchandise for Resale Concessions 173596 263 WEMYSS, SCOTT Clothing & Uniforms Fire 173597 263 WESTSIDE EQUIPMENT Equipment Repair & Maint Fleet Operating 173598 639 WHEELER HARDWARE COMPANY Contract Svcs - General Bldg Ice Arena Maintenance 173599 552 WINE COMPANY, THE Wine Imported Den Road Liquor Store 173600 4,554 WINE MERCHANTS INC Wine Imported Den Road Liquor Store 173601 2,608 WOODDALE CHURCH Deposits Escrow 173602 60,577 XCEL ENERGY Electric Street Lighting 173603 9,478 YALE MECHANICAL INC Contract Svcs - HVAC Dunn Brothers 173604 132 ZAHN, GERALD Other Contracted Services Volleyball 173606 37 MIDWEST SIGN & SCREEN PRINTING Operating Supplies Traffic Signs 173607 1,636 MINNESOTA STATE RETIREMENT SYS Other Deductions General Fund 5,098,926 Grand Total City of Eden Prairie Council Check Register 3/20/08 US Bank Payment Amount Supplier / Explanation Account Description Business Unit 420 US-NLC Conference & Hotel SIGN A RAMA Conference Expense City Council 228 US-Airfare to NLC Confer. NORTHWEST AIRLINES Travel Expense City Council 5 US-Airfare to NLC Confer. NORTHWEST AIRLINES Travel Expense City Council 2,893 US-Print Wine Club Cards PLASTICPRINTERS.COM Operating Supplies Wine Club 75 US-Conf. - Brad Miles ATOM Tuition Reimbursement/School Police 75 US-Conf. - Eric LeBlanc ATOM Tuition Reimbursement/School Police 45 US-Class Regis.-D.Becker YIPA Tuition Reimbursement/School Police 642 US-Range Hearing Protect. LAB SAFETY SUPPLY INC Training Supplies Police -25 US-J.Hoff-Registrat.Refund ATOM Tuition Reimbursement/School Police 750 US-FTO Training-2 Officers ATOM Tuition Reimbursement/School Police 34 US-Nozzles for Sprayer NORTHERN TOOL & EQUIPMENT Equipment Repair & Maint Park Maintenance 58 US-Food-Water Sch.-6 Emp HOLIDAY INN Travel Expense Utility Operations - General 65 US-GIS Train-Andy Allmann GEOSPATIAL INFORMATON & TECHNO Conference Expense Utility Operations - General 65 US-GIS-Train-John Carlon GEOSPATIAL INFORMATON & TECHNO Conference Expense Utility Operations - General 65 US-GIS-Train-Paul Carlson GEOSPATIAL INFORMATON & TECHNO Conference Expense Utility Operations - General 1,050 US-Tech Conf-7 Employees MINNESOTA RURAL WATER ASSOCIAT Conference Expense Utility Operations - General 171 US-Office Supplies-EPCC OFFICE DEPOT CREDIT PLAN Operating Supplies Fitness Center 109 US-Recharg.Batteries-EPCC RADIOSHACK Operating Supplies Fitness Classes 37 US-Office Supplies-EPCC WALMART COMMUNITY Operating Supplies Community Center Admin 129 US-Ladder-Heart Rate Chart FLAGHOUSE Operating Supplies Fitness Center 74 US-Office Supplies-EPCC OFFICE DEPOT CREDIT PLAN Operating Supplies Community Center Admin 44 US-Batteries-Sound System TARGET Operating Supplies Fitness Classes 106 US-Food -Training EPCC SUBWAY Training Supplies Community Center Admin 73 US-Food -Training EPCC GINA MARIAS INC Training Supplies Community Center Admin 118 US-Food -Training EPCC GINA MARIAS INC Training Supplies Community Center Admin 15 US-6 Utility Cones-EPCC SPORTS AUTHORITY Operating Supplies Fitness Center 54 US-SilverSneakers Program KOWALSKI'S MARKET Operating Supplies Fitness Classes 150 US-Supplies - EPCC OFFICEMAX CREDIT PLAN Operating Supplies Community Center Admin 22 US-Workout Book - EPCC BARNES & NOBLE Training Supplies Fitness Classes 26 US-Food-Training EPCC EINSTEIN BROTHERS BAGELS Training Supplies Pool Operations 48 US-Shop Paint MENARDS Repair & Maint. Supplies Utility Operations - General 27 US-Supplies MENARDS Repair & Maint. Supplies Utility Operations - General 48 US-Supplies OLSEN COMPANIES Equipment Parts Storm Drainage 15 US-MNFac Meeting SWEETWATER GRIL Operating Supplies Fire 750 US-WSCE Conf-Rick H. NFPA Conference Expense Fire -119 US-Hotel Refund-FebStatem BALLY'S LAS VEGAS Conference Expense Fire 551 US-Airfare-E-OneVisit-S.K. NORTHWEST AIRLINES Travel Expense Fire 64 US-EPFD Staff Training PANERA BREAD Operating Supplies Fire 5 US-Airline Booking Fee NORTHWEST AIRLINES Travel Expense Fire 11 US-MNFac Meeting Food SWEETWATER GRIL Operating Supplies Fire 190 US-Security Conf-S.Koering DEPARTMENT OF PUBLIC SAFETY Conference Expense Fire 185 US-M-Step Conf-Chuck S. HENNEPIN TECHNICAL COLLEGE Conference Expense Fire 190 US-Security Conf.-Rick H. DEPARTMENT OF PUBLIC SAFETY Conference Expense Fire 190 US-Security Conf-Springer DEPARTMENT OF PUBLIC SAFETY Conference Expense Fire 190 US-Security Conf-S.Taylor DEPARTMENT OF PUBLIC SAFETY Conference Expense Fire 13 US-MNFac Meeting Food SWEETWATER GRIL Operating Supplies Fire 52 US-Gas-Vehicle #360 MARATHON OIL Operating Supplies Fire 1,533 US-FDIC Hotel-M.Stein-7nig EXPEDIA Conference Expense Fire 1,925 US-FDIC Hotel-S.K & W.P. EXPEDIA Conference Expense Fire 435 US-FDIC Conf-Mike Stein FDIC Conference Expense Fire 490 US-FDIC Conf-T.Schmitz FDIC Conference Expense Fire 15 US-MNFac Meeting Food SWEETWATER GRIL Operating Supplies Fire 195 US-NCEL Training MERCHANT NORTH CENTRAL ELECTRI Conference Expense Park Maintenance 13 US-Basin Maintenance WALGREEN'S #5080 Equipment Repair & Maint Water Treatment Plant 54 US-Nozzle Repair Parts WATER SAVER FAUCET CO. Equipment Parts Water Treatment Plant 130 US-Basin Project SEARS EDEN PRAIRIE Equipment Repair & Maint Water Treatment Plant 26 US-Basin Project FLEET FARM Equipment Repair & Maint Water Treatment Plant 20 US-Adult Enrichment Class INDEPENDENT SCHOOL DIST 272 Conference Expense Community Development Admin. 44 US-Food-ULI Conf - 2?? ROY'S LOS ANGELES Conference Expense Community Development Admin. 5 US-Food-ULI Conference CORNER BAKERY CAFE Conference Expense Community Development Admin. 10 US-Food-ULI Conference CORNER BAKERY CAFE Conference Expense Community Development Admin. 64 US-Airport Parking for Conf. MSP AIRPORT Conference Expense Community Development Admin. 783 US-Hotel for ULI Conference WILSHIRE GRAND Conference Expense Community Development Admin. -783 US-Hotel Refund for Conf. WILSHIRE GRAND Conference Expense Community Development Admin. 693 US-Hotel for ULI Conference WILSHIRE GRAND Conference Expense Community Development Admin. 57 US-Lunch(3)Town Ctr Mtg. REDSTONE AMERICAN GRILL INC Miscellaneous Community Development Admin. 30 US-Outdoor Ctr Supplies MENARDS Building Repair & Maint. Park Maintenance Amount Supplier / Explanation Account Description Business Unit 385 US-Outdoor Ctr Supplies MENARDS Equipment Repair & Maint Outdoor Center 107 US-Shop/OutdoorCtr Supp. MENARDS Building Repair & Maint. Park Maintenance 220 US-Outdoor Ctr Supplies MENARDS Building Repair & Maint. Park Maintenance 11 US-HR-Diversity Mtg Food TARGET Miscellaneous Housing and Community Service 24 US-Volunteer Recog.Event CUB FOODS EDEN PRAIRIE Miscellaneous Housing and Community Service 13 US-Volunteer Recog.Event CARIBOU COFFEE Miscellaneous Housing and Community Service 11 US-LEEP/OnTrack Supplies RAINBOW FOODS INC. Training Supplies Organizational Services 19 US-Intern Mtg with Directors CUB FOODS EDEN PRAIRIE Training Supplies Organizational Services 205 US-Open Enrollment Suppl. AMERICAN INSTITUTE FOR PR Training Supplies Organizational Services 34 US-Notary Stamp-K.Carlson NATIONSTAMPS Office Supplies General 5 US-NewHire BusTour Snks CUB FOODS EDEN PRAIRIE Training Supplies Organizational Services 77 US-NewHire BusTour Lunch DAVANNI'S PIZZA Training Supplies Organizational Services 130 US-Bk Club Lunch-23 Emp. DAVANNI'S PIZZA Training Supplies Organizational Services 2,918 US-Jan '08 Bldg Surcharges DEPT OF LABOR & INDUSTRY Building Surcharge General Fund 511 US-Jan '08 Bldg Surcharges DEPT OF LABOR & INDUSTRY Mechanical Surcharge General Fund 347 US-Jan '08 Bldg Surcharges DEPT OF LABOR & INDUSTRY Plumbing Surcharge General Fund -76 US-Jan '08 Bldg Surcharges DEPT OF LABOR & INDUSTRY Other Revenue General Fund 103 US-Liq-DISC Train. Lunch D BRIAN'S DELI & CATERING Miscellaneous Den Road Liquor Store 251 US-Wii Program TARGET Operating Supplies Senior Board 154 US-Wii Program TARGET Operating Supplies Senior Center Administration 904 US-Senior Trip OLD LOG THEATER Special Event Fees Trips 69 US-Sr Valentine Breakfast SING4ME.NET Operating Supplies Classes/Programs/Events -170 US-Sr. Trip Refund OLD LOG THEATER Special Event Fees Trips 109 US-Kitchen Supplies TARGET Operating Supplies Senior Board 13 US-Kitchen Supplies DOLLAR TREE STORES, INC. Operating Supplies Senior Board 102 US-Sr Advisory Council TARGET Operating Supplies Senior Board 3 US-Sr Advisory Council DOLLAR TREE STORES, INC. Operating Supplies Senior Board 1,978 US-Concession Sinks SUPERIOR PRODUCTS MFG CO Capital Under $10,000 Concessions 43 US-Concession Products CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 38 US-Sharpen Skates SPORTS WORLD USA INC Operating Supplies Ice Arena 11 US-Lego for Team Builder TARGET Operating Supplies Ice Arena 32 US-Lego for Team Builder TARGET Operating Supplies Ice Arena 43 US-Concession Products CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 11 US-Lego for Team Builder TARGET Operating Supplies Ice Arena 33 US-Concession Products KOWALSKI'S MARKET Merchandise for Resale Concessions 48 US-Concession Products CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 188 US-EPCC Office Supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Ice Arena 66 US-Wood-Box-AirCompress. HOME DEPOT CREDIT SERVICES Repair & Maint. Supplies Utility Operations - General 619 US-Hotel-NLC Conf-G.Esb. ORBITZ Travel Expense Fire 53 US-Travel Insur-G.Esbensen ORBITZ Travel Expense Fire 192 US-Airfare-NLC Conf-Esben. ORBITZ Travel Expense Fire 244 US-Council Wkshop Food LEEANN CHIN Miscellaneous City Council 36 US-GGP Mtg/Alan Young BIAGGI'S RISTORANTE ITALIANO Miscellaneous City Manager 20 US-Honor.Cultures Program EDEN PRAIRIE SCHOOL Miscellaneous City Manager 187 US-B & C Interviews Food BIAGGI'S RISTORANTE ITALIANO Miscellaneous City Council 156 US-Mtg w/Comm Ctr Staff BIAGGI'S RISTORANTE ITALIANO Miscellaneous City Manager 8 US-Blog TIGER TECHNOLOGIES Software Information Technology 282 US-Council Wkshop Food BAKERS' RIBS Miscellaneous City Council 38 US-Storage Bins-Wtr Plant MENARDS Repair & Maint. Supplies Utility Operations - General 217 US-#717 Shop Supplies HOME DEPOT CREDIT SERVICES Repair & Maint. Supplies Utility Operations - General 5 US-#717 Shop Supplies HOME DEPOT CREDIT SERVICES Repair & Maint. Supplies Utility Operations - General 184 US-#717 Shop Supplies NORTHERN TOOL & EQUIPMENT Repair & Maint. Supplies Utility Operations - General 145 US-#717 Shop Supplies MENARDS Repair & Maint. Supplies Utility Operations - General 227 US-#717 Shop Supplies HOME DEPOT CREDIT SERVICES Repair & Maint. Supplies Utility Operations - General 20 US-2nd "C" Boiler License DEPT OF LABOR & INDUSTRY Licenses & Taxes Water Treatment Plant 300 US-Conf-Dalbec & Schultz MINNESOTA RURAL WATER ASSOCIAT Tuition Reimbursement/School Water Treatment Plant 51 US-CAD Project-J.Morrow HOLIDAY INN Other Assets CIP - Bonds 51 US-CAD Project-B.Wyffels HOLIDAY INN Other Assets CIP - Bonds 51 US-CAD Project-S.Koering HOLIDAY INN Other Assets CIP - Bonds 51 US-CAD Project-S.Mitchell HOLIDAY INN Other Assets CIP - Bonds 51 US-CAD Project-J.Bergstrom HOLIDAY INN Other Assets CIP - Bonds 51 US-CAD Project-Lisa Vik HOLIDAY INN Other Assets CIP - Bonds 51 US-CAD Project-J.Good HOLIDAY INN Other Assets CIP - Bonds 51 US-CAD Project-Lisa Wu HOLIDAY INN Other Assets CIP - Bonds 89 US-School Threat Lunches D BRIAN'S DELI & CATERING Miscellaneous Police 11 US-Equipment Supplies MENARDS Operating Supplies Street Maintenance 267 US-Pump for ConcreteCrew NORTHERN TOOL & EQUIPMENT Operating Supplies Street Maintenance 13 US-Equipment Supplies MENARDS Operating Supplies Street Maintenance 44 US-Gym Equipment DISCOUNT SCHOOL SUPPLY Capital Under $10,000 Capital Impr. / Maint. Fund 634 US-Gym Equipment S&S WORLDWIDE Capital Under $10,000 Capital Impr. / Maint. Fund 229 US-Gym Equipment DISCOUNT SCHOOL SUPPLY Capital Under $10,000 Capital Impr. / Maint. Fund 623 US-Gym Equipment BSN SPORTS Capital Under $10,000 Capital Impr. / Maint. Fund Amount Supplier / Explanation Account Description Business Unit 123 US-Gym Equipment NASCO Capital Under $10,000 Capital Impr. / Maint. Fund 833 US-Gym Equipment SCHOOL TECH INC Capital Under $10,000 Capital Impr. / Maint. Fund 574 US-Gym Equipment FLAGHOUSE Capital Under $10,000 Capital Impr. / Maint. Fund 210 US-Memb.Card Print.Ribbon CDW GOVERNMENT INC. Office Supplies Community Center Admin 246 US-Gym Equipment FLAGHOUSE Capital Under $10,000 Capital Impr. / Maint. Fund 101 US-Gym Equipment FLAGHOUSE Capital Under $10,000 Capital Impr. / Maint. Fund -27 US-Refund-Gym Equipment FLAGHOUSE Capital Under $10,000 Capital Impr. / Maint. Fund 61 US-Books on Spraying UNIVERSITY OF MINNESOTA Operating Supplies Street Maintenance 4 US-Clamps for Aerator MENARDS Operating Supplies Park Maintenance 157 US-Supplies for Meter Shop MENARDS Repair & Maint. Supplies Utility Operations - General 237 US-Tools for Meter Garage SEARS EDEN PRAIRIE Small Tools Utility Operations - General 45 US-Tools for Meter Shop OLSEN COMPANIES Small Tools Utility Operations - General 235 US-Saw Blades HOME DEPOT CREDIT SERVICES Small Tools Utility Operations - General 549 US-Outdoor Ctr Adult Trip ROWE SANCTUARY Other Rentals Outdoor Center 267 US-Wood-Picnic Tables MENARDS Repair & Maint. Supplies Park Maintenance 34 US-Paint Roller Covers MENARDS Repair & Maint. Supplies Park Maintenance 13 US-Sandpaper-Picnic Tables MENARDS Repair & Maint. Supplies Park Maintenance 35 US-InterviewPanel Lunch-4 NEW BEIJING CHINESE RESTAURANT Employment Advertising Utility Operations - General 684 US-Advertisement-Employm FORUM Employment Advertising Utility Operations - General 5 US-Maint.Reference Book BARNES & NOBLE Training Supplies Utility Operations - General 1,269 US-Advertisement-Employm ARGUS LEADER Employment Advertising Utility Operations - General 112 US-Father/Daughter Dance ORIENTAL TRADING Operating Supplies Special Events & Trips 27 US-Resource forPrograming AMAZON.COM Operating Supplies Youth Programs Administration 48 US-Father/Daughter Dance PARTY AMERICA Operating Supplies Special Events & Trips 31 US-Father/Daughter Dance MICHAELS - THE ARTS & CRAFTS S Office Supplies Special Events & Trips 23 US-Father/Daughter Dance TARGET Operating Supplies Special Events & Trips 63 US-Preschool Trip-TargCtr. TARGET CENTER Special Event Fees Special Events & Trips 399 US-Preschool Trip-TargCtr. TARGET CENTER Special Event Fees Special Events & Trips 17 US-2 CommTheater Plays BAKER'S PLAYS Operating Supplies Arts Initiative 76 US-Office Start-up Supplies TARGET Repair & Maint. Supplies Community Center Maintenance 428 US-Office Start-up Supplies OFFICE DEPOT CREDIT PLAN Supplies - General Bldg Community Center Maintenance 35 US-DVD PrairieFest Mailers OFFICE DEPOT CREDIT PLAN Operating Supplies Youth Programs Administration 8 US-WinterTheatre Programs ANCHOR PAPER COMPANY Operating Supplies Winter Theatre 24 US-Phots for EPP Display PHOTO KING Video & Photo Supplies Arts Initiative 6 US-Water Game Supplies BYERLYS Operating Supplies Water Games 101 US-Around Town Outing LYRIC ARTS MAIN STREET Special Event Fees Around Town 218 US-Staff Traininng DVD PROGRAM DEVELOPMENT ASSOCIATES Recreation Supplies Accessibility 504 US-Sat.Night Out-Nemo-Ice TARGET CENTER Special Event Fees Teen Programs 43 US-Software for Police SWERG, INC Software IT Operating 54 US-E-permit Security PAYPAL INC Equipment Repair & Maint IT Operating 28 US-Fuel-CAD Conference SHELL Other Assets CIP - Bonds 40 US-Fuel-CAD Conference SHELL Other Assets CIP - Bonds 481 US-18/Dinner-Cad Confer. MINERVA'S Other Assets CIP - Bonds 39 US-Fuel-CAD Conference AMOCO OIL COMPANY Other Assets CIP - Bonds 51 US-Fuel-CAD Conference AMOCO OIL COMPANY Other Assets CIP - Bonds 42 US-Fuel-CAD Conference AMOCO OIL COMPANY Other Assets CIP - Bonds 146 US-Breakfast-CAD Conf. HOLIDAY INN Other Assets CIP - Bonds 165 US-Software for IT JAM SOFTWARE Software IT Operating 50 US-Business Day-D.Lindahl MINNESOTA CHAMBER OF COMMERCE Conference Expense Economic Development 138 US-NAHRO Memb.Dues-2 NAHRO Dues & Subscriptions Heritage Preservation 69 US-NAHRO Memb.Dues-1 NAHRO Dues & Subscriptions Economic Development 207 US-NAHRO Memb.Dues-3 NAHRO Dues & Subscriptions Community Development Admin. 207 US-NAHRO Memb.Dues-3 NAHRO Dues & Subscriptions City Manager 744 US-APA Conf-Mike Franzen AMERICAN PLANNING ASSOCIATION Conference Expense Planning 321 US-Airfare to APA Confer. NORTHWEST AIRLINES Travel Expense Planning 10 US-Ticketing Fee NORTHWEST AIRLINES Travel Expense Planning 239 US-Airfare-InspecConf.S.T. EXPEDIA Travel Expense Fire 239 US-Airfare-InspecConf.C.S. EXPEDIA Travel Expense Fire 10 US-Expedia Service Fees EXPEDIA Travel Expense Fire 40,811 Grand Total CITY COUNCIL AGENDA SECTION: Ordinances and Resolutions DATE: April 15, 2008 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah Michael D. Franzen ITEM DESCRIPTION: Temporary Real Estate Sign Ordinance – 2nd Reading ITEM NO.: XI.A. Requested Action Move to: • Approve 2nd Reading of the Ordinance amending City Code Section 11.70 relating to temporary real estate signs. Synopsis This code change is amending the use of temporary off-site directional sign for single properties to include Tuesday between 9:00 a.m. to 3:00 p.m. Attachment 1. Ordinance SIGN CODE CHANGE – TEMP. SINGLE PROPERTY SIGNS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. __-2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.70 RELATING TO SIGN PERMITS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 11.70, Subd. 3 “General Provisions Applicable to all Districts.”, K. is amended by deleting K. 3. (b) in its entirety and replacing it with the following: (b) Signs may be erected only from 10:00 p.m. Friday to 6:00 a.m. Monday and 9:00 a.m. to 3:00 p.m. on Tuesday. Section 2. City Code Chapter 1, entitled “General Provisions and Definitions Applicable to Entire City Code including Penalty for Violation” and Section 11.99, entitled “Violation a Misdemeanor” are herby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 15th day of April, 2008, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 15th day of April, 2008. ___________________________________ ___________________________________ Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on____________________, 2008. CITY COUNCIL AGENDA SECTION: Ordinances and Resolutions DATE: April 15, 2008 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah Regina Herron ITEM DESCRIPTION: Dynamic Display Ordinance – 1st Reading ITEM NO.: XI.B. Requested Action Move to: • Remove from table and reopen discussion; and • Approve 1st Reading of the Ordinance amending City Code Section 11.70, relating to dynamic displays Synopsis The staff has amended the ordinance in the following areas. 1. Dynamic display would be permitted in the TC-C (commercial) district of the Town Center. There are 3 sub-districts of the Town Center, including commercial, mixed use and residential. Dynamic display would be prohibited in the TC-MU (mixed use) and TC- R (residential) districts of the Town Center. 2. Dynamic display would be permitted in the Public (PU) district. This would apply to schools, parks, and churches. 3. Allow 35% of a sign area to be dynamic. There are signs with dynamic display in the City. The amount of dynamic display per sign varies from 15-35% of the sign area. The City of Minnetonka allows a dynamic display to occupy no more than 35 percent of the actual copy and graphic area. 4. Certification of Brightness. This is a written certification from the manufacturer that the sign conforms to city brightness standards. Background The code currently prohibits dynamic display. There are existing dynamic display signs in the City that were built prior to the code change in 2005 that prohibits any illuminated sign that changes in either color or intensity of light, flashes, scrolls, or is animated. The proposed ordinance would be permissive and includes provisions relating to location, size, time, brightness and maintenance standards. The staff recommendation to the Planning Commission for time change was once every 24 hours. The Planning Commission felt that a standard of once every 20 minutes would be more reasonable and consistent with the City of Bloomington and Minnetonka. There are existing dynamic display signs in the City. • Purgatory Creek Recreation Area - 77 sf. Dynamic display - 27 sf ( 35%.) • Walgreens at Hwy 5 and Eden Prairie Road - 80 sf. Dynamic display - 24 sf (30%) • Kowalski’s at Hwy 5/Eden Prairie Road – 78 sf. Dynamic display - 20 sf (26%). • SuperAmerica at Hwy 5/Eden Prairie Road – 80 sf. Dynamic display - 12sf (15%). Enforcement Since the last meeting the staff has talked with several communities relating to enforcement of brightness standards. Lincoln, Nebraska; Mesa, Arizona; Madison, Wisconsin; Plymouth, Minnesota; and Bloomington, Minnesota, measure brightness with a light meter when responding to a complaint. Minnetonka evaluates brightness by a three person committee. (City staff, sign industry, and a resident). The ordinances in these cities are relatively new, varying from last week in Plymouth Minnesota to two years in Lincoln Nebraska. The only city with enforcement experience since an ordinance was adopted is Lincoln, Nebraska (two complaints). Plymouth and Lincoln, Nebraska, use a standard light meter converting the reading mathematically from foot-candles to nits (cost 900.00). Another method to measure light is with a spectroradiometer (cost $8-20,000.00). These are typically used by sign manufacturers in factory settings to establish light levels for the sign. Greg Rendell of the Minnesota Sign Association prefers a measured way of enforcement. Adam Skare of Daktronics, a sign manufacturer prefers a committee approach to evaluate brightness. Staff suggests a measured approach using a light meter. In the event of a complaint, the staff would also ask the sign manufacturer to use their own equipment to measure brightness and then we can compare the results. The number of potential complaints can be minimized by two requirements. • A written certification from the sign manufacturer that light intensity has been preset to conform to the brightness levels established by code and that the preset level is protected from end user manipulation by password protected software or other method. This would offer the advantage of ensuring that electronic signs at a minimum cannot exceed the standards. • Signs need a mechanism to automatically control sign light levels based on ambient light conditions. These conditions would place more responsibility on the manufacturer and owner of the sign and minimize the number of complaints and staff time needed to enforce the code. Attachments 1. Ordinance DYNAMIC DISPLAY CODE AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.70, BY DEFINING “DYNAMIC DISPLAYS,” ADDING PROVISIONS APPLICABLE TO DYNAMIC DISPLAYS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. The City Council of the City of Eden Prairie, Minnesota, ordains: Section 1. City Code Chapter 11, Section 11.70, Subdivision 2, Subsection 14, defining “Motion Signs,” is repealed in its entirety. Section 2. City Code Chapter 11, Section 11.70, Subdivision 2 is amended by adding the following definition which is to be inserted alphabetically and the subsequent clauses renumbered consecutively: “Dynamic Display” – A sign or characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. Section 3. City Code Chapter 11, Section 11.70, Subdivision 3, Subsection C is amended in its entirety as follows: Dynamic Displays are prohibited in all districts, except as otherwise expressly permitted in this Section 11.70. Section 4. City Code Chapter 11, Section 11.70, Subdivision 3, Subsection O, prohibiting Motion Signs, is repealed in its entirety. Section 5. City Code Chapter 11, Section 11.70 is amended by adding new Subdivision 7 to state as follows: Subd. 7. Dynamic Displays. A. Findings. Studies show that there is a correlation between Dynamic Displays on signs and the distraction of highway drivers. Distraction can lead to traffic accidents. Drivers can be distracted not only by a changing message, but also by knowing that the sign has a changing message. Drivers may watch a sign waiting for the next change to occur. Additionally, drivers are more distracted by special effects used to change the message, such as fade-ins and fade-outs. Time and temperature signs appear to be an exception to these concerns because the messages are short, easily absorbed, and become inaccurate without frequent changes. Despite these public safety concerns, there is merit to allowing new technologies to easily update messages. Except as prohibited by state or federal law, sign owners should have the opportunity to use these technologies with certain restrictions. The restrictions are intended to minimize potential driver distraction and to minimize proliferation in residential districts where signs can adversely impact residential character. The City finds that dynamic displays should be allowed on signs but with significant controls to minimize their proliferation and their potential threats to public safety. B. Permitted Sign Type and Locations. Dynamic Displays are permitted solely as Free-standing Signs and only in the Commercial Regional (C-Reg), Commercial Regional Service (C-Reg-Ser), Community Commercial (C-Com), Neighborhood Commercial (N- Com) Office (OFC), Town Center (TC-C), Public (Pu), and Industrial (I, I-2, I-5 & I-Gen) zoning districts. C. Duration of Image. A Dynamic Display’s image, or any portion thereof, may not change more often than once every 20 minutes, except one for which changes are necessary to correct hour-and- minute, date, or temperature information. A display of time, date, or temperature must remain for at least 20 minutes before changing to a different display, but the time, date, or temperature information itself may change no more often than once every three seconds. D. Transition. If a Dynamic Display’s image or any portion thereof changes, the change sequence must instantaneous without any special effects. E. Prohibition on Video Display. No portion of a Dynamic Display may change any part of its sign face by a method of display characterized by motion or pictorial imagery, or depict action or a special effect to imitate movement, or display pictorials or graphics in a progression of frames that gives the illusion of motion of any kind. F. Prohibition on Fluctuating or Flashing Illumination. No portion of a Dynamic Display image may fluctuate in light intensity or use intermittent, strobe or moving light, or light that changes in intensity in sudden transitory bursts, streams, zooms, twinkles, sparkles or in any other manner that creates the illusion of movement. G. Audio. Dynamic Displays shall not be equipped with audio speakers. H. Malfunctions. Dynamic Displays must be designed and equipped to freeze the sign face in one position if a malfunction occurs. Dynamic Displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner or operator must immediately turn off the display when notified by the City that it is not complying with the standards of this ordinance. I. Brightness. All Dynamic Displays shall meet the following brightness standards: a. No Dynamic Display may exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign’s face at maximum brightness. b. All Dynamic Displays having illumination by means other than natural light must be equipped with a dimmer control or other mechanism that automatically controls the sign’s brightness to comply with the requirements of this Section. c. No Dynamic Display may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. d. The owner or controller of the Dynamic Display must adjust the sign to meet these brightness standards in accordance with the City's instructions. The adjustment must be made immediately upon notice of non-compliance from the City. e. A written certification from the sign manufacturer that light intensity has been preset to conform to the brightness levels established by code and that the preset level is protected from end user manipulation by password protected software or other method. This would offer the advantage of ensuring that electronic signs at a minimum cannot exceed the standards. J. Dynamic displays are allowed only on free standing signs in the permitted districts. Dynamic displays may occupy no more than 35% percent of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic displays even if not used. Only one, contiguous dynamic display area is allowed on a sign face. Section 6. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 7. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 15th of April, 2008, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2008. Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on the _____ day of ___________, 2008 CITY COUNCIL AGENDA SECTION: Ordinances and Resolutions DATE: April 15, 2008 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah Regina Herron ITEM DESCRIPTION: Dynamic Display Ordinance – 2nd Reading ITEM NO.: XI.C. Requested Action Move to: • Approve 2nd Reading of the Ordinance amending City Code Section 11.70, relating to dynamic displays and adopt Resolution approving Summary publication. Synopsis This code change is adding definitions and regulations relating to signs with dynamic display. Attachment 1. Ordinance 2. Ordinance Summary DYNAMIC DISPLAY CODE AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.70, BY DEFINING “DYNAMIC DISPLAYS,” ADDING PROVISIONS APPLICABLE TO DYNAMIC DISPLAYS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. The City Council of the City of Eden Prairie, Minnesota, ordains: Section 1. City Code Chapter 11, Section 11.70, Subdivision 2, Subsection 14, defining “Motion Signs,” is repealed in its entirety. Section 2. City Code Chapter 11, Section 11.70, Subdivision 2 is amended by adding the following definition which is to be inserted alphabetically and the subsequent clauses renumbered consecutively: “Dynamic Display” – A sign or characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. Section 3. City Code Chapter 11, Section 11.70, Subdivision 3, Subsection C is amended in its entirety as follows: Dynamic Displays are prohibited in all districts, except as otherwise expressly permitted in this Section 11.70. Section 4. City Code Chapter 11, Section 11.70, Subdivision 3, Subsection O, prohibiting Motion Signs, is repealed in its entirety. Section 5. City Code Chapter 11, Section 11.70 is amended by adding new Subdivision 7 to state as follows: Subd. 7. Dynamic Displays. A. Findings. Studies show that there is a correlation between Dynamic Displays on signs and the distraction of highway drivers. Distraction can lead to traffic accidents. Drivers can be distracted not only by a changing message, but also by knowing that the sign has a changing message. Drivers may watch a sign waiting for the next change to occur. Additionally, drivers are more distracted by special effects used to change the message, such as fade-ins and fade-outs. Time and temperature signs appear to be an exception to these concerns because the messages are short, easily absorbed, and become inaccurate without frequent changes. Despite these public safety concerns, there is merit to allowing new technologies to easily update messages. Except as prohibited by state or federal law, sign owners should have the opportunity to use these technologies with certain restrictions. The restrictions are intended to minimize potential driver distraction and to minimize proliferation in residential districts where signs can adversely impact residential character. The City finds that dynamic displays should be allowed on signs but with significant controls to minimize their proliferation and their potential threats to public safety. B. Permitted Sign Type and Locations. Dynamic Displays are permitted solely as Free-standing Signs and only in the Commercial Regional (C-Reg), Commercial Regional Service (C-Reg-Ser), Community Commercial (C-Com), Neighborhood Commercial (N- Com) Office (OFC), Town Center (TC-C), Public (Pu), and Industrial (I, I-2, I-5 & I-Gen) zoning districts. C. Duration of Image. A Dynamic Display’s image, or any portion thereof, may not change more often than once every 20 minutes, except one for which changes are necessary to correct hour-and- minute, date, or temperature information. A display of time, date, or temperature must remain for at least 20 minutes before changing to a different display, but the time, date, or temperature information itself may change no more often than once every three seconds. D. Transition. If a Dynamic Display’s image or any portion thereof changes, the change sequence must instantaneous without any special effects. E. Prohibition on Video Display. No portion of a Dynamic Display may change any part of its sign face by a method of display characterized by motion or pictorial imagery, or depict action or a special effect to imitate movement, or display pictorials or graphics in a progression of frames that gives the illusion of motion of any kind. F. Prohibition on Fluctuating or Flashing Illumination. No portion of a Dynamic Display image may fluctuate in light intensity or use intermittent, strobe or moving light, or light that changes in intensity in sudden transitory bursts, streams, zooms, twinkles, sparkles or in any other manner that creates the illusion of movement. G. Audio. Dynamic Displays shall not be equipped with audio speakers. H. Malfunctions. Dynamic Displays must be designed and equipped to freeze the sign face in one position if a malfunction occurs. Dynamic Displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner or operator must immediately turn off the display when notified by the City that it is not complying with the standards of this ordinance. I. Brightness. All Dynamic Displays shall meet the following brightness standards: a. No Dynamic Display may exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign’s face at maximum brightness. b. All Dynamic Displays having illumination by means other than natural light must be equipped with a dimmer control or other mechanism that automatically controls the sign’s brightness to comply with the requirements of this Section. c. No Dynamic Display may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. d. The owner or controller of the Dynamic Display must adjust the sign to meet these brightness standards in accordance with the City's instructions. The adjustment must be made immediately upon notice of non-compliance from the City. e. A written certification from the sign manufacturer that light intensity has been preset to conform to the brightness levels established by code and that the preset level is protected from end user manipulation by password protected software or other method. This would offer the advantage of ensuring that electronic signs at a minimum cannot exceed the standards. J. Dynamic displays are allowed only on free standing signs in the permitted districts. Dynamic displays may occupy no more than 35% percent of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic displays even if not used. Only one, contiguous dynamic display area is allowed on a sign face. Section 6. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 7. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 15th day of April, 2008, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2008. Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on the _____ day of ___________, 2008 DYNAMIC DISPLAY CODE AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.70 RELATING TO SIGN PERMITS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendments to city code chapter 11 relating to signs with dynamic display. Effective Date: This Ordinance shall take effect upon publication. ATTEST: _____________________________ _____________________________ Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on__________________, 2008. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. ___-2008 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. ____-2008 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 15th day of April 2008. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. ____-2008 is lengthy and/or contains charts. B. The text of the summary of Ordinance No. ____-2008, attached hereto, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance No. ____-2008 shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication. ADOPTED by the City Council on April 15, 2008. ________________________ Phil Young, Mayor ATTEST: __________________________ Kathleen Porta, City Clerk