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City Council - 01/20/2009
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY. JANUARY 20, 2009 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, Ron Case, 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 GUESTS: Representative Jennifer Loon, Representative Maria Ruud, Senator David Hann Heritage Room II I. MEETING WITH EDEN PRAIRIE'S STATE LEGISLATIVE DELEGATION Council Chamber II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 20, 2009 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Jon Duckstad, Kathy Nelson, and Ron Case 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. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. DR. MARTIN LUTHER KING,JR. PROCLAMATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 6, 2009 B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 6, 2009 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION EXTENDING CONDITIONAL USE AGREEMENT WITH HENNEPIN COUNTY FOR ELECTRONIC GEOGRAPHICAL DIGITIZED DATA C. RECEIVE THE 2008 LGPEA PAY EQUITY REPORT AND APPROVE SUBMITTAL OF THE REPORT TO THE STATE D. APPROVE AGREEMENT WITH HILDE INC. FOR ACTUARIAL SERVICES E. APPROVE RENEWAL OF AGREEMENT FOR TOWING SERVICES BETWEEN THE CITY AND MATT'S AUTO SERVICE FOR 2009 F. APPROVE THE JOINT POWERS AGREEMENT FOR THE TYPE 3 ALL HAZARD INCIDENT MANAGEMENT TEAM CITY COUNCIL AGENDA January 20, 2009 Page 2 G. ADOPT RESOLUTION AUTHORIZING THE DISPOSAL OF ONE PARCEL OF TAX FORFEITED LAND BY HENNEPIN COUNTY H. ADOPT RESOLUTION AMENDING RESOLUTION 2009-07 DESIGNATING OFFICIAL MEETING DATES, TIMES AND PLACE FOR CITY BOARDS AND COMMISSIONS I. ADOPT RESOLUTION RELATING TO LEASE REVENUE REFUNDING BONDS (CITY HALL AND COMMUNITY CENTER PROJECTS), SERIES 2009A OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA; AUTHORIZING EXECUTION AND DELIVERY OF A LEASE PURCHASE AGREEMENT IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. SOUTHWEST LIGHT RAIL TRANSIT POLICY ADVISORY COMMITTEE XIV. REPORTS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Camp Eden Wood Update 2. 2009 Council Planning Session 3. Metro Cities Membership C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. LED Street Light Update F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY CITY COUNCIL AGENDA January 20, 2009 Page 3 XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: January 16, 2009 TO: Mayor and City Council FROM: Scott Neal, City Manager RE: City Council Meeting for Tuesday, January 20, 2009 TUESDAY,JANUARY 20, 2009 7:00 PM, COUNCIL CHAMBER U I. CALL THE HRA MEETING TO ORDER II. COLOR GUARD/PLEDGE OF ALLEGIANCE (See separate instructions on dais) III. APPROVE MINUTES OF THE HRA MEETING HELD DECEMBER 16, 2008 III. ADOPT A RESOLUTION AUTHORIZING ISSUANCE,AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR PAYMENT OF $3,290,000 LEASE REVENUE REFUNDING BONDS (CITY HALL AND COMMUNITY CENTER PROJECTS), SERIES 2009A AND AUTHORIZING EXECUTION OF A LEASE-PURCHASE AGREEMENT Synopsis: The bond proceeds will be used to refinance the 2002A bonds which will result in a saving of approximately $50,000. The bonds are for the debt owed on the City Center and the second sheet of ice at the community center. MOTION: Move to adopt a resolution authorizing the issuance, awarding sale, prescribing the form and details and providing for the payment of $3,290,000 lease revenue refunding bonds (City Hall and Community Center Projects), Series 2009A and authorizing the execution of a lease-purchase agreement V. ADJOURNMENT MOTION: Move to adjourn the HRA meeting. CITY COUNCIL MEETING I. ROLL CALL/CALL THE MEETING TO ORDER II. COLOR GUARD/PLEDGE OF ALLEGIANCE (Note: The color guard will be done at the beginning of the HRA Meeting.) ANNOTATED AGENDA January 20, 2009 Page 2 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. DR. MARTIN LUTHER KING, JR. PROCLAMATION Mayor Young will read the Proclamation and Manifesto. Following the reading, a member of the Human Rights and Diversity Commission will provide an overview the City's Human Rights Award program. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 6, 2009 B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 6, 2009 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-I on the Consent Calendar. A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION EXTENDING CONDITIONAL USE AGREEMENT WITH HENNEPIN COUNTY FOR ELECTRONIC GEOGRAPHICAL DIGITIZED DATA C. RECEIVE THE 2008 LGPEA PAY EQUITY REPORT AND APPROVE SUBMITTAL OF THE REPORT TO THE STATE D. APPROVE AGREEMENT WITH HILDE INC. FOR ACTUARIAL SERVICES ANNOTATED AGENDA January 20, 2009 Page 3 E. APPROVE RENEWAL OF AGREEMENT FOR TOWING SERVICES BETWEEN THE CITY OF EDEN PRAIRIE AND MATT'S AUTO SERVICE FOR 2009 F. APPROVE THE JOINT POWERS AGREEMENT FOR THE TYPE 3 ALL HAZARD INCIDENT MANAGEMENT TEAM G. ADOPT RESOLUTION AUTHORIZING THE DISPOSAL OF ONE PARCEL OF TAX FORFEITED LAND BY HENNEPIN COUNTY H. ADOPT RESOLUTION AMENDING RESOLUTION 2009-07 DESIGNATING OFFICIAL MEETING DATES, TIMES AND PLACE FOR CITY BOARDS AND COMMISSIONS I. ADOPT RESOLUTION RELATING TO LEASE REVENUE REFUNDING BONDS (CITY HALL AND COMMUNITY CENTER PROJECTS), SERIES 2009A OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE,MINNESOTA; AUTHORIZING EXECUTION AND DELIVERY OF A LEASE PURCHASE AGREEMENT IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS MOTION: Move approval of the Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS,REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. SOUTHWEST LIGHT RAIL TRANSIT POLICY ADVISORY COMMITTEE Synopsis: Council Member Nelson served as the representative to the Southwest Light Rail Transit Policy Advisory Committee in 2008. Community Development Director Janet Jeremiah served as the alternate. The requested action reaffirms their ongoing appointments as representative and alternate to the SWLRT PAC. MOTION: Move to reappoint Council Member Nelson as the City of Eden Prairie's representative and Community Development Director Janet Jeremiah as the alternate to the Southwest Light Rail Transit Policy Advisory Committee for 2009. XIV. REPORTS A. REPORTS OF COUNCILMEMBERS ANNOTATED AGENDA January 20, 2009 Page 4 B. REPORT OF CITY MANAGER 1. Camp Eden Wood Update 2. 2009 Council Planning Session 3. Metro Cities Membership C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. LED Street Light Update 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. AGENDA CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,JANUARY 20, 2009 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Phil Young, Council Members Brad Aho, Ron Case, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Finance Director Sue Kotchevar and Recorder Jan Curielli I. CALL THE HRA MEETING TO ORDER II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. APPROVE MINUTES OF HRA MEETING HELD ON DECEMBER 16, 2008 IV. ADOPT A RESOLUTION AUTHORIZING ISSUANCE,AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR PAYMENT OF $3,290,000 LEASE REVENUE REFUNDING BONDS (CITY HALL AND COMMUNITY CENTER PROJECTS), SERIES 2009A AND AUTHORIZING EXECUTION OF A LEASE-PURCHASE AGREEMENT V. ADJOURNMENT HRA ITEM NO: III. UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,DECEMBER 16, 2008 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Finance Director Sue Kotchevar and Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Chair Young called the meeting to order at 7:08 PM in shared session with the Council meeting. All members were present. II. APPROVE MINUTES OF HRA MEETING HELD ON SEPTEMBER 2, 2008 MOTION: Duckstad moved, seconded by Aho, to approve the minutes of the HRA meeting held on September 2, 2008 as published. Motion carried 5-0. III. ADOPT RESOLUTION CERTIFYING THE 2008 HRA PROPERTY TAX LEVY TO BE $200,000 AND APPROVING THE 2008 HRA BUDGET OF $200,000 Neal said the City Council serves as both the City Council and the Housing and Redevelopment Authority (HRA). Minnesota law authorizes the HRA to levy a tax with the consent of the City Council, and this resolution gives the consent needed. This levy is used to supplement housing programs and for some of the staff that work in that area. The annual levy has been at $200,000 since it was first levied in 2004. MOTION: Nelson moved, seconded by Butcher, to adopt HRA Resolution 2008- 05 certifying the 2009 Property Tax levy to be $200,000 and approving the 2009 budget of$200,000 as reviewed by the Council. Motion carried 5-0. V. ADJOURNMENT MOTION: Aho moved, seconded by Duckstad, to adjourn the HRA. Motion carried 5-0. Chair Young adjourned the meeting at 7:10 PM. HRA AGENDA DATE: SECTION: January 20, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: HRA ITEM NO.: IV. Sue Kotchevar, Office of the Resolution Authorizing Issuance, Awarding City Manager/Finance Sale, Prescribing the Form and Details and Providing for Payment of $3,290,000 Lease Revenue Refunding Bonds (City Hall and Community Center Projects), Series 2009A and Authorizing Execution of a Lease- Purchase Agreement Requested Action Move to: Adopt a resolution authorizing the issuance, awarding sale,prescribing the form and details and providing for the payment of$3,290,000 lease revenue refunding bonds (City Hall and Community Center Projects), Series 2009A and authorizing the execution of a lease-purchase agreement Synopsis The bond proceeds will be used to refinance the 2002A bonds which will result in a saving of approximately $50,000. The bonds are for the debt owed on the City Center and the second sheet of ice at the Community Center. Attachments Resolution Lease-Purchase Agreement CERTIFICATION OF MINUTES RELATING TO $3,235,000 LEASE REVENUE REFUNDING BONDS (CITY HALL AND COMMUNITY CENTER PROJECTS), SERIES 2009A Issuer: Housing and Redevelopment Authority in and for the City of Eden Prairie Governing Body: Board of Commissioners Kind, date, time and place of meeting: A regular meeting, held on January 20, 2009, at 7:15 p.m., at the City Hall in Eden Prairie, Minnesota. Commissioners present: Commissioners absent: Documents Attached: Minutes of said meeting, including: RESOLUTION NO. RESOLUTION AUTHORIZING THE ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $3,235,000 LEASE REVENUE REFUNDING BONDS (CITY HALL AND COMMUNITY CENTER PROJECTS), SERIES 2009A AND AUTHORIZING THE EXECUTION OF A LEASE- PURCHASE AGREEMENT I, the undersigned,being the duly qualified and acting recording officer of the public corporation issuing the Bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said Bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above,pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer 20th day of January, 2009. Secretary Commissioner introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $3,235,000 LEASE REVENUE REFUNDING BONDS (CITY HALL AND COMMUNITY CENTER PROJECTS), SERIES 2009A AND AUTHORIZING THE EXECUTION OF A LEASE- PURCHASE AGREEMENT BE IT RESOLVED by the Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Eden Prairie (the "Authority"), as follows: WHEREAS, the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "Authority") is authorized by Minnesota Statutes, Sections 469 (the "Act"), to issue bonds to finance or refinance a redevelopment project and the principal and interest on the bonds may be payable exclusively from its income and revenues of the project financed or refinanced with the proceeds of the Bonds; and WHEREAS, the Act further authorized the Authority to make any of its land in a redevelopment project available for use by public agencies by sale, lease or otherwise; and WHEREAS, the Authority has undertaken a project (the "Community Center Project") consisting of the construction of improvements to a community center facility located on land in the City of Eden Prairie, Minnesota(the "City") as an authorized project under the Act, and has financed the cost thereof by the issuance of its revenue bonds denominated Lease Revenue Bonds (Community Center Project), Series 1992A(the "Series 1992A Bonds"), and has leased the Community Center Project to the City pursuant to and in accordance with a Lease- Purchase Agreement, dated as of August 1, 1992,between the Authority and the City; and WHEREAS, the Authority has undertaken a project (the "City Hall Project," together with the Community Center Project, the "Project") consisting of the acquisition of certain real property in the City and the acquisition and rehabilitation of an existing building located thereon, a portion of which was for use as a city hall and city offices (the "Governmental Space"), as an authorized project under the Act, and has financed the cost thereof by the issuance of its revenue bonds denominated Lease Revenue Bonds (City Hall Project), Series 1992B (the "Series 1992B Bonds") and its Lease Revenue Bonds (City Hall Project), Series 1993A (the "Series 1993A Bonds") and leased with an agreement to sell to the City pursuant to a lease agreement, dated as of August 1, 1992 (the "Series B Lease Agreement"), and amended by a First Amendment to Series B Lease Agreement, dated as of May 1, 1993, between the Authority and the City; and WHEREAS, the Authority has issued its lease revenue refunding bonds pursuant to the Act, denominated Lease Revenue Refunding Bonds (City Hall and Community Center Projects), Series 2002A (the "Series 2002A Bonds"), for the purpose of refunding in advance of maturity the outstanding Series 1992A Bonds and Series 1992B Bonds; and WHEREAS, it is proposed that the Authority issue its lease revenue refunding bonds pursuant to the Act, to be denominated Lease Revenue Refunding Bonds (City Hall and Community Center Projects), Series 2009A (the "Bonds") for the purpose of refunding in advance of maturity $3,240,000 of principal amount of the outstanding Series 2002A Bonds (the "Refunded Bonds"), and to pay certain costs of the issuance of the Bonds and of the refunding of the Refunded Bonds; and WHEREAS,the Bonds issued under this Resolution will be secured by the Lease- Purchase Agreement, dated as of February 1, 2009 (the "Lease"), between the Authority and the City, and of the revenues derived by the Authority from the Project, and the bonds and interest thereon shall be payable solely from the revenues pledged thereto and no bonds shall constitute a debt of the Authority within the meaning of any constitutional or statutory limitation nor shall the full faith, credit and taxing powers of the Authority be pledged thereto; and WHEREAS,under the Lease, the City is to pay to the Authority sufficient money each year to pay the principal of, premium, if any, and interest on the bonds issued to refinance the Project, and the City is to provide the cost of maintaining the Project in good repair, the cost of keeping the Project properly insured, and any payments required for taxes and any expenses incurred by the Authority in connection with the Project; and WHEREAS, forms of the Lease and the Preliminary Official Statement, dated January 15, 2009 (together with the Final Official Statement to be prepared and distributed prior to delivery of the Bonds, the "Official Statement") have been presented to this Board and are hereby ordered to be placed on file in the office of the Secretary. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Eden Prairie, as follows: Section 1. Authorization and Sale. 1.1. This Board acknowledges, finds, determines and declares that it is in the best interests of the Authority to refinance the Project. 1.2. The Bonds and the interest on the Bonds shall be payable solely from the revenue pledged therefor and shall not constitute a debt of the Authority within the meaning of any constitutional or statutory limitation nor shall constitute nor give rise to a pecuniary liability of the Authority or a charge against its general credit or taxing powers and shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the Authority other than the lease-purchase payments to be received under the Lease. 1.3. Sale. The Authority has retained Sound Capital Management, Inc. as independent financial advisor in connection with the sale of the Bonds. The Authority has received an offer from Northland Securities, Inc., in Minneapolis, Minnesota(the Purchaser) to purchase the Bonds at a price of$3,267,114.75 plus accrued interest on all Bonds to the day of delivery and payment, on the further terms and conditions hereinafter set forth. The offer is hereby accepted, and the Chair and Executive Director are hereby authorized and directed to execute a contract on the part of the Authority for the sale of the Bonds with the Purchaser. 2 Section 2. Bond Terms; Registration; Execution and Delivery. 2.1. Issuance of Bonds. For the purpose of financing the cost of refunding the Refunded Bonds, this Board hereby authorizes the issuance of the Bonds in the aggregate principal amount of$3,235,000. All acts, conditions and things which are required by the Act and the Constitution and laws of the State of Minnesota to be done, to exist,to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, existing, having happened and having been performed, it is now necessary for this Board to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. 2.2. Maturities; Interest Rates; Denominations; Payment. The Bonds shall be in denominations of$5,000 each, or any integral multiple thereof, shall bear a date of original issue as of February 1, 2009, shall mature on February 1 in the respective years and amounts stated below, and shall bear interest from date of original issue until paid or duly called for redemption at the respective annual rates set forth opposite such years and amounts, as follows: Year Amount Rate 2010 $ 990,000 2.50% 2011 1,055,000 2.50 2012 1,195,000 3.00 The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof shall be payable by check or draft issued by the Registrar described herein. 2.3. Dates; Interest Payment Dates. Each Bond shall be dated by the Registrar, as hereinafter defined, as of the date of authentication. The interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing August 1, 2009, to the registered owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. Interest will be computed on the basis of a 360-day year consisting of twelve 30-day months. 2.4. Appointment of Initial Registrar. The Authority hereby appoints Wells Fargo Bank,National Association, Minneapolis, Minnesota, as the initial bond registrar, transfer agent and paying agent (the Registrar). The Chair and the Executive Director are authorized to execute and deliver, on behalf of the Authority, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The Authority agrees to pay the reasonable and customary charges of the Registrar for the services performed. The Authority reserves the right to remove the Registrar upon thirty (30) days notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. 2.5. Registration. The effect of registration and the rights and duties of the Authority and the Registrar with respect thereto shall be as follows: 3 (a) Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the Authority. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The Authority and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of the Bond,whether the Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and 4 upon cancellation of any mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the Authority and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the Authority. If the mutilated, destroyed, stolen or lost Bond has already matured it shall not be necessary to issue a new Bond prior to payment. (i) Authenticating Agent. The Registrar is hereby designated the authenticating agent for the Bonds within the meaning of Minnesota Statutes, Section 475.55, subdivision 1. 2.6. Execution,Authentication and Delivery. The Bonds shall be prepared under the direction of the Executive Director and shall be executed on behalf of the Authority by the signatures of the Chair and the Executive Director,provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery.Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the Treasurer shall deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.7. Redemption. The Bonds shall not be subject to redemption and prepayment prior to their stated maturity dates. 2.8. Securities Depository. (a) For purposes of this section the following terms shall have the following meanings: "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. 5 "DTC" shall mean The Depository Trust Company of New York, New York. "Participant" shall mean any broker-dealer, bank or other financial institution for which DTC holds Bonds as securities depository. "Representation Letter" shall mean the Representation Letter pursuant to which the Authority agrees to comply with DTC's Operational Arrangements. (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the Authority may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the Authority shall be affected by any notice to the contrary. Neither the Registrar nor the Authority shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Bonds,with respect to the accuracy of any records maintained by DTC or any Participant,with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with DTC's Operational Arrangements, and all such payments shall be valid and effective to fully satisfy and discharge the Authority's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the Authority to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e)hereof. (c) In the event the Authority determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the Authority may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (e) hereof. DTC may 6 determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the Authority and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (e)hereof. (d) The execution and delivery of the Representation Letter to DTC by the Chair or Secretary is hereby authorized and directed. (e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) or(c)hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. 2.9. Form of Bonds. The Bonds shall be printed in substantially the following form: [Face of the Bonds] UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE LEASE REVENUE REFUNDING BOND (CITY HALL AND COMMUNITY CENTER PROJECTS), SERIES 2009A R- $ Date of Rate Maturity Original Issue CUSIP February 1, 20_ February 1, 2009 REGISTERED OWNER: PRINCIPAL AMOUNT: THOUSAND DOLLARS KNOW ALL PERSONS BY THESE PRESENTS that the Housing and Redevelopment Authority in and for the City of Eden Prairie, a duly organized and existing public body, corporate and politic, of the State of Minnesota(the Authority), acknowledges itself to be 7 indebted and for value received hereby promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal sum specified above on the maturity date specified above, without option of prior redemption except upon an event of default under the Lease hereinafter referred to or a non-appropriation by the City as hereinafter described, with interest thereon from Date of Original Issue set forth above at the annual rate specified above, computed on the basis of a 360-day year consisting of twelve 30-day months and payable on February 1 and August 1 in each year, commencing August 1, 2009, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft or other agreed means of payment by Wells Fargo Bank,National Association, in Minneapolis, Minnesota, as Registrar and Paying Agent, or its designated successor under the Resolution described herein. This Bond is one of an issue in the aggregate principal amount of$3,235,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination, which Bond has been issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapters 469 and 475, and pursuant to a resolution adopted by the Board of Commissioners of the Authority on January 20, 2009 (the Resolution), for the purpose of providing money to refund certain outstanding lease revenue bonds of the Authority issued to finance or refinance the acquisition, construction and furnishing of a project to be leased by the Authority to the City of Eden Prairie, Minnesota (the City), pursuant to a Lease Agreement, dated as of February 1, 2009 (the Lease),between the Authority, as lessor, and the City, as lessee. The Bonds are payable solely from the Lease Revenue Refunding Bond Sinking Fund of the Authority, to which has been pledged the lease-purchase payments to be received by the Authority from the City pursuant to the Lease. Said lease- purchase payments, if timely made, will be in an amount sufficient to pay, with any proceeds of the Bonds and any other funds appropriated for such purpose, the principal of and interest on the Bonds as such becomes due. The obligation of the City under the Agreement to make lease- purchase payments sufficient to pay the principal of and interest on the Bonds when due is a limited obligation of the City, subject to the annual appropriation in each fiscal year by the City Council of funds sufficient to pay such lease-purchase payment. The City is not obligated to make any such appropriation and has the right to cancel and terminate the Agreement at the end of any fiscal year of the City if the City Council does not appropriate moneys sufficient to pay the lease-purchase payments coming due in the next fiscal year. The Bonds shall not constitute an indebtedness of the State of Minnesota, the Authority or any other political subdivision and neither the State, the Authority nor any other political subdivision shall be liable on the Bonds, nor shall the Bonds be payable out of any funds of the State, the Authority or other political subdivision other than lease-purchase payments to be made by the City to the Authority under the Lease which have been pledged by the Authority to the payment of the Bonds. No Holder of this Bond shall ever have the right to compel any exercise of the full faith and credit and taxing power of the State of Minnesota or the Authority to pay this Bond or the interest hereon, or to enforce payment thereof against any property of the State of Minnesota or the Authority other than the lease-purchase payments so pledged. The Bonds of this issue are issuable only in fully registered form, in denominations of$5,000 or any integral multiple thereof, of single maturities. 8 In case an Event of Default as defined in the Lease occurs, or in the event of non- appropriation by the City Council of the City, the Authority may declare the principal of all Bonds outstanding to be due and payable prior to the stated maturity thereof, and upon such declaration, the principal of all Bonds outstanding shall become due and payable. After such declaration, all moneys received by the Authority and applicable to the Bonds pursuant to the Lease shall be applied to the equal and proportional payment of all Bonds outstanding and claims for interest thereon, without priority of any Bond over another Bond, or of principal over interest or interest over principal. Bonds of this series have been designated as "qualified tax-exempt obligations"pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the Authority at the principal office of the Registrar,by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney, and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the Authority will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount,bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The Authority and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the Authority nor the Registrar shall be affected by any notice to the contrary. Notwithstanding any other provisions of this Bond, so long as this Bond is registered in the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any other nominee of The Depository Trust Company or other securities depository, the Registrar shall pay all principal of and interest on this Bond, and shall give all notices with respect to this Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the Authority. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding special obligation of the Authority in accordance with its terms, have been done, do exist, have happened and have been performed as so required; and that the issuance of this Bond does not cause the indebtedness of the Authority to exceed any constitutional or statutory limitation of indebtedness. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by manual signature of one of its authorized representatives. 9 IN WITNESS WHEREOF, the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota, by its Board of Commissioners, has caused this Bond to be executed on its behalf by the facsimile signatures of the Chair and Executive Director. HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA (facsimile signature) (facsimile signature) Executive Director Chair Date of Authentication: , 2009. 10 CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. WELLS FARGO BANK,NATIONAL ASSOCIATION, as Registrar By Authorized Representative The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM --as tenants in common UTMA as Custodian for (Cust) (Minor) TEN ENT --as tenants by the entireties under Uniform Transfers to Minors Act (State) JT TEN --as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used though not in the above list. 11 ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular,without alteration or enlargement or any change whatsoever. Signature Guaranteed: Signature(s) must be guaranteed by an"eligible guarantor institution"meeting the requirements of the Registrar, which requirements include membership or participation in STAMP or such other"signature guaranty program" as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. Please insert social security or other identifying number of assignee: [end of bond form] 12 Section 3. Use of Proceeds; Bond Fund. 3.1. Use of Proceeds. Upon payment for the Bonds by the Purchaser, the Executive Director shall deposit and apply the proceeds of the Bonds as follows: (a) $3,248,280.00 shall be deposited with the Trustee for the Refunded Bonds under the 2002 Indenture to be applied to the redemption and prepayment of the Refunded Bonds on February 24, 2009, in accordance with the provisions of the 2002 Indenture; (b) $15,775.00 shall be used to pay costs of issuance and (c) $7,161.00 shall be deposited in the Bond Fund created in Section 3.2 hereof. 3.2. Lease Revenue Refunding Bond Sinking Fund. (a) There shall be established on the official books and records of the Authority a Lease Revenue Refunding Bond Sinking Fund(the Bond Fund). To the Bond Fund there is irrevocably pledged and appropriated and shall be credited(i) the amount specified in Section 3.1, clause (c), and(ii) all Lease-Purchase Payments (as defined in the Lease)received from the City pursuant to the provisions of Section 6.1 of the Lease. The Bond Fund shall be used only to pay the principal of and interest on the bonds issued and made payable therefrom, including the Bonds. The balance on hand in the Bond Fund on each interest payment date will be used first pro rata to pay the interest then due on all Bonds payable therefrom, and second to pay the principal of the matured Bonds in order of their maturity dates, pro rata with respect to Bonds maturing on the same date. Investment earnings on amounts held in the Bond Fund shall be retained therein and applied to the payment of principal of and interest on Bonds payable therefrom. On or before each principal and interest payment date for the Bonds, the Treasurer of the Authority is directed to remit to the Registrar from funds on deposit in the Bond Fund the amount needed to pay principal and interest on the Bonds on the next succeeding principal and interest payment date. (b) The Authority covenants to apply all Lease-Purchase Payments received by the Authority from the City pursuant to the Lease to the payment of the principal of and interest on the Bonds. The Bonds shall not constitute or give rise to a charge against the general credit or properties or taxing powers of the Authority or the City and shall not grant to the Owners of the Bonds any right to have the Authority or the City levy any taxes or appropriate any funds for the payment of the principal thereof or interest thereon. The Bonds are not a general obligation or a pecuniary liability of the Authority or the City or the individual officers or agents thereof. The Bonds shall not constitute an indebtedness of the Authority or the City within the meaning of any state constitutional provision or statutory limitation. The Bonds and interest thereon are payable solely from Lease-Purchase Payments to be paid by the City pursuant to the Lease, or other moneys held by the Bond Registrar in a fund or account appropriated to the payment of the Bonds. (c) The obligation of the City to make Lease-Purchase Payments pursuant to the Lease is subject to annual appropriation by the City Council of the City. In the event the City Council determines not to appropriate moneys for the payment of Lease- Purchase Payments due in a fiscal year, the Lease will terminate at the end of the then- 13 current fiscal year, and the City will have no further obligation to make Lease-Purchase Payments pursuant to the Lease. (d) In case an Event of Default as defined in the Lease occurs, or in the event of non-appropriation by the City Council of the City, the Authority may declare the principal of all Bonds outstanding to be due and payable prior to the stated maturity thereof, and upon such declaration, the principal of all Bonds outstanding shall become due and payable. After such declaration, all moneys received by the Authority and applicable to the Bonds pursuant to the Lease shall be applied to the equal and proportional payment of all Bonds outstanding and claims for interest thereon, without priority of any Bond over another Bond, or of principal over interest or interest over principal. 3.3. Application of Moneys. All moneys received by the Authority pursuant to any right given or action taken under the provisions of this Resolution or the Lease, shall, after payment of the cost and expenses of the proceedings resulting in the collection of such moneys and of the expenses, liabilities and advances incurred or made by the Authority, be deposited in the Bond Fund and all moneys in the Bond Fund maintained with the Authority shall be applied as follows: (a) Unless the principal of all the Bonds shall have become due and payable, all such moneys shall be applied: First: To the payment to the Bondholders entitled thereto of all installments of interest then due on the Bonds, in the order of the maturity of the installments of such interest, and, if the amount available shall not be sufficient to pay in full any particular installment, then to the payment ratably, according to the amounts due on such installment, to the Bondholders entitled thereto, without any discrimination or privilege; and Second: To the payment to the Bondholders entitled thereto of the unpaid principal of any of the Bonds which shall have become due (other than Bonds called for redemption for the payment of which moneys are held pursuant to the provisions of this Resolution), in the order of their due dates, and, if the amount available shall not be sufficient to pay in full Bonds due on any particular date, then to the payment ratably, according to the amount of principal due on such date, to the Bondholders entitled thereto without any discrimination or privilege. (b) If the principal of all the Bonds shall have become due, all such moneys shall be applied to the payment of the principal and interest then due and unpaid upon the Bonds,without preference or priority of principal over interest or of interest over principal, or of any installment of interest over any other installment of interest, or of any Bond over any other Bond, ratably, according to the amounts due respectively for principal and interest, to the Bondholders entitled thereto without any discrimination or privilege. 14 3.4. Investments. All funds on hand in the Bond Fund shall be deposited or invested in accordance with Minnesota Statutes, Chapter 118A. All securities so purchased shall mature at or before the time when it is estimated that the proceeds thereof will be needed for the purposes of the Fund from which funds are withdrawn for the purchase. Section 4. Lease Agreement; Other Documents. 4.1. Approval. The form of Lease is hereby approved. The Chair and Executive Director are hereby authorized and directed to execute and deliver the Lease in the name and on behalf of the Authority with such variations, omissions and insertions as the Chair and Executive Director shall approve, which approval shall be conclusively presumed by the execution and delivery of said agreement by the Chair and Executive Director. The officers of the Authority are hereby authorized to do all acts and things required of them by or in connection with this Resolution and the Lease for the full,punctual and complete performance of all the terms, covenants and agreements contained in the Bonds, the Lease and this Resolution, including the execution and delivery of such closing certificates, arbitrage certifications and similar documents as may be required by bond counsel in connection with the issuance and delivery of the Bonds. 4.2. Covenant With Bondholders; Enforcement of Lease. Each and all of the terms and provisions of this Resolution shall be and constitute a covenant on the part of the Authority to and with each and every Holder from time to time of the outstanding Bonds issued hereunder. The Authority will proceed with due diligence to enforce its rights under the Lease for the benefit and security from time to time of the registered owners of the outstanding Bonds. In the event that, while Bonds are still outstanding, an Event of Default as defined in the Lease occurs and the Lease is terminated, or in the event of non-appropriation by the City Council of the City, the Authority covenants and agrees to use its best efforts, to lease or sell the Project to others, and will apply the sale proceeds, net rentals or other payments (after deduction of the costs incurred by the Authority in connection with such leasing)received by the Authority to the payment of the principal of and interest on the Bonds. Section 5. Defeasance. When all of the Bonds have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the registered owners of the Bonds shall cease. The Authority may discharge its obligations with respect to any Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The Authority may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action,by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing or callable at the holder's option on such dates as shall be required to pay all principal, premium, if any, and interest to become due thereon to maturity or an earlier designated redemption date. 15 Section 6. Registration of Bonds. The Executive Director is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County, together with such additional information as required, and to obtain from the County Auditor a certificate that the Bonds have been duly entered upon the County Auditor's bond register. Section 7. Authentication of Transcript. The officers of the Authority are hereby authorized and directed to prepare and furnish to the Purchaser, and to Dorsey&Whitney LLP, the attorneys rendering an opinion as to the legality thereof, certified copies of all proceedings and records relating to the Bonds and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds, as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, affidavits and certificates, including any heretofore furnished, shall be deemed representations of the Authority as to the correctness of all statements contained therein. Section 8. Official Statement. The Preliminary Official Statement relating to the Bonds, dated January 15, 2009, prepared and delivered on behalf of the Authority by Northland, is hereby approved. Northland is hereby authorized on behalf of the Authority to prepare and distribute to the Purchaser a Final Official Statement listing the offering price, the interest rates, selling compensation, delivery date, the underwriters and such other information relating to the Bonds required to be included in the Final Official Statement by Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Act of 1934. Within seven business days from the date hereof, the Authority shall deliver to the Purchaser sufficient copies of the Preliminary Official Statement and Final Official Statement. The officers of the Authority are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency thereof. Section 9. Tax Matters. 9.1. General Tax Covenant. The Authority agrees with the Holders from time to time of the Bonds that it will not take, or permit to be taken by any of its officers, employees or agents, any action that would cause interest on the Bonds to become includable in gross income of the recipient under the Internal Revenue Code of 1986, as amended(the "Code") and applicable Treasury Regulations (the "Regulations"), and agrees to take any and all actions within its powers to ensure that the interest on the Bonds will not become includable in gross income of the recipient under the Code and the Regulations. So long as any Bonds are outstanding, the Authority shall not enter into any contract for the sale of all or a portion of the Project or enter into any lease, management contract, use agreement or other agreement with any non-governmental person relating to the use of all or a portion of the Project or security for the payment of the Bonds which might cause the Bonds to be considered"private activity bonds" or "private loan bonds"pursuant to Section 141 of the Code. 16 9.2. Certification. The Chairperson and Executive Director, being the officers of the Authority charged with the responsibility for issuing the Bonds pursuant to this Resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with Section 148 of the Code, and applicable Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be "arbitrage bonds"within the meaning of the Code and Regulations. 9.3. Qualified Tax-Exempt Obligations. In order to enhance the marketability of the Bonds, and since the Authority and all subordinate entities do not reasonably expect to issue in excess of$10,000,000 of governmental and qualified 501(c)(3)bonds during calendar year 2009, the Bonds are hereby designated by the Authority as "qualified tax-exempt obligations" for the purposes of Section 265(b) of the Code. Section 10. Redemption The Executive Director is directed to cause the Trustee to call the Refunded Bonds for redemption and prepayment on February 24, 2009, which is their earliest permissible redemption date and to give or cause to be given notice of redemption in accordance with the provisions of the 2002 Indenture. The motion for adoption of the foregoing Resolution was seconded by Commissioner , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: and the following abstained: whereupon the Resolution was declared duly passed and adopted. 17 LEASE-PURCHASE AGREEMENT between the HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE As Lessor and CITY OF EDEN PRAIRIE, MINNESOTA As Lessee Dated as of February 1, 2009 This instrument drafted by: Dorsey& Whitney LLP Suite 1500 50 South Sixth Street Minneapolis, Minnesota 55402 THIS LEASE-PURCHASE AGREEMENT, dated as of February 1, 2009 (this Lease), by and between the HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA, as lessor(the Authority), whose address is 8080 Mitchell Road, Minnesota 55344 and CITY OF EDEN PRAIRIE, MINNESOTA, as lessee (the City), whose address is 8080 Mitchell Road, Minnesota 55344; WITNES SETH: WHEREAS, the Authority is authorized by Minnesota Statutes, Section 469.012, subdivision 1(7), within its area of operation and without the adoption of an urban renewal plan, to acquire real property, and to demolish, remove, rehabilitate or reconstruct the buildings and improvements or construct new buildings or improvements thereon; and WHEREAS, the Authority is authorized by Minnesota Statutes, Section 469.012, Subdivision 1(21), to sell or lease any of its real or personal property or interests therein; and WHEREAS, as authorized by Minnesota Statutes, Sections 469.034 and 469.035, and Chapter 475, (the Act), the Authority has issued(i) its Lease Revenue Bonds (Community Center Project), Series 1992A (the Series 1992A Bonds), ), (ii) its Lease Revenue Bonds (City Hall Project), Series 1992B (the Series 1992B Bonds) and(iii) its Lease Revenue Bonds (City Hall Project), Series 1993A (the Series 1993A Bonds)to finance the acquisition, construction and rehabilitation of a community center facility(the Community Center Project) and a city hall facility (the City Hall Project); all located on the land described on Exhibit A attached hereto; and WHEREAS, the Authority has issued its Lease Revenue Refunding Bonds (City Hall and Community Center Projects), Series 2002A (the Series 2002A Bonds), dated as of February 1, 2002, to refinance the Community Center Project and a portion of the City Hall Project by refunding the Series 1992A Bonds and the Series 1992B Bonds; and WHEREAS, the City has requested that the Authority issue its lease revenue refunding bonds, the proceeds of which will be used to refinance the City Hall Project and the Community Center Project(collectively, the Project)by refunding the outstanding Series 2002A Bonds having stated maturities in the years 2010 through 2012 (the Refunded Bonds), and to pay certain costs of the issuance of the Bonds and of the refunding of the Refunded Bonds; and WHEREAS, the Authority has agreed to refinance the Project and to lease and agreed to sell the Project to the City,pursuant to the terms and conditions of this Lease; WHEREAS, as recited in the bond resolution of the Authority adopted January 20, 2009, the Authority has all necessary power to refinance the Project by refunding the Refunded Bonds and enter into this Lease of the Project with the City; NOW, THEREFORE, in the joint and mutual exercise of their powers, and in consideration of the mutual covenants herein contained, the parties hereto recite and agree as follows: ARTICLE I DEFINITIONS AND EXHIBITS Section 1.1. Definitions. Unless the context otherwise requires, the terms defined in this Section shall, for all purposes of this Lease, have the meanings herein specified. Authority Representative: The Chairperson of the Authority or the Secretary or any other person authorized to act on behalf of the Authority under or with respect to this Lease, as evidenced by a certificate conferring such authority executed by the Chairperson, given to City. Bond Fund: The fund designated as the Lease Revenue Refunding Bond Sinking Fund and established by the Authority pursuant to the Resolution. Bonds: The $3,290,000 Lease Revenue Refunding Bonds (City Hall and Community Center Projects), Series 2009A, to be issued by the Authority pursuant to the Resolution. City Representative: The Mayor or the City Manager, or any person authorized by law to act on behalf of the City under or with respect to this Lease, as evidenced by a certificate conferring such authority executed by the Mayor and given to the Authority. Code: The Internal Revenue Code of 1986, as now or hereafter amended, and the regulations and revenue rulings and procedures issued pursuant thereto from time to time. Fiscal Year: Each twelve-month fiscal period of the City commencing on January 1 of any year and ending on December 31 of said year. Independent Counsel: An attorney duly admitted to the practice of law before the highest court of the State of Minnesota who is not a full-time employee of the Authority, the City or an assignee thereof Land: The real estate described on Exhibit A hereto, upon which the Project is located. Lease: This Lease-Purchase Agreement, and any duly authorized and executed amendment hereto. Lease-Purchase Payment: Any payment due from the City to the Authority under Section 6.1 of this Lease. Net Proceeds: Any insurance proceeds or condemnation award paid with respect to the Project, remaining after payment therefrom of all expenses incurred in the collection thereof Payment Date: The date upon which any Lease-Purchase Payment is due and payable as provided in the attached Exhibit C. Permitted Encumbrances: As of any particular time: (i) liens for taxes and assessments not then delinquent, or which the City may, pursuant to provisions of Article VII hereof;permit to remain unpaid, (ii) this Lease, (iii) any mechanic's, laborer's, materialmen's, supplier's or vendor's lien or right not filed or perfected in the manner prescribed by law, (iv) such minor defects, irregularities, encumbrances, easements, rights-of way and clouds on title as normally exist with respect to properties similar in character to the Land and do not, in the opinion of Independent Counsel, materially impair the property affected thereby for the purpose for which it was intended; (v) easements, restrictions or encumbrances, if any, shown on Exhibit A hereto; and(vi) a sublease to the Eden Prairie School District. Project: The facilities described in greater detail in Exhibit B hereto. Purchase Price: As of any date the Bonds are to be redeemed in whole, the aggregate unpaid principal amount of the Bonds, plus interest accrued to said date. Resolution: The bond resolution adopted by the Board of the Authority on January 20, 2009. State: The State of Minnesota. State and Federal Law or Laws: The Constitution and laws of the State, and any ordinance, rule or regulation of any agency or political subdivision of the State; and any law of the United States, and any rule or regulation of any federal agency. Term of the Lease or Lease Term: The period during which this Lease remains in effect as specified in Sections 5.2 and 5.3. Section 1.2. Exhibits. The following Exhibits are attached to and by reference made a part of this Lease: Exhibit A: A legal description of the Land on which the Community Center Project and the City Hall Project are located. Exhibit B. A description of the Project. Exhibit C: The schedule of Lease-Purchase Payments to be paid by City to Authority, showing the date and amount of each Lease-Purchase Payment. ARTICLE II REPRESENTATIONS AND COVENANTS OF CITY AND AUTHORITY Section 2.1. Representations and Covenants of City. The City represents and covenants as follows: (a) The Constitution and the laws of the State authorize the City to acquire, construct, operate and maintain the Project, to enter into this Lease and the transactions contemplated hereby, and to carry out its obligations under this Lease. (b) The officers of the City executing this Lease are duly authorized to execute and deliver this Lease under the Constitution and laws of the State. (c) The City has complied and will comply with all open meeting laws, all public bidding laws and all other State and Federal Laws applicable to this Lease. (d) The City will use the Project during the Lease Term only to perform essential governmental functions of the City, and will not enter into any lease,use agreement, management agreement or other lease with any entity other than an agency or political subdivision of the State of Minnesota which would cause the Bonds to be considered"private activity bonds" or"private loan bonds"pursuant to Section 141 of the Code. (e) During the Term of the Lease, the City will not take or permit any of its officers to take any action with respect to the Lease or the Project which would cause interest on the Bonds to become includable in gross income of the recipient for federal income tax purposes under the Code, and will take all actions necessary to ensure that interest on the Bonds remains excludable from gross income of the recipient under the Code, insofar as it has the power and authority to take such actions. (f) The execution and delivery of this Lease and the other agreements contemplated hereby to which the City is a party and the consummation of the transactions contemplated hereby and thereby and the fulfillment of the terms hereof and thereof will not conflict with, or constitute on the part of the City a breach of, or a default under, any existing (i) law, or(ii)provisions of any legislative act, constitution or other proceeding establishing or relating to the establishment of the City or its affairs or its resolutions, or(iii) agreement, indenture, mortgage, lease or other instrument to which the City is subject or is a party or by which it is bound. (g) No officer of the City who is authorized to take part in any manner in making this Lease or any contract contemplated hereby has a personal financial interest in or has personally and financially benefited from this Lease or any such contract. (h) There is not pending or threatened any suit, action or proceeding against or affecting the City before or by any court, arbitrator, administrative agency or other governmental authority which materially and adversely affects the validity, as to the City, of this Lease, any of the obligations of the City hereunder or any of the transactions contemplated hereby. Section 2.2. Representations and Covenants of Authority. The Authority represents and covenants as follows: (a) The Constitution and the laws of the State authorize the Authority to acquire and construct the Project, to enter into this Lease and the transactions contemplated hereby, and to carry out its obligations under this Lease. (b) The officers of the Authority executing this Lease are duly authorized to execute and deliver this Lease under the Constitution and laws of the State. (c) The Authority has complied and will comply with all open meeting laws, all public bidding laws and all other State and Federal Laws applicable to this Lease and the construction and furnishing of the Project. (d) The Authority will not enter into any lease, use agreement, management agreement or other contract which would cause the Bonds to be considered"private activity bonds" or"private loan bonds"pursuant to Section 141 of the Code. (e) During the Term of the Lease, the Authority will not take or permit any of its officers to take any action with respect to the Lease or the Project which would cause interest on the Bonds to become includable in gross income of the recipient for federal income tax purposes under the Code, and will take all actions necessary to ensure that interest on the Bonds remains not includable in gross income of the recipient under the Code, insofar as it has the power and authority to take such actions. (f) The execution and delivery of this Lease and the other agreements contemplated hereby to which the Authority is a party and the consummation of the transactions contemplated hereby and thereby and the fulfillment of the terms hereof and thereof will not conflict with, or constitute on the part of the Authority a breach of, or a default under, any existing (i) law, or(ii)provisions of any legislative act, constitution or other proceeding establishing or relating to the establishment of the Authority or its affairs or its resolutions, or(iii) agreement, indenture, mortgage, lease or other instrument to which the Authority is subject or is a party or by which it is bound. (g) No officer of the Authority who is authorized to take part in any manner in making this Lease or any contract contemplated hereby has a personal financial interest in or has personally and financially benefited from this Lease or any such contract. (h) There is not pending or threatened any suit, action or proceeding against or affecting the Authority before or by any court, arbitrator, administrative agency or other governmental authority which materially and adversely affects the validity, as to the Authority, of this Lease, any of the obligations of the Authority hereunder or any of the transactions contemplated hereby. ARTICLE III TITLE Section 3.1. Title. During the Term of the Lease, legal title to the Project and any and all repairs, replacements, substitutions and modifications to it shall be in the Authority, subject to the City's interests under this Lease. Section 3.2 Evidence of Title. The City shall, upon request of the Authority, provide to the Authority a written title opinion or title insurance evidencing that the Authority has good and marketable fee title to the Land subject only to Permitted Encumbrances. ARTICLE IV AGREEMENT TO SELL Section 4.1. Sale. The Authority hereby agrees to sell the Project to the City, and the City hereby agrees to purchase the Project from the Authority,upon the terms and conditions set forth in this Lease. The principal amount of the sale price is $3,290,000, payable with interest in Lease-Purchase Payments as set forth in Section 6.1 hereof. Section 4.2. Possession and Enjoyment. The Authority hereby covenants with respect to the Project to provide the City during the Term of the Lease with quiet use and enjoyment of the Project and the City shall during such Lease Term peaceably and quietly have and hold and enjoy the Project,without suit, trouble or hindrance from the Authority, except as expressly set forth in this Lease. The Authority will, at the request of the City and at the City's cost,join in any legal action in which the City asserts its right to such possession and enjoyment to the extent the Authority may lawfully do so. The Authority shall have the right to enter in and upon the Project as provided in Section 4.3. Section 4.3. Authority Access to Project. City agrees that the Authority and any Authority Representative shall have the right at all reasonable times to enter upon and to examine and inspect the Project. City further agrees that Authority and any Authority Representative shall have such rights of access to the Project as may be reasonably necessary to cause the proper maintenance of the Project in the event of failure by City to perform its obligations hereunder, or to carry out Authority's obligations and exercise Authority's rights under Article XII, or to determine whether City is in compliance with this Lease. ARTICLE V TERM OF LEASE Section 5.1. Lease. The Authority hereby agrees to lease the Project to the City and the City hereby agrees to lease the Project from the Authority,upon the terms and conditions set forth in this Lease. Section 5.2. Term of Lease. This Lease shall be and remain in effect with respect to the Project for a Lease Term commencing on the date hereof and continuing until February 1, 2012, or until terminated as provided in Section 5.3. Section 5.3. Termination of Lease Term. The Term of the Lease will terminate prior to February 1, 2012 upon the occurrence of the first of the following events: (a) termination of the Lease pursuant to Section 6.4 hereof; (b) defeasance of the Lease pursuant to Section 10.1 hereof; (c) a default by City and the Authority's election to terminate this Lease pursuant to Article XII; or (d) the payment by City of the Purchase Price, together with any fees and expenses due Authority hereunder or under the Resolution. Section 5.4. Conveyance. Upon the termination of the Lease as set forth in(b) or (d) above, Authority shall convey to the City all of its right, title and interest in the Project by quit claim deed and bill of sale. City shall pay all expenses of preparation of the documents of conveyance and all taxes and charges payable in connection with the conveyance. City shall take title subject to: (a) those liens and encumbrances, if any, to which the property was subject when conveyed to Authority; (b) those liens and encumbrances, if any, created, permitted or acquiesced in by City, or to the creation of which Authority did not consent; (c) those liens and encumbrances, if any,resulting from the failure of City to perform or observe any of its agreements in this Lease; (d) Permitted Encumbrances, other than this Lease; and (e) the lien of unpaid installments of special assessments levied against the Project and not yet due and payable. ARTICLE VI LEASE-PURCHASE PAYMENTS; FEES AND EXPENSES Section 6.1. Lease-Purchase Payments. City shall pay Lease-Purchase Payments with respect to the Project, at the times and in the amounts as set forth in Exhibit C. The Lease- Purchase Payments shall be payable to the Authority in lawful money of the United States of America. Amounts already on deposit in the Bond Fund as of each Payment Date may be credited against the Lease-Purchase Payment otherwise due on such date. Section 6.2. Lease-Purchase Payments to be Unconditional. Except as provided in Section 6.4, the obligation of City to make Lease-Purchase Payments due with respect to the Project or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between City and Authority or any other person, City shall make all Lease-Purchase Payments and other payments required hereunder when due and shall not withhold any Lease-Purchase Payment or other payment pending final resolution of such dispute nor shall City assert any right of set-off or counterclaim against its obligation to make such Lease-Purchase Payments or other payments required under this Lease. City's obligation to make Lease-Purchase Payments or other payments during the Lease Term shall not be abated through accident or unforeseen circumstances. Section 6.3. Current Expense. The obligations of the City under this Lease, including its obligation to pay the Lease-Purchase Payments due with respect to the Project in any Fiscal Year for which this Lease is in effect, shall constitute a current expense of the City for such Fiscal Year and shall not constitute an indebtedness of the City within the meaning of the Constitution and laws of the State. Nothing herein shall constitute a pledge by the City of any taxes or other moneys, other than moneys lawfully appropriated from time to time by or for the benefit of Authority's annual budget and the proceeds or Net Proceeds of the Project and Land, to the payment of any Lease-Purchase Payment or other amount coming due hereunder. Section 6.4. Termination of Lease. The City shall have the right to cancel and terminate this Lease, in whole but not in part, at the end of any Fiscal Year of the City, in the manner and subject to the terms specified in this Section and Section 6.6, if the City's governing body does not appropriate moneys sufficient to pay the Lease-Purchase Payments coming due in the next Fiscal Year. Lack of a sufficient appropriation shall be evidenced by a specific provision in the budget of the City,which prohibits the expenditure of the City funds for this purpose. The City may effect such termination by giving the Authority a written notice of termination and by paying to the Authority any Lease-Purchase Payments which are due and have not been paid at or before the end of its then current Fiscal Year. The City shall endeavor to give notice of termination not less than sixty (60) days prior to the end of such Fiscal Year, and shall notify the Authority of any anticipated termination. In the event of termination of this Lease as provided in this Section, the City shall deliver possession of the Project to the Authority in accordance with Section 12.3, and release its interest in the Project granted under this Lease within ten (10) days after the termination of this Lease. Section 6.5. Intent to Continue Lease-Purchase Payments; Appropriations. The City presently intends to continue this Lease for its entire Term and to pay all Lease-Purchase Payments required hereunder. The City's finance director will include in the budget request for each Fiscal Year the Lease-Purchase Payments to become due in such Fiscal Year, and will use all reasonable and lawful means at his/her disposal to secure the appropriation of money for such Fiscal Year sufficient to pay the Lease-Purchase Payments coming due therein. The City reasonably believes that moneys in an amount sufficient to make all such Lease-Purchase Payments can and will lawfully be appropriated and made available for this purpose. To provide the funds necessary to make the Lease-Purchase Payments, City agrees, subject to the provisions of Section 6.4, that it will include in each annual budget an appropriation sufficient therefor and will levy general ad valorem taxes in the amount required, together with any other available and appropriated funds, to make the Lease-Purchase Payments. Section 6.6. Effect of Termination. Upon termination of this Lease as provided in Section 6.4, the City shall not be responsible for the payment of any additional Lease- Purchase Payments coming due with respect to succeeding Fiscal Years, but if the City has not delivered possession of the Project to the Authority in accordance with Section 12.3 and conveyed to Lessor or released its interest in the Project granted under this Lease within ten(10) days after the termination of the Lease, the termination shall nevertheless be effective,but the City shall be responsible for the payment of damages in an amount equal to the amount of the Lease-Purchase Payments thereafter coming due under Exhibit C which are attributable to the number of days after such ten (10) day period during which the City fails to take such actions. Section 6.7. Additional Payments. City shall during the Lease Term, within thirty(30)business days after written notice that such payment is due, also pay the following amounts to the following persons: (a) to Authority, all reasonable expenses incurred by Authority in connection with the transactions contemplated hereby which are not otherwise required to be paid by City under the terms of this Lease; (b) all costs and expenses specifically required to be paid by City under the terms of this Lease or the Resolution; and (d) to Authority, the amount of all advances of funds made by it under the provisions hereof All amounts payable pursuant to this Section 6.7 shall be paid by the City within 60 days following mailing of notice of such amount due by the Authority to the City. In the event City should fail to make any of the payments required by this Section, the item in default shall continue as an obligation of City until the amount in default shall have been fully paid, and City will pay the same with interest thereon at the rate of 12%per annum, or, if less, at the maximum rate permitted by law. ARTICLE VII MAINTENANCE; TAXES; INSURANCE; AND OTHER MATTERS Section 7.1. Maintenance and Modification of Project by City. The City shall, at its own expense, maintain,preserve and keep the Project in good repair, working order and condition, and shall from time to time make all repairs, replacements and improvements necessary to keep the Project in such condition. Authority shall have no responsibility for any of these repairs, replacements or improvements. In addition, City shall, at its own expense, have the right to remodel the Project or to make additions, modifications and improvements thereto. All such additions, modifications and improvements shall thereafter comprise part of the Project, shall be the property of Authority and be subject to the provisions of this Lease. Such additions, modifications and improvements shall not in any way damage the Project nor cause them to be used for purposes other than those authorized under the provisions of State and Federal Law; and the Project, upon completion of any additions, modifications and improvements made pursuant to this Section, shall be of a value not less than the value of the Project immediately prior to the making of such additions, modifications and improvements. City will not permit any mechanic's or other lien to be established or remain against the Project for labor or materials furnished in connection with any remodeling, additions, modifications, improvements, repairs, renewals or replacements made by City pursuant to this Section; provided that if any such lien is established and City shall first notify Authority of City's intention to do so, City may in good faith contest any lien filed or established against the Project, and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom unless Authority shall notify City that, in the opinion of Independent Counsel, by nonpayment of any such item the interest of Authority in the Project will be materially endangered or the Project or any part thereof will be subject to loss or forfeiture, in which event City shall promptly pay and cause to be satisfied and discharged all such unpaid items or provide Authority with full security against any such loss or forfeiture, in form satisfactory to Authority. Authority will cooperate fully with City in any such contest,upon the request and at the expense of City. Section 7.2. Taxes, Other Governmental Charges and Utility Charges. City shall also pay when due all gas, water, steam, electricity, heat,power, telephone, and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project. City shall also pay all property and excise taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Project, which become due during the Term of the Lease, and all special assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on the Project; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, City shall be obligated to pay only such installments as are required to be paid during the Term of the Lease as and when the same become due. City shall not be required to pay any federal, state or local income, inheritance, estate, succession, transfer, gift, franchise, gross receipts, profit, excess profit, capital stock, corporate, or other similar tax payable by Authority, its successors or assigns,unless such tax is made in lieu of or as a substitute for any real estate or other tax upon the Project. City may, at City's expense and in City's name, in good faith contest any such taxes, assessments,utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless Authority shall notify City that, in the opinion of Independent Counsel,by nonpayment of any such items the interest of Authority in the Project will be materially endangered or the Project or any part thereof will be subject to loss or forfeiture, in which event City shall promptly pay such taxes, assessments or charges or provide Authority with full security against any loss which may result from nonpayment, in form satisfactory to Authority. Section 7.3. Liability Insurance. The City shall procure and maintain continuously in effect with respect to the Project, insurance against liability for injuries to or death of any person or damage to or loss of property arising out of or in any way relating to the maintenance,use or operation of the Project or any part thereof The Net Proceeds of all such insurance shall be applied toward extinguishment or satisfaction of the liability with respect to which the insurance proceeds may be paid. As an alternative to the purchase of liability insurance, City may self-insure against such liabilities in accordance with applicable law. Section 7.4. Indemnity. City assumes all risks and liabilities, whether or not covered by insurance, for loss or damage to the Project and for injury to or death of any person or damage to any property, whether such injury or death be with respect to agents or employees of City or of third parties, and whether such property damage be to City's property or the property of others, which is proximately caused by the negligent conduct of City, its officers, employees and agents. City hereby assumes responsibility for and agrees to reimburse Authority, its officers, agents or employees, for all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses (including reasonable attorney's fees) of whatsoever kind and nature, imposed on, incurred by or asserted against Authority, its officers, agents or employees, that in any way relate to or arise out of the acquisition, construction or operation of the Project, the execution and performance of this Lease or the authorization, execution and delivery of the Bonds, to the maximum extent permitted by law, and by assuming the foregoing liability, the City does not waive any protections under Minnesota Statutes, Chapter 466. Section 7.5. Property Insurance. The City shall procure and maintain continuously in effect during the Term of the Lease with respect to the Project,hazard insurance against all risks of physical loss (including, without limitation, fire, extended coverage perils and vandalism and malicious mischief) in an amount equal to the full replacement value of the Project. The Net Proceeds of Insurance required by this Section shall be applied as provided in Article VIII. Section 7.6. Worker's Compensation Insurance. If required by State law, City shall carry worker's compensation insurance covering all its employees on, in, near or about the Project. Section 7.7. Other Insurance and Requirements for All Insurance. All insurance required by Article VII or this Article may be carried under a separate policy or a rider or endorsement; shall be taken out and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State; shall contain a provision that the insurer shall not cancel or revise coverage thereunder without giving written notice to both parties at least 10 days before the cancellation or revision becomes effective; and shall name City and Authority as insured parties as their interests may appear. City shall deposit with Authority policies evidencing any such insurance procured by it, or a certificate or certificates of the respective insurers stating that such insurance is in full force and effect. Before the expiration of any such policy, City shall furnish to Authority evidence that the policy has been renewed or replaced by another policy conforming to the provisions of this Article,unless such insurance is no longer obtainable in which event City shall notify Authority of this fact. If any insurance required by Sections 7.3 or 7.6 hereof is unavailable or the cost of obtaining such insurance is, in the judgment of the governing body of the City, excessive, the City may self insure for such risks; provided that City gives prompt written notice of its intent to do so to Authority. The City shall continue to seek such insurance coverage and if such insurance becomes available at a reasonable cost, the City shall promptly obtain such insurance. Section 7.8. Advances. If City shall fail to perform any of its obligations under this Lease, Authority, but shall not be obligated to, take such action as may be necessary to cure such failure, including the advancement of money, and City shall be obligated to repay all such advances on demand, with interest at the maximum rate permitted by law or 12%, whichever is less, from the date of the advance to the date of repayment. Section 7.9. Liens. City shall not, directly or indirectly, create, incur, assume or suffer to exist any mortgage,pledge, lien, charge, encumbrance or claim on or with respect to the Project, other than the respective rights of Authority and City as herein provided and Permitted Encumbrances. Except as expressly provided in this Article, City shall promptly, at its own expense, take such action as may be necessary duly to discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim if the same shall arise at any time. City shall reimburse Authority for any expense incurred by it in order to discharge or remove any such mortgage,pledge, lien, charge, encumbrance or claim. Section 7.10. Arbitrage Rebate. The Authority and the City will comply with all provisions of the Tax Certificate, dated as of the date of delivery of the Bonds, and executed by the Authority and the City. The City shall pay, or reimburse to the Authority, all costs and expenses incurred by the Authority in complying with all provisions of the Tax Certificate, including the amount of rebatable arbitrage (or penalty in lieu thereof)required at any time to be paid by the Authority to the United States. ARTICLE VIII DAMAGE, DESTRUCTION AND CONDEMNATION; USE OF NET PROCEEDS Section 8.1. Damage, Destruction and Condemnation. If(i) the Project or any portion thereof is destroyed or is damaged by fire or other casualty or(ii) title to or the temporary use of the Project or any part thereof, or the interest of City or Authority in the Project or Land or any part thereof, shall be taken under the exercise of the power of eminent domain by any governmental body or by any person, firm or corporation acting under governmental authority, City shall have the rights specified in this Section with respect to the Net Proceeds of any insurance or condemnation award. City shall either apply such Net Proceeds to the prompt repair, restoration, modification or improvement of the Project and shall be obligated to continue to pay the Lease-Purchase Payments or City shall defease this Lease pursuant to Section 10.1 hereof, in which event the Net Proceeds may be used for such purpose. Section 8.2. Insufficiency of Net Proceeds. If the City elects to repair and restore the Project and the Net Proceeds are insufficient to pay in full the cost of any repair and restoration, City shall complete the work and pay any cost in excess of the amount of the Net Proceeds, and City agrees that if by reason of any such insufficiency of the Net Proceeds City shall make any payments pursuant to the provisions of this Section 8.2, City shall not be entitled to any reimbursement therefor from Authority nor shall City be entitled to any diminution of the Lease-Purchase Payments due with respect to the Project. Section 8.3. Cooperation of Authority. Authority shall cooperate fully with the City at the expense of City in filing any proof of loss with respect to any insurance policy covering the casualties described in Section 8.1 hereof and in the prosecution or defense of any prospective or pending condemnation proceeding with respect to the Project or any part there of and will, to the extent it may lawfully do so,permit City to litigate in any proceeding resulting therefrom in the name of and on behalf of Authority. In no event will Authority voluntarily settle, or consent to the settlement of, any proceeding arising out of any insurance claim or any prospective or pending condemnation proceeding with respect to the Project or any part thereof without the written consent of City. Section 8.4. Destruction or Condemnation of Other Property Owned by City. City shall be entitled to the Net Proceeds of any insurance claim or condemnation award or portion thereof made for destruction of, damage to or taking of its property not included in the Project. ARTICLE IX CITY'S EQUIPMENT; WARRANTIES; DISCLAIMER Section 9.1. Installation of City's Equipment. City may at any time and from time to time, in its sole discretion and at its own expense, install items of movable machinery and equipment in or upon the Project, which items shall be identified by tags or other symbols affixed thereto as property of City not included in the Project. All such items so identified shall remain the sole property of City, in which Authority shall have no interest, and may be modified or removed by City at any time provided that City shall repair and restore any and all damage to the Project resulting from the installation, modification or removal of any such items. Nothing in this Lease shall prevent City from purchasing items to be installed pursuant to this Section under a conditional sale or lease with option to purchase Lease, or subject to a vendor's lien or security agreement, as security for the unpaid portion of the purchase price thereof,provided that no such lien or security interest shall attach to any part of the Project. Section 9.2. Disclaimer of Warranties. AUTHORITY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY CITY OF THE PROJECT, OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE PROJECT. ARTICLE X DEFEASANCE Section 10.1. Defeasance. City may at any time discharge its liability hereunder in its entirety with reference to all Lease-Purchase Payments not yet due hereunder, subject to the provisions of law now or hereafter authorizing and regulating such action,by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited,bearing interest payable at such times and at such rates and maturing on such dates as shall be required without reinvestment to provide funds sufficient to pay all Lease-Purchase Payments to become due on their respective Payment Dates. When the liability of City hereunder has been so discharged as provided in this Section 10.1, and all other fees and expenses payable by City hereunder have been paid or arrangements made for payment, all pledges, covenants and other rights granted by this Lease to the Authority shall cease. ARTICLE XI ASSIGNMENT AND LEASING Section 11.1. Assignment by Authority. Authority shall not assign its obligations under this Lease, and no purported assignment thereof shall be effective. Section 11.2. Assignment and Subleasing by City. City may not assign its rights or obligations under this Lease to any person during the Term of the Lease. City may not lease all or any part of the Project, or contract for the operation of the Project by an entity other than the City or an agency or political subdivision of the State of Minnesota during the Term of the Lease except in a manner that will not cause interest on the Bonds to become includable in the gross income of the owners thereof for federal income tax purposes. ARTICLE XII EVENTS OF DEFAULT AND REMEDIES Section 12.1. Events of Default Defined. The following shall be "events of default"under this Lease and the terms "events of default" and"default" shall mean,whenever they are used in this Lease, with respect to the Project, any one or more of the following events: (i) Failure by City to pay any Lease-Purchase Payment or other payment required to be paid hereunder at the time specified herein and the continuation of said failure for a period of five business days after telephonic or telegraphic notice given by Authority that the payment referred to in such notice has not been received, such telephonic or telegraphic notice to be subsequently confirmed in writing, or after written notice. (ii) Failure by City to observe and perform any covenant, condition or agreement on its part to be observed or performed, other than as referred to in clause (i) of this Section, for a period of thirty(30) days after written notice specifying such failure and requesting that it be remedied has been given to City by Authority, unless Authority shall agree in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice cannot be corrected within the applicable period, Authority will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by City within the applicable period and diligently pursued until the default is corrected. (iii) The filing by City of a voluntary petition in bankruptcy, or failure by City promptly to lift any execution, garnishment or attachment of such consequence as would impair the ability of City to carry on its operations at the Project, or adjudication of City as a bankrupt, or assignment by City for the benefit of creditors, or the entry by City into an agreement of composition with creditors, or the approval by a court of competent jurisdiction of a petition applicable to City in any proceedings instituted under the provisions of the Federal Bankruptcy Statute, as amended, or under any similar acts which may hereafter be enacted. The provisions of this Section 12.1 and Section 12.2 are subject to the following limitation: if by reason of force majeure City is unable in whole or in part to carry out its obligations under this Lease with respect to the Project, other than the obligation of City to pay Lease-Purchase Payments with respect thereto which shall be paid when due notwithstanding the provisions of this paragraph, City shall not be deemed in default during the continuance of such inability or during any other delays which are a direct consequence of the force majeure inability. The term "force majeure" as used herein shall mean, without limitation, the following: acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders or restraints of any kind of the government of the United States of America or any of its departments, agencies or officials, or any civil or military authority; insurrections; riots; landslides; earthquakes; fires; storms; droughts; floods; explosions; or any other cause or event not reasonably within the control of City and not resulting from its negligence. City agrees, however, to remedy with all reasonable dispatch the cause or causes preventing it from carrying out its obligations under this Lease; provided that the settlement of strikes, lockouts and other employment disputes shall be entirely within the discretion of City. Section 12.2. Remedies on Default. Whenever any event of default referred to in Section 12.1 hereof shall have happened and be continuing with respect to the Project, Authority shall have the right, at its option, to take one or any combination of the following remedial steps: (i) Cancel and terminate this Lease by written notice in accordance with law, re-enter and take possession of the Project, and the Project and all improvements thereto, and all prior Lease-Purchase Payments made hereunder by City, shall belong to Authority as liquidated damages; or (ii) By written notice to City in accordance with law, declare the Bonds, with interest accrued thereon, immediately due and payable; or (iii) Take whatever action at law or in equity may appear necessary or desirable to collect the Lease-Purchase Payments then due and thereafter to become due during the then current Fiscal Year of the City with respect to the Project, or enforce performance and observance of any obligation, agreement or covenant of City under this Lease. Section 12.3. Surrender of Project. Upon the termination of this Lease under the circumstances described in paragraphs (a) or(c) of Section 5.3 hereof, the City shall surrender possession of the Project to the Authority in the condition, repair, appearance and working order required in Section 7.1. Section 12.4. Delay;Notice. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle any party to exercise any remedy reserved to it in this Lease it shall not be necessary to give any notice, other than such notice as may be required in this Lease or by law. Section 12.5. No Remedy Exclusive. No remedy herein conferred upon or reserved to Authority is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof,but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 12.6. Agreement to Pay Attorneys' Fees and Expenses. In the event either party to this Lease should default under any of the provisions hereof and the nondefaulting party should employ attorneys or incur other expenses for the collection of moneys or the enforcement or performance or observance of any obligation or agreement on the part of the defaulting party herein contained, the defaulting party agrees that it will on demand therefor pay to the nondefaulting party the reasonable fee of such attorneys and such other expenses so incurred by the nondefaulting party. Section 12.7. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Lease should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. ARTICLE XIII RIGHTS, TITLE AND INTEREST Section 13.1. Rights in Authority are Held Solely for Benefit of Bondholders. All rights, title and interest created in Authority pursuant to this Lease (other than for indemnification and reimbursement of expenses) are held by Authority solely for the benefit of the registered owners of the Bonds issued pursuant to the Resolution and are not created in the Authority in its individual capacity or for its own account or benefit for any reason whatsoever. ARTICLE XIV ADMINISTRATIVE PROVISIONS Section 14.1. Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given on the earlier of(i) delivery or (ii)three days following deposit in the United States mail in certified form with postage fully prepaid to the addresses shown in the first paragraph hereof. The Authority and the City,by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent. Section 14.2. Binding Effect. This Lease shall inure to the benefit of and shall be binding upon Authority and City and their respective successors and assigns. Section 14.3 Severability. In the event any provision of this Lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 14.4. Amendments, Changes and Modifications. This Lease may be amended or any of its terms modified only by written amendment authorized and executed by City and Authority. Section 14.5. Further Assurances and Corrective Instruments. Authority and City agree that they will, if necessary, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Project hereby sold or intended so to be or for carrying out the expressed intention of this Lease. Section 14.6. Execution Counterparts. This Lease may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 14.7. Applicable Law. This Lease shall be governed by and construed in accordance with the laws of the State. Section 14.8. Captions. The captions or headings in this Lease are for convenience only and in no way define, limit or describe the scope or intent of any provisions or Sections of this Lease. IN WITNESS WHEREOF, Authority has caused this Lease to be executed in its corporate name by its duly authorized officers and City has caused this Lease to be executed in its name by its duly authorized officers as of the date first above written. HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE By Chair Attest: Secretary CITY OF EDEN PRAIRIE, MINNESOTA, MINNESOTA By Mayor And City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on , 2009, by and , the Chair and Secretary, respectively, of the HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, a Minnesota political subdivision, on behalf of the political subdivision. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on , 2009,by and , the Mayor and the City Manager, respectively, of City of Eden Prairie, Minnesota, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public EXHIBIT A Legal Description of the Land—Community Center Project Real estate situated in the County of Hennepin, State of Minnesota, as follows: That part of the north half of Section 8, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Commencing at the southwest corner of the Southeast Quarter of the Northwest Quarter of Section 8; thence North 2 degrees 45 minutes 21 seconds West along the west line of said Southeast Quarter of the Northwest Quarter of Section 8 a distance of 654.29 feet; thence South 55 degrees 37 minutes 52 seconds East 184.26 feet to a tangential curve concave to the north having a radius of 560.00 feet a central angle of 54 degrees 00 minutes 00 seconds and an arc length of 527.79 feet; thence easterly along a reverse curve concave to the south having a radius of 1010.00 feet a central angle of 38 degrees 00 minutes 00 seconds and an arc length of 669.80 feet to the west line of the Northeast Quarter of said Section 8; thence North 2 degrees 27 minutes 52 seconds West along said West line of the Northeast Quarter Section 8 a distance of 177.36 feet; thence North 35 degrees 52 minutes 13 seconds East a distance of 105.94 feet to the beginning of the land to be described; thence North 54 degrees 07 minutes 47 seconds West a distance of 129.00 feet ; thence North 35 degrees 52 minutes 13 seconds East a distance of 258.00 feet; thence South 54 degrees 07 minutes 47 seconds East a distance of 129.00 feet; thence South 35 degrees 52 minutes 13 seconds West a distance of 258.00 feet to the point of beginning. Legal Description of the Land- City Hall Project Real estate situated in the County of Hennepin, State of Minnesota, as follows but excluding that portion of the property as described in the Office Lease Between Technology Park Associates of Eden Prairie, LTD. and C.H. Robinson Company of October 16, 1989: That part of the East Half of the Northeast Quarter of Section 16, Township 116, Range 22 West of the 5th Principal Meridian, lying Southerly of a line drawn from a point on the East line of the Northeast Quarter of said section, which is distant 1106.50 feet North along said East line from the Southeast corner of said Northeast Quarter to a point on the West line of the East Half of said Northeast Quarter, which is distant 953.50 feet North along said West line from the Southwest corner of said East Half; except the South 298.20 feet of the West 323.90 feet of the East Half of the Northeast Quarter of Section 16, Township 116, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota; subject to the rights of way of Scenic Heights Road, Mitchell Road and Technology Drive. EXHIBIT B Description of Community Center Project The Project consists of an Olympic-size ice rink(100 feet wide and 200 feet long) constructed as an addition to the City's existing Community Center. The Project will be operated in conjunction with a smaller ice rink which is currently in use at the Community Center only during the winter months. The new ice rink is expected to be operated year round. Description of City Hall Project The Land and all Buildings and Improvements thereon, except for the Series C Project described in Exhibit B to the Series C Lease Agreement between the Authority and the City, dated as of December 1, 1992. EXHIBIT C LEASE-PURCHASE PAYMENT SCHEDULE Payment Payment Total Date Number Payment July 15, 2009 1 $ January 15, 2010 2 July 15, 2010 3 January 15, 2011 4 July 15, 2011 5 January 15, 2012 6 ITEM NO.: IV.A. Proclamation City of Eden Prairie Hennepin County, Minnesota WHEREAS, the City of Eden Prairie's City Council and Human Rights &Diversity Commission sponsors the Human Rights Award program, recognizing those who work to create an inclusive community spirit through their actions, activities, and programs; and WHEREAS, the City of Eden Prairie recognizes that Dr. Martin Luther King,Jr.,had a dream and dedicated his life to helping freedom exist for all people through his commitment to human rights and his non-violent philosophy; and WHEREAS, the City of Eden Prairie reaffirms its commitment to fostering diversity in our community through the Eden Prairie Manifesto. NOW,THEREFORE,be it resolved, that the City of Eden Prairie hereby proclaims 2009 as a year to celebrate human rights and diversity, and asks all residents to continue their commitment and concern for equal rights for all persons, to dedicate themselves to helping those who do not yet share in that freedom, and to join the City of Eden Prairie in recognizing and celebrating Dr. Martin Luther King, Jr.'s dream. - )_L= Q (?("n Phil Young,Mayor City of Eden Prairie ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY. JANUARY 6, 2009 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, Ron Case, 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. COUNCIL APPOINTMENTS The Mayor and Council reviewed open appointments for 2009. Mayor Young said he intends to appoint Council Member Aho Acting Mayor. After a brief discussion, it was agreed that the Eden Prairie News will continue as the City's official newspaper. Public Works Director Gene Dietz said the Suburban Rate Authority has moved to daytime rather than evening meetings, and that attendance is made up largely of staff from the member cities. Young recommended appointing Council Member Case as Director to the Suburban Rate Authority and Dietz as the Alternate Director. Council Member Nelson said she would like to continue serving on the Eden Prairie Foundation. She indicated is also willing to continue as Secretary of the Housing and Redevelopment Authority. Aho currently serves on the I-494 Corridor Commission and Southwest Suburban Cable Commission. He enjoys serving on both commissions,but said he strongly feels there is a benefit to the City for continuity on the I-494 Corridor Commission. Young recommended that Case be appointed to the Southwest Suburban Cable Commission. Council Member Duckstad said he would like to continue serving on the City and Schools Facilities Use Task Force. Duckstad has one more year left on his three-year term as the Council representative to the Southwest Transit Commission. Case said he would be interested in serving as the citizen representative to the Southwest Transit Commission, if the Council feels there is a benefit to having two elected officials on the commission. Young said the current citizen representative,Nancy Tyra-Lukens, has indicated that she would like to be reappointed,which he supports. Council Chamber II. OPEN PODIUM III. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 6, 2009 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Ron Case, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Jay Lotthammer, Public Works Director Eugene Dietz, 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. All Council Members were present. II. COLOR GUARD/PLEDGE OF ALLEGIANCE Mayor Young thanked Boy Scout Troop 695, sponsored by Prairie Lutheran Church, for presenting the colors tonight. III. SWEARING IN OF COUNCIL MEMBERS BRAD AHO AND RON CASE City Attorney Rosow swore in Council Members Brad Aho and Ron Case. IV. COUNCIL FORUM INVITATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added items under Item XV.A. Neal said he would like to discuss the City's membership in the Association of Metropolitan Municipalities under Item XV.B. MOTION: Aho moved, seconded by Duckstad, to approve the agenda as amended. Motion carried 5-0. VI. PROCLAMATIONS/PRESENTATIONS A. PROCLAMATION CELEBRATING THE CHINESE NEW YEAR Mayor Young read a proclamation celebrating the Chinese New Year. VII. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 16, 2008 MOTION: Duckstad moved, seconded by Aho, to approve the minutes of the Council Workshop held Tuesday, December 16, 2008, as published. Motion carried 4-0-1,with Case abstaining. CITY COUNCIL MINUTES January 6, 2009 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 16, 2008 Case said the vote on the motion for Item XIV.B.3 on Page 16 should be "Motion carried 4-1-0,with Duckstad opposed." MOTION: Nelson moved, seconded by Aho, to approve the minutes of the City Council Meeting held Tuesday, December 16, 2008, as amended. Motion carried 5-0. VIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS IX. CONSENT CALENDAR A. ADOPT RESOLUTION NO. 2009-01 AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS B. ADOPT RESOLUTION NO. 2009-02 DESIGNATING DEPOSITORIES C. ADOPT RESOLUTION NO. 2009-03 AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS D. ADOPT RESOLUTION NO. 2009-04 AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS E. ADOPT RESOLUTION NO. 2009-05 AUTHORIZING AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE F. ADOPT RESOLUTION NO. 2009-06 AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL G. ADOPT RESOLUTION NO. 2009-07 ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2009 MOTION: Duckstad moved, seconded by Aho, to approve Items A-G on the Consent Calendar. Motion carried 5-0. X. PUBLIC HEARINGS/MEETINGS XI. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Duckstad, to approve the Payment of Claims as submitted. The motion was approved on a roll call vote, with Aho, Case, Duckstad, Nelson and Young voting "aye." XII. ORDINANCES AND RESOLUTIONS XIII. PETITIONS,REQUESTS AND COMMUNICATIONS CITY COUNCIL MINUTES January 6, 2009 Page 3 XIV. APPOINTMENTS A. RESOLUTION NO. 2009-08 DESIGNATING OFFICIAL CITY NEWSPAPER MOTION: Case moved, seconded by Duckstad, to adopt Resolution No. 2009-08 designating the Eden Prairie News as the official City newspaper for the year 2009. Motion carried 5-0. B. RESOLUTION NO. 2009-09 DESIGNATING OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE CITY COUNCIL IN 2009 AND APPOINTING ACTING MAYOR MOTION: Duckstad moved, seconded by Case, to adopt Resolution No. 2009-09 designating the official meeting dates, time and place for the City of Eden Prairie Council in 2009 and appointing Council Member Aho the Acting Mayor. Motion carried 5-0. Nelson asked about the date for the April Council meeting. Neal said, as Council Member Nelson suggested at the last meeting, the April meeting was moved to the third Tuesday. C. RESOLUTION NO. 2009-10 APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY MOTION: Aho moved, seconded by Duckstad, to adopt Resolution No. 2009-10 appointing City Council Members to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority; and appointing Phil Young as Chair; Scott Neal as Executive Director and Kathy Nelson as Secretary for the calendar year 2009. Motion carried 5-0. D. RESOLUTION NO. 2009-11 APPOINTING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 2008 MOTION: Nelson moved, seconded by Duckstad, to adopt Resolution No. 2009- 11 designating Council Member Case as Director and Gene Dietz as Alternate Director to the Suburban Rate Authority. Motion carried 5-0. E. APPOINTMENT OF MAYOR YOUNG AS DELEGATE AND COUNCIL MEMBERS AS ALTERNATES TO ASSOCIATION OF METROPOLITAN MUNICIPALITIES MOTION: Duckstad moved, seconded by Aho, to approve appointment of the Mayor as Delegate and Council members as Alternates to the Association of Metropolitan Municipalities. Young suggested the motion be withdrawn and the item be discussed under Item XV.B. Duckstad withdrew the motion with the consent of Aho. CITY COUNCIL MINUTES January 6, 2009 Page 4 F. APPOINTMENT OF MAYOR YOUNG AS DELEGATE AND COUNCIL MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF CITIES MOTION: Case moved, seconded by Duckstad, to approve appointment of the Mayor as Delegate and Council members as Alternates to the National League of Cities. Motion carried 5-0. G. APPOINTMENT OF MAYOR YOUNG TO MUNICIPAL LEGISLATIVE COMMISSION MOTION: Duckstad moved, seconded by Nelson, to appoint the Mayor to the Municipal Legislative Commission. Motion carried 5-0. H. APPOINTMENT TO SOUTHWEST CABLE TV COMMISSION MOTION: Aho moved, seconded by Nelson, to approve appointment of Council Member Case to the Southwest Cable Commission. Motion carried 5-0. I. APPOINTMENT TO EDEN PRAIRIE FOUNDATION MOTION: Case moved, seconded by Duckstad, to approve appointment of Council Member Nelson to the Eden Prairie Foundation. Motion carried 5-0. J. APPOINTMENT TO I-494 CORRIDOR COMMISSION MOTION: Duckstad moved, seconded by Case, to approve appointment of Council Member Aho to the I-494 Corridor Commission. Motion carried 5-0. K. APPOINTMENT TO CITY AND SCHOOL FACILITIES USE TASK FORCE MOTION: Nelson moved, seconded by Aho, to approve appointment of Council Member Duckstad to the City and School Facilities Use Task Force. Motion carried 5-0. L. APPOINTMENT OF ASSISTANT WEED INSPECTOR Neal said each year the City appoints an Assistant Weed Inspector. The Assistant Weed Inspector enforces the local and state weed ordinances. Jeff Cordes has been doing this inspection work for the past several years and is familiar with the City ordinance and state law. Under State Statute the Mayor is the City Weed Inspector and appointment of an Assistant Weed Inspector thereby relieves the Mayor of those duties. MOTION: Nelson moved, seconded by Duckstad, to appoint Jeff Cordes as Assistant Weed Inspector for the City of Eden Prairie. Motion carried 5-0. M. APPOINTMENT OF CITIZEN REPRESENTATIVE TO SOUTHWEST METRO TRANSIT COMMISSION CITY COUNCIL MINUTES January 6, 2009 Page 5 Neal said it is necessary for the City Council to appoint a Citizen Representative for a three-year term to end December 31, 2011. Former Mayor Nancy Tyra- Lukens has served in this position since January 2007. He said the Southwest Metro Transit Commission is interested in having her reappointed and she is interested in being reappointed. He noted Council Member Duckstad serves as a City Council Member representative to the commission. MOTION: Nelson moved, seconded by Case, to appoint Nancy Tyra-Lukens to the Southwest Metro Transit Board as the Eden Prairie Citizen Representative for a three-year term to end December 31, 2011. Motion carried 5-0. XV. REPORTS A. REPORTS OF COUNCILMEMBERS 1. Discussion Regarding Issues Raised During Campaign—Case Case said there were important issues raised in the City during the recent campaign, and he suggested Council Member Aho and he meet in the next couple of weeks and bring back a report for the next Council meeting that might evolve into some proposals that staff might look at. As an example he said two or three years ago there was an issue with 10-12 properties located northeast of Red Rock Lake whose owners wanted to buy back some land that had been deeded to the City by the developer. In looking at that issue again, he wondered if there are outlots and parcels all over the City that we may not actually want and that we may have other ways to protect. Young asked if they would just give the presentation of the issues at the next meeting. Case said Mr. Neal told him the workshop calendar is not yet set in stone so it might be timely to come up with some thoughts or ideas for staff to go out and look at. 2. Council Review of Charge to the BAC—Case Case said he met with the Chair of the Budget Advisory Commission (BAC) and talked to many people over the past several months. During the campaign he came to the realization the BAC has a valuable role to play. As we watched what unfolded last year as some ideas from the BAC got out before the Council had an opportunity to look at the proposals, he wondered if the Council could refine the charge to them to be more specific on what they bring back. He thought any proposal that comes back for a cost savings might be in the context of alternatives but also would be in the context of values. That way if it gets out to the press before the Council gets a chance to look at it, it goes out with an added addendum that it needs to be in context. He said his point tonight is to ask if the Council could look at the charge, perhaps in a workshop meeting, to see if we want to revise it to get better information coming back and make sure they are serving us to the best of their potential. CITY COUNCIL MINUTES January 6, 2009 Page 6 Young thought the charge to the BAC was pretty good and we always run a risk in how any board or commission communicates their report to us. Aho noted the Council just reviewed the charge and made some changes last year. Case said he would like to just read it through as a group. Young thought that would be appropriate. Nelson said she would also like to do that, and she wanted to make sure the Council gets the same information as the BAC,preferably without having to attend all their meetings. She thought there might be some timelines for their making reports so the Council can get more advance notice of reports. Young thought we could direct staff to make sure we get the same information. While he thought some of the recommendations made by the BAC at their last meeting were somewhat unexpected, we were in a unique time and the last quarter of 2008 was a difficult and trying circumstance. Nelson thought 2009 may have its own unique issues and troubles. Duckstad said he agreed with Council Member Case and thought it would be a good idea to relook at the mission to make sure we are asking the BAC to help us in meaningful ways. He thought we could go through the mission statement with care at a workshop, make some changes if needed, and decide what we want them to do and how we want them to help us. 3. Payment of Claims—Case Case said he had a couple of items regarding the Payment of Claims. He noted the Art Center has generated a sense of confusion in the community based on the fact the Council accepted the building and land somewhat tentatively but then in a couple of meetings tentatively expressed concern that it not be funded yet until a certain amount of money was raised. He wanted to point out $87,318 was spent for the Art Center in December which he understood was for improvements to the parking lot, so there has been some funding of the Art Center. Although he understood the importance of the improvements to the parking, tonight we have before us another gift for the Art Center. He warned there is a path we are walking down and we may reach a point where it is difficult to go back. Case said a larger issue regarding the Payment of Claims is that it shows the City spent over$4,000,000 during the month of December, but in looking at it in detail there is a lot of in and out money in our Enterprise Funds. Those items inflate the expense numbers and are currently listed under the general operating budget. He wondered if would be possible split out the Enterprise Funds from the general expenses. He thought it would be helpful to both the Council and City residents to see those separately. Young said he was not sure we have ever directed staff as to how that should be presented. Neal said it may be a limitation of the reporting system we have, but he will check with the Finance Department. CITY COUNCIL MINUTES January 6, 2009 Page 7 4. Friendship Ventures Camp—Case Case said he was frustrated to read in the Heritage Preservation Commission minutes that there has again been noncompliance on work done on some of the historic buildings at Friendship Ventures Camp to the extent they plan to put a stop order on it. Even though he supports what the camp is doing he thought it was time not to be dealing with issues of noncompliance there. Young said it has been some time since we received an update on Camp Edenwood and the status of construction activities.Neal said staff will get a briefing ready for the Council at the next meeting. B. REPORT OF CITY MANAGER 1. 2009 Budget—Neal Neal said we have an approved budget for 2009, but staff is still looking at ways we can conserve dollars. One of the things they have done is to examine the advocacy organizations we belong to, and one organization that does not seem to have a direct benefit to us is the Association of Metropolitan Municipalities (AMM). In addition to the AMM,we belong to the Municipal Legislative Commission and the League of Minnesota Cities. He asked City staff whether we should continue to belong to this organization and what the direct benefits of membership are, but he did not receive anything back from them. The annual cost of AMM membership is about $12,000. He asked Council Members to talk about it with their peers and provide him with feedback. He noted it would require a City Council action to withdraw from the organization and that could be placed on the January 20 agenda if the Council wants. Aho asked if there is a time frame that would be appropriate.Neal said now would be an appropriate time as their fiscal year budget goes from July 1 to June 30. Nelson said she was glad we are doing that review. Last year she questioned belonging to all three organizations. We do need to watch even small stuff right now. Young said at this time we will make no appointment to the Association of Metropolitan Municipalities and will consider it again at the next meeting. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR CITY COUNCIL MINUTES January 6, 2009 Page 8 1. Sampson Family Donation for Art Center Upgrades Lotthammer said last spring when we accepted the Art Center building from the Sampson Family there were two main items limiting the building as a public facility. The building needed to be brought to code, accessibility requirements for a public building needed to be met, and it had only six parking spaces. The Council gave approval to expand the parking lot and that has been completed. The Council said the issues regarding accessibility and bringing it to code for public use should be continued and fundraising opportunities should be looked for. The overall work at the time was for $83,000, but when staff looked at the scope for ADA accessibility and code compliance, it came down to $29,000 as a bare minimum amount to host public activities there. Recently the Sampson Family has stepped forward and said they would like to donate the $29,000 for the renovation work and make available another$6000 if needed for renovation or for equipment within the Art Center. They want this to be financial assistance in order to get the building open and not to put pressure on the City Council to do something. He said there are two actions related to this tonight: the first is to act on the gift; and the second is to authorize staff to move forward with the modifications to the building to open it and make it available for public use. Aho asked if staff feels the $29,000 figure is pretty accurate in terms of the overall funds required to make the facility usable by the public. Lotthammer said about two months ago we went back and sat down with the contractor, the architect and Paul Sticha, our Facilities Manager, and combed through it to see the costs related to that. The contractor will still honor the price. Aho asked if this leaves out the changing of the garage doors into a storefront. Lotthammer said the biggest part of the $29,000 is for the second rest room and moving some of the plumbing, as well as replacing some door hardware and changing thresholds. The remaining portion of the original $83,000 cost was to change out the storefront because eventually that area would not be used as a garage. It also included a partition that would allow the large area of the building to be separated into classrooms, some painting and some changes to the flooring. Aho asked if the changes proposed would limit the ability of the facility to be used in terms of programs. Lotthammer said it would limit our ability to divide it up, but we believe we would have the capability of having good quality programs and would see a starting date sometime in April for programs and classes within the facility. Rosow said under State law the Council is required to formally accept all donations. He noted there are conditions present in this motion regarding the use of$29,000 for remodeling with another $6,000 to be used for renovating the facility, if necessary, or for equipment. If the City would choose not to use the facility as an Art Center, the City would be obligated to return that portion of the donation. CITY COUNCIL MINUTES January 6, 2009 Page 9 Young asked if the building could be put to some use by April if we accept the gift and approve the $29,000 in work. Lotthammer said he believes from discussion with the contractor we would be able to finish it so programs and classes could be held there in April. Young asked what programs and classes would be held there. Lotthammer said we have been approached by individuals wanting to teach pottery, painting, drawing and sketching classes. Young asked if we have equipment in the building to facilitate all those types of classes. Lotthammer replied some types of classes do not require a lot of specialty equipment, but pottery classes would require wheels and other equipment. The Sampson Family has stayed tuned to the fundraising efforts. Several companies and corporations have said they would be more likely to give if we can demonstrate we are using the building as an Art Center. Young asked what additional capital expenses the City will face in the near term as a result of our actions if we accept this gift and approve these upgrades. Lotthammer said we don't have any plans to purchase capital or spend dollars not coming to us from fundraising efforts. If this were open and available as a facility, we would have the capability to buy some things using foundation donations. There are no dollars budgeted from the City's capital funds and there is no intent to ask for capital funds. Duckstad said there were apparently two bids; however, in this case we are only doing a portion of the work that was bid on. He asked if that means we have to re-let the bids or can we accept the lowest bidder even though they were bidding on more work. Rosow said the competitive bid statute was changed about a year ago, so the competitive bid amount is $100,000. For this size project,we can now obtain quotations without having to go to sealed bids. Nelson said she is excited about getting this open to the public. She has talked to members of the community, and there are a number of people who have promised checks once the building is open to the public. She thought this is very generous of the Sampson Family, and it would be wonderful to have it open in April. MOTION: Aho moved, seconded by Nelson, to acknowledge the donation from Mrs. Elaine Sampson and Family in the amount of$35,000 to be used for remodeling work and equipment at the Eden Prairie Art Center. Motion carried 5-0. 2. Art Center Upgrades Contract MOTION: Nelson moved, seconded by Case, to authorize staff to contract with Doran Construction in the amount of$29,000 for work related to Art Center building remodeling. Motion carried 5-0. CITY COUNCIL MINUTES January 6, 2009 Page 10 E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Nelson moved, seconded by Aho, to adjourn the meeting. Motion carried 5- 0. Mayor Young adjourned the meeting at 7:50 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 20, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Christy Weigel, Clerk's License Application List Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Cigarette & Tobacco Products Lynnette Vernoia Santorini Y Not, Inc Deborah Winter DBA: Santorini 13000 Technology Drive Private Kennel Solid Waste Collector Brinn Marie Witt—3 dogs Ray Anderson and Sons Total Sanitation Service Temporary Liquor Organization: Church of Pax Christi LePage & Sons Event: CANA Dinner Alpha Container Services Date: February 7, 2009 Place: Pax Christi, 12100 Pioneer Trail Shamrock Disposal Keith Krupenny& Son Dick's Sanitation Service 2009 Renewal Licenses The Buckingham Companies Tubs, Inc. Private Kennel Aspen Waste Systems Evelyn Bone Veolia Environmental Services Richard&Mary Lou Carlson Red Arrow Disposal Service Talitha Davey Randy's Sanitation Kimberly Donahue Atomic Recycling Barb & Jim Gabbert Waste Management Michael Juntunen Tennis Roll Off Melissa Mak Lloyd's Construction Barb Mohs James & Carrie Neiburg Doug & Cathy Ohlendorf Cheryl Poling - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 20, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Mary Krause Approve Extension of Conditional Use Public Works/Engineering License Agreement No. A12099 with Hennepin County for Provision of Electronic Data for Mapping Purposes Requested Action Move to: Adopt the resolution extending Conditional Use Agreement No. A12099 with Hennepin County from December 31, 2008 to December 31, 2009 for electronic geographical digitized data for use in mapping of the City. Synopsis Hennepin County has provided electronic digitized half-section map data to the City of Eden Prairie. The City uses this data to produce mapping. The original Agreement was approved by Council on February, 2, 1999. Attachments • Resolution • Hennepin County Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2009 - EXTENSION OF CONDITIONAL USE LICENSE AGREEMENT No. A12099 WITH HENNEPIN COUNTY FOR THE PROVISION OF ELECTRONIC DATA FOR MAPPING PURPOSES WHEREAS, a Conditional Use Agreement has been previously approved which identifies the obligations regarding the transfer and use of electronic digitized data files for use in mapping; and WHEREAS, the City Engineer recommends approval of the extension of said Conditional Use License Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie That said extension of Conditional Use License Agreement is hereby approved and the Mayor and City Manager are authorized to execute the extension of the agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on January 20, 2009. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk Hennepin County Taxpayer Services Department Hennepin Survey Division - Suite A-703 612.348.3131 Phone Hennepin County Government Center 612.348.2837 Fax Minneapolis, Minnesota 55487 www.co.hennepin.mn.us November 20, 2008 Mary Krause, Design Engineering City of Eden Prairie 8080 Mitchell Rd. Agreement# A12099 Eden Prairie, MN 55344-2230 Hennepin County desires to extend the above referenced EPDB Conditional Use License Agreement through December 31,2009. If you as a Government Unit, Consultant/Third Party or Private Corporation, desire to extend the above-reference Agreement,the following requirements must be satisfied as they pertain to your entity. Please return the required infoiuiation to Hennepin County, Attention: Robert Moulder(at the address stated at the top of this page). A.) GOVERNMENTAL UNIT MUST FURNISH TO THE COUNTY A COPY OF THE ACTION OF USER'S GOVERNING BODY AUTHORIZING THIS AGREEMENT EXTENSION. HOWEVER,IF AN OFFICIAL OF USER IS AUTHORIZED BY STATUI'L OR CHARTER TO APPROVE AN AGREEMENT OF THIS NATURE THEN THIS ORIGINAL LETTER SIGNED BY SUCH OFFICIAL AUTHORIZING THE EXTENSION MUST BE RETURNED TO THE COUNTY. NOTE:SUCH OFFICIAL MUST ATTACH TO THIS LETTER A COPY OF THEIR STATUTORY OR CHARTER AUTHORITY TO APPROVE THE AGREEMENTS. B.) CONSULTANT/THIRD PARTY MUST PROVIDE THE COUNTY A COPY OF AFFIRMATION BY GOVERNMENTAL UN17'THAT YOU WILL CONTINUE AS CONSULTANT AS STATED IN AGREEMENT NO. THROUGH THE YEAR 2009. IN ADDITION, CONSULTANT/THIRD PARTY MUST SIGN THE ATTACHED SIGNATURE PAGE AND ACKOWLEDGEMENT.AND RETURN ORIGINALS OF BOTH TO THE COUNTY. C.) PRIVATE CORPORATION MUST SIGN THE Al'I ACHED SIGNATURE PAGE AND ACKNOWLEDGEMENT AND RETURN ORIGINALS OF BOTH TO THE COUNTY. • As authorized by the Agreement and noting the above requirements,which pertain to you specifically, please indicate below your intention to extend or not to extend this agreement through the year 2009.. Please return the originals of this page and the acknowledgement page and a copy of affirmation as Consultant/Third Party,as required,to the attention of Robert Moulder at the address shown at the top of page 1 as soon as possible. Please check (X) appropriate box. It IS our intention to extend this agreement through the year 2009. It is NOT our intention to extend this agreement through the year 2009. We no longer require this information. Signature: Date: Authorized Signature Title: • If you have any questions about this notice,please call Robert Moulder at 612-348-2618 for assistance. Sincerely, Richard P. Johnson County Administrator CITY COUNCIL AGENDA DATE: January 20, 2009 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Office of the City Manager Approval of Pay Equity Report Karen Kurt, Human Resources Manager Requested Action Move to: Receive the 2008 LGPEA Pay Equity Report and approve submittal of the report to the State. Synopsis In 1984, the Minnesota Legislature passed the Local Government Pay Equity Act(LGPEA). This state law requires all public jurisdictions such as cities, counties, and school districts to eliminate any sex-based wage inequities in compensation. The City of Eden Prairie is required to submit a pay equity report every three years to demonstrate compliance with this law. The attached report for 2008, which must be approved by the Council, is due January 31, 2009. Our analysis of the data contained in the report indicates that the City is currently in compliance this law. Attachments LGPEA Report Pay Equity Implementation Report --For Department Use Only Send completed report to: Pay Equity Coordinator Postmark Date of Report Department of Employee Relations p 200 Centennial Building 658 Cedar Street (651)259-3761 (Voice) 842 Jurisdiction ID Number St. Paul, MN 55155-1603 (651)282-2699(TDD) Part A: Jurisdiction Identification Jurisdiction: City of Eden Prairie Jurisdiction Type: CITY 8080 Mitchell Road Eden Prairie, MN 55344 Contact: Human Resource Technician Lori Kerns Phone: (952)949-8431 Fax: 9529498589 Email: (kerns@edenprairie.org Part B: Official Verification 0 The job evaluation system used measured skill, effort 0 No salary ranges/performance differences. responsibility and working conditions and the same system was used for all classes of employees. LiLeave blank unless BOTH of the following apply: The system used was: Consultant System (Specify; ' a. Jurisdiction does not have a salary range for any job Describe: Decision Band Method{DBM) class. b. Upon request,jurisdiction will supply documentation showing that inequities between male and female classes are due to performance differences. 0 Health Insurance benefits for male and female classes of comparable value have been evaluated and: Note: Do not include any documentation regarding !There is no difference 'vi and performance with this form. female classes are not at a disadvantage. 0 An official notice has been posted at: 0 IV' Information in this report is complete and accurate. City Center Entrance (prominent location) informing employees that the Pay Equity Implementation Report has been filed and is'avaitable to employees upon 0 [I/ The report includes all classes of employees over request. A copy of the notice has been sent to each exclusive which the jurisdiction has final budgetary approval representative, if any, and also to the public library. authority. The report was approved by: City Council (governing body) (chief elected official) Part C: Total Payroll Mayor (tale) .. $20,853,486.00 Li Checking this box indicates legal signature by above official. is the annual payroll for the calendar year just ended December 31. Date Submitted 01/12/2009 Compliance Report 01/12/200fi Jurisdiction: City of Eden Prairie Contact: Lori Kerns Phone:(952) 949-8431 Human Resource Technician The statistical analysis, salary range and exceptional service pay test results are shown below. Part I is general information from your pay equity Report data. Parts II, III and IV give you the test results. For more detail on each test, refer to the guidebook. I.GENERAL JOB CLASS INFORMATION Male Female Balanced All Job Classes Classes Classes Classes #Job Classes 55 37 11 103 #Employees 187 90 84 361 Avg. Max Monthly Pay per Employee $5,551.40 $5,146.03 $4,886.35 II. STATISTICAL ANALYSIS TEST Male Female A. UNDERPAYMENT RATIO= 130.1 Classes Classes a.#at or above Predicted Pay 26 22 b.#Below Predicted Pay 29 15 c. TOTAL 55 37 d.% Below Predicted Pay 52.73 40.54 (b divided by c=d) *(Result is%of male classes below predicted pay divided by%of female classes below predicted pay) B.T-TEST RESULTS Degrees of Freedom(DF)= 275 Value of T= -3.244 a.Avg.diff. in pay from predicted pay for male jobs= $14 b.Avg.diff. in pay from predicted pay for female jobs= $86 Ill. SALARY RANGE TEST= 111.11 % (Result is A divided by B) A.Avg.#of years to max salary for male jobs= 5.56 B.Avg.#of years to max salary for female jobs= 5.00 IV. EXCEPTIONAL SERVICE PAY TEST 0.00 A.%of male classes receiving ESP 3.64 B. %of female classes receiving ESP 0.00 *(if 20%or less,test result will be 0.00) Predicted Pay for City of Eden Prairie 11901 O 10931.9 9962.8 ❑ 8993.7 /,- 8024.6 0/1=1-------<:21 \./ mn 7055.5 / Lv.�C 6086.4 0 5117.3 radt:/>/ 4148.2 3179.1 /1:1751-Z / 0 2210 111 O co Co sr N 0 Co CO N 0 CO CNJ Co v• CO CS) N. IC) CV 0CA C) N N M tY CO CO CO N. CO Points Predicted 11111 Female Jobs 0 Male Jobs 0 Balanced Jobs Predicted Pay Report for City of Eden Prairie 01/13/2009 Case: 2008 Data Job Male Female Total Work Max Mo. Predicted Pay Nbr Jobs Title Empl Empl Empl Sex Points Salary Pay Difference 1 Customer Service/Office Assist 0 8 8 F 1333 $3,787.00 $3,513.58 $273,42 2 Facilities Technician 2 0 2 M 1333 $3,787.00 $3,513.58 $273.42 3 Administrative Assistant 1 0 5 5 F 1600 $4,106.00 $3,956.40 $149.60 4 Community Service Officer II 2 1 3 B 1600 $4,106.00 $3,956.40 $149.60 5 Animal Control Officer 1 0 1 M 1600 $4,106.00 $3,956.40 $149.60 6 Technician 1 0 12 12 F 1600 $4,106.00 $3,956.40 $149.60 7 Administrative Assistant II 0 4 4 F 1800 $4,422.00 $4,391.85 $30.15 8 Asst Liquor Store Manager 0 2 2 F 1800 $4,422.00 $4,391.85 $30.15 9 Technician II 0 3 3 F 1800 $4,422.00 $4,391.85 $30.15 10 Executive Assistant 0 1 1 F 2000 $4,739.00 $4,785.63 $-46.63 11 Facilities Engineer 3 0 3 M 2000 $4,739.00 $4,785.63 $-46.63 12 Forestry Technician 1 0 1 M 2000 $4,739.00 $4,785.63 $-46.63 13 SrAsst Liquor Store Manager 1 0 1 M 2000 $4,739.00 $4,785.63 $-46.63 14 Technician III 0 3 3 F 2000 $4,739.00 $4,785.63 $-46.63 15 Appraiser 1 0 1 1 F 2200 $5,134.00 $5,178.49 $-44.49 16 Engineering Tech II 2 1 3 B 2200 $5,134.00 $5,178.49 $-44.49 17 Community Services Coordinator 0 1 1 F 2200 $5,134.00 $5,178.49 $-44.49 18 investigative Aide 0 1 1 F 2200 $5,134.00 $5,178.49 $-44.49 19 Information Technology Tech 2 0 2 M 2200 $5,134.00 $5,178.49 $-44.49 20 Zoning Administrator 1 0 1 M 2200 $5,134.00 $5,178.49 $-44.49 21 Law Enforcement Analyst 1 0 1 M 2200 $5,134.00 $5,178.49 $-44.49 22 Building Inspector II 7 0 7 M 2400 $5,776.00 $5,533.14 $242.86 23 Electronic Communications Spec 1 0 1 M 2400 $5,776.00 $5,533.14 $242.86 24 Fire Prevention Specialist 4 0 4 M 2400 $5,776.00 $5,533.14 $242.86 25 Senior Engineering Technician 3 1 4 B 2400 $5,776.00 $5,533.14 $242.86 26 Recreation Coordinator II 2 5 7 F 3000 $6,198.00 $6,039.92 $158.08 27 Accountant 0 2 2 F 3000 $6,198.00 $6,039.92 $158.08 28 GIS Coordinator 1 0 1 M 3000 $6,198.00 $6,039.92 $158.08 29 Historic Preservation Spec 1 0 1 M 3000 $6,198.00 $6,039.92 $158.08 30 Police Records Supervisor 0 1 1 F 3000 $6,198.00 $6,039.92 $158.08 31 Communications Coordinator 0 1 1 F 3000 $6,198.00 $6,039.92 $158.08 32 Facilities Supervisor 2 0 2 M 3000 $6,198.00 $6,039.92 $158.08 33 Police Project Coordinator 0 1 1 F 3000 $6,198.00 $6,039.92 $158.08 34 Police Dispatcher Supervisor 0 1 1 F 3000 $6,198.00 $6,039.92 $158.08 35 City Clerk 0 1 1 F 3625 $6,637.00 $6,652.06 $-15.06 36 Liquor Store Manager 0 3 3 F 3625 $6,637.00 $6,652.06 $-15.06 37 Planner II 1 1 2 B 3625 $6,637.00 $6,652.06 $-15.06 38 Sr.Communications Coordinator 0 1 1 F 3625 $6,637.00 $6,652.06 $-15.06 39 Apprasier II 1 1 2 B 3625 $6,637.00 $6,652.06 $-15.06 40 Water Treatment PI Ops Supervi 1 0 1 M 3875 $6,984.00 $6,770.84 $213.16 41 Utility Field Operations Super 1 0 1 M 3875 $6,984.00 $6,770.84 $213.16 42 Park Constr&Repair Sup 1 0 1 M 3875 $6,984.00 $6,770.84 $213,16 Page 1 of 3 Predicted Pay Report for City of Eden Prairie 01/1312009 Case: 2008 Data Job Male Female Total Work Max Mo, Predicted Pay Nbr Jobs Title Empl Empl Empl Sex Points Salary Pay Difference 43 IT Analyst Developer 1 0 1 M 3875 $6,984.00 $6,770.84 $213.16 44 IT Network System Analyst 1 0 1 M 3875 $6,984.00 $6,770.84 $213.16 45 Sr Human Resource Generalist 0 1 1 F 3875 $6,984.00 $6,770.84 $213.16 46 Organization Development Spec 0 1 1 F 3875 $6,984.00 $6,770.84 $213.16 47 Appraiser III 2 0 2 M 3875 $6,984.00 $6,770.84 $213.16 48 Environmental Coordinator 0 1 1 F 3875 56,984.00 $6,770.84 $213.16 49 Street Division Manager 1 0 1 M 4125 $7,334.00 $7,277.93 $56.07 50 Senior Planner 1 0 1 M 4125 $7,334.00 $7,277.93 $56.07 51 Senior Project Engineer 0 1 1 F 4125 $7,334.00 $7,277.93 $56.07 52 Senior Traffic Engineer 1 0 1 M 4125 $7,334.00 $7,277.93 $56.07 53 Park Maintenance Supervisor 0 1 1 F 4125 $7,334.00 $7,277.93 $56.07 54 Utility Operations Project Man 1 0 1 M 4125 $7,334.00 $7,277.93 $56.07 55 Assistant City Engineer 1 0 1 M 4375 $7,769.00 $7,785.02 $-16.02 56 Assistant to City Manager 1 0 1 M 4375 $7,769.00 $7,785.02 $-16.02 57 Communications Manager 0 1 1 F 4375 $7,769.00 $7,785.02 $-16.02 58 Housing&Comm.Services Manag 0 1 1 F 4375 $7,769.00 $7,785.02 $-16.02 59 Facilities Manager 1 0 1 M 4375 $7,769.00 $7,785.02 $-16.02 60 Economic Development Manager 1 0 1 M 4375 $7,769.00 $7,785.02 $-16.02 61 Fire Marshall 1 0 1 M 4375 $7,769.00 $7,785.02 $-16.02 62 Liquor Store Operations Manage 1 0 1 M 4375 $7,769.00 $7,785.02 $-16.02 63 Support Services/Risk Manager 1 0 1 M 4375 $7,769.00 $7,785.02 $-16.02 64 Recreation Services Manager 0 1 1 F 4375 $7,769.00 $7,785.02 $-16.02 65 Community Center Manager 0 1 1 F 4375 $7,769.00 $7,785.02 $-16.02 66 Finance Supervisor 0 1 1 F 4375 $7,769.00 $7,785.02 $-16.02 67 Building Inspections Manager 1 0 1 M 5667 $8,941.00 $9,058.88 $-117.88 68 Parks&Natural Resources Mgr 1 0 1 M 5667 $8,941.00 $9,058.88 $-117.88 69 Utilities Operations Manager 1 0 1 M 5667 $8,941.00 $9,058.88 $-117.88 70 Public Works Superintendent 1 0 1 M 5667 $8,941.00 $9,058.88 $-117.88 71 Assistant Fire Chief 1 0 1 M 5667 $8,941.00 $9,058.88 $-117.88 72 City Assessor 1 0 1 M 6000 $9,513.00 $9,322.95 $190.05 73 City Engineer 1 0 1 M 6000 $9,513.00 $9,322.95 $190.05 74 City Planner 1 0 1 M 6000 $9,513.00 $9,322.95 $190.05 75 Human Resource Manager 0 1 1 F 6000 $9,513.00 $9,322.95 $190.05 76 Information Technology Manager 0 1 1 F 6000 $9,513.00 $9,322.95 $190.05 77 Police Captain 1 0 1 M 6000 $9,513.00 $9,322.95 $190.05 78 Finance Manager 0 1 1 F 6333 $10,085.00 $9,658.57 $426.43 79 Community Development Director 0 1 1 F 7667 $10,657.00 $10,943.94 $-286.94 80 Fire Chief 1 0 1 M 7667 $10,657.00 $10,943.94 $-286.94 81 Parks and Recreation Director 1 0 1 M 8000 $11,229.00 $11,261.72 $-32.72 82 Public Works Director 1 0 1 M 8000 $11,229.00 $11,261.72 $-32.72 83 Police Chief 1 0 1 M 8000 $11,229.00 $11,261.72 $-32.72 84 City Manager 1 0 1 M 8333 $11,801.00 $11,579.50 $221.50 Page 2 of 3 Predicted Pay Report for City of Eden Prairie 01/13/2009 Case: 2008 Data Job Male Female Total Work Max Mo. Predicted Pay Nbr Jobs Title Empl Empl Empl Sex Points Salary Pay Difference 85 Police Dispatcher 1 8 9 F 1800 $4,417.00 $4,391.85 $25.15 86 Police Patrol/Investigations 40 9 49 M 2400 $5,613.00 $5,533.14 $79.86 87 Police Sergeant 10 1 11 M 3875 $6,625.00 $6,770.84 $-145.84 88 Police Lieutenant 2 1 3 B 5250 $7,663.00 $8,616.92 $-953.92 89 Maintenance Worker 37 1 38 M 1600 $4,068.00 $3,956.40 $111.60 90 Maintenance Worker Specialist 3 0 3 M 1600 $4,170.00 $3,956.40 $213.60 91 Lead Maintenance Worker 3 0 3 M 2000 $4,330.00 $4,785.63 $-455.63 92 Plant Operator 10 0 10 M 2000 $4,330.00 $4,785.63 $-455.63 93 Water Plant Senior 2 0 2 M 2000 $4,600.00 $4,785.63 $-185.63 94 Mechanic 3 0 3 M 2000 $4,330.00 $4,785.63 $-455.63 95 Mechanic Lead 1 0 1 M 2000 $4,600.00 $4,785.63 $-185.63 96 Liquor Store Clerk 25 7 32 B 667 $2,210.00 $2,410.02 $-200.02 97 Seasonal Maintenance Worker 12 6 18 B 1000 $2,643.00 $2,961.48 $-318.48 98 WSI Swim Instructor/Life Guard 1 3 4 F 667 $2,210.00 $2,410.02 $-200.02 99 PT Customer Service Asst 1 2 3 B 1000 $2,643.00 $2,961.48 $-318.48 100 Facilites Attendant 7 0 7 M 1000 $2,643.00 $2,961.48 $-318.48 101 Head Life Guard/Lesson Supery 1 3 4 F 1000 $3,076.00 $2,961.98 $114.52 102 Lead ConcessionfRink Guard 4 2 6 B 1000 $3,076.00 $2,961.48 $114.52 103 Program Instructor 1 3 5 8 B 667 $2,210.00 $2,410.02 $-200.02 Page 3 of 3 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda January 20, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Sue Kotchevar, Office of the Approve Agreement with Hilde Inc. for City Manager/Finance Actuarial Services Requested Action Move to: Approve Agreement with Hilde Inc. for Actuarial Services Synopsis Due to new accounting standards, the City is required to have an actuarial study every two years to quantify the additional cost of the City's health and dental insurance costs because retirees are allowed to stay on the City's health and dental insurance plans. State Statute requires the City to provide this benefit to employees that have retired. Although retirees pay the full cost of the benefit, there is a calculated cost for this benefit for current employees that must now be recognized in the City's financial statements. Employees earn this benefit while employed by the City, not when they are retired. At this time, we do not expect a budget impact for this cost because retirees pay for cost of the insurance. As you may have heard in the news, for entities that do pay for some or all of retiree health and dental insurance, they have had to find a way to manage the increased cost that must be recognized in their financial statements. The City conducted an RFP process for these services. Four vendors responded with a price range of$3,700 to $7,500 and Hilde Inc. was the lowest bid. Two firms were interviewed and Hilde Inc. was very responsive and they have the ability, capacity, and skill to perform the services. Staff received positive responses from three references. Attachment Agreement Rev. 10-28-2008 Standard Agreement for Professional Services This Agreement is made on the _20th day of January, 2009, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hilde Inc., a Minnesota Corporation (hereinafter "Consultant") whose business address is 11800 Singletree Lane Suite 305 Eden Prairie, MN 55344 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 Actuarial Services hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work/Proposal. The Consultant agrees to provide the professional services shown in Exhibit "A" in connection with the Work. The terms of this standard agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. 2. Term. The term of this Agreement shall be from 01/20/2009 through 12/31/2009, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 3,700.00 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 br 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. 10-28-2008 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 \8/od<. The City shall give thorough consideration to all reports' oketchoo, esti0stes, dravViOgo, and other documents presented by the | ConeU|taOt, and shall inform the Consultant of all decisions required of City within a reasonable time sooa 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 etgDdmnda that may be required in ' the preparation of the Work for the Project. D. Owners Representative. A person shall be appointed to act ae the Cih/nrepresentative with respect to the work to be performed under this Agreement. He or she shall have complete authority totransmit instructions, receive information, iOterpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent tV the work covered by this Agreement. | � 5. Method of Payment The Consultant shall submit to the [}it«, on a monthly bmoie' an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be | paid in the same manner ao other claims made tothe City for: A. PPognaao Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number ofhours wo[ked, rate of pay for each e0p|oyee, a computation of amounts due for each omp|oyee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sectiona471.3O and471.3D1. For � reimbursable eXpeneeS, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation an reasonably required by the City. Each - invoice shall contain the Citx'o project number and m progress summary showing the original (o[ amended) amount of the contnaot, current biUing, past payments and unexpended balance ofthe contract. B. Suspended Work. |f any work performed by the Consultant is suspended in whole or in part by the City, the Consultant ohe|| be paid for any services performed prior to receipt of written notice from the City of such suspension, all @s shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special noOou|taOts, as described in Section 313. and for other items when authorized in writing by the City. D. [||miDls. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "| declare under penalty of perjury that this account, claim, or demand is just and correct and.thatno part ofit has been pgid." O. ' '_°.-&f'- Manager and Staffing. The Consultant has designated Jill K8 Urdmh| and ton-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. 10-28-2008 established herein. Consultant may not remove or replace these designated staff from the Project ' without the approval of the City. 7. Standard ofCare. All Work performed pursuant to this Agreement shall be in accordance with | the standard of care in Hennepin County, Minnesota for professionalservices of the like kind. O. Audit Disclosure. Any [eporte, info[0ation, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, ahm|| not | be made available to any individual or organization without the Cib/'e p[i�[Vvht��O approval. The ' � books, recoPds, documents and accounting procedures and practices of the Consultant or other | parties relevant to this Agreement are subject to eXmnniDGdioD by the City and either the Legislative Auditor or the State Auditor for a period of six (8) 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. S. 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 proViaion, if there is no fault of the [}oOau|tont' the Consultant ehoU be paid for gen/ioeo rendered and reimbursable expenses until the effective date Vftermination. |f however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this AoreeOlent. no further payment ehmU 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 Doted 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 Qty. 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 OliOi[numn monthly interest penalty - payment for an unpaid balance of $1OO 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 ina civil action to collect interest penalties from the Consultant shall be awarded its costa and disbVnoemaOte, including ettorDey'a feeo, 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 ehm|| be construed sooato find the Consultant an employee of the City. ' 12. Non-Discrimination. During the performance of this Agreement, the Consultant ghgU not discriminate against any employee or applicants for employment because of race, color, creed, Pe|igion. national origiO, nex, marital status, status with regard to public aosiotance, diembi|itv, sexual orientation or age. The Consultant ehg|| poet in places available to employees and applicants for e[np|oynneDt. notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant oh@|| incorporate the foregoing requirements of this paragraph in all of its subcontracts for program Vvo[k, and will require all of its subcontractors for such work to "incorporate such requirements in all subcontracts for program vvod«. The Consultant further 3 - � _ Rev. 10-28-2008 agrees to comply with all aspects of the Minnesota HU08D Rights Aot, Minnesota Statutes 3O3.O1. et. oeq.. Title \/| uf the Civil Rights Act of18G4. and the Americans with Disabilities Act of189O. | | 13. Assignment Neither party shall assign this Agreement, nor any interest ohaiOg herein, without / the written consent ofthe other party. 14. Services Not Provided For. No o|@iDl for services furnished by the Consultant not specifically provided for herein shall be honored by the City. | 15. Severability. The provisions Vf this Agreement are severable. |f any portion hereof is, for any | nsaeon, held by a court of competent jurisdiction to be contrary to |gvv, such decision shall not affect the remaining provisions of this Agreement. 10. 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 na|eding to the subject matter hereof. Any e|te[gtioOs, amendments, de|etioOs, 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 eh@|| abide by statutes, ondiDanoeo, 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 Aot, Minnesota Statutes Section 13, as amended, and yN|DOesVta Rules promulgated pursuant to Chapter 13. Any violation of statutes, VFdinanceo, rules and regulations pertaining to the services to be provided ehe|| 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 ohm|| not | | affect, in any reepeCt, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees todefend, indemnify and hold the City, its officers, and employees harmless from any |iabi|itx, c|gi0s, damages, costs, 'Udg0eOts, or expeOoea, including reasonable ottV[Oey's feeo, naoU|tiDg directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the CoOsV|tmOt, its agenta, e0p|Vyeeo, 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 tV perfo[0, in any respect, all obligations under this Agreement. 20. Insurance. A. General Liability. Prior to starting the \8odl Consultant shall pnocUFe. 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 orby any subcontractor orbyanyone employed by any Cf them orby 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 po|icyUaa\ shall name the City eoon additional insured for the services provided under 4 ' _ Rev. 10-28-2008 --------------- - -------------- ------------- ! this Agreement and shall provide that the Consultant's coverage shall be primaryaDd noncontributory iD the event ofoloss. / B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability oOthis Project: Worker's Compensation Statutory Limits � Employer's Liability $5OO.00O each accident | $5OO.00O disease policy limit �5ODOOOdi�eaoe ���h �mp|ny�� - ' | Comprehensive Liability $1.00O.00O property damage per occurrence $2.00O.00O general aggregate � $2'OOO.00O Products— Completed Operations Aggregate $1OO'OOO fire legal liability each occurrence $5.00O medical expense Comprehensive Automobile Liability $1.00O.00O combined single limit (shall include coverage for all owned, hired and non-owed vehicles. Umbrella orExcess Liability $2.000.000 C. The Comprehensive General/Commercial General Liability p0|icy/ies\ shall be equivalent in coverage to ISO form CG 0001, and shall include the following: 8. Premises and Operations coverage with no explosions, collapse, or underground damage exo|uaiVnCXCU\. 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. PenaoOo| injury with Employment Exclusion (if any) deleted. d. Broad Form {}GO001 0188 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operationo, or its equivalent. - f. Additional Insured EOdoreemenf(s)' naming the "City of Eden Prairie" as an Additional Insured, oD ISO form CG 201011 85. orCG20101001 and CG2O 37 10 01. or an endorsement(s) providing equivalent coverage to the Additional Insureds. |8[) form C{3 20 10 07 04. and later versions of said form. are not acceptable. �. If the Work to be performed is on an attached oomrnuOit», there ohmU be no exclusion for attached or condominium projects. � __ Rev. 10-28-2008 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 and Host Liquor Liability insurance applicable to the Consultant's performance under this Agreement. j. Severability of Insureds provision. 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 6 | / Rex. 1O-2O-2OD8 | evidencing Insurance shall be in mfornl accepta ble to City and ahsdi provide satisfactory evidence that Consultant has mJnlo|ied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required � policies. City will not be ob|igated, hovvever, 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, On[ be deemed a waiver of, Citv'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 ofConsultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indernnif» and hold harnO|esothe (�itv' the (�ih/� o�ici�|a, aQ�Ota oDd �rnp|oyeeef�`nn any |oeo. claim, liability and expense (including � reasonable attorney'a fees and expenses of litigation) tothe extent necessary tm afford the same protection as would have been provided by the specified insurance. Except tothe extent prohibited by |evV, this indemnity applies regardless of any strict |iabUit« 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 specified ineungOo�\ is m�hb�tmb|� to the negligent or oth�nmo� ' ' � wrongful act or omission (including breach of contract) of Consultant, its subcontractors, � agents, employees ordelegates. Consultant agrees that this indemnity shall beconstrued and applied in favor ofindemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this inde[DOitx, 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 Cho may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the Citv, guaranteeing performance of the indemnity obligation; or -' b. Furnish e 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 far ft'purom6t. 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 ConeU|tmDt, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability tothe other, and the party using the Information agrees to defend and indemnify the other from any claims o[ liability resulting therefrom. | 22. Dispute Resolution/Mediation. Each diaput�. claim or controversy arising from o[ related to � this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as m condition precedent to initiating arbitration or legal or equitable actions by either - / / || Rev. 10-28-2008 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. 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 F-01' - 'b q Scope, Timeline, and Fee information for the Actuarial Valuation under GASB Statement No. 45 City of Eden Prairie This fee quote assumes that the City of Eden Prairie has approximately 280 Plan Members with only the Implicit Rate Subsidy liability under GASB 45. The City had revenue as determined for GASB No. 34 between $10 and $100 million. • GASB Statement No. 45 says that plans with more than 200 Plan Members must perform an actuarial valuation at least once every two years. For a city of the size of Eden Prairie, we believe that the liability under GASB 45 will be material. After this initial valuation is completed, a conversation can take place with the City's auditors to determine the materiality of GASB 45 on a going forward basis. Based on our experience and recommendations to other entities, we expect that the City of Eden Prairie will need to complete a valuation under GASB 45 every other year. It will most likely be more important for the City to complete these requirements due to Bond Disclosure Language that may promise that the City will issue annual financial statements that conform to GAAP or GASB. Upon receipt of all data needed for the project (see the Data Request), the actuarial valuation results can be prepared within six weeks. Any additional information requested (for example, changes in plan design, actuarial cost projections) could possibly extend this timeline. Hildi Incorporated 8 The Actuarial Valuation Process This exhibit shows the GASB 45 process. We have attached a sampieclata request list that is required to. becompleted and sent by the City to Hildi Inc. in order to complete the actuarial valuation. Actuarial Valuation Input Items Participant Data/ Assets/Claim Cost OPEB Provisions Census Information Information The ActuanaI Actuarial Assumptions —Black , e e, t Actuarial Cost Methods Box and Actuarial Asset Methods Actuarial Accrued Annual Required Contribution (ARC) Liability and Net OPEB Obligation Normal Cost Results Actuarial Assumptions The actuary and client jointlydrinleoctdaisoproposed set of actuarial assumptions. to be used in the valuation. Hildi usses the proposed assumptions with our clients at an early stage in the. project; not all actuaries will do this. We welcome the client's input in the selection rocess, and it's important to remember thatto the earlier a client questions an assumption,ip the less work it is for the actuary make the required changes to the valuation. Hildi Incorporated 9 � | | | Actuarial Valuation under GASB 43/45 Sample Data Request Data format: Preferred delivery bv computer CD, disk, or email. Data in Excel spreadsheets is preferred. General List of items needed to perform a GASB 43/45 Actuarial Valuation ° Emp artioipantDeto � Medical and Dental Claims Costs ° Medical and Dental Employee Premium/Contribution information " Employee Group Contracts � Plan Asset information " Retiree Communications or any OPEBcommunications Specific List of items needed for E00ployee/Partici pant Data Active Employees--one row Df data per participant, please " Employee|Dor Social Security Number " Gender " Date of Birth (K0K8OOYYYY) | / ° Date of Hire(K8K8DOYY}Y) ° Pre-Calculated Service Field ° Contract Group " Current Salary — please include the definition of Salary that is being used in the benefits being valued � ° Current Daily Rate ofPay � ° Accumulated Unused Sick Leave Days ° Health Plan Code = Health Plan Coverage Code(none. single,family) Retired Employees--one row Dfdata per participant, please " Employee|D or Social Security Number ° Gender ° Date of Birth (K8K8DDYYYY) ' = Date of Retirement(K8MDDYYYn8 ° Contract Group ° Annual Amount ofSeverance Payment � Remaining Severance Balance ° Date of Severance Start(K8K8DD\R0Y) ° Date that Severance Ends(W1K8DDYYYY) " °^8eparateinfonnedionwiUbeneededforK8edico)andDento|be|cwv. ifbothorepnovided°° = Annual City/County Paid Health Benefits, ifany ° Remaining City/County Paid Health Benefits Balance � Date City/County Paid BenafitsStart(N1N1DDYYYY) • Date City/County Paid Benefits End (K8K8DD\"YYY) " Monthly Retiree Contribution for Health Premiums • Health Plan Code ° Health Plan Coverage Code(none. single,family) Hi|di |ncorpooted 10 ' | � ~ U ���U ��� x� ������� �����K��u Valuation under l ' Data Request continueedd Claims Cost Information ' | Current year-to-date and three Years of Monthly Claims Experience—split by Actives, | Pre-65 Retirees, Post-65 Retirees and by Medical, Dental, and Prescription Drugs. List of Large Claims for the last three years (over$3O.00C). | Current year-to-date and three Years of Monthly Enrollment by Coverage Tier, split by | Plan Option,that corresponds to the Claims Experience. Underwriting Exhibits for the current and past two years for Actives, Pre-65 Retirees, and Post-O5Retirees. Plan changes over the last three years and for the current year. | Other Health Plan Information F{obnee Rates and Retiree Participant Contributions (Medical and Dental)for the current and the past three years. � � Employee GroupContracts and/or Summary Plan Descriptions for all health care and dental benefits. Retiree K8adioa| and Dental Plan Documents--including eUQibUUv requirements. Medicare Part Ddiroction/deoieion. Plan Asset Information Funding Vehicle materials tobe used for the (}PEBo. ifany. 11 HUdi |ncorporohad � | � | Fee Proposal / | Basic Actuarial Valuation Fees for GASB Statement No. 45 | Valuation Date Basic Fee | During2OOO $3jY00 / These Basic Actuarial Fees include the following: w Teleconferencing with the actuaries on pending or anticipated issues which / may affect the actuarial valuation/report. If any work is needed based on one of the outcomes ofa teleconference, a fee will ba agreed upon before any work is initiated. * Pre-valuation conference call to discuss and gather information onactuarial | | assumptions, participant data, plan changes and any other information that may change the upcoming actUaha| report calculations. w /\ results meeting at the Eden Prairie city offices to discuss the results based on the assurDotiono, funding methods, asset method, and any other provisions discussed and noted at the pre-valuation conference call. (There will be an additional meeting charge if a 2 nd results meeting is required for the Fire Relief Plan on a different datej � • An Actuarial Report including all information required b« GAGB GtgtaDleOto43 ond45. Hi|di Inc. will provide mn electronic copy and three hard copies. p Periodic memos and telephone calls to provide updates oD developments that may affect future actuarial reports. The Basic Actuarial Fees are also based on: w The receipt of clean participant data iO the format requested from the Hi|di Inc. data request packet. w [||einos Cost requests and discussions with the Vendors not toexceed two hours ofHi|di Inc. consultant's time. If claims data is provided from multiple vendors, there may need tobgan additional charge. Hi|di |noorporotad 12 • Fee Proposal, continued Fees for Additional Actuarial Services Description Fee Auditor Requests Fee to be agreed upon after receipt of the audit request Attendance at City meetings and/or Staff Hourly Rates Meetings Contract Proposals Fee to be agreed upon after determination of scope Hourly Rates for Additional Services Description Hourly Rate Strategic Actuarial Consulting and Meeting $250 time Actuarial Calculations $100-$200 Data and Administrative work $100—$200 Travel and lodging expenses are not included in the basic fee and will be invoiced separately. Hildi Incorporated 13 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 20, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO:. VIII.E. Police, Lieutenant Weber Approval of 2009 Towing Services Agreement Requested Action: Move to: Approve renewal of the Agreement for Towing Services between the City of Eden Prairie and Matt's Auto Service for 2009. Synopsis: This agreement for Towing Services will provide consistency of towing services and costs. Background Information: For 45 years Matt's Auto Service (6282 Industrial Drive, Eden Prairie) has been acting as the official towing agency for the City of Eden Prairie. Matt's Auto Service has consistently provided the City with quality service. Matt's Auto Service provides towing/impoundment services for several other local police departments including Minnetonka, Hopkins, Deephaven, Hennepin County Sheriff, and State Patrol. This is a renewal of the 2009 agreement with no changes in fees and charges. The proposed agreement has been reviewed and approved by the City Attorney. Attachment: 2009 Agreement for Towing Services 2009 AGREEMENT FOR TOWING SERVICES THIS AGREEMENT, entered into this 20th day of January, 2009, between the City of Eden Prairie, Eden Prairie City Offices, 8080 Mitchell Road, Eden Prairie, MN 55344-2230 ("City"), and Matt's Auto Service, Inc., 6282 Industrial Drive, Eden Prairie, MN 55344 ("Contractor"). In consideration of the mutual covenants contained herein, the City and Contractor agree as follows: 1. Contractor's Services. The Contractor agrees to provide all services required by the City for towing of vehicles, as that term is defined in Minn. Stat. § 169.011, Subd. 2. These services shall be provided in accordance with the terms of this contract. The Contractor shall furnish the equipment, personnel, supplies, and facilities sufficient to fulfill all the terms of this contract. 2. Personnel. All drivers provided for the towing vehicles shall be checked for driver's license and warrants by the City's Police Department prior to their assignment. Contractor agrees to train all drivers in the proper towing of vehicles containing hazardous materials in accordance with federal and state laws. 3. Storage Facility. The Contractor shall provide storage facility for towed vehicles which shall be fenced and locked in a secure manner. The facility shall have space for no fewer than 150 vehicles and shall be within one mile of the City limits. 4. Operation. No vehicle shall be towed under this contract without specific authorization from an employee or agent of the City. All vehicles shall be towed, not driven (except when authorized) without damage to the vehicles, to the storage facility. Contractor shall maintain and provide a telephone answering service 24 hours a day for the purpose of receiving requests for service pursuant to this contract, and provide and maintain mobile radio service with all towing units. 5. Notification of Owner. Upon the deposit of a towed vehicle in the storage facility, the Contractor shall send, within 72 hours, by certified mail, to the registered owner a notice specifying the date and place of the tow, the year, make, model, and serial number of the vehicle towed, if such information can be reasonably obtained, and the procedure to reclaim the vehicle. A record of this notice shall be retained by the Contractor. 6. Release. No vehicle shall be released without proper proof of ownership. Vehicles ordered held by the Police Department shall not be released without written authorization from said department. Vehicles not kept on a "police hold" shall be released by the Contractor after obtaining proper proof of ownership and proof of current insurance coverage if the vehicle is to be driven out of the impound lot. The Contractor reserves the right to specify the manner of payment for all charges and fees. Contractor 1 agrees to supply personnel and reasonable hours of operation for the release of vehicles. Minimum hours shall be 8:00 a.m. to 5:00 p.m. Monday through Friday; 10:00 a.m. to 1:00 p.m. Saturdays; and 2:00 p.m. to 3:00 p.m. on Sundays and holidays. Contractor agrees to provide emergency service beyond those hours at the request of the police department. 7. Towing and Storage Charges. A 24 hour towing rate schedule for the term of the agreement for City of Eden Prairie impounded vehicles is: TOWING RATES-POLICE IMPOUNDS Impounded vehicles $89.00/109.00 Trailering impounded vehicles (additional) $5 minimum Accidents $85.00/105.00* Lowboy& Tractor service $95/hour minimum Dollies (Additional) $25.00/45.00 Winching (Additional) $45 small truck $225 big truck* Semi truck tractors and trailers $100 minimum* On-scene additional labor charges $25.00/45.00/hour minimum *additional labor charges may be required depending on the specific equipment or labor needed at the scene. STORAGE RATES-POLICE IMPOUNDS Two wheel motor vehicles, mopeds, $28.00/day ATV's, and snowmobiles Other vehicles (ex large trucks) $45.00/day Inside storage $45.00/day Tractor-trailers, large trucks $45 - $65/day Note: (1) Vehicles not able to be towed by conventional means due to unusual factory or after-market equipment installed will be impounded at the lowboy and tractor service rate plus additional labor charges which the Contractor must justify. Note: (2) Additional labor charges include, but are not limited to, unlocking vehicles, disconnecting transmission linkages or driveshafts, unusual road clean up, snow shoveling, any additional equipment needed, and vehicles located off the main roadways. Labor charges must be justified by the Contractor. All towing or storage charges shall be the responsibility of the vehicle owner, except that (a) public safety vehicles requiring towing within the City of Eden Prairie area shall be towed without charge to the City, (b) vehicles towed and/or stored in error (at the request 2 of the City) shall be returned to the owner at no charge, (c) Contractor may charge, in its discretion, a $25 fee for vehicles impounded by the City and abandoned by the owner that require disposal at the Contractor's expense pursuant to paragraph 10 of this Agreement. Any such fees charged by the Contractor shall be deducted from the administrative fees owed by the Contractor pursuant to paragraph 9 of this Agreement. 8. Forfeited Vehicles. Vehicles towed and stored pursuant to seizure/forfeiture under Minnesota Statutes §§ 609.531 to 609.5318 and §169A.63 shall be towed and stored at the following rates: Vehicles released within 15 days of the impound and no longer subject to forfeiture will fall under the procedures and fees outlined in paragraphs 6 & 7; Vehicles held for forfeiture will be charged a flat fee of $200.00 for towing and storage for the first 60 days, and $5.00 per day storage beginning with the 61 St day. These fees would apply to vehicles which were held for forfeiture and subsequently released back to the registered owner or lien holder after 15 days from the impound date had passed. Contractor will charge the City of Eden Prairie $12.00 per vehicle for owner notification and $12.00 per vehicle for Lien Holder notification to cover staff time and materials related to forfeited vehicles. If the owner/lien holder does not pick up the vehicle within 30 days of being notified by the contractor by certified mail to do so, and the vehicle has been stored over 60 days total, the vehicle may then be subject to the storage rates outlined in paragraph 7, beginning with the 31st day after receiving such notification. Release of such vehicles shall be governed by Minnesota Statutes §§609.531 to 609.5318 and §169A.63. Any storage or towing fees paid by the registered owner, which have already been paid by the City, shall be reimbursed to the City by the Contractor. A 9. Administrative Fees. The Contractor agrees to pay the City $4.00 for clerical and administrative expenses for each vehicle referenced in an impound towing report filed by the Police Department. These fees shall be paid semi-annually, June 30 and December 31, of each year for the preceding six month period. Vehicles not claimed and destroyed by the Contractor will be exempt from the administrative fee. 10. Records and Reports. Contractor shall prepare a semi-annual report of all vehicles towed, stored, released, and still held, in a form acceptable to the City. This report shall be forwarded to the police department at the same time as payment of the administrative fees referenced in paragraph 9. The report shall include the reasons why, if any, vehicles towed have not been released. All records of services provided by the Contractor pursuant to this agreement shall be available for inspection by the City upon request. 11. Sales and/or Disposal. When the total of all charges for towing, storage, and other charges equals or exceeds the value of the vehicle impounded, the Contractor shall, with the permission of the Chief of Police, sell the vehicle at a sheriffs sale or otherwise dispose of the vehicle by lawful means. The Chief of Police may authorize the lawful sale of other vehicles when so requested by the Contractor after proper notification has been made to the registered owner. The Contractor shall report all transactions of sale or disposal, including the proceeds received, in the semi-annual report referenced 3 above in paragraph 10. The Contractor shall keep records and prepare an annual summary report by January 31, 2010, of all losses and profits from the sale or disposal of vehicles towed pursuant to this agreement. 12. Liability. The Contractor shall be responsible for the loss of, or damage to, any vehicle, equipment thereon, and contents therein due to the fault of the Contractor or his agent, from the time he, or his agent, takes custody of the vehicle, whether that be by signing the receipt for the vehicle or by hooking or hoisting the vehicle. The Contractor shall be responsible for the safe keeping of personal property, within or on the vehicle, as identified on the vehicle impound form. 13. Indemnification. The Contractor shall indemnify, hold harmless and defend the City, its employees and agents from, and against, all claims, damages, losses and expenses, including attorneys' fees, which the City may suffer or for which it may be held liable because of bodily injury, including death, or damage to property, including loss of use, as a result of the fault of the Contractor, its employees, agents or subcontractors in the breach or performance of this agreement. 14. Insurance. The Contractor shall obtain and maintain liability insurance for coverage of not less than the following amounts: Hazardous Load As required by fed/state laws Worker's Compensation Statutory Employer's Liability $100,000/$500,000/$100,000 Bodily Injury & $100,000 each occurrence Property Damage Fire & Theft $30,000 each occurrence Garagekeeper Liability $30,000 each occurrence The insurance shall cover all operations under this contract, whether undertaken by himself, subcontractors or anyone employed or retained by them. Coverage for bodily injury and property damage shall be written under comprehensive general and comprehensive automobile liability policy forms, including coverage for all owned, hired and non-owned motor vehicles. The insurance shall also cover the indemnification liability set forth in paragraph 13. All insurance policies required by this requirement shall include a provision that provides that the policy may not be canceled, terminated, or reduced except upon thirty (30) days written notice to the City. The insurance company shall deliver to the City certificates of all required insurance on a form provided by the City, signed by an authorized representative. The representative shall have in effect errors and omissions coverage in limits of not less than $100,000 per occurrence and $300,000 aggregate. 15. Non-Discrimination. The Contractor agrees during the life of this contract not to discriminate against any employee, applicant for employment, or other individual because of race, color, sex, age, creed, national origin, or any other basis prohibited by 4 federal, state or local laws. The Contractor will include a similar provision in all subcontracts entered into for performance of this contract. 16. Subcontractors. The Contractor shall not subcontract all or any portion of this contract without prior written approval of the City, except for assistance in emergency or unforeseen circumstances. All subcontractors shall be bound by, and covered by, all terms of this agreement. 17. Agreement Period. This Agreement shall commence on January 1, 2009, and terminate on January 15, 2010. This Agreement may be renewed from year to year on the same terms and conditions upon the mutual written consent of both City and Contractor. This agreement may also be terminated by either party upon fifteen (15) days written notice if the other fails to perform in accordance with the terms of this Agreement through no fault of the terminating party. 18. Independent Contractor. At all times and for all purposes hereunder, the Contractor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Contractor an employee of the City. 19. Compliance with Laws. In providing services pursuant to this Agreement, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the performance of this contract. Any violation shall constitute a material breach of this agreement and entitle the City to terminate this agreement. 20. Audit. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor as appropriate. 21. Payment to Subcontractors. The Contractor shall pay any Subcontractor within ten (10) days of the Contractor's receipt of payment from the City for undisputed services provided by the Subcontractor. The Contractor shall pay interest of one and one- half percent (11/2%) per month or any part of a month to a Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual amount due to the Subcontractor. 22. Data Practices Act Compliance. The Contractor shall at all times abide by Minn. Stat. § 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the same is applicable to data and documents in the possession of the Contractor. 23. Final Payment. The City may withhold from any final payment due the Contractor such amounts as are incurred or expended by the City on account of the termination of the Agreement. 5 24. Whole Agreement. This Agreement embodies the entire agreement between the parties including all prior understanding and agreements, and may not be modified, except in writing, signed by all parties. MATT'S AUTO SERVICE, INC. CITY OF EDEN PRAIRIE By By Its Owner Its Mayor By Its City Manager Dated: Dated: 6 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 20, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Fire Depai tiiient, Type 3: All Hazard Incident George Esbensen, Fire Chief Management Team(AHIMT) Joint Powers Agreement Requested Action Move to: Approve the Joint Powers Agreement for the Type 3 All Hazard Incident Management Team. Synopsis Eden Prairie provides staff to act as members of the state AHIMT. The Joint Powers Agreement provides formal structure and guidance to the team. The AHIMT is primarily a grant funded organization utilizing state and federal grant sources to fund its operations. Background Information Type 3: State or Regional multi-agency/multi-jurisdiction team for extended incidents. A multi- agency/multi-jurisdiction team for extended incidents, formed and managed at the State, regional or metropolitan level. It is a designated team of trained personnel from different depai tinents, organizations, agencies, and jurisdictions within a state or DHS Urban Area Security Initiative (UASI)region, activated to support incident management at incidents that extend beyond one operational period. Type 3 AHIMTs are deployed as a team of 10-20 trained personnel to manage major and/or complex incidents requiring a significant number of local, regional, and state resources, and incidents that extend into multiple operational periods and require a written Incident Action Plan (IAP), such as a tornado touchdown, earthquake, flood, or multi-day hostage/standoff situation, or at planned mass-gathering events. A Type 3 AHIMT may also initially manage larger, more complex incidents that are later transitioned to a Type 2 or Type 1 AHIMT. An All Hazard Incident Management Team(AHIMT) is a comprehensive resource (a team) to either augment ongoing operations through provision of infrastructure support, or when requested, transition to an incident management function to include all components/functions of a Command and General Staff. An AHIMT: • Includes command and general staff members and support personnel • Has pre-designated roles and responsibilities for members (Rostered and on-call: Identified and able to be contacted for deployment) • Is available 24/7/365 • Deployed as a team of 10-20 trained personnel to manage major and/or complex incidents requiring a significant number of local, regional, and state resources, and incidents that extend into multiple operational periods and require a written Incident Action Plan(IAP). • May be utilized at incidents such as a tornado touchdown, earthquake, flood, or multi-day hostage/standoff situation, or at planned mass-gathering events. • May initially manage larger, more complex incidents prior to arrival of and transition to a Type 2 or Type 1 AHIMT. Attachments Joint Powers Agreement Joint Powers Agreement Establishing the Regional All-Hazards Incident Management Organization This agreement is made pursuant to the authority conferred upon the participants by Minnesota Statute 471.59. The participants to this agreement are all "governmental units" as defined by Minnesota Statute 471.59, Subdivision 1. 1.0 General Purpose. The purpose of this Joint Powers Agreement is to establish the Regional All-Hazards Incident Management Organization, which shall be governed by a Board of Directors, for the purpose of establishing, training, equipping, maintaining and deploying All-Hazard Incident Management Teams to incidents inside and outside the State of Minnesota as may be requested by a local agency or other unit of government. 2.0 Definitions. In addition to the standard definitions found in the National Incident Management System(2008), the following definitions apply to this document. 2.1 "All Hazard Incident Management Organization" (Organization) —The group of all Team Members, governed by the Board, who may be available to be rostered or activated to support incident management activities pursuant to this Agreement. 2.2"All Hazard Incident Management Team" (AHIMT) —A group of Team Members, designated by the Board, who are rostered for deployment or are deployed to support incident management activities pursuant to this Agreement. 2.3 "Team Member"—A trained and qualified person, approved by the Board, who is employed by, contracted to, or volunteering with a Participant, who is or may be available to be activated to support incident management activities pursuant to this Agreement. 2.4"Board"—The Board of Directors established by this Agreement 2.5'Director"-A member of the Board of Directors, qualified as defined under this Agreement, who is employed by, contracted to, or volunteering with a Participant, who may be available to be activated to support incident management activities pursuant to this Agreement. 2.6 "Participant"—Any governmental unit as defined by Minnesota Statute 471.59, Subdivision 1 which is a signatory to this Agreement. 3.0 Participants. 3.1 Participants: Subject to additional Participants added hereunder, the Participants shall be: (Attached Roster) 3.2 Status: No change in governmental boundaries, structure, organizational status or character shall affect the eligibility of any Final 11-17-2008 1 Participant listed above to be represented on the Board as long as such Participant continues to exist as a separate political subdivision. 3.3 Responsibility for Employees: All employees engaged in the work to be performed by a participant under this Agreement may not be considered employees of any other participant 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 participant as a result of any act or omission of a participant's employees while engaged on any of the work performed under this Agreement are not the obligation or responsibility of any other participant. Each participant is responsible for injuries or death of its own personnel. Unless otherwise provided by law, each participant will maintain workers' compensation insurance or self- insurance coverage, covering its own personnel while they are providing services under this Agreement. Each participant waives the right to sue any other participant 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 participant or its officers, employees, or volunteers. 3.4 Emergency Management Assistance Compact EMAC: Any participant engaged as a member of the AHIMT and deployed as part of an EMAC request are afforded all the protections and coverage as stated in Minn. Stat. 192.89, and retains all stated protections and coverage while engaged as part of an EMAC request. 4.0 Board of Directors. 4.1 Directors. The Organization shall be governed by a Board of Directors which shall consist of one (1) qualified Director appointed by the governing body of each participant. Each Participant may designate a qualified alternate for its appointed Director. 4.2 Qualifications. Directors and alternates must be Team Members and must have taken the current FEMA All-Hazards Incident Management Team Training, Incident Command System ICS-400 level training and current FEMA IS 700 and IS 800 training. 4.3 Compensation. Directors shall serve without compensation from the Organization or Board. This shall not prevent a Participant from providing compensation to a Director for serving on the Board. 5.0 QuorumNotinq. 5.1 Quorum. A majority of all of the Directors shall constitute a quorum. A simple majority vote of the Directors present at a meeting with a valid quorum shall be required for the Board to take action, unless otherwise provided in this Agreement or by law. Final 11-17-2008 2 5.2 Voting. There shall be no voting by proxy. All votes must be cast by the Director or designated alternate at a Board Meeting. Each Director shall have one (1) vote. 6.0 Officers. 6.1 Officers. The officers of the Board shall be a Chair, Vice-Chair ad Secretary/Treasurer. 6.2 Elections. At its first meeting, the Board shall elect a Chair, a Vice- Chair, and a Secretary/Treasurer who shall serve two year terms ending on December 31. Officers elected to partial or unexpired terms (including the initial term of office which ends on December 31, 2008) shall serve out the partial term but must then stand for election with the other Officers for the following term. 6.3 Vacancies. A Director shall be elected in the same manner as above to fill out an unexpired term of any office which becomes vacant. 6.4 Other Officers. The Board may elect or appoint such other officers as it deems necessary to conduct its meetings and affairs. 7.0 Meetings 7.1 Annual Meeting. The Board shall meet at least annually on a schedule determined by the Board. 7.2 Call. Meetings of the Board may be called by the Chair or upon written request of a majority of the Directors. 7.3 Open Meeting/Data Practices. The Organization shall comply with data practices and open meeting laws which are applicable to the Participants. 7.4 Meeting by Teleconference. The Board, in an emergency, may meet by teleconference. A quorum of the Board is required to be present on the call to conduct business. 8.0 Powers and Duties of the Board. 8.1 The powers and duties of the Board include, but are not limited to, those enumerated in this section. 8.2 The Board shall prepare, adopt, and implement a plan to provide AHIMT response according to the terms and conditions herein. 8.3 The Board shall establish, train, equip, maintain, and govern the Organization, AHIMT(s) and Team Members in their capacity as Team Members. Final 11-17-2008 3 8.4 The Board shall provide for the deployment and recovery of one or • more AHIMTs to incidents as may be requested by another government unit under circumstances approved by the Board. 8.5 The Board shall prepare and approve an annual budget for the AHIMT. 8.6 The Board may purchase and maintain equipment necessary for the performance of its duties and the duties of the AHIMT. 8.7 The Board may enter into contractual delegations of authority with local, state, or Federal, government units for the purposes of conducting incident management operations within the jurisdiction of such units and such power may be delegated to designated incident commanders. 8.8 The Board may research and make recommendations to the Participants regarding other matters related to the AHIMT's purposes. 8.9 The Board may consult with persons knowledgeable in all hazards incident management and response, such as research organizations, educational institutions, other political subdivisions, regulatory organizations, technical experts, and any other persons who can provide pertinent information. 8.10 The Board may cooperate or contract with the State of Minnesota, any political subdivision, federal agencies or private or public organizations to accomplish the purposes for which it is organized. 8.11 The Board may contract with other governmental units to provide the services of the AHIMT. The Board may enter into a mutual aid agreement with other similar AHIMTs. 8.12 The Board may contract for or purchase such insurance as the Board deems necessary for the protection of the Board, the Participants, the Response Team, and its property. 8.13 The Board may accumulate reserve funds for the purposes herein mentioned and may invest funds of the Organization not currently needed for its operations. 8.14 The Board may collect money from participants, subject to section 10.2, and from any other source(s) authorized by law. 8.15 The Board may make contracts, employ consultants, incur expenses and make expenditures necessary and incidental to the effectuation of its purposes and powers, in conformance with the requirements applicable to contracts and purchases of all the Participants. Final 11-17-2008 4 8.16 The Board shall cause to be made an annual audit of the books and accounts of the Board and shall make and file a report to the Participants at least once each year. Strict accountability of all funds and report of all receipts and disbursements shall be made. 8.17 The Board's books, reports and records shall be available for and open to inspection by its Participants at all reasonable times. The Board's records shall be available for inspection by the public pursuant to Minnesota Statutes, Chapter 13. 8.18 The Board may appoint such committees as it deems necessary to exercise the powers of the Board in accordance with by-laws adopted by the Board and as allowed by law. 8.19 The Board may exercise all other lawful powers necessary and incidental to the implementation of the purposes and powers set forth herein, including, without limitation, the adoption of by-laws to govern the functioning of the Board, provided that no by-law or action of the Board shall be contrary to the terms of this Agreement. 9.0 Additional Participants 9.1 Vote of Board. Other governmental units may become a participant to this Agreement upon approval of a 2/3 majority of the Board entitled to vote. The new Participant shall sign a copy of this Agreement. Existing Participants shall not be required to sign the agreement again. 9.2 Non-Governmental Entities. With the approval of the Board, Non- Governmental entities may appoint qualified Directors to become advisory (non-voting) members of the Board and may contribute personnel to AHIMT operations upon entering into a sponsorship agreement with any one Participant in a form accepted and approved by the Board. 10.0 Finance 10.1 No Joint Powers Board. A "joint powers board" pursuant to Minnesota Statutes 471.59, Subd. 11 is not established by this agreement. Neither the Board nor the Organization has authority to issue bonds or obligations. 10.2 Revenue. The Organization is wholly funded through grant funds available to one or more of the Participants. Participants are not obligated under this agreement to fund the Organization in any other fashion without an amendment to this Agreement as provided herein. 10.3 Disbursements. The Organization may make disbursements from public funds to carry out the purposes of this agreement. Final 11-17-2008 5 10.4 Fiscal Agent. The Board shall designate one Participant, with that Participant's consent, to serve as the fiscal agent for the Organization and funds may be paid to or disbursed by that Participant provided that the method of disbursement shall agree as far as practicable with the method provided by law for the disbursement of funds by the parties to the agreement. 10.5 Purchasing. Contracts let and purchases made under the agreement shall conform to the requirements applicable to contracts and purchases of the Fiscal Agent. 10.6 Accountability. The fiscal agent shall maintain accountability of all funds and report of all receipts and disbursements. 10.7 Distribution of Property. In the event that the Agreement is terminated as provided herein, any property acquired as the result of such joint or cooperative exercise of powers or surplus money shall be disposed of pursuant to the terms of any applicable grants or other contractual obligations, or, in none, pursuant to the procedures of the Fiscal Agent and the proceeds from such disposal shall be distributed pro rata to the Participants. 11.0 Indemnification 11.1 Each participant 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 participant and/or those of its employees or agents. Under no circumstances, however, may a participant be required to pay on behalf of itself and another participant any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one participant. The limits of liability for two or more participants may not be added together to determine the maximum amount of liability for one participant. The intent of this paragraph is to impose on each participant 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 participants and to permit liability claims against both participants from a single occurrence to be defended by a single attorney. 11.2 Total Liability. For purposes of determining total liability for damages, the Participants are considered a single governmental unit and the total liability for the Participants shall not exceed the limits on governmental liability for a single governmental unit as specified in section 3.736 or 466.04, subdivision 1, or as waived or extended by all Participants under section 3.736, subdivision 8; 466.06; or 471.981. Final 11-17-2008 6 11.3 Waiver. If a Participant has procured or extended insurance coverage pursuant to section 3.736, subdivision 8; 466.06; or 471.981 in excess of the limits on governmental liability under section 3.736 or 466.04, subdivision 1, covering participation in the Organization, the procurement of that insurance constitutes a waiver of the limits of governmental liability for that Participant to the extent that valid and collectable insurance or self-insurance, including, where applicable, proceeds from the Minnesota Guarantee Fund, exceeds those limits and covers that governmental unit's liability for the claim, if any. Waiver under this paragraph and related lay by any one Participant shall not constitute a waiver by any other Participant. 12.0 Duration. This Agreement shall remain in full force and effect until it is terminated in the manner provided herein. 13.0 Default. Upton the failure of any Participant to fulfill any of its other material obligations under this Agreement the Board may expel a Participant upon 2/3 vote. 14.0 Effective Date. This Agreement shall become effective upon the approval of any two Participants herein and shall become binding upon the remaining Participants on the dates of the approval of each of them. All Participants need not sign the same copy. The signed Agreement along with a certified copy of the resolution authorizing the Agreement, shall be filed with the Fire Chief of the City of Bloomington, who shall notify all Participants in writing of its effective date and set a date and place for the Board's first meeting. 15.0 Amendments. This agreement may be amended only by the unanimous agreement of all Participants acting by and through their governing bodies. 16.0 Withdrawal and Termination. 16.1 Withdrawal. Any participant shall have the right to withdraw from this Agreement and Organization hereby created in the following manner: 16.1.1 Notice of intent to withdraw shall be given in writing to all Participants. 16.1.2 The governing body of the withdrawing participant shall pass a resolution declaring its intent to withdraw effective Final 11-17-2008 7 on a specified date, which date shall not be less than ninety (90) days from the day of the resolution and shall send a certified copy of such resolution to the Chair of the Board not less than ninety (90) days before the effective date with withdrawal. The certified copy of such resolution shall be provided to the Chair of the Board by hand delivery. 16.1.3 Upon receipt of the resolution of a withdrawal, the Chair of the Board shall mail copies of the resolution to all Directors. 16.2 Continuing Organization. Notwithstanding the parties' authority to withdraw, this Agreement and the Organization created hereby shall continue in force until all remaining Participants mutually agree to terminate or revise this Agreement. 16.3 Termination. After the effective date of termination, the Board shall continue to exist for the limited purpose of discharging the Board's debts and liabilities, settling its affairs, and disposing of its property and surplus monies, if any. 17.0 Captions. The captions of this Agreement are for convenience and reference only and in no way define, limit, or describe the scope or intent of this Agreement. 18.0 Severability. The provisions of this Agreement are severable. If any section, paragraph, subdivision, sentence, clause, or phrase of the Agreement is held to be contrary to law, rule, or regulation having the force and effect of law, such decision shall not affect the remaining portions of this Agreement. 19.0 Counterparts. This Agreement may be executed in any number of counterparts, and each such counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall constitute but one • agreement. The Fiscal Agent shall act as administrator of the Agreement for the purpose of maintaining the document and insuring its availability to all Participants. The Fiscal Agent shall provide notice to all parties in the event of the addition or withdrawal of a Participant. 20.0 Construction. Each provision of this Agreement has been reviewed and negotiated, and represents the combined work product of all Participant hereto. NO presumption or other rules of construction that would interpret the Final 11-17-2008 8 provisions of this Agreement in favor of or against the Participant preparing the same shall be applicable in connection with the construction or interpretation of any of the provision of this Agreement. 21.0 Governing Law. This Agreement, and the rights of the parties hereto, shall be governed by and construed in accordance with the laws of the State of Minnesota. 22.0 Entire Agreement. The entire agreement between the Participants hereto is contained in this Agreement, and this Agreement supersedes all of their previous understanding and agreements, written and oral, with respect to the subject matter of this Agreement. IN WITNESS WHEREOF -the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statute 471.59. Final 11-17-2008 9 Execution Page for the Joint & Cooperative Agreement For The All Hazards Incident Management Team The party listed below has read, agreed to and executed this Agreement on the date indicated. Date Entity By Title And Title Final 11-17-2008 10 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 20, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Stuart A. Fox, Parks &Natural Resolution Authorizing Acquisition of Resources Manager Tax Forfeited Lands Requested Action Move to: Adopt Resolution authorizing the disposal of one parcel of tax forfeited land by Hennepin County. Synopsis Hennepin County Taxpayer Services staff has notified us that a parcel of land contained within Miller Park is tax forfeited property. This parcel was listed on Non Conservation List No. 1386 C/NC. This property has been pronounced tax forfeited to the State of Minnesota for non-payment of property tax. Staff is recommending conveyance of this parcel to the City of Eden Prairie. As provided in State Statute 282, Hennepin County has requested the City to make a recommendation as to the disposal of this land parcel. The City has the option to approve a parcel for public auction, approve a parcel for sale to an adjacent property owner,withhold a property from auction for one year, or request conveyance of the property to the City for a designated public use. The parcel of property is described as follows: Parcel PIN Description Pending Specials 1 17-116-22-43-0051 N 16 1/2 FT OF SW 1/4 OF SE1/4 0 LYING WLY OF RR R/W Background Parcel No. 1 is a 4,897.8 square foot(.112 acre)parcel of land that lies within the baseball field at Miller Park.The transfer of this parcel of land to the City must have been missed in the original land acquisitions from the Miller Family back in the 1980's.Miller Park was graded and the ballfield facility was built in 1992-93.According to Hennepin County records this parcel was owned by A.W.Miller and went tax- forfeit in 2006.This small parcel of land was an old access road used to get equipment to the farm fields that were present before the development of Miller Park. Recommendation Staff has reviewed the parcel information and recommends we request conveyance of the property for Park Use. Attachments 1. Resolution 2. Parcel Map CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2009- RESOLUTION AUTHORIZING THE DISPOSAL OF TAX FORFEITED LAND WHEREAS, the City of Eden Prairie has received from the County of Hennepin Conservation/ Non-Conservation List#1386 C/NC, which lists property in said municipality which have become property of the State of Minnesota for nonpayment of real estate taxes; and WHEREAS, provided in Minnesota Statute 282, the City Council is asked to determine the disposal of these parcels of land; and WHEREAS, the City can approve the parcels for public auction, or approve sale of the parcels to adjacent landowners, or request conveyance to the City for public use without monetary consideration, or request that the parcel be withheld from public auction for one year. NOW, THEREFORE, BE IT RESOLVED that the City of Eden Prairie does request the Board of Hennepin County to approve the disposal of this parcel in the following way: Parcel to be conveyed to the City of Eden Prairie for park use - PIN 17-116-22-43-0051 with no pending special assessments ADOPTED by the City Council of the City of Eden Prairie this 20th day of January, 2009. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk ' r -tiff. a=': �.� X�;„� • =;ca' ...:.0,1�•��,�:' �., r�,�„ �' �;^� •"Ie .ia..% .`>`, ..; „o-."''Rtir-sY.'«,,.-----4,, ;1 1,,,Eat.:'.. . f^ _ ';:a,.�%IAI`: ia�-44'.n`"..""44ii�",4444Z--,44 4°:-a tk ".k41 .� Miller Pr ,, ,, :, °` ; 't.° ,wE7. : ,°r ,. 'A''a.: z '' Parkway �� .,€.° nor �" � ;:�>,,;�, ..js ; :' y;,`. �'"� - s fr,,�'= . ,�-, :.ice.� „.a. ✓�„ <^ > ..,, ,?‘•,,,�, ,-n, sx :; P. 'fir:..., w :,;va "sm r;,.. •4; ,i ,.,, ` , a 't"-: � a_ fir;. '+ <r '440 ,n» "n`ut.>s, v t` t�`.y ,:,-,,,,,_ .. :::h.: y"t,.. . ` " 'ark _ ,,,r:;it; ?i','' 'iw`,,` IKA- 4:4' f,.. <aiti ,.x ..w 6.,,, ,a..,r rye ,-aiT. °`3�sm�:` '" ,:'%' 'r4'�<.: e _ "art ; Ay " �ry ;„ ��, ", 5; g° 7 ..•''‘ , ., r• � ,,...�i :;;r., :tea , �»; "`�< � ,� .�h',r, 3• tx'. ."- ':::' ,-d 3:>,° .t is>'s 'e Y 1'. s'' • '• ; • I. a 2• 'i :;. I'"' �' i n Sy : ®« :: to^b• :>t^x 1 r .:`stayi• 7i .'" ',rr. •' ,A. " ''' . t .4,s ., ^":. , a 5 x '. 1e;?rn ,} 1 Q ,•/, `; Miller Field #$ , - V10.• `,:, N fib ° . f P •..— u. o'" s Z <,x. . err s Y.%: t mow., V -, ° .‘0- r ` x ``, » • •' • :45 i "k<3� T • =A 3 <•� : i :ma'' e> 1 ' a ,� i . • .l' ,y�9," 1'. C. ` .�- j� ': ,�api�aio"3 � ^ >°3Y �a ,', y Z-, � �g ..A uHei, . , ,£, ,die '.,'.,P-a- . �N. w w. :�o-�.�< tea s�� .s w, ''^ • <,:.0.,.,° ..0 w�f0 ,. , n w,of�. � . •i gk, .,, ', . ,,-,:,,. ,x, �>r' .,,,,`x,:� ache �t a, „4<,: , ."- /14"' �etxi"11'''Ee�.is.L a!!'"c"-ac. 'ems t "i.4 •. .74",, r> ,' ''''. „ 7 E �, ,"„r r,r;;`s v,; m z - North 4 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 20, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Resolution amending Resolution 2009-07 Office of the City Manager designating the official meeting dates, times and locations for City Council appointed Boards and Commissions Requested Action Move to: Adopt Resolution amending Resolution 2009-07 designating the official meeting dates, times and locations for City Council appointed Boards and Commissions during 2009. Synopsis The Budget Advisory Commission meeting times and dates were inadvertently left off Resolution 2009-07 Designating Meeting Times and Dates for City Commissions, and must be added by amendment. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2009- A RESOLUTION AMENDING RESOLUTION NO. 2009-07 MEETING DATES, TIME AND LOCATION FOR CITY COUNCIL APPOINTED BOARDS & COMMISSIONS IN 2009 BE IT RESOLVED,that Resolution No. 2009-07 is amended by adding the meeting dates and times for the Budget Advisory Commission for 2009; and BE IT RESOLVED,that the Budget Advisory Commission will meet at 7:00 p.m. in the Eden Prairie City Center, 8080 Mitchell Road, Eden Prairie, Minnesota; and BE IT RESOLVED, that the Budget Advisory Commission will meet the 4th Tuesday of January through October and in December; and BE IT RESOLVED, that the Budget Advisory Commission will meet the 3rd Tuesday of November. ADOPTED by the Eden Prairie City Council this 20th day of January, 2009. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 20, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I. Sue Kotchevar, Office of the Resolution relating to Lease Revenue City Manager/Finance Refunding Bonds (City Hall and Community Center Projects), Series 2009A of the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota; Authorizing the Execution and Delivery of a Lease Purchase Agreement Requested Actions Move to: Adopt a resolution relating to Lease Revenue Refunding Bonds (City Hall and Community Center Projects), Series 2009A of the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota; Authorizing the execution and delivery of a Lease Purchase Agreement Synopsis The purpose of the issuance of the $3,290,000 of bonds is to refinance the 2002A bonds which will result in a saving of approximately $50,000. The bonds are for the debt owed on the City Center and the second sheet of ice at the Community Center. Attachments Resolution Lease Agreement CERTIFICATION OF MINUTES Municipality: City of Eden Prairie, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on January 20, 2009, at 7:00 p.m., at the City Hall in Eden Prairie, Minnesota. Councilmembers present: Councilmembers absent: Documents Attached: Minutes of said meeting (pages): through , including: RESOLUTION NO. RESOLUTION RELATING TO LEASE REVENUE REFUNDING BONDS (CITY HALL AND COMMUNITY CENTER PROJECTS), SERIES 2009A OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA; AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE-PURCHASE AGREEMENT I, the undersigned,being the duly qualified and acting recording officer of the municipal corporation considering the actions referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of the corporation in my legal custody, from which they have been transcribed; that the documents are a correct and complete transcript of the minutes of a meeting of the governing body of the corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at the meeting, insofar as they relate to the actions; that the meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above,pursuant to call and notice of such meeting given as required by law and that the above-described Resolution has not been amended or repealed as of the date hereof. WITNESS my hand officially as such recording officer this 20th day of January, 2009. Kathleen Porta, City Clerk After some discussion, Councilmember introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RELATING TO LEASE REVENUE REFUNDING BONDS (CITY HALL AND COMMUNITY CENTER PROJECTS), SERIES 2009A OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA; AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE-PURCHASE AGREEMENT WHEREAS, the Housing and Redevelopment Authority(the "Authority") in and for the City of Eden Prairie, Minnesota(the "City") has undertaken projects under the Housing and Redevelopment Act, Minnesota Statutes, Sections 469.001 through 469.047 (the "Act"), consisting of(a) the construction of improvements to a community center facility(the "Community Center Project") and(b) the acquisition of certain real property in the City of Eden Prairie, Minnesota and the acquisition and rehabilitation of an existing building located thereon, a portion of which is being used as a city hall and city offices (the "City Hall Project,"together with the Community Center Project, the "Project"); and WHEREAS, the Authority has financed the cost of the Community Center Project by the issuance of its Lease Revenue Bonds (Community Center Project), Series 1992A and the cost of the City Hall Project by the issuance of its Lease Revenue Bonds (City Hall Project), Series 1992B and Lease Revenue Bonds (City Hall Project), Series 1993A; and WHEREAS, the Authority has issued its revenue bonds pursuant to the Act, denominated Lease Revenue Refunding Bonds (City Hall and Community Center Projects), Series 2002A(the "Series 2002 Bonds")to refund in advance of maturity the outstanding Series 1992A Bonds and the Series 1992B Bonds (collectively, the "Series 1992 Refunded Bonds")pursuant to a Trust Indenture, dated as of February 1, 2002; and WHEREAS, the Authority proposes to issue its revenue bonds pursuant to the Act, to be denominated Lease Revenue Refunding Bonds (City Hall and Community Center Projects), Series 2009A (the "Bonds") for purposes of refunding in advance of maturity the outstanding Series 2002A Bonds having stated maturities in the years 2010 through 2012 (the "Refunded Bonds"); and WHEREAS, the Bonds will be issued pursuant to a resolution (the "Resolution")to be adopted by the Authority on January 20, 2009; and WHEREAS, all bonds issued under the Resolution will be secured by a pledge and assignment of the Lease-Purchase Agreement, dated as of February 1, 2009 (the "Lease") between the Authority and the City, and of the revenues derived by the Authority from the Project, and the bonds and the interest thereon shall be payable solely from the revenues pledged -2- thereto and no bonds shall constitute a debt of the Authority within the meaning of any constitutional or statutory limitation nor shall the full faith, credit and taxing powers of the Authority be pledged thereto; and WHEREAS, the Authority has received a proposal for the purchase of the Bonds from Northland Securities, Inc. (the "Purchaser"), and the Purchaser proposes to re-offer the Bonds by means of a Preliminary Official Statement, dated January 15, 2009 (together with a Final Official Statement to be prepared and distributed prior to delivery of the Bonds, the "Official Statement"); and WHEREAS, a form of the Preliminary Official Statement has been presented to this Council and is hereby ordered to be placed on file in the office of the City Finance Director. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, as follows: 1. Approval and Execution of Lease. The Lease, dated as of February 1, 2009, between the City and the Authority, substantially in the form presented to this Council, is hereby approved. The Mayor and the City Manager(or, in the event of their absence or disability, the acting Mayor or the acting City Manager, respectively) are hereby authorized and directed to execute and deliver the Lease in the name of and on behalf of the City. All of the provisions of the Lease, when executed and delivered as authorized herein, shall be deemed to be part of this resolution as fully and to the same extent as if incorporated herein. The Lease shall be substantially in the form now on file in the office of the City Finance Director, with such necessary and appropriate variations, omissions and insertions as the City Attorney shall determine to be necessary or appropriate, and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. 2. Approval of Official Statement. The Official Statement is approved and it is hereby determined that the information contained therein regarding the City is accurate and complete. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement insofar as it contains information describing the Lease. 3. Execution of Other Documents. Officers of the City are hereby authorized and directed to execute such other certificates and documents as may be necessary and appropriate to effectuate the transactions contemplated by the Lease and the Official Statement. 4. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect and interpreted from time to time, the Rule), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as -3- hereinafter defined) from time to time of the outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. The City has complied in all material respects with any undertaking previously entered into by it under the Rule. If the City fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner(as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond(including persons or entities holding Bonds through nominees, depositories or other intermediaries), or(b) is treated as the owner of the Bond for federal income tax purposes. (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: (1) on or before 365 days after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2008, the following financial information and operating data in respect of the City(the Disclosure Information): (A) the audited financial statements of the City for such fiscal year, containing balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form such figures for the preceding fiscal year of the City, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City,noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and -4- (B) to the extent not included in the financial statements referred to in paragraph (A) hereof, an update of the operating and financial data of the type of information contained in the Official Statement under the captions ECONOMIC AND FINANCIAL INFORMATION; SUMMARY OF DEBT AND DEBT STATISTICS; GENERAL INFORMATION- "Major Employers" and "Building Permits." Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to each of the repositories hereinafter referred to under subsection (c) or the SEC. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact(as defined in paragraph(2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph(b)(1) or subsection(d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner, notice of the occurrence of any of the following events which is a Material Fact(as hereinafter defined): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions or events affecting the tax-exempt status of the security; (G) Modifications to rights of security holders; (H) Bond calls; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities; and (K) Rating changes. -5- As used herein, a Material Fact is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a Material Fact is also an event that would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; (B) the amendment or supplementing of this section pursuant to subsection(d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); (C) the termination of the obligations of the City under this section pursuant to subsection(d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure. The City agrees to make available the information described in subsection(b)to the following entities by telecopy, overnight delivery, mail or other means, as appropriate: (1) the information described in paragraph(1) of subsection(b), to each then nationally recognized municipal securities information repository under the Rule and to any state information depository then designated or operated by the State of Minnesota as contemplated by the Rule (the State Depository), if any; (2) the information described in paragraphs (2) and(3) of subsection (b), to the Municipal Securities Rulemaking Board and to the State Depository, if any; and (3) the information described in subsection (b), to any rating agency then maintaining a rating of the Bonds at the request of the City and, at the expense of such Bondowner, to any Bondowner who requests in writing such information, at the time of transmission under paragraphs (1) or(2) of this subsection (c), as the case may be, or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. -6- (d) Term; Amendments; Interpretation. (1) The covenants of the City in this section shall remain in effect so long as any Bonds are outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This section (and the form and requirements of the Disclosure Information)may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph(c)(3) hereof) or the consent of the Owners of any Bonds,by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or(b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph(b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and(iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. -7- Adopted this 20th day of January, 2009. Mayor Attest: City Manager (SEAL) The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and,upon vote being taken thereon, the following Councilmembers voted in favor thereof: and the following members voted against the same: whereupon the resolution was declared duly passed and adopted. -8- LEASE-PURCHASE AGREEMENT between the HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE As Lessor and CITY OF EDEN PRAIRIE, MINNESOTA As Lessee Dated as of February 1, 2009 This instrument drafted by: Dorsey& Whitney LLP Suite 1500 50 South Sixth Street Minneapolis, Minnesota 55402 THIS LEASE-PURCHASE AGREEMENT, dated as of February 1, 2009 (this Lease), by and between the HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA, as lessor(the Authority), whose address is 8080 Mitchell Road, Minnesota 55344 and CITY OF EDEN PRAIRIE, MINNESOTA, as lessee (the City), whose address is 8080 Mitchell Road, Minnesota 55344; WITNES SETH: WHEREAS, the Authority is authorized by Minnesota Statutes, Section 469.012, subdivision 1(7), within its area of operation and without the adoption of an urban renewal plan, to acquire real property, and to demolish, remove, rehabilitate or reconstruct the buildings and improvements or construct new buildings or improvements thereon; and WHEREAS, the Authority is authorized by Minnesota Statutes, Section 469.012, Subdivision 1(21), to sell or lease any of its real or personal property or interests therein; and WHEREAS, as authorized by Minnesota Statutes, Sections 469.034 and 469.035, and Chapter 475, (the Act), the Authority has issued(i) its Lease Revenue Bonds (Community Center Project), Series 1992A (the Series 1992A Bonds), ), (ii) its Lease Revenue Bonds (City Hall Project), Series 1992B (the Series 1992B Bonds) and(iii) its Lease Revenue Bonds (City Hall Project), Series 1993A (the Series 1993A Bonds)to finance the acquisition, construction and rehabilitation of a community center facility(the Community Center Project) and a city hall facility (the City Hall Project); all located on the land described on Exhibit A attached hereto; and WHEREAS, the Authority has issued its Lease Revenue Refunding Bonds (City Hall and Community Center Projects), Series 2002A (the Series 2002A Bonds), dated as of February 1, 2002, to refinance the Community Center Project and a portion of the City Hall Project by refunding the Series 1992A Bonds and the Series 1992B Bonds; and WHEREAS, the City has requested that the Authority issue its lease revenue refunding bonds, the proceeds of which will be used to refinance the City Hall Project and the Community Center Project(collectively, the Project)by refunding the outstanding Series 2002A Bonds having stated maturities in the years 2010 through 2012 (the Refunded Bonds), and to pay certain costs of the issuance of the Bonds and of the refunding of the Refunded Bonds; and WHEREAS, the Authority has agreed to refinance the Project and to lease and agreed to sell the Project to the City,pursuant to the terms and conditions of this Lease; WHEREAS, as recited in the bond resolution of the Authority adopted January 20, 2009, the Authority has all necessary power to refinance the Project by refunding the Refunded Bonds and enter into this Lease of the Project with the City; NOW, THEREFORE, in the joint and mutual exercise of their powers, and in consideration of the mutual covenants herein contained, the parties hereto recite and agree as follows: ARTICLE I DEFINITIONS AND EXHIBITS Section 1.1. Definitions. Unless the context otherwise requires, the terms defined in this Section shall, for all purposes of this Lease, have the meanings herein specified. Authority Representative: The Chairperson of the Authority or the Secretary or any other person authorized to act on behalf of the Authority under or with respect to this Lease, as evidenced by a certificate conferring such authority executed by the Chairperson, given to City. Bond Fund: The fund designated as the Lease Revenue Refunding Bond Sinking Fund and established by the Authority pursuant to the Resolution. Bonds: The $3,290,000 Lease Revenue Refunding Bonds (City Hall and Community Center Projects), Series 2009A, to be issued by the Authority pursuant to the Resolution. City Representative: The Mayor or the City Manager, or any person authorized by law to act on behalf of the City under or with respect to this Lease, as evidenced by a certificate conferring such authority executed by the Mayor and given to the Authority. Code: The Internal Revenue Code of 1986, as now or hereafter amended, and the regulations and revenue rulings and procedures issued pursuant thereto from time to time. Fiscal Year: Each twelve-month fiscal period of the City commencing on January 1 of any year and ending on December 31 of said year. Independent Counsel: An attorney duly admitted to the practice of law before the highest court of the State of Minnesota who is not a full-time employee of the Authority, the City or an assignee thereof Land: The real estate described on Exhibit A hereto, upon which the Project is located. Lease: This Lease-Purchase Agreement, and any duly authorized and executed amendment hereto. Lease-Purchase Payment: Any payment due from the City to the Authority under Section 6.1 of this Lease. Net Proceeds: Any insurance proceeds or condemnation award paid with respect to the Project, remaining after payment therefrom of all expenses incurred in the collection thereof Payment Date: The date upon which any Lease-Purchase Payment is due and payable as provided in the attached Exhibit C. Permitted Encumbrances: As of any particular time: (i) liens for taxes and assessments not then delinquent, or which the City may, pursuant to provisions of Article VII hereof;permit to remain unpaid, (ii) this Lease, (iii) any mechanic's, laborer's, materialmen's, supplier's or vendor's lien or right not filed or perfected in the manner prescribed by law, (iv) such minor defects, irregularities, encumbrances, easements, rights-of way and clouds on title as normally exist with respect to properties similar in character to the Land and do not, in the opinion of Independent Counsel, materially impair the property affected thereby for the purpose for which it was intended; (v) easements, restrictions or encumbrances, if any, shown on Exhibit A hereto; and(vi) a sublease to the Eden Prairie School District. Project: The facilities described in greater detail in Exhibit B hereto. Purchase Price: As of any date the Bonds are to be redeemed in whole, the aggregate unpaid principal amount of the Bonds, plus interest accrued to said date. Resolution: The bond resolution adopted by the Board of the Authority on January 20, 2009. State: The State of Minnesota. State and Federal Law or Laws: The Constitution and laws of the State, and any ordinance, rule or regulation of any agency or political subdivision of the State; and any law of the United States, and any rule or regulation of any federal agency. Term of the Lease or Lease Term: The period during which this Lease remains in effect as specified in Sections 5.2 and 5.3. Section 1.2. Exhibits. The following Exhibits are attached to and by reference made a part of this Lease: Exhibit A: A legal description of the Land on which the Community Center Project and the City Hall Project are located. Exhibit B. A description of the Project. Exhibit C: The schedule of Lease-Purchase Payments to be paid by City to Authority, showing the date and amount of each Lease-Purchase Payment. ARTICLE II REPRESENTATIONS AND COVENANTS OF CITY AND AUTHORITY Section 2.1. Representations and Covenants of City. The City represents and covenants as follows: (a) The Constitution and the laws of the State authorize the City to acquire, construct, operate and maintain the Project, to enter into this Lease and the transactions contemplated hereby, and to carry out its obligations under this Lease. (b) The officers of the City executing this Lease are duly authorized to execute and deliver this Lease under the Constitution and laws of the State. (c) The City has complied and will comply with all open meeting laws, all public bidding laws and all other State and Federal Laws applicable to this Lease. (d) The City will use the Project during the Lease Term only to perform essential governmental functions of the City, and will not enter into any lease,use agreement, management agreement or other lease with any entity other than an agency or political subdivision of the State of Minnesota which would cause the Bonds to be considered"private activity bonds" or"private loan bonds"pursuant to Section 141 of the Code. (e) During the Term of the Lease, the City will not take or permit any of its officers to take any action with respect to the Lease or the Project which would cause interest on the Bonds to become includable in gross income of the recipient for federal income tax purposes under the Code, and will take all actions necessary to ensure that interest on the Bonds remains excludable from gross income of the recipient under the Code, insofar as it has the power and authority to take such actions. (f) The execution and delivery of this Lease and the other agreements contemplated hereby to which the City is a party and the consummation of the transactions contemplated hereby and thereby and the fulfillment of the terms hereof and thereof will not conflict with, or constitute on the part of the City a breach of, or a default under, any existing (i) law, or(ii)provisions of any legislative act, constitution or other proceeding establishing or relating to the establishment of the City or its affairs or its resolutions, or(iii) agreement, indenture, mortgage, lease or other instrument to which the City is subject or is a party or by which it is bound. (g) No officer of the City who is authorized to take part in any manner in making this Lease or any contract contemplated hereby has a personal financial interest in or has personally and financially benefited from this Lease or any such contract. (h) There is not pending or threatened any suit, action or proceeding against or affecting the City before or by any court, arbitrator, administrative agency or other governmental authority which materially and adversely affects the validity, as to the City, of this Lease, any of the obligations of the City hereunder or any of the transactions contemplated hereby. Section 2.2. Representations and Covenants of Authority. The Authority represents and covenants as follows: (a) The Constitution and the laws of the State authorize the Authority to acquire and construct the Project, to enter into this Lease and the transactions contemplated hereby, and to carry out its obligations under this Lease. (b) The officers of the Authority executing this Lease are duly authorized to execute and deliver this Lease under the Constitution and laws of the State. (c) The Authority has complied and will comply with all open meeting laws, all public bidding laws and all other State and Federal Laws applicable to this Lease and the construction and furnishing of the Project. (d) The Authority will not enter into any lease, use agreement, management agreement or other contract which would cause the Bonds to be considered"private activity bonds" or"private loan bonds"pursuant to Section 141 of the Code. (e) During the Term of the Lease, the Authority will not take or permit any of its officers to take any action with respect to the Lease or the Project which would cause interest on the Bonds to become includable in gross income of the recipient for federal income tax purposes under the Code, and will take all actions necessary to ensure that interest on the Bonds remains not includable in gross income of the recipient under the Code, insofar as it has the power and authority to take such actions. (f) The execution and delivery of this Lease and the other agreements contemplated hereby to which the Authority is a party and the consummation of the transactions contemplated hereby and thereby and the fulfillment of the terms hereof and thereof will not conflict with, or constitute on the part of the Authority a breach of, or a default under, any existing (i) law, or(ii)provisions of any legislative act, constitution or other proceeding establishing or relating to the establishment of the Authority or its affairs or its resolutions, or(iii) agreement, indenture, mortgage, lease or other instrument to which the Authority is subject or is a party or by which it is bound. (g) No officer of the Authority who is authorized to take part in any manner in making this Lease or any contract contemplated hereby has a personal financial interest in or has personally and financially benefited from this Lease or any such contract. (h) There is not pending or threatened any suit, action or proceeding against or affecting the Authority before or by any court, arbitrator, administrative agency or other governmental authority which materially and adversely affects the validity, as to the Authority, of this Lease, any of the obligations of the Authority hereunder or any of the transactions contemplated hereby. ARTICLE III TITLE Section 3.1. Title. During the Term of the Lease, legal title to the Project and any and all repairs, replacements, substitutions and modifications to it shall be in the Authority, subject to the City's interests under this Lease. Section 3.2 Evidence of Title. The City shall, upon request of the Authority, provide to the Authority a written title opinion or title insurance evidencing that the Authority has good and marketable fee title to the Land subject only to Permitted Encumbrances. ARTICLE IV AGREEMENT TO SELL Section 4.1. Sale. The Authority hereby agrees to sell the Project to the City, and the City hereby agrees to purchase the Project from the Authority,upon the terms and conditions set forth in this Lease. The principal amount of the sale price is $3,290,000, payable with interest in Lease-Purchase Payments as set forth in Section 6.1 hereof. Section 4.2. Possession and Enjoyment. The Authority hereby covenants with respect to the Project to provide the City during the Term of the Lease with quiet use and enjoyment of the Project and the City shall during such Lease Term peaceably and quietly have and hold and enjoy the Project,without suit, trouble or hindrance from the Authority, except as expressly set forth in this Lease. The Authority will, at the request of the City and at the City's cost,join in any legal action in which the City asserts its right to such possession and enjoyment to the extent the Authority may lawfully do so. The Authority shall have the right to enter in and upon the Project as provided in Section 4.3. Section 4.3. Authority Access to Project. City agrees that the Authority and any Authority Representative shall have the right at all reasonable times to enter upon and to examine and inspect the Project. City further agrees that Authority and any Authority Representative shall have such rights of access to the Project as may be reasonably necessary to cause the proper maintenance of the Project in the event of failure by City to perform its obligations hereunder, or to carry out Authority's obligations and exercise Authority's rights under Article XII, or to determine whether City is in compliance with this Lease. ARTICLE V TERM OF LEASE Section 5.1. Lease. The Authority hereby agrees to lease the Project to the City and the City hereby agrees to lease the Project from the Authority,upon the terms and conditions set forth in this Lease. Section 5.2. Term of Lease. This Lease shall be and remain in effect with respect to the Project for a Lease Term commencing on the date hereof and continuing until February 1, 2012, or until terminated as provided in Section 5.3. Section 5.3. Termination of Lease Term. The Term of the Lease will terminate prior to February 1, 2012 upon the occurrence of the first of the following events: (a) termination of the Lease pursuant to Section 6.4 hereof; (b) defeasance of the Lease pursuant to Section 10.1 hereof; (c) a default by City and the Authority's election to terminate this Lease pursuant to Article XII; or (d) the payment by City of the Purchase Price, together with any fees and expenses due Authority hereunder or under the Resolution. Section 5.4. Conveyance. Upon the termination of the Lease as set forth in(b) or (d) above, Authority shall convey to the City all of its right, title and interest in the Project by quit claim deed and bill of sale. City shall pay all expenses of preparation of the documents of conveyance and all taxes and charges payable in connection with the conveyance. City shall take title subject to: (a) those liens and encumbrances, if any, to which the property was subject when conveyed to Authority; (b) those liens and encumbrances, if any, created, permitted or acquiesced in by City, or to the creation of which Authority did not consent; (c) those liens and encumbrances, if any,resulting from the failure of City to perform or observe any of its agreements in this Lease; (d) Permitted Encumbrances, other than this Lease; and (e) the lien of unpaid installments of special assessments levied against the Project and not yet due and payable. ARTICLE VI LEASE-PURCHASE PAYMENTS; FEES AND EXPENSES Section 6.1. Lease-Purchase Payments. City shall pay Lease-Purchase Payments with respect to the Project, at the times and in the amounts as set forth in Exhibit C. The Lease- Purchase Payments shall be payable to the Authority in lawful money of the United States of America. Amounts already on deposit in the Bond Fund as of each Payment Date may be credited against the Lease-Purchase Payment otherwise due on such date. Section 6.2. Lease-Purchase Payments to be Unconditional. Except as provided in Section 6.4, the obligation of City to make Lease-Purchase Payments due with respect to the Project or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between City and Authority or any other person, City shall make all Lease-Purchase Payments and other payments required hereunder when due and shall not withhold any Lease-Purchase Payment or other payment pending final resolution of such dispute nor shall City assert any right of set-off or counterclaim against its obligation to make such Lease-Purchase Payments or other payments required under this Lease. City's obligation to make Lease-Purchase Payments or other payments during the Lease Term shall not be abated through accident or unforeseen circumstances. Section 6.3. Current Expense. The obligations of the City under this Lease, including its obligation to pay the Lease-Purchase Payments due with respect to the Project in any Fiscal Year for which this Lease is in effect, shall constitute a current expense of the City for such Fiscal Year and shall not constitute an indebtedness of the City within the meaning of the Constitution and laws of the State. Nothing herein shall constitute a pledge by the City of any taxes or other moneys, other than moneys lawfully appropriated from time to time by or for the benefit of Authority's annual budget and the proceeds or Net Proceeds of the Project and Land, to the payment of any Lease-Purchase Payment or other amount coming due hereunder. Section 6.4. Termination of Lease. The City shall have the right to cancel and terminate this Lease, in whole but not in part, at the end of any Fiscal Year of the City, in the manner and subject to the terms specified in this Section and Section 6.6, if the City's governing body does not appropriate moneys sufficient to pay the Lease-Purchase Payments coming due in the next Fiscal Year. Lack of a sufficient appropriation shall be evidenced by a specific provision in the budget of the City,which prohibits the expenditure of the City funds for this purpose. The City may effect such termination by giving the Authority a written notice of termination and by paying to the Authority any Lease-Purchase Payments which are due and have not been paid at or before the end of its then current Fiscal Year. The City shall endeavor to give notice of termination not less than sixty (60) days prior to the end of such Fiscal Year, and shall notify the Authority of any anticipated termination. In the event of termination of this Lease as provided in this Section, the City shall deliver possession of the Project to the Authority in accordance with Section 12.3, and release its interest in the Project granted under this Lease within ten (10) days after the termination of this Lease. Section 6.5. Intent to Continue Lease-Purchase Payments; Appropriations. The City presently intends to continue this Lease for its entire Term and to pay all Lease-Purchase Payments required hereunder. The City's finance director will include in the budget request for each Fiscal Year the Lease-Purchase Payments to become due in such Fiscal Year, and will use all reasonable and lawful means at his/her disposal to secure the appropriation of money for such Fiscal Year sufficient to pay the Lease-Purchase Payments coming due therein. The City reasonably believes that moneys in an amount sufficient to make all such Lease-Purchase Payments can and will lawfully be appropriated and made available for this purpose. To provide the funds necessary to make the Lease-Purchase Payments, City agrees, subject to the provisions of Section 6.4, that it will include in each annual budget an appropriation sufficient therefor and will levy general ad valorem taxes in the amount required, together with any other available and appropriated funds, to make the Lease-Purchase Payments. Section 6.6. Effect of Termination. Upon termination of this Lease as provided in Section 6.4, the City shall not be responsible for the payment of any additional Lease- Purchase Payments coming due with respect to succeeding Fiscal Years, but if the City has not delivered possession of the Project to the Authority in accordance with Section 12.3 and conveyed to Lessor or released its interest in the Project granted under this Lease within ten(10) days after the termination of the Lease, the termination shall nevertheless be effective,but the City shall be responsible for the payment of damages in an amount equal to the amount of the Lease-Purchase Payments thereafter coming due under Exhibit C which are attributable to the number of days after such ten (10) day period during which the City fails to take such actions. Section 6.7. Additional Payments. City shall during the Lease Term, within thirty(30)business days after written notice that such payment is due, also pay the following amounts to the following persons: (a) to Authority, all reasonable expenses incurred by Authority in connection with the transactions contemplated hereby which are not otherwise required to be paid by City under the terms of this Lease; (b) all costs and expenses specifically required to be paid by City under the terms of this Lease or the Resolution; and (d) to Authority, the amount of all advances of funds made by it under the provisions hereof All amounts payable pursuant to this Section 6.7 shall be paid by the City within 60 days following mailing of notice of such amount due by the Authority to the City. In the event City should fail to make any of the payments required by this Section, the item in default shall continue as an obligation of City until the amount in default shall have been fully paid, and City will pay the same with interest thereon at the rate of 12%per annum, or, if less, at the maximum rate permitted by law. ARTICLE VII MAINTENANCE; TAXES; INSURANCE; AND OTHER MATTERS Section 7.1. Maintenance and Modification of Project by City. The City shall, at its own expense, maintain,preserve and keep the Project in good repair, working order and condition, and shall from time to time make all repairs, replacements and improvements necessary to keep the Project in such condition. Authority shall have no responsibility for any of these repairs, replacements or improvements. In addition, City shall, at its own expense, have the right to remodel the Project or to make additions, modifications and improvements thereto. All such additions, modifications and improvements shall thereafter comprise part of the Project, shall be the property of Authority and be subject to the provisions of this Lease. Such additions, modifications and improvements shall not in any way damage the Project nor cause them to be used for purposes other than those authorized under the provisions of State and Federal Law; and the Project, upon completion of any additions, modifications and improvements made pursuant to this Section, shall be of a value not less than the value of the Project immediately prior to the making of such additions, modifications and improvements. City will not permit any mechanic's or other lien to be established or remain against the Project for labor or materials furnished in connection with any remodeling, additions, modifications, improvements, repairs, renewals or replacements made by City pursuant to this Section; provided that if any such lien is established and City shall first notify Authority of City's intention to do so, City may in good faith contest any lien filed or established against the Project, and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom unless Authority shall notify City that, in the opinion of Independent Counsel, by nonpayment of any such item the interest of Authority in the Project will be materially endangered or the Project or any part thereof will be subject to loss or forfeiture, in which event City shall promptly pay and cause to be satisfied and discharged all such unpaid items or provide Authority with full security against any such loss or forfeiture, in form satisfactory to Authority. Authority will cooperate fully with City in any such contest,upon the request and at the expense of City. Section 7.2. Taxes, Other Governmental Charges and Utility Charges. City shall also pay when due all gas, water, steam, electricity, heat,power, telephone, and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project. City shall also pay all property and excise taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Project, which become due during the Term of the Lease, and all special assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on the Project; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, City shall be obligated to pay only such installments as are required to be paid during the Term of the Lease as and when the same become due. City shall not be required to pay any federal, state or local income, inheritance, estate, succession, transfer, gift, franchise, gross receipts, profit, excess profit, capital stock, corporate, or other similar tax payable by Authority, its successors or assigns,unless such tax is made in lieu of or as a substitute for any real estate or other tax upon the Project. City may, at City's expense and in City's name, in good faith contest any such taxes, assessments,utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless Authority shall notify City that, in the opinion of Independent Counsel,by nonpayment of any such items the interest of Authority in the Project will be materially endangered or the Project or any part thereof will be subject to loss or forfeiture, in which event City shall promptly pay such taxes, assessments or charges or provide Authority with full security against any loss which may result from nonpayment, in form satisfactory to Authority. Section 7.3. Liability Insurance. The City shall procure and maintain continuously in effect with respect to the Project, insurance against liability for injuries to or death of any person or damage to or loss of property arising out of or in any way relating to the maintenance,use or operation of the Project or any part thereof The Net Proceeds of all such insurance shall be applied toward extinguishment or satisfaction of the liability with respect to which the insurance proceeds may be paid. As an alternative to the purchase of liability insurance, City may self-insure against such liabilities in accordance with applicable law. Section 7.4. Indemnity. City assumes all risks and liabilities, whether or not covered by insurance, for loss or damage to the Project and for injury to or death of any person or damage to any property, whether such injury or death be with respect to agents or employees of City or of third parties, and whether such property damage be to City's property or the property of others, which is proximately caused by the negligent conduct of City, its officers, employees and agents. City hereby assumes responsibility for and agrees to reimburse Authority, its officers, agents or employees, for all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses (including reasonable attorney's fees) of whatsoever kind and nature, imposed on, incurred by or asserted against Authority, its officers, agents or employees, that in any way relate to or arise out of the acquisition, construction or operation of the Project, the execution and performance of this Lease or the authorization, execution and delivery of the Bonds, to the maximum extent permitted by law, and by assuming the foregoing liability, the City does not waive any protections under Minnesota Statutes, Chapter 466. Section 7.5. Property Insurance. The City shall procure and maintain continuously in effect during the Term of the Lease with respect to the Project,hazard insurance against all risks of physical loss (including, without limitation, fire, extended coverage perils and vandalism and malicious mischief) in an amount equal to the full replacement value of the Project. The Net Proceeds of Insurance required by this Section shall be applied as provided in Article VIII. Section 7.6. Worker's Compensation Insurance. If required by State law, City shall carry worker's compensation insurance covering all its employees on, in, near or about the Project. Section 7.7. Other Insurance and Requirements for All Insurance. All insurance required by Article VII or this Article may be carried under a separate policy or a rider or endorsement; shall be taken out and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State; shall contain a provision that the insurer shall not cancel or revise coverage thereunder without giving written notice to both parties at least 10 days before the cancellation or revision becomes effective; and shall name City and Authority as insured parties as their interests may appear. City shall deposit with Authority policies evidencing any such insurance procured by it, or a certificate or certificates of the respective insurers stating that such insurance is in full force and effect. Before the expiration of any such policy, City shall furnish to Authority evidence that the policy has been renewed or replaced by another policy conforming to the provisions of this Article,unless such insurance is no longer obtainable in which event City shall notify Authority of this fact. If any insurance required by Sections 7.3 or 7.6 hereof is unavailable or the cost of obtaining such insurance is, in the judgment of the governing body of the City, excessive, the City may self insure for such risks; provided that City gives prompt written notice of its intent to do so to Authority. The City shall continue to seek such insurance coverage and if such insurance becomes available at a reasonable cost, the City shall promptly obtain such insurance. Section 7.8. Advances. If City shall fail to perform any of its obligations under this Lease, Authority, but shall not be obligated to, take such action as may be necessary to cure such failure, including the advancement of money, and City shall be obligated to repay all such advances on demand, with interest at the maximum rate permitted by law or 12%, whichever is less, from the date of the advance to the date of repayment. Section 7.9. Liens. City shall not, directly or indirectly, create, incur, assume or suffer to exist any mortgage,pledge, lien, charge, encumbrance or claim on or with respect to the Project, other than the respective rights of Authority and City as herein provided and Permitted Encumbrances. Except as expressly provided in this Article, City shall promptly, at its own expense, take such action as may be necessary duly to discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim if the same shall arise at any time. City shall reimburse Authority for any expense incurred by it in order to discharge or remove any such mortgage,pledge, lien, charge, encumbrance or claim. Section 7.10. Arbitrage Rebate. The Authority and the City will comply with all provisions of the Tax Certificate, dated as of the date of delivery of the Bonds, and executed by the Authority and the City. The City shall pay, or reimburse to the Authority, all costs and expenses incurred by the Authority in complying with all provisions of the Tax Certificate, including the amount of rebatable arbitrage (or penalty in lieu thereof)required at any time to be paid by the Authority to the United States. ARTICLE VIII DAMAGE, DESTRUCTION AND CONDEMNATION; USE OF NET PROCEEDS Section 8.1. Damage, Destruction and Condemnation. If(i) the Project or any portion thereof is destroyed or is damaged by fire or other casualty or(ii) title to or the temporary use of the Project or any part thereof, or the interest of City or Authority in the Project or Land or any part thereof, shall be taken under the exercise of the power of eminent domain by any governmental body or by any person, firm or corporation acting under governmental authority, City shall have the rights specified in this Section with respect to the Net Proceeds of any insurance or condemnation award. City shall either apply such Net Proceeds to the prompt repair, restoration, modification or improvement of the Project and shall be obligated to continue to pay the Lease-Purchase Payments or City shall defease this Lease pursuant to Section 10.1 hereof, in which event the Net Proceeds may be used for such purpose. Section 8.2. Insufficiency of Net Proceeds. If the City elects to repair and restore the Project and the Net Proceeds are insufficient to pay in full the cost of any repair and restoration, City shall complete the work and pay any cost in excess of the amount of the Net Proceeds, and City agrees that if by reason of any such insufficiency of the Net Proceeds City shall make any payments pursuant to the provisions of this Section 8.2, City shall not be entitled to any reimbursement therefor from Authority nor shall City be entitled to any diminution of the Lease-Purchase Payments due with respect to the Project. Section 8.3. Cooperation of Authority. Authority shall cooperate fully with the City at the expense of City in filing any proof of loss with respect to any insurance policy covering the casualties described in Section 8.1 hereof and in the prosecution or defense of any prospective or pending condemnation proceeding with respect to the Project or any part there of and will, to the extent it may lawfully do so,permit City to litigate in any proceeding resulting therefrom in the name of and on behalf of Authority. In no event will Authority voluntarily settle, or consent to the settlement of, any proceeding arising out of any insurance claim or any prospective or pending condemnation proceeding with respect to the Project or any part thereof without the written consent of City. Section 8.4. Destruction or Condemnation of Other Property Owned by City. City shall be entitled to the Net Proceeds of any insurance claim or condemnation award or portion thereof made for destruction of, damage to or taking of its property not included in the Project. ARTICLE IX CITY'S EQUIPMENT; WARRANTIES; DISCLAIMER Section 9.1. Installation of City's Equipment. City may at any time and from time to time, in its sole discretion and at its own expense, install items of movable machinery and equipment in or upon the Project, which items shall be identified by tags or other symbols affixed thereto as property of City not included in the Project. All such items so identified shall remain the sole property of City, in which Authority shall have no interest, and may be modified or removed by City at any time provided that City shall repair and restore any and all damage to the Project resulting from the installation, modification or removal of any such items. Nothing in this Lease shall prevent City from purchasing items to be installed pursuant to this Section under a conditional sale or lease with option to purchase Lease, or subject to a vendor's lien or security agreement, as security for the unpaid portion of the purchase price thereof,provided that no such lien or security interest shall attach to any part of the Project. Section 9.2. Disclaimer of Warranties. AUTHORITY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY CITY OF THE PROJECT, OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE PROJECT. ARTICLE X DEFEASANCE Section 10.1. Defeasance. City may at any time discharge its liability hereunder in its entirety with reference to all Lease-Purchase Payments not yet due hereunder, subject to the provisions of law now or hereafter authorizing and regulating such action,by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited,bearing interest payable at such times and at such rates and maturing on such dates as shall be required without reinvestment to provide funds sufficient to pay all Lease-Purchase Payments to become due on their respective Payment Dates. When the liability of City hereunder has been so discharged as provided in this Section 10.1, and all other fees and expenses payable by City hereunder have been paid or arrangements made for payment, all pledges, covenants and other rights granted by this Lease to the Authority shall cease. ARTICLE XI ASSIGNMENT AND LEASING Section 11.1. Assignment by Authority. Authority shall not assign its obligations under this Lease, and no purported assignment thereof shall be effective. Section 11.2. Assignment and Subleasing by City. City may not assign its rights or obligations under this Lease to any person during the Term of the Lease. City may not lease all or any part of the Project, or contract for the operation of the Project by an entity other than the City or an agency or political subdivision of the State of Minnesota during the Term of the Lease except in a manner that will not cause interest on the Bonds to become includable in the gross income of the owners thereof for federal income tax purposes. ARTICLE XII EVENTS OF DEFAULT AND REMEDIES Section 12.1. Events of Default Defined. The following shall be "events of default"under this Lease and the terms "events of default" and"default" shall mean,whenever they are used in this Lease, with respect to the Project, any one or more of the following events: (i) Failure by City to pay any Lease-Purchase Payment or other payment required to be paid hereunder at the time specified herein and the continuation of said failure for a period of five business days after telephonic or telegraphic notice given by Authority that the payment referred to in such notice has not been received, such telephonic or telegraphic notice to be subsequently confirmed in writing, or after written notice. (ii) Failure by City to observe and perform any covenant, condition or agreement on its part to be observed or performed, other than as referred to in clause (i) of this Section, for a period of thirty(30) days after written notice specifying such failure and requesting that it be remedied has been given to City by Authority, unless Authority shall agree in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice cannot be corrected within the applicable period, Authority will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by City within the applicable period and diligently pursued until the default is corrected. (iii) The filing by City of a voluntary petition in bankruptcy, or failure by City promptly to lift any execution, garnishment or attachment of such consequence as would impair the ability of City to carry on its operations at the Project, or adjudication of City as a bankrupt, or assignment by City for the benefit of creditors, or the entry by City into an agreement of composition with creditors, or the approval by a court of competent jurisdiction of a petition applicable to City in any proceedings instituted under the provisions of the Federal Bankruptcy Statute, as amended, or under any similar acts which may hereafter be enacted. The provisions of this Section 12.1 and Section 12.2 are subject to the following limitation: if by reason of force majeure City is unable in whole or in part to carry out its obligations under this Lease with respect to the Project, other than the obligation of City to pay Lease-Purchase Payments with respect thereto which shall be paid when due notwithstanding the provisions of this paragraph, City shall not be deemed in default during the continuance of such inability or during any other delays which are a direct consequence of the force majeure inability. The term "force majeure" as used herein shall mean, without limitation, the following: acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders or restraints of any kind of the government of the United States of America or any of its departments, agencies or officials, or any civil or military authority; insurrections; riots; landslides; earthquakes; fires; storms; droughts; floods; explosions; or any other cause or event not reasonably within the control of City and not resulting from its negligence. City agrees, however, to remedy with all reasonable dispatch the cause or causes preventing it from carrying out its obligations under this Lease; provided that the settlement of strikes, lockouts and other employment disputes shall be entirely within the discretion of City. Section 12.2. Remedies on Default. Whenever any event of default referred to in Section 12.1 hereof shall have happened and be continuing with respect to the Project, Authority shall have the right, at its option, to take one or any combination of the following remedial steps: (i) Cancel and terminate this Lease by written notice in accordance with law, re-enter and take possession of the Project, and the Project and all improvements thereto, and all prior Lease-Purchase Payments made hereunder by City, shall belong to Authority as liquidated damages; or (ii) By written notice to City in accordance with law, declare the Bonds, with interest accrued thereon, immediately due and payable; or (iii) Take whatever action at law or in equity may appear necessary or desirable to collect the Lease-Purchase Payments then due and thereafter to become due during the then current Fiscal Year of the City with respect to the Project, or enforce performance and observance of any obligation, agreement or covenant of City under this Lease. Section 12.3. Surrender of Project. Upon the termination of this Lease under the circumstances described in paragraphs (a) or(c) of Section 5.3 hereof, the City shall surrender possession of the Project to the Authority in the condition, repair, appearance and working order required in Section 7.1. Section 12.4. Delay;Notice. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle any party to exercise any remedy reserved to it in this Lease it shall not be necessary to give any notice, other than such notice as may be required in this Lease or by law. Section 12.5. No Remedy Exclusive. No remedy herein conferred upon or reserved to Authority is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof,but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 12.6. Agreement to Pay Attorneys' Fees and Expenses. In the event either party to this Lease should default under any of the provisions hereof and the nondefaulting party should employ attorneys or incur other expenses for the collection of moneys or the enforcement or performance or observance of any obligation or agreement on the part of the defaulting party herein contained, the defaulting party agrees that it will on demand therefor pay to the nondefaulting party the reasonable fee of such attorneys and such other expenses so incurred by the nondefaulting party. Section 12.7. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Lease should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. ARTICLE XIII RIGHTS, TITLE AND INTEREST Section 13.1. Rights in Authority are Held Solely for Benefit of Bondholders. All rights, title and interest created in Authority pursuant to this Lease (other than for indemnification and reimbursement of expenses) are held by Authority solely for the benefit of the registered owners of the Bonds issued pursuant to the Resolution and are not created in the Authority in its individual capacity or for its own account or benefit for any reason whatsoever. ARTICLE XIV ADMINISTRATIVE PROVISIONS Section 14.1. Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given on the earlier of(i) delivery or (ii)three days following deposit in the United States mail in certified form with postage fully prepaid to the addresses shown in the first paragraph hereof. The Authority and the City,by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent. Section 14.2. Binding Effect. This Lease shall inure to the benefit of and shall be binding upon Authority and City and their respective successors and assigns. Section 14.3 Severability. In the event any provision of this Lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 14.4. Amendments, Changes and Modifications. This Lease may be amended or any of its terms modified only by written amendment authorized and executed by City and Authority. Section 14.5. Further Assurances and Corrective Instruments. Authority and City agree that they will, if necessary, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Project hereby sold or intended so to be or for carrying out the expressed intention of this Lease. Section 14.6. Execution Counterparts. This Lease may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 14.7. Applicable Law. This Lease shall be governed by and construed in accordance with the laws of the State. Section 14.8. Captions. The captions or headings in this Lease are for convenience only and in no way define, limit or describe the scope or intent of any provisions or Sections of this Lease. IN WITNESS WHEREOF, Authority has caused this Lease to be executed in its corporate name by its duly authorized officers and City has caused this Lease to be executed in its name by its duly authorized officers as of the date first above written. HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE By Chair Attest: Secretary CITY OF EDEN PRAIRIE, MINNESOTA, MINNESOTA By Mayor And City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on , 2009, by and , the Chair and Secretary, respectively, of the HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, a Minnesota political subdivision, on behalf of the political subdivision. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on , 2009,by and , the Mayor and the City Manager, respectively, of City of Eden Prairie, Minnesota, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public EXHIBIT A Legal Description of the Land—Community Center Project Real estate situated in the County of Hennepin, State of Minnesota, as follows: That part of the north half of Section 8, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Commencing at the southwest corner of the Southeast Quarter of the Northwest Quarter of Section 8; thence North 2 degrees 45 minutes 21 seconds West along the west line of said Southeast Quarter of the Northwest Quarter of Section 8 a distance of 654.29 feet; thence South 55 degrees 37 minutes 52 seconds East 184.26 feet to a tangential curve concave to the north having a radius of 560.00 feet a central angle of 54 degrees 00 minutes 00 seconds and an arc length of 527.79 feet; thence easterly along a reverse curve concave to the south having a radius of 1010.00 feet a central angle of 38 degrees 00 minutes 00 seconds and an arc length of 669.80 feet to the west line of the Northeast Quarter of said Section 8; thence North 2 degrees 27 minutes 52 seconds West along said West line of the Northeast Quarter Section 8 a distance of 177.36 feet; thence North 35 degrees 52 minutes 13 seconds East a distance of 105.94 feet to the beginning of the land to be described; thence North 54 degrees 07 minutes 47 seconds West a distance of 129.00 feet ; thence North 35 degrees 52 minutes 13 seconds East a distance of 258.00 feet; thence South 54 degrees 07 minutes 47 seconds East a distance of 129.00 feet; thence South 35 degrees 52 minutes 13 seconds West a distance of 258.00 feet to the point of beginning. Legal Description of the Land- City Hall Project Real estate situated in the County of Hennepin, State of Minnesota, as follows but excluding that portion of the property as described in the Office Lease Between Technology Park Associates of Eden Prairie, LTD. and C.H. Robinson Company of October 16, 1989: That part of the East Half of the Northeast Quarter of Section 16, Township 116, Range 22 West of the 5th Principal Meridian, lying Southerly of a line drawn from a point on the East line of the Northeast Quarter of said section, which is distant 1106.50 feet North along said East line from the Southeast corner of said Northeast Quarter to a point on the West line of the East Half of said Northeast Quarter, which is distant 953.50 feet North along said West line from the Southwest corner of said East Half; except the South 298.20 feet of the West 323.90 feet of the East Half of the Northeast Quarter of Section 16, Township 116, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota; subject to the rights of way of Scenic Heights Road, Mitchell Road and Technology Drive. EXHIBIT B Description of Community Center Project The Project consists of an Olympic-size ice rink(100 feet wide and 200 feet long) constructed as an addition to the City's existing Community Center. The Project will be operated in conjunction with a smaller ice rink which is currently in use at the Community Center only during the winter months. The new ice rink is expected to be operated year round. Description of City Hall Project The Land and all Buildings and Improvements thereon, except for the Series C Project described in Exhibit B to the Series C Lease Agreement between the Authority and the City, dated as of December 1, 1992. EXHIBIT C LEASE-PURCHASE PAYMENT SCHEDULE Payment Payment Total Date Number Payment July 15, 2009 1 $ January 15, 2010 2 July 15, 2010 3 January 15, 2011 4 July 15, 2011 5 January 15, 2012 6 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims January 20, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 182589— 183008 Wire Transfers 3271 —3295 3277 thru 3288 US Bank Purchasing Cards City of Eden Prairie Council Check Summary 1/20/2009 Division Amount Division Amount General 82,791 524 Sprint/Nextel 796 100 City Manager 3,367 601 Prairie Village Liquor 127,060 101 Legislative 23,151 602 Den Road Liquor 177,788 102 Legal Counsel -2,218 603 Prairie View Liquor 87,774 104 Contingency 74 605 Den Road Building 6,571 110 City Clerk 730 701 Water Fund 88,740 111 Customer Service 9,607 702 Sewer Fund 9,446 112 Human Resources 410 703 Storm Drainage Fund 92,215 113 Communications 6,508 802 494 Commuter Services 24,668 114 Benefits&Training 4,833 803 Escrow Fund 8,075 116 Facilities 24,866 807 Benefits Fund 353,048 117 City Center 28,933 812 Fleet Internal Service 29,208 119 Cmty Center-Facilities 25,933 813 IT Internal Service 46,900 131 Finance 60 132 Housing and Community Services 15 Report Totals 5,029,072 133 Planning 209 136 Public Safety Communications 2,317 137 Economic Development 1,868 138 Community Development Admin. 20 150 Park Administration 1,980 151 Park Maintenance 25,570 153 Organized Athletics 2,724 154 Community Center 8,392 156 Youth Programs 3,132 157 Special Events 26 158 Adult Recreation 2,045 159 Recreation Administration 9 160 Therapeutic Recreation 1,317 162 Arts 2,926 168 Arts Center 881 180 Police 32,517 183 Emergency Preparedness 86 184 Fire 21,909 186 Inspections 1,190 200 Engineering 2,154 201 Street Maintenance 10,531 300 Heritage Preservation Grants 750 301 CDBG 9,244 308 E-911 72 315 Economic Development 6,057 417 $3,390,000 Facility Bond 2000 750 424 G.O.Improvement Bonds 2003D 770,981 429 G.O.Improvement Bonds 2005C 101,573 430 G.O.Improvement Bonds 2006A 640,906 431 G.O.Improvement Bonds 2006B 247,379 433 2007A Facility Lease-3rd Rink 54,665 434 2008A Capital Equipment Notes 315 435 2008B G.O.Improvement Bonds 403 502 Park Development 19,184 503 Utility Improvement 71,195 506 Improvment Bonds 1996 509 CIP Fund 37,837 519 Community Center Expansion 137,055 520 Parks Referendum 840 522 Improvement Projects 2006 1,503,463 523 3rd Sheet of Ice 43,247 City of Eden Prairie Council Check Register 1/20/2009 Check# Amount Vendor/Explanation Account Description Business Unit 3271 1,162 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 3272 13,480 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 3273 19,485 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 3274 117,484 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 3275 38,405 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 3276 195,226 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 3288 49,232 US BANK Operating Supplies Fire 3289 1,611 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 3290 1,162 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 3291 770,981 US BANK TRUST NATIONAL ASSN Interest G.O.Improvement Bonds 2003D 3293 114 ADMINISTRATION RESOURCES CORP Other Contracted Services Health and Benefits 3294 54,665 WELLS FARGO BANK MINNESOTA NA Bank Reserve 2007A Facility Lease-3rd Rink 3295 989,858 WELLS FARGO BANK MINNESOTA NA Interest G.O.Improvement Bonds 2006B 182590 48 A TO Z RENTAL CENTER Repair&Maint.Supplies Fire 182591 28,125 A-SCAPE INC Contract Svcs-Snow Removal City Hall-CAM 182592 354 ABLE HOSE&RUBBER INC Repair&Maint.Supplies Park Maintenance 182593 300 ABM EQUIPMENT AND SUPPLY COMPA Equipment Repair&Maint Fleet Operating 182594 21,890 ABOVE ALL HARDWOOD FLOORS LLC Building Capital Impr./Maint.Fund 182595 34,080 AEROFLEX WICHITA INC Other Assets Capital Impr/Maint Fixed 182596 1,500 ALLDATA Software Fleet Operating 182597 174 AMERIPRIDE LINEN&APPAREL SER Building Repair&Maint. Den Road Liquor Store 182598 64 AMSAN LLC Supplies-General Bldg Community Center Maintenance 182599 197 ANCHOR PRINTING COMPANY Printing Fire 182600 1,037 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 182601 70 B&V VENDING INC Merchandise for Resale Concessions 182602 16,000 BAKER ASSOCIATES INC Work In Progress Prairie Village Liquor Store 182603 337 BATTERIES PLUS Repair&Maint. Supplies Fire 182604 481 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 182605 450 BCA BTS Tuition Reimbursement/School Police 182606 6,362 BELLBOY CORPORATION Transportation Prairie View Liquor Store 182607 178 BLOOMINGTON SECURITY SOLUTIONS Repair&Maint.Supplies Fire 182608 1,143 BLOOMINGTON,CITY OF Other Contracted Services Animal Control 182609 460 BOUND TREE MEDICAL LLC Safety Supplies Fire 182610 264 BOUNDLESS NETWORK Operating Supplies Community Center Admin 182611 176 BROADWAY AWARDS Operating Supplies Police 182612 708 CANNON RIVER WINERY Transportation Den Road Liquor Store 182613 732 CATCO PARTS SERVICE Small Tools Fleet Operating 182614 57 CDW GOVERNMENT INC. Miscellaneous IT Operating 182615 1,961 CH ROBINSON COMPANY Deposits Escrow 182616 103 COMCAST Cable TV Community Center Admin 182617 672 CORPORATE EXPRESS Equipment Repair&Maint IT Operating 182618 118 COSTCO Operating Supplies Fire 182619 60 CULLIGAN BOTTLED WATER Operating Supplies Fire 182620 15 CUMMINS NORTH CENTRAL INC Equipment Parts Fleet Operating 182621 6,499 DAY DISTRIBUTING Wine Domestic Prairie View Liquor Store 182622 578 DETERMAN BROWNIE INC Waste Disposal Fleet Operating 182623 4,607 EAGLE WINE COMPANY Transportation Prairie View Liquor Store 182624 1,222 ECOLAB INC Contract Svcs-Pest Control Fire Station#4 182625 6,118 EDEN PRAIRIE CHAMBER OF COMMER Travel Expense City Council 182626 151 EDINA FIRE DEPARTMENT Operating Supplies Fire 182627 1,146 EDINA,CITY OF Printing Therapeutic Rec Administration 182628 310 EF JOHNSON Repair&Maint. Supplies Wireless Communication 182629 91 EKLOF DOCKS Equipment Repair&Maint Park Maintenance 182630 687 ELVIN SAFETY LLC Equipment Repair&Maint Fire 182631 511 EMERGENCY APPARATUS MAINTENANC Repair&Maint.Supplies Fire 182632 9,598 ESRI Software IT Operating 182633 74 EXECUTIVE OCEAN Miscellaneous Reserve 182634 358 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 182635 71 FASTENAL COMPANY Equipment Parts Fleet Operating 182636 59 FEDEX Equipment Repair&Maint Wireless Communication 182637 4,752 FIRE SAFETY USA INC Small Tools Fire 182638 18 FORCE AMERICA Equipment Parts Fleet Operating 182639 1,098 GE CAPITAL Other Rentals General Check# Amount Vendor/Explanation Account Description Business Unit 182640 204 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 182641 52 GINA MARIAS INC Operating Supplies Reserves 182642 540 GOVDELIVERY Software Maintenance IT Operating 182643 623 GRAINGER Capital Under$10,000 Fire 182644 499 GRAPE BEGINNINGS Transportation Den Road Liquor Store 182645 4,927 GRAYMONT Treatment Chemicals Water Treatment Plant 182646 356 GREATAMERICA LEASING CORP. Postage General 182647 12,657 GRIGGS COOPER&CO Transportation Prairie View Liquor Store 182648 1,382 HANSEN THORP PELLINEN OLSON Improvements to Land Capital Impr/Maint Fixed 182649 12,206 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Operating 182650 199 HEDDLE,ALLEN Pager&Cell Phone IT Operating 182651 550 HENNEPIN COUNTY HOUSING,COMMU Other Contracted Services Rehab 182652 537 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 182653 573 HENNEPIN COUNTY TREASURER Operating Supplies Elections 182654 1,500,000 HENNEPIN COUNTY TREASURER Right of Way&Easement Improvement Projects 2006 182655 261 HOBART Contract Svcs-Garden Romm Garden Room Repairs 182656 1,773 HOHENSTEINS INC Beer Prairie View Liquor Store 182657 1,985 HOME DEPOT CREDIT SERVICES Small Tools General Facilities 182658 820 IND SCHOOL DIST 272 Special Event Fees Classes/Programs/Events 182659 1,275 INFRARED CONSULTING SERVICES I Contract Svcs-General Bldg Senior Center 182660 597 INNOVATIVE GRAPHICS Clothing&Uniforms Police 182661 373 J H LARSON COMPANY Repair&Maint.Supplies Park Maintenance 182662 500 JEFFERSON FIRE&SAFETY INC Operating Supplies Fire 182663 9,982 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store 182666 32,894 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 182667 227 KEEPERS Clothing&Uniforms Fire 182668 13 KRAEMERS HARDWARE INC Recreation Supplies Volleyball 182669 3,672 KUSTOM SIGNALS INC Equipment Repair&Maint Police 182670 29 LANDS END CORPORATE SALES Clothing&Uniforms Police 182671 48,723 LOGIS Network Support IT Operating 182672 230 M.AMUNDSON LLP Operating Supplies Prairie View Liquor Store 182673 9,480 MARK VII Beer Den Road Liquor Store 182674 441 MARKS BP Equipment Repair&Maint Police 182675 737 MENARDS Recreation Supplies Volleyball 182676 2,651 METRO FIRE Equipment Repair&Maint Fire 182677 736 METROPOLITAN FORD Equipment Parts Fleet Operating 182678 183 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 182679 6,000 MIDWEST DESIGN CO Other Contracted Services Communications 182680 386 MN DEPT OF TRANSPORTATION Equipment Repair&Maint Traffic Signals 182681 67 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 182682 175 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 182683 4,086 NORTHWEST BUSINESS SYSTEMS Other Hardware Capital Impr./Maint.Fund 182684 30 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Fleet Operating 182685 183 PAGING&WIRELESS SERVICE CENT Equipment Repair&Maint Wireless Communication 182686 1,279 PARK NICOLLET CLINIC Employment Support Test Organizational Services 182687 3,242 PARK NICOLLET CLINIC Health&Fitness Fire 182688 37 PARK NICOLLET OPTICAL Protective Clothing Fire 182689 796 PAUL'S TWO-WAY RADIO Other Contracted Services Sprint/Nextel 182690 2,759 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 182691 107 PC MALL Other Contracted Services IT Operating 182693 10,059 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 182694 213 POMP'S TIRE SERVICE INC Tires Fleet Operating 182695 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 182696 195 PRAIRIE ELECTRIC COMPANY Contract Svcs-Elect Arts Center Facilities 182697 82 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating 182698 691 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 182699 727 PRIOR WINE COMPANY Transportation Prairie View Liquor Store 182700 538 PROSOURCE SUPPLY Waste Disposal Community Center Maintenance 182701 452 PUBLIC SAFETY CENTER INC Training Supplies Fire 182702 3,439 QUALITY FLOW SYSTEMS INC Equipment Repair&Maint Sewer Liftstation 182703 1,089 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 182705 9,996 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 182706 225 QWEST Telephone IT Telephone 182707 463 R&R SPECIALTIES OF WISCONSIN Contract Svcs-Ice Rink 3rd Sheet of Ice 182708 215 RESOURCE RECOVERY TECHNOLOGIES Landscape Materials/Supp Park Maintenance 182709 844 RUFFRIDGE JOHNSON EQUIPMENT CO Equipment Repair&Maint Fleet Operating 182710 1,273 S&S SPECIALISTS Other Contracted Services Tree Removal Check# Amount Vendor/Explanation Account Description Business Unit 182711 65 SCHARBER&SONS Equipment Parts Fleet Operating 182712 107 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 182713 3,463 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 2006 182714 140 SIGN A RAMA Signs Arts Center 182715 210 SNAP-ON TOOLS Small Tools Fleet Operating 182716 1,106 SOUTH METRO PUBLIC SAFETY TRAI Miscellaneous City Manager 182717 670 SOUTHWEST SUBURBAN PUBLISHING- Advertising Den Road Liquor Store 182718 147 SPRINT Telephone Engineering 182719 2,642 SPRINT Wireless Subscription IT Operating 182720 45 SRF CONSULTING GROUP INC Other Contracted Services Planning 182721 138 STAAF,CARTER Tuition Reimbursement/School Police 182722 25 STATE OF MINNESOTA Operating Supplies Emergency Preparedness 182723 221 STATE SUPPLY COMPANY Contract Svcs-Plumbing City Hall-CAM 182724 5,610 STREICHERS Clothing&Uniforms Police 182725 137 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 182726 897 TEE JAY NORTH INC Contract Svcs-General Bldg Community Center Maintenance 182727 815 TESSCO Repair&Maint.Supplies Wireless Communication 182728 7,552 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store 182729 850 TIM'S TOWER SERVICE INC. Equipment Repair&Maint Wireless Communication 182730 617 TRANSPORT GRAPHICS Operating Supplies Fire 182731 163 TRUE FABRICATIONS Transportation Den Road Liquor Store 182732 322 TURFWERKS Operating Supplies Street Maintenance 182733 58 UHL COMPANY Contract Svcs-HVAC City Hall-CAM 182734 96 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating 182735 427 VINO SOURCE,THE Transportation Den Road Liquor Store 182736 263 VINOCOPIA Liquor Den Road Liquor Store 182737 230 VISTAR CORPORATION Merchandise for Resale Concessions 182738 1,298 WALL TRENDS INC Building Capital Impr./Maint.Fund 182739 24 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 182740 219 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Operating 182741 68 WHEELER LUMBER LLC Operating Supplies Street Maintenance 182742 498 WINE COMPANY,THE Transportation Prairie View Liquor Store 182743 3,473 WINE MERCHANTS INC Transportation Prairie View Liquor Store 182744 502 WORLD CLASS WINES INC Liq Inventory Credits Den Road Liquor Store 182745 617 XCEL ENERGY Electric Arts Center 182746 16,731 YALE MECHANICAL INC Contract Svcs-HVAC Senior Center 182747 68 ZEE MEDICAL SERVICE Training Supplies Pool Operations 182748 638 ZEP MANUFACTURING CO Equipment Parts Fleet Operating 182749 1,860 ZIEGLER INC Contract Svcs-Fire/Life/Safe Fire Station#1 182751 750 BANK OF NEW YORK,THE Paying Agent $3,390,000 Facility Bond 2000 182752 90 DALHOFF,BILL Other Contracted Services Cummins House Special Events 182753 21 DONALD SALVERDA&ASSOCIATES Conference Expense Community Development Admin. 182754 137 LANO EQUIPMENT INC Equipment Repair&Maint Fleet Operating 182755 58 SRF CONSULTING GROUP INC Improvements to Land Park Acquisition&Development 182756 53 STUEWE,TRICIA Mileage&Parking Special Events Administration 182757 1,020 SUPERVALU Deposits Escrow 182758 130 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 182759 991 ABLE HOSE&RUBBER INC Repair&Maint.Supplies Water Treatment Plant 182760 11,198 ADVANCED ENGINEERING&ENVIRON Process Control Services Process Control 182761 54 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 Furniture 182762 318 AMERICAN PRESSURE INC Equipment Parts Water Treatment Plant 182763 246 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 182764 92 APCO INTERNATIONAL Dues&Subscriptions Police 182765 225 ASCE MEMBERSHIP Dues&Subscriptions Engineering 182766 405 ASSOCIATION OF MN EMERGENCY MA Dues&Subscriptions Fire 182767 400 ASSOCIATION OF TRAINING OFFICE Tuition Reimbursement/School Police 182768 60 ASWM Dues&Subscriptions Storm Drainage 182769 59 BAER,BARBARA Office Supplies Water Accounting 182770 100 BANCROFT,KARA Refunds Environmental Education 182771 182 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 182772 383 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 182773 99 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 182775 10,199 BELLBOY CORPORATION Liquor Den Road Liquor Store 182776 1,305 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 182777 788 BIFFS INC Waste Disposal Park Maintenance 182778 100 BLASY,KIM Refunds Environmental Education 182779 5,066 BRAUN INTERTEC CORPORATION Testing-Soil Boring Utility Improvement Fund Check# Amount Vendor/Explanation Account Description Business Unit 182780 8,188 BROWN TRAFFIC PRODUCTS INC Equipment Repair&Maint Traffic Signals 182781 488 CARGILL SALT Salt Snow&Ice Control 182782 137 CATCO PARTS SERVICE Equipment Parts Fleet Operating 182783 208 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Health and Benefits 182784 508 CDW GOVERNMENT INC. Software Communications 182785 2,788 CENTERPOINT ENERGY Gas Arts Center Facilities 182786 420 CHISAGO LAKES DISTRIBUTING Beer Den Road Liquor Store 182787 390 CLAREYS INC Safety Supplies Sewer System Maintenance 182788 47 COMCAST Dues&Subscriptions City Council 182789 400 COMEDY GALLERY TALENT INC Other Contracted Services Fire 182790 160 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 182791 5,570 CORNERHOUSE Other Contracted Services Police 182792 159 CORNERSTONE Tuition Reimbursement/School Police 182793 94 CORPORATE EXPRESS Office Supplies Police 182794 12,379 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 182795 8,557 DAY DISTRIBUTING Misc Non-Taxable Prairie Village Liquor Store 182796 260 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 182797 1,330 DECORATIVE DESIGNS INC Contract Svcs-Garden Rm/Caf. City Hall-CAM 182798 122 DELEGARD TOOL CO Small Tools Fleet Operating 182799 1,747 DELL Capital Under$10,000 Prairie Village Liquor Store 182800 86 DIRECTV Cable TV Community Center Admin 182801 21,600 DIVERSE BUILDING MAINTENANCE Cleaning Supplies Park Shelters 182802 149 DNR Awards Racquetball 182803 6,958 EAGLE WINE COMPANY Transportation Prairie Village Liquor Store 182804 1,180 EDEN PRAIRIE CHAMBER OF COMMER Dues&Subscriptions Prairie View Liquor Store 182806 270 EDGE METALWORKS Leasehold Improvements Prairie Village Liquor Store 182807 49,687 ENCOMM MIDWEST INC Other Contracted Services Utility Improvement Fund 182808 325 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant 182809 202 ETICA FAIR TRADE Transportation Den Road Liquor Store 182810 67 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 182811 50 FBI-LEEDA Dues&Subscriptions Police 182812 86 FEIDT,ADAM M Mileage&Parking IT Operating 182813 87 FISHER SCIENTIFIC Laboratory Chemicals Water Treatment Plant 182814 29 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 182815 97 FORCE AMERICA Equipment Parts Fleet Operating 182816 383 FSH COMMUNICATIONS LLC Telephone Miller Park 182817 168 G&K SERVICES Clothing&Uniforms Park Maintenance 182818 987 G&K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations-General 182819 432 GE CAPITAL Other Rentals General 182821 3,108 GENUINE PARTS COMPANY Equipment Parts Fleet Operating 182822 265 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 182823 3,230 GOODPOINTE TECHNOLOGY CORPORAT Other Contracted Services Park Maintenance 182824 2,450 GRAINGER Small Tools Water Treatment Plant 182825 830 GRANICUS INC Software Maintenance IT Operating 182826 1,543 GRAPE BEGINNINGS Transportation Den Road Liquor Store 182827 2,451 GRAYMONT Treatment Chemicals Water Treatment Plant 182829 23,765 GRIGGS COOPER&CO Transportation Prairie Village Liquor Store 182830 2,568 HACH COMPANY Process Control Equipment Water Treatment Plant 182831 100 HARTMANN,MARK Refunds Environmental Education 182832 81 HD SUPPLY WATERWORKS LTD Equipment Parts Water Treatment Plant 182833 25 HEALTHWAYS Tuition Reimbursement/School Fitness Classes 182834 2,322 HENNEPIN COUNTY TREASURER Board of Prisoner Police 182835 200 HENRY,PAUL Other Contracted Services Broomball 182836 120 HIGHWAY TECHNOLOGIES Conference Expense Engineering 182837 506 HOLMES,TOM Other Contracted Services Volleyball 182838 451 HORIBA HOBIN YVON INC Operating Supplies Police 182839 503 HORIZON COMMERCIAL POOL SUPPLY Other Contracted Services Pool Maintenance 182840 42 HUXTABLE,PAM Program Fee Jazzercise 182841 14,281 I-494 CORRIDOR COMMISSION Dues&Subscriptions City Council 182842 75 IAFCI Dues&Subscriptions Police 182843 50 IAWFES Dues&Subscriptions Fire 182844 304 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water Treatment Plant 182845 70 IMSA Dues&Subscriptions Street Maintenance 182846 215 IND SCHOOL DIST 272 Building Rental Community Band 182847 878 INDUSTRIAL AND RESIDENTIAL LIG Operating Supplies Utility Operations-General 182848 522 INSTITUTE OF TRANSPORTATION EN Dues&Subscriptions Engineering 182849 1,586 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund Check# Amount Vendor/Explanation Account Description Business Unit 182850 4,648 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Water Wells 182851 306 ITS A KEEPER Employee Award Organizational Services 182852 500 JANETSKI,BETH Other Contracted Services Winter Theatre 182853 17,875 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store 182854 1,789 JM OIL CO Lubricants&Additives Water Treatment Plant 182859 59,033 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 182860 334 KEEPERS Clothing&Uniforms Police 182861 45 KOCOUREK,JOAN Operating Supplies Police 182862 124 KRAEMERS HARDWARE INC Recreation Supplies Volleyball 182863 1,039 LAB SAFETY SUPPLY INC Lab Supplies Water Treatment Plant 182864 40 LANDS END CORPORATE SALES Clothing&Uniforms Police 182865 1,100 LOGIN/IACP Dues&Subscriptions Police 182866 141 M.AMUNDSON LLP Operating Supplies Prairie Village Liquor Store 182867 50 MACT Other Contracted Services Arts Initiative 182868 9,271 MARK VII Beer Prairie Village Liquor Store 182869 2,647 MATERIALS EVALUATION AND ENGIN Building Repair&Maint. Utility Improvement Fund 182870 90 MCPA Dues&Subscriptions Police 182871 1,515 MCPHILLIPS BROS ROOFING CO Other Contracted Services Utility Improvement Fund 182872 75 MECA Dues&Subscriptions Storm Drainage 182873 2,964 METRO SALES INCORPORATED* Equipment Repair&Maint General 182874 600 MICHAELSON,ELIZABETH H Other Contracted Services Winter Theatre 182875 1,677 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie View Liquor Store 182876 96 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police 182877 250 MINNEAPOLIS RIFLE CLUB Dues&Subscriptions Police 182878 665 MINNESOTA CHIEFS OF POLICE ASS Dues&Subscriptions Police 182879 60 MINNESOTA CRIME PREVENTION ASS Dues&Subscriptions Police 182880 20 MINNESOTA DEPT OF AGRICULTURE Licenses&Taxes Park Maintenance 182881 91,701 MINNESOTA NATIVE LANDSCAPES Improvement Contracts Storm Drainage 182882 96 MINNESOTA POLLUTION CONTROL AG Conference Expense Utility Operations-General 182883 2,240 MINNESOTA POLLUTION CONTROL AG Conference Expense Utility Operations-General 182884 320 MINNESOTA VALLEY ELECTRIC COOP Electric Traffic Signals 182885 619 MINNESOTA WANNER COMPANY Operating Supplies Street Maintenance 182886 40 MN PRIMA Dues&Subscriptions General 182887 115 MORGAN CREEK VINEYARDS Wine Domestic Den Road Liquor Store 182888 150 MPELRA Dues&Subscriptions Human Resources 182889 100 MPELRA Conference Expense Human Resources 182890 1,785 MPPOA Dues&Subscriptions Police 182891 3,322 MRPA Dues&Subscriptions Parks Administration 182892 440 MT GLOBAL LLC Transportation Den Road Liquor Store 182893 453 MUSIC CONNECTION INC,THE Capital Under$10,000 Staring Lake Concert 182894 1,712 NATIONAL MARTIAL ARTS ASSOCIAT Instructor Service Summer Skill Development 182895 75 NCITE Conference Expense Engineering 182896 275 NEUMANN,NEAL Other Contracted Services Broomball 182897 2,419 NEW FRANCE WINE COMPANY Transportation Prairie Village Liquor Store 182898 42 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 182899 718 NORTHLAND SECURITIES INC Bond Issue Costs 2008A Capital Equipment Notes 182900 198 NORTHWEST BUSINESS SYSTEMS Equipment Repair&Maint IT Operating 182901 50 OLOFINBOBA,OLUKAYODE A Inspection Fee Housing Inspections 182902 5 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Street Maintenance 182903 99 OSI BATTERIES INC Equipment Parts Fleet Operating 182904 7,911 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 182905 644 PAUTZ,ROGER Instructor Service Fall Skill Development 182906 109 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 182909 22,306 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 182910 899 PITNEY BOWES Postage General 182911 325 POLICE EXECUTIVE RESEARCH FORU Dues&Subscriptions Police 182912 105 PORTA,KITTY Mileage&Parking City Clerk 182913 5,637 PRAIRIE ELECTRIC COMPANY Other Contracted Services Riley House 182914 2 PRECISION HEATING&COOLING Cash Over/Short General Fund 182915 1,393 PRIOR WINE COMPANY Transportation Prairie Village Liquor Store 182916 393 PROP United Way Withheld General Fund 182917 1,603 PROSOURCE SUPPLY Waste Disposal Community Center Maintenance 182918 127 PROTECTION ONE Other Contracted Services Cummins Grill 182919 185 PYRO-MATIC INC Operating Supplies Utility Operations-General 182922 23,300 QUALITY WINE&SPIRITS CO Transportation Den Road Liquor Store 182923 3,191 QWEST Telephone Riley Lake 182924 161 REED BUSINESS INFORMATION Advertising Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit 182925 199,428 RJM CONSTRUCTION INC Improvements to Land Community Center Expansion 182926 136 RUE,RODNEY Mileage&Parking Engineering 182927 200 SENSIBLE LAND USE COALITION Dues&Subscriptions City Council 182928 219 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store 182929 2,396 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Infiltration/Inflow Study 182930 27 SIGNSOURCE Miscellaneous City Council 182931 600 SMITH,SHELLEY Other Contracted Services Winter Theatre 182932 39 SNAP-ON TOOLS Small Tools Fleet Operating 182933 1,100 SNIPERCRAFT INC Tuition Reimbursement/School Police 182934 160 SOCIETY FOR HUMAN RESOURCE MAN Dues&Subscriptions Human Resources 182935 95 SOCIETY OF WETLAND SCIENTISTS Dues&Subscriptions Storm Drainage 182936 3,818 SOUTHWEST SUBURBAN CABLE COMMI Dues&Subscriptions City Council 182937 241 SPIRIT APPAREL&STUFF Operating Supplies Day Care 182938 61 SPS COMPANIES Equipment Parts Fleet Operating 182939 28,287 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Treatment Plant 182940 125 ST PAUL,CITY OF Tuition Reimbursement/School Police 182941 351 STAAF,CARTER Clothing&Uniforms Police 182942 2,971 STEVE LUCAS PHOTOGRAPHY Other Contracted Services Police 182943 1,154 STREICHERS Clothing&Uniforms Police 182944 171 STRONER,ELIZABETH Operating Supplies Police 182945 8,694 STRUTYNSKI,WOJCIECH Other Contracted Services Rehab 182946 3,000 TALEO CORPORATION Other Contracted Services Organizational Services 182947 543 THE OASIS GROUP Employee Assistance Organizational Services 182948 14,132 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 182949 13 TKDA Design&Engineering Utility Improvement Fund 182950 47 TOLL GAS AND WELDING SUPPLY Repair&Maint.Supplies Utility Operations-General 182951 1,598 TOTAL REGISTER Equipment Repair&Maint Den Road Liquor Store 182952 1,992 TRANSMISSION MASTERS Equipment Repair&Maint Fleet Operating 182953 34 TURFWERKS Operating Supplies Street Maintenance 182954 700 TWIN CITY AREA LABOR MGMT COUN Dues&Subscriptions Engineering 182955 220 UNDHEIM,NAOMI Mileage&Parking Community Center Admin 182956 153 UNIFORMS UNLIMITED Clothing&Uniforms Police 182957 395 UNITED WAY United Way Withheld General Fund 182958 280 UNIVERSITY OF MINNESOTA Conference Expense Engineering 182959 280 UNIVERSITY OF MINNESOTA Conference Expense Engineering 182960 1,190 UNIVERSITY OF MINNESOTA Conference Expense Inspections-Administration 182961 70 UNIVERSITY OF MINNESOTA Conference Expense Engineering 182962 227 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating 182963 59 UPS Equipment Repair&Maint Water System Maintenance 182964 3,983 US POSTMASTER-HOPKINS Design&Engineering Infiltration/Inflow Study 182965 110 USPCA REGION 12 Dues&Subscriptions Police 182966 379 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 182967 8,132 VESSCO INC Equipment Parts Water Treatment Plant 182968 927 VIKING ELECTRIC SUPPLY Operating Supplies Utility Operations-General 182969 701 VINO SOURCE,THE Transportation Den Road Liquor Store 182970 1,802 VINOCOPIA Transportation Prairie View Liquor Store 182971 238 WACONIA FARM SUPPLY Operating Supplies Park Maintenance 182972 248 WEEDMAN,NICOLE Mileage&Parking Youth Programs Administration 182973 2,047 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Operating 182974 30 WETLAND PROFESSIONALS ASSOCIA Dues&Subscriptions Storm Drainage 182975 2,044 WINE COMPANY,THE Transportation Prairie Village Liquor Store 182976 7,194 WINE MERCHANTS INC Transportation Den Road Liquor Store 182977 580 WM MUELLER AND SONS INC Gravel Water System Maintenance 182978 1,708 WORLD CLASS WINES INC Transportation Prairie Village Liquor Store 182979 991 XCEL ENERGY Electric Arts Center 182980 12,058 YALE MECHANICAL INC Contract Svcs-HVAC Public Works/Parks 182981 2,343 YOCUM OIL COMPANY INC Gas Water Treatment Plant 182982 835 COSTCO Program Fee Classes/Programs/Events 182983 176 EGAN OIL COMPANY Equipment Parts Fleet Operating 182984 6,057 HENNEPIN COUNTY TREASURER-TAXP Other Contracted Services Project Fund 182985 60 MINNESOTA GFOA Dues&Subscriptions Finance 182986 2,109 NCT INC Conference Expense IT Operating 182987 750 ROBERT C VOGEL Other Contracted Services 1999 CLG Grant 182988 141 SBSI INC Software Maintenance IT Operating 182989 120 FINANCE&COMMERCE General 494 Corridor Commission 182990 395 BACHMAN PRINTING General 494 Corridor Commission 182991 67 COMCAST General 494 Corridor Commission Check# Amount Vendor/Explanation Account Description Business Unit 182992 45 CULLIGAN-METRO General 494 Corridor Commission 182993 50 EDEN PRAIRIE CHAMBER OF COMMER General 494 Corridor Commission 182994 678 EXPRESS PERSONNEL SERVICES General 494 Corridor Commission 182995 575 INDEPENDENT SCHOOL DISTRICT NO General 494 Corridor Commission 182996 990 INTERACTIVE STRATEGIES GROUP General 494 Corridor Commission 182997 20 INTERNET EXPOSURE INC General 494 Corridor Commission 182998 194 KENNEDY RECOGNITION General 494 Corridor Commission 182999 148 MADISON,MELISSA General 494 Corridor Commission 183000 95 MEREDITH KATE General 494 Corridor Commission 183001 1,500 MESSERLI&KRAMER General 494 Corridor Commission 183002 16,857 MINNEAPOLIS DOWNTOWN COUNCIL General 494 Corridor Commission 183003 50 NELSON,ROBIN General 494 Corridor Commission 183004 524 PENN CYCLE General Bicycle Program 183005 403 SOLUTION BUILDERS General 494 Corridor Commission 183006 25 SOUTHWEST TRANSIT General 494 Corridor Commission 183007 170 VERIZON WIRELESS General 494 Corridor Commission 183008 1,762 WELLS FARGO BANK General 494 Corridor Commission 5,029,072 Grand Total City Of Eden Prairie Purchasing Card Payment 12/22/2008 #3288 Amount Explanation Vendor Account Description Business Unit 68 US-APA Subscriptions APA NORTHSTAR CHAPTER Dues&Subscriptions Planning 106 US-Fire Service Conference ATOM Conference Expense Fire -90 US-AWWAConf Overcharge AWWA-MINNESOTA SECTION Conference Expense Utility Operations-General 205 US-Staff Develop.Books BARNES&NOBLE Conference Expense Parks Administration -4 US-Book Refund BARNES&NOBLE Operating Supplies Aquatics&Fitness Admin 1,563 US-LiquorStore Remodeling BELLACOR Capital Under$10,000 Prairie Village Liquor Store 22 US-Cards for SoundSystem BEST BUY Operating Supplies Ice Arena 75 US-Games for Fit Kids Club BEST BUY Operating Supplies Day Care 21 US-Games for Fit Kids Club BEST BUY Operating Supplies Day Care -15 BILLY BOARDS Sales Tax Payable Prairie Village Liquor Store 249 US-LiquorStore Remodeling BILLY BOARDS Capital Under$10,000 Prairie Village Liquor Store 5 US-Sr Center Movie Rental BLOCKBUSTER Operating Supplies Classes/Programs/Events 53 US-Fuel-Trucks for Election BP OIL Other Rentals Elections -10 BROWNELLS INC. Sales Tax Payable General Fund 159 US-Slings for Rifles BROWNELLS INC. Training Supplies Police 69 US-Saturday Night Out BRUNSWICK BOWLING LANES Special Event Fees Teen Programs 345 US-Alan Brunacini Confer. BUCA Operating Supplies Fire 257 US-PoliceMtg(Reimb.$190) BUCA Miscellaneous Police 15 US-Hennepin County Mtg. CARIBOU COFFEE Miscellaneous Housing and Community Service 261 US-Ribbon for Card Printer CDW HEALTHCARE Office Supplies Community Center Admin 568 US-Food for Café CLOVER SUPER FOODS Merchandise for Resale Concessions 371 US-Food for Café CLOVER SUPER FOODS Merchandise for Resale Concessions 357 US-Food for Café CLOVER SUPER FOODS Merchandise for Resale Concessions 34 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 54 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 54 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 54 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 39 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 54 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 45 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 54 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 133 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 62 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 62 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 12 US-Holiday Lunch Food CUB FOODS EDEN PRAIRIE Operating Supplies Classes/Programs/Events 11 US-Cumm.HouseChristmas CUB FOODS EDEN PRAIRIE Operating Supplies Cummins House Special Events 7 US-Cumm.HouseChristmas CUB FOODS EDEN PRAIRIE Operating Supplies Cummins House Special Events 18 US-CharitableGivingBreakf. CUB FOODS EDEN PRAIRIE Other Contracted Services Organizational Services 33 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 2 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 69 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 78 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 154 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 83 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 147 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 152 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 112 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 64 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 61 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 150 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 11 US-Cunun.HouseChristmas CUB FOODS EDEN PRAIRIE Operating Supplies Cummins House Special Events 119 US-PrairieFest LeaderTrain DAVANNI'S PIZZA Operating Supplies Youth Programs Administration 20 US-Boiler License-J.Punton DEPARTMENT OF LABOR AND INDUST Licenses&Taxes Water Treatment Plant 20 US-Boiler License-M.Albert DEPARTMENT OF LABOR AND INDUST Licenses&Taxes Water Treatment Plant 3,907 US-Oct'08 Bldg Surcharge DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 913 US-Oct'08 Bldg Surcharge DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 260 US-Oct'08 Bldg Surcharge DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -102 US-Oct'08 Bldg Surcharge DEPT OF LABOR&INDUSTRY Other Revenue General Fund 17 US-Play Care Supplies DOLLAR GENERAL STORE Operating Supplies Day Care 365 US-EDAM MembershipDues ECONOMIC DEVELOPMEMNT ASSOCIAT Dues&Subscriptions Economic Development 25 US-Holiday Luncheon EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Manager 9 US-Beverage for a Meeting EDEN PRAIRIE COMMUNITY CENTER Operating Supplies Community Center Admin 49 US-Coffee-Star Training EDEN PRAIRIE COMMUNITY CENTER Conference Expense Ice Arena Maintenance 160 US-Soundbrd SnakeRepair EMI REPAIRS Other Contracted Services Staring Lake Concert 635 US-Class Tuition K.Horgan EMPLOYERS ASSOCIATION INC Tuition Reimbursement/School Water Treatment Plant 425 US-Class Tuition-K.Carlson EMPLOYERS ASSOCIATION INC Tuition Reimbursement/School Water Treatment Plant 99 US-MSDN Conf-T.Garelik EVENTSUPPORT@BLUEROOSTER.COM Conference Expense IT Operating Amount Explanation Vendor Account Description Business Unit 428 US-Gym GuidelinesBanner FASTSIGNS Operating Supplies Community Center Admin 256 US-Snow Removal Items FLEET FARM Cleaning Supplies Utility Operations-General -283 US-Hotel Credit FONTAINBLEAU RESORT Travel Expense Economic Development -34 US-Hotel Credit FONTAINBLEAU RESORT Travel Expense Economic Development 1,130 US-Hotel-ULI Conference FONTAINBLEAU RESORT Travel Expense Economic Development -26 GODFREY GROUP,THE Sales Tax Payable Prairie Village Liquor Store 422 US-LiquorStore Remodeling GODFREY GROUP,THE Capital Under$10,000 Prairie Village Liquor Store 340 US-IT Symposium-Lisa WU GOVERNMENT TRAINING SERVICE Conference Expense IT Operating 270 US-Symp-Browning/Romsd. GOVERNMENT TRAINING SERVICE Conference Expense IT Operating 340 US-IT Symposium-Hutter GOVERNMENT TRAINING SERVICE Conference Expense IT Operating 114 US-Passport Application HENNEPIN COUNTY SERVICE CENTER Other Contracted Services Economic Development 26 US-Fuel-Chiefs Mtg-Mt.Iron HOLIDAY STATION STORES INC Operating Supplies Fire 20 US-Food for Café HOLIDAY STATION STORES INC Merchandise for Resale Concessions 11 US-Food for Café HOLIDAY STATION STORES INC Merchandise for Resale Concessions 21 US-Food for Café HOLIDAY STATION STORES INC Merchandise for Resale Concessions 6 US-Food for Café HOLIDAY STATION STORES INC Merchandise for Resale Concessions 18 US-Food for Café HOLIDAY STATION STORES INC Merchandise for Resale Concessions 4 US-Brine Maker Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 52 US-Mailbox HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 62 US-B-Day Party Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Birthday Parties 8 US-Shop Safety Shelves HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 191 US-Clips-R.L.Backstop Net HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance -50 HRM USA INC Sales Tax Payable General Fund 820 US-Heart Monitors-Recruits HRM USA INC Health&Fitness Fire -20 ICE SKATING INSTITUTE Sales Tax Payable General Fund 325 US-Skate Lesson Badges ICE SKATING INSTITUTE Operating Supplies Ice Arena 41 US-11/15 Event Supplies JO-ANN FABRICS Operating Supplies Arts Center 47 US-B-Day Party Supplies JO-ANN FABRICS Operating Supplies Birthday Parties 43 US-LockerRoomHairDryers KMART Operating Supplies Community Center Admin -290 US-Protective Cloth.Refund KNOW GANGS Protective Clothing Police 881 US-Holiday Luncheon Food KOWALSKI'S MARKET Operating Supplies Classes/Programs/Events 54 US-LEEP Program KOWALSKI'S MARKET Training Supplies Organizational Services 48 US-LEEP Program KOWALSKI'S MARKET Training Supplies Organizational Services -54 US-LEEP Program-Return KOWALSKI'S MARKET Training Supplies Organizational Services 227 US-Election Recount-Food KOWALSKI'S MARKET Miscellaneous City Manager 206 US-Shovels/Broom/Padlock KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 83 US-Padlock KRAEMERS HARDWARE INC Operating Supplies Park Maintenance -570 US-Tactical Vests Refund LA POLICE GEAR Protective Clothing Police 661 US-Govern.Leader Guide LEADERGUIDEPRO.COM Training Supplies Organizational Services -25 LIGHT WAVES CONCEPT,INC Sales Tax Payable Prairie Village Liquor Store 415 US-LiquorStore Remodeling LIGHT WAVES CONCEPT,INC Capital Under$10,000 Prairie Village Liquor Store -78 LIGHTINGSHOWPLACE.COM Sales Tax Payable Prairie Village Liquor Store 1,274 US-LiquorStore Remodeling LIGHTINGSHOWPLACE.COM Capital Under$10,000 Prairie Village Liquor Store -34 LIGHTSHARDWARE.COM Sales Tax Payable Prairie Village Liquor Store 562 US-LiquorStore Remodeling LIGHTSHARDWARE.COM Capital Under$10,000 Prairie Village Liquor Store 477 US-Hotel-Class-J.Claeys MARRIOTT HOTELS Tuition Reimbursement/School Police 278 US-Motel for A.Brunacini MARRIOTT HOTELS Operating Supplies Fire 3 US-Light Bulbs-Power Box MENARDS Operating Supplies Park Maintenance 19 US-Small Tools MENARDS Small Tools Sewer System Maintenance 6 US-Brine Maker Supplies MENARDS Operating Supplies Street Maintenance 43 US-Brine Maker Supplies MENARDS Operating Supplies Street Maintenance 7 US-Small Tools MENARDS Small Tools Sewer System Maintenance 15 US-HoseAdapters-Purgatory MENARDS Operating Supplies Park Maintenance 21 US-Irrigation Repairs MENARDS Repair&Maint.Supplies Park Maintenance 6 US-Brine Maker Supplies MENARDS Operating Supplies Street Maintenance 22 US-Small Tools MENARDS Small Tools Sewer System Maintenance 43 US-Hockey Rink Supplies MENARDS Operating Supplies Park Maintenance 7 US-Board for RTA Bridge MENARDS Repair&Maint.Supplies Park Maintenance 46 US-Boards and Rollers MENARDS Building Materials Park Maintenance 33 US-Shop Cabinet Supplies MENARDS Repair&Maint.Supplies Park Maintenance 16 US-Trimboard-PaintBrnshes MENARDS Operating Supplies Park Maintenance 14 US-Salt&Sand-Dog Park MENARDS Operating Supplies Park Maintenance 90 US-Hockey Rink Supplies MENARDS Repair&Maint.Supplies Park Maintenance 24 US-Hockey Rink Supplies MENARDS Operating Supplies Park Maintenance 2 US-Hockey Rink Supplies MENARDS Operating Supplies Park Maintenance 16 US-String and Knife MENARDS Operating Supplies Park Maintenance 223 US-Recruiting Poster Frame MICHAELS-THE ARTS&CRAFTS S Operating Supplies Fire 51 US-11/15 Event Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 81 US-Birthday Party Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties 40 US-Arts&Crafts Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Day Care 41 US-B-Day Party Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties Amount Explanation Vendor Account Description Business Unit 27 US-B-Day Party Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties 350 US-TekneAward-NealButch. MINNESOTA HIGH-TECH Miscellaneous City Council 95 US-Conference-Dan Foley MINNESOTA RURAL PARTNERS Other Contracted Services Technology Task Force 95 US-Conference-D.Lindahl MINNESOTA RURAL PARTNERS Other Contracted Services Technology Task Force 385 US-Membership Dues NAIOP Dues&Subscriptions Economic Development 127 US-Small Tools-#723 NAPA AUTO PARTS Small Tools Sewer System Maintenance 3 US-Truck Air Freshners NAPA AUTO PARTS Repair&Maint.Supplies Sewer System Maintenance 70 US-EMT Basic-Will Zafft NATIONAL REGISTRY OF EMTS Employment Support Test Fire 495 US-Conference-S.Durham NEW URBAN RESEARCH Conference Expense Planning 137 US-Boot Brushes/CableTies NORTHERN TOOL&EQUIPMENT Repair&Maint.Supplies Utility Operations-General 491 US-Tool Boxes for Trucks NORTHERN TOOL&EQUIPMENT Equipment Parts Sewer System Maintenance 66 US-Extra Luggage NORTHWEST AIRLINES Tuition Reimbursement/School Police 655 US-Class Tuition-C.Staaf NTOA Tuition Reimbursement/School Police 43 US-Police Display Rail OFFICE DEPOT CREDIT PLAN Capital Under$10,000 Furniture 20 US-Office Supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Aquatics&Fitness Admin 77 US-Grinding Wheel OLSON CHAIN&CABLE Repair&Maint.Supplies Sewer System Maintenance -4 ORIENTAL TRADING Sales Tax Payable General Fund 57 US-Trinkets-Holiday Lunch. ORIENTAL TRADING Operating Supplies Internal Events 67 US-Alan Brunacini Confer. PANERA BREAD Conference Expense Fire 325 US-Prairie Fest Lunch PAPA JOHNS PIZZA Operating Supplies Youth Programs Administration 249 US-UB On-line PAYPAL INC Bank and Service Charges Utility Operations-General 249 US-UB Recurring PAYPAL INC Bank and Service Charges Utility Operations-General 0 US-UB On-line PAYPAL INC Bank and Service Charges Utility Operations-General -209 US-UB On-line PAYPAL INC Bank and Service Charges Utility Operations-General -209 US-UB On-line PAYPAL INC Bank and Service Charges Utility Operations-General 54 US-E-permit Web Security PAYPAL INC Software Maintenance IT Operating 82 US-Cage for Vehicle Set-up PETSMART Equipment Parts Fleet Operating -38 POLLARD WATER Sales Tax Payable Water Enterprise Fund 621 US-EasyGrab BasinCleaner POLLARD WATER Small Tools Water System Maintenance 213 US-Power Medicine Balls POWER SYSTEMS Repair&Maint.Supplies Fitness Center 199 US-28 Dumbells POWER SYSTEMS Repair&Maint.Supplies Fitness Center 325 US-Council Wokshop Food QDOBA MEXICAN GRILL Miscellaneous City Council 121 US-CharitableGivingBreakf. RAINBOW FOODS INC. Other Contracted Services Organizational Services 27 US-CharitableGivingBreakf. RAINBOW FOODS INC. Other Contracted Services Organizational Services 75 US-Treats EmployeeRecog. RAINBOW FOODS INC. Miscellaneous Internal Events 51 US-Cumm.HouseChristmas RAINBOW FOODS INC. Operating Supplies Cummins House Special Events 30 US-Musical Request Form SAMUEL FRENCH INC Other Contracted Services Summer Theatre 100 US-Meter Tools SEARS EDEN PRAIRIE Small Tools Water Metering 18 US-Flashlight&9V Batteries SEARS EDEN PRAIRIE Repair&Maint.Supplies Sewer System Maintenance 108 US-TearDropFrame/Beam SJF MATERIAL HANDLING INC Equipment Parts Fleet Operating 202 US-TearDropFrame/Beam SJF MATERIAL HANDLING INC Equipment Parts Fleet Operating 63 US-A Night w/Peef Tickets STAGES THEATER COMPANY Special Event Fees Special Events(CC) -1 US-Partial Shuttle Reimbur. SUPER SHUTTLE Travel Expense Community Development Admin. 58 US-Food for Café TARGET Merchandise for Resale Concessions 95 US-Supplies for Café TARGET Operating Supplies Concessions 30 US-Rink Guard Pullovers TARGET Clothing&Uniforms Concessions 103 US-Food for Café TARGET Merchandise for Resale Concessions 108 US-Rink Guard Pullovers TARGET Clothing&Uniforms Ice Arena 20 US-Rink Guard Pullovers TARGET Clothing&Uniforms Ice Arena 9 US-Halloween Supplies TARGET Operating Supplies Recreation Administration 71 US-PrairieFest Suppl&Pop TARGET Operating Supplies Youth Programs Administration 13 US-Cumm.HouseChristmas TARGET Operating Supplies Cummins House Special Events 13 US-Cumm.HouseChristmas TARGET Operating Supplies Senior Center Administration 14 US-Prairie Fest Photos TARGET Operating Supplies Youth Programs Administration 171 US-Games for Fit Kids Club TARGET Operating Supplies Day Care 23 US-Batteries-GroupFitness TARGET Operating Supplies Fitness Classes -107 TECHNOLOGYLK.COM Sales Tax Payable Prairie Village Liquor Store 1,758 US-LiquorStore Remodeling TECHNOLOGYLK.COM Capital Under$10,000 Prairie Village Liquor Store -3 TECHSMITH CORPORATION Sales Tax Payable IT Operating 43 US-Software for M.Gustad TECHSMITH CORPORATION Miscellaneous IT Operating 9 US-Blog TIGER TECHNOLOGIES Software IT Operating 182 US-Games for Fit Kids Club TOYSRUS.COM Operating Supplies Day Care -62 TRANSCAT Sales Tax Payable Water Enterprise Fund 1,016 US-Meters for P.M. TRANSCAT Small Tools Water Treatment Plant -293 VINTAGE CELLARS Sales Tax Payable Prairie Village Liquor Store 4,793 US-LiquorStore Remodeling VINTAGE CELLARS Capital Under$10,000 Prairie Village Liquor Store -727 VINTAGE CELLARS Sales Tax Payable Prairie Village Liquor Store 11,906 US-LiquorStore Remodeling VINTAGE CELLARS Capital Under$10,000 Prairie Village Liquor Store 41 US-Saw Blade W W GRAINGER INC Repair&Maint.Supplies Storm Drainage 58 US-Personal-Reimbursed W W GRAINGER INC Operating Supplies Cummins House Special Events 227 US-Maintenance Supplies WACONIA FARM SUPPLY Equipment Parts Park Maintenance Amount Explanation Vendor Account Description Business Unit 28 US-Purchase(Refunded) WALGREEN'S#5080 Deposits Escrow -28 US-Refund WALGREEN'S#5080 Deposits Escrow 115 US-Holiday Lunch.Decorat. WALMART COMMUNITY Operating Supplies Classes/Programs/Events 29 US-Holiday Lunch Supplies WALMART COMMUNITY Operating Supplies Classes/Programs/Events 20 US-Cumm.HouseChristmas WALMART COMMUNITY Operating Supplies Cummins House Special Events 17 US-Punch Bowl-Emp.Funct. WALMART COMMUNITY Employee Award Organizational Services 54 US-Play Care Supplies WALMART COMMUNITY Operating Supplies Day Care 63 US-Games for Fit Kids Club WALMART COMMUNITY Operating Supplies Day Care 373 US-Games for Fit Kids Club WALMART COMMUNITY Operating Supplies Day Care 14 US-Supplies for Fit Kids WALMART COMMUNITY Operating Supplies Day Care -3 WINZIP Sales Tax Payable IT Operating 43 US-Software for M.Gustad WINZIP Miscellaneous IT Operating -5 XPRESSMYSELF.COM Sales Tax Payable Water Enterprise Fund 76 US-Tags for PM Projects XPRESSMYSELF.COM Repair&Maint.Supplies Water Treatment Plant 19 US-Personal-Reimbursed Operating Supplies Fire 49,232 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Appointments January 20, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.A. Scott Neal, City Manager Appointment to Southwest Light Rail Office of the City Manager Transit Policy Advisory Committee Requested Action Move to: Reappoint Council Member Nelson as the City of Eden Prairie's representative and Community Development Director Janet Jeremiah as the alternate to the Southwest Light Rail Transit Policy Advisory Committee for 2009. Synopsis Council Member Nelson served as the representative to the Southwest Light Rail Transit Policy Advisory Committee in 2008. Community Development Director Janet Jeremiah served as the alternate. The requested action reaffirms their ongoing appointments as representative and alternate to the SWLRT PAC. FS, MEMORANDUM To: Mayor and City Council EDEN From: Eugene A. Dietz, P.E. PRAIRIE Director of Public Works LIVE•WORK•DREAM Date: January 15, 2009 Re: MCA Street Lighting/LED Street Lighting Attached are 4 documents for your consideration regarding the MCA Streetscape Master Plan that was approved by City Council and how that affects street lighting in the first phase project—Singletree Lane—scheduled for this summer. Without question, we will ultimately be using alternative lighting products to the current high pressure sodium fixtures—perhaps LED or induction lights, but it appears premature to expect them to be incorporated into a 2009 project with the approved light fixture style. MCA Streetscape Master Plan The first attachment is a page from the approved Streetscape Master Plan showing the architectural style for the light fixtures (more details may be found at Draft Streetscape Master Plan). These fixtures are not available in LED. The only fixture that is readily available in LED is the slimline "shoebox"type fixture that is in place in our parking lot. In an attachment described below, it appears that it may be possible to modify the approved fixture to incorporate an induction lamp. Staff will explore that option more thoroughly prior to soliciting bids for the Singletree project, however, a special order for only 13 fixtures as planned for this project is likely to be cost prohibitive. SRA Street Lighting Review Attachment 2 is a copy of a final report entitled"Street Lighting Review". The Suburban Rate Authority(SRA) funded a street lighting study that was completed Fall,2008. I was one of four members of a"Street Light Group"that administered the project. The initial purpose of the project was to determine if alternatives to Xcel street lighting existed in the private marketplace. The answer to that question is a resounding yes,but as part of the project,the team attended special presentations from vendors supplying both LED and Induction Light fixtures. We learned that there are a great number of"test projects",but as noted on page 6 of the report "A couple of the newer technologies, Induction and LED, also promise considerably longer lamp life that significantly reduces life cycle costs although they have not been on the market long enough to verify the expectations". Star Tribune Story The third attachment is a copy of the story appearing in the Star Tribune on January 14, 2009 regarding the Xcel Energy/Brooklyn Park test installation of LED street lights. The lighting is not well received by residents. Groton Utility Study The final attachment is a study completed by Rensselaer Polytechnic Institute for the Groton, Connecticut Utility. This study compares the use of High Pressure Sodium to Induction lighting. Our SRA study group attended a presentation on induction lighting and this type of fixture may be more promising than LED. However, it is also in its infancy. Conclusion Unless we choose to abandon the approved architecture of the street lights for the Major Center Area, it is premature to expect that they can be installed as LED fixtures. There is a possibility that the selected fixture can be retrofitted with an induction lamp and staff will investigate the cost of that option. If feasible, we can consider installing the induction lights with the Singletree Lane project. Staff will advise the Council on cost and feasibility prior to soliciting bids for the project. I will review this information at the January 20th Council Meeting. Attachments: MCA Lighting Fixture SRA Street Light Review Report Reprint of Star Tribune Article Groton Final Report ) MAIN STREET SINGLEfREE LANE LOOP ROAD (PRAIRIE CENTER DRIVEVVALLEY VIEW ROAD) x 150 watt r"� 150 watt 250 watt High Pressure High Pressure High Pressure FIXTURE Sodium Sodium Sodium Type 3 Type 3 Type 3 Model Model Model C uGHT SPACING 52'Same side,sddiered 100'Same side,sddiered 120'Same side,staggered z AVERAGE ROADWAY UGl-mNG LEVEL(FC) 1.7 1.3** 1.3" W X-ESTIMATED (1.1) (1.1) (1.2) (X)INDUSTRY STANDARD' AVERAGE SIDEWALK LIGHTING LEVEL(FC) 1.1 1.5 1.5 X-ESTIMATED (1.3) (1.3) (0.8) (X)INDUSTRY STANDARD* CI— ROADWAY UNIFORMTY LEVEL 1.4 2.1 2.68 X-ESTIMATED (4) (4) (4) (X)INDUSTRY STANDARD* *Based on and comply with 2005 AASHTO Roadway Lighting Design Guide. **Recommended roadway lighting levels are significantly higher than the current lighting levels on Singletree Lane and Prairie Center Drive. Figure C2: Lighting Alternatives Matrix City of Eden Prairie Major Center Area 138 RN ve Work Dream Streetscape Master Plan SRF SUBURBAN RATE AUTHORITY (SRA) Street LightingReview Report to Suburban Rate Authority (SRA) Board of Directors on October 15, 2008 Stephen D Caskey and Elsie Myers Martin 20 08 PREPARED BY H PC , LLC , 952 - 567 - 7472 IIM Suburban Rate Authority(SRA) Street Lighting Review Executive Summary SRA municipalities all face decisions regarding their street lighting systems. Many of their systems are approaching 25-year replacement and other city projects, such as road re-construction, will require changes in street lighting. In the past, the only options for cities were city-owned or utility provided street lights. Today multiple, alternative lighting providers are in business, anxious to enter the regional municipal market. Several new lighting technologies are emerging and merit consideration for improved quality of light, decreased frequency of outages and energy efficiency. Information management tools are now more readily available to help lower maintenance costs and speed lamp-out replacements. To help city management consider its options for street lighting replacements, this report provides some guidance for the decision process. It includes some background information, a decision template, questions to ask internally and questions to ask of potential providers. Many of the issues and questions are the same whether the city is replacing an existing or installing a new street lighting system. Here are several separate, but related, questions that city management might consider: 1. Even if the city is generally satisfied with the service and cost provided by Xcel Energy,what are some strategies that the city might follow to improve service from Xcel and lower costs to the city? How might the cities leverage their collective clout to get some changes since the services are under Minnesota Public Utilities Commission (PUC) purview? See Chapter 3,Appendix C. 2. If the city is not satisfied with Xcel, what options does the city want to consider, such as owning and maintaining a city-owned street lighting system or contracting street lighting services from an alternative provider? How should the city go about evaluating the different options and providers? See Chapter 3 and Appendices D and E. 3. What about new lighting technologies—LED, induction, plasma—and information management systems—asset management, outage response systems and preventive maintenance programs? Are any worthwhile? Can the city benefit through lower costs (energy efficiency, less maintenance and Xcel lighting rebates) or through improved service (quality of light and reducing lamp-out times)? See Chapters 2 and 4. This report will help guide a city through the issues that the above questions raise but each city must evaluate the options based on their own values and specific needs.To help illustrate the process, an example decision for a 29-light system replacement is shown in Chapter 5 and Appendix F. The report is organized as follows: Chapter 1 Introduction Appendix A 2008 SRA Member Cities Chapter 2 Emerging Technologies and Issues Appendix B Consultant Qualifications Chapter 3 Street Lighting Service Providers Appendix C Recommendations Regarding Xcel Energy Chapter 4 Grants and Rebates Appendix D List of Street Lighting Providers Chapter 5 Decision Making Tool Appendix E References for Alternative Street Lighting Providers Chapter 6 Key Findings and Recommendations Appendix F Decision Making Tool Worksheets Appendix G General Findings 2 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Suburban Rate Authority(SRA) Street Lighting Review Table of Contents Chapter 1 Introduction 4 Chapter 2 Emerging Technologies and Issues 6 Chapter 3 Street Lighting Service Providers 8 Chapter 4 Grants and Rebates 9 Chapter 5 Decision Making Tool 10 Chapter 6 Key Findings and Recommendations 14 Appendix A 2008 SRA Member Cities 15 Appendix B Consultant Qualifications 16 Appendix C Recommendations Regarding Xcel Energy 17 Appendix D List of Street Lighting Providers 22 Appendix E References for Alternative Street Lighting Providers 35 Appendix F Decision Making Tool Worksheets 53 Appendix G General Findings 58 3 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Suburban Rate Authority(SRA) Street Lighting Review Chapter 1—Introduction HPC prepared this report for the Suburban Rate Authority(SRA). The Suburban Rate Authority is a municipal joint powers organization formed under Minnesota Statutes, Section 471.59. It consists of 31 Twin Cities suburban cities (Appendix A is the current member list). The SRA is chartered to participate in matters relating to electricity, gas,telecommunications, and water and sewer utilities. The SRA was formed in 1963 as a regulatory body and was reconstituted in 1975 when the Legislature formed the Public Utilities Commission as the state regulator of rates and services for investor-owned electricity, gas and telephone companies. HPC provides management services and consulting for energy-related initiatives, ventures and companies and has extensive experience in energy and utilities. Stephen Caskey was the lead consultant on this engagement with additional consulting support provided by Elsie Martin. (Appendix B contains consultant backgrounds and qualifications). Engagement HPC was retained by the SRA to review street lighting options,technologies and issues due to concerns with the offerings, performance and commitment of the incumbent provider for most SRA cities,Xcel Energy. This review included an assessment of specific issues and concerns that most of the member cities had with Xcel Energy. The resulting report provides information and tools that each member of the SRA can use for future street lighting decisions. Current Situation The subject of this report is municipal street lighting equipment and services. Street lighting equipment and services have been deregulated by the PUC since 1992. In Xcel's service territory, however,the provision of street lighting equipment and services are tariffed setting forth charges based on lighting technology and whether the city owns its own equipment or leases equipment from Xcel. Cities may own and maintain their own street lighting facilities or retain Xcel or other third-party providers to maintain that equipment. The extent of legal commitment a city has with Xcel or other provider for equipment lease or maintenance services is a matter for each city to review on a case-by-case basis. Process HPC consultants conducted extensive interviews in order to understand the issues,the opportunities and the complexities involved in decision making around street lighting.The interview process included multiple interviews of • representatives of various SRA member cities, • representatives of Xcel Energy, • multiple alternative street lighting service providers and their references, and • several manufacturers of street lighting technologies. HPC also conducted a review and analysis of lighting technologies and related research. 4 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Through this process, but especially from the discussions with SRA members, HPC was able to develop a set of decision objectives important to street lighting decisions. These objectives are shown here below and in Chapter 5. This set of criteria provides a guide for future decision making and is the foundation for the Decision Making Tool described in Chapter 5. Suburban Rate Authority(SRA) Importance Criteria for evaluating Street Lighting Options Maximize Customer Service Maximize Minimize Health&Safety Comply w/ Minimize Maximize Minimize Maximize Maximize Life-cycle of City Laws& Lamp-out Security of Environmental Aesthetics of Stakeholder Costs employees& Regulations Time Public Impacts Fixtures Relations contractors HPC identified and validated the availability of a number of street lighting service providers as viable alternatives to the incumbent provider. Similarly, HPC identified several lamp technologies that are now feasible options to the currently predominate high pressure sodium lamps. The following chapters lay out these options and provide a framework for assessing them. 5 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Suburban Rate Authority(SRA) Street Lighting Review Chapter 2—Emerging Technologies and Issues Municipal street lighting is beginning to be influenced by technological change driven by cost, service quality and environmental issues. For so long, low cost off-peak energy to run street lighting did not make this an area for innovation. Small incremental changes in lamps and fixtures were sufficient to satisfy customers. As cities' budgets have gotten tighter and energy efficiency has become one strategy to save money, more attention is being paid to street lighting. Besides more efficient lamps,vendors are offering a variety of automation technologies to improve the overall cost of operating and maintaining street lighting systems and to provide better overall quality of service. Lamps The table below compares the currently predominate lamp for street lighting, high pressure sodium, to a variety of new or emerging lighting technologies. The common characteristics of the alternative technologies are that they provide "white light"for better visibility, lower energy consumption for comparable lighting, and less hazardous waste (mercury) generation. A couple of the newer technologies, Induction and LED, also promise considerably longer lamp life that significantly reduces life cycle costs although they have not been on the market long enough to verify the expectations. Ceramic metal halide and induction lighting are commercially available and cost competitive today although they are not available in as many fixtures as HP Sodium. LED and plasma lamps are available but are still considered emerging technologies where significant development will need to take place to make them reliable and cost competitive alternatives. IES (Illuminating Engineering Society of North America—www.iesna.org) sets lighting standards that impact how lighting applications are designed. Changes in IES standards will need to be made to get the full energy efficiency benefits through lower lamp sizes or fewer lamps per mile. Automation Recognizing that street lights represent a significant investment in assets that are scattered geographically,vendors are beginning to offer information management tools as well as automation technologies, such as wireless communications systems, for managing these types of assets. These coupled with geographic information systems generally installed by cities can provide better information and control of street lighting to reduce energy consumption, provide more timely lamp and fixture replacements, and provide faster emergency response. A non utility street lighting provider, Reluminate, offers a software tool that records the various street lighting assets by location and enables the customer to send directly to them the location of a lamp outage for them to replace. They are also looking to provide wireless mesh communications systems for monitoring and control of the street lighting system. Utility street lighting providers generally include street lighting into their outage management systems but generally not into their GIS systems. Solar As street lighting becomes more efficient,the viability of powering it by photovoltaic sources increases since the amount of energy storage needed would be substantially less. This may not eliminate the need for a utility supply but may be able to significantly reduce the amount of energy purchased from the utility. Vendors are developing small scale solar systems for commercial applications. 6 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Environmental Issues For lighting quality and energy efficiency, it is expected that high pressure sodium lamps will eventually be phased out of the market place just like concerns about hazardous waste generation and energy efficiency are causing mercury vapor lamps and incandescent bulbs to be phased out in the near future. Cities need to be aware of legislation that may make the majority of their existing street lights obsolete. Movement away from high pressure sodium may be a good strategy for cities as they replace older systems. Light pollution is not a new issue but one that continues to be present. Some cities may already have "dark sky" ordinances requiring fixtures to minimize the amount of light directed skyward. States may take actions to establish standards for such ordinances. There will continue to be pressure to make outdoor lighting more task-oriented to minimize unnecessary lighting of the outdoors. Comparison of New and Emerging Lighting Technologies HP Sodium Ceramic Metal Halide Induction LED Plasma Commercial Availability current std now now Emerging Developing 2-5 yrs 5-7 yrs Power Usage (watt) 118 85 55 78 49 (est*) Efficiency (lumens/watt) 60 106 63.6 57.5 120 Energy Savings (%)vs HPS 0 28 53 34 58 (est*) Lamp Life (hours) 30,000 24,000 60,000 100,000 30,000 Color Rendition (CRI) 21 70 80+ 90+ 95 S/P Ratio 0.57 1.57 1.62 1.9 ? Mercury(milligrams) 11-13 1.2-2.4 5.4-7.3 0 some Lamp Cost versus HPS 1x 2x 3-5x 6-8x ** Sources: Lighting Research Center, Rensselaer Polytechnic Institute,January, 2008 City of Oakland Study,January, 2008 Philips Lighting, August, 2008 (HPS, ceramic metal halide and induction technologies) AITI Corporation,August, 2008 (induction lighting technology) Luxim Corporation, August, 2008 (plasma lighting technology) CRI: A measure of how well the artificial light will render color, on a scale of 1-100 with 100 being perfect color rendering S/P Ratio: ratio of scotopic lumens (what the eyes see)to photopic lumens (what is traditionally measured by a light meter),the higher the number the better the night visibility * extrapolated data from a 180 watt lamp comparison ** manufacturer claims cost effective for applications requiring 10,000 lumens or greater 7 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Suburban Rate Authority(SRA) Street Lighting Review Chapter 3—Street Lighting Service Providers Historically, street lighting was a monopoly service provided by electric utilities.This service was one of the first applications for electricity when the electric utility business began. Street lighting is still dominated by electric utilities nationally and within the Twin Cities metropolitan area. It is one of the few end uses of electricity still marketed and sold directly by utilities. For the purpose of this report, street lighting services encompass design, installation, maintenance, and repair of street light systems. Xcel Energy Xcel Energy,the incumbent utility provider of street lighting services to most of the SRA member cities, expects to continue in the street lighting services business.The majority of their street lighting services are sold under various tariffs regulated by the PUC. Over the last 5 years or so, Xcel has begun to limit the number of fixture and lamp options they provide in an effort to lower cost. SRA members have perceived a decline in service response and performance and have questioned Xcel's long term commitment to the street lighting business.Appendix C contains a summary of HPC's discussion with Xcel related to services,tariffs and policies. Even if they begin today to move to other providers, SRA cities will continue for some time to come to have street lighting provided by Xcel Energy. And, there are sound reasons why some cities may desire to continue indefinitely to purchase their street lighting from Xcel. However,the cities need to work with Xcel to bring about improvements in communications and quality of service. Specific recommendations for SRA consideration are contained in Appendix C. Alternative Providers Over the years, competitive options for providing street lighting services have become available.These alternative providers perform some or all of the services required. The competitors to incumbent utilities fall into the following categories: 1. Other utilities expanding beyond their existing service territories 2. Commercial lighting companies expanding into municipal lighting 3. Dedicated municipal lighting companies 4. Cities who manage their own street lighting expanding beyond their city limits 5. Electrical contractors that have experience with various providers Appendix D contains a listing of the alternative providers that were contacted as part of this process and information obtained during the discussions with them. Appendix E contains follow up conversations with references provided by some of the providers.This list is not meant to be complete but is a representative sample of alternative street lighting service providers and their capabilities. It is meant to demonstrate that competitive options are available to SRA member cities if they desire to change providers. 8 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Suburban Rate Authority(SRA) Street Lighting Review Chapter 4—Grants and Rebates Deploying new technologies will require the cities to make some additional upfront investment. To improve the payback, cities can take advantage of a variety of programs to lower the upfront costs or to reduce financing costs. Some examples of programs cities can consider are listed below. Rebates Xcel Energy is looking into providing lighting rebates for high efficiency street lighting, such as induction lighting and LED, as they do for indoor lighting. This program is currently under consideration and will likely take months to develop and obtain regulatory approvals. It is not a given that these rebates will be available to cities who continue to receive their street lighting services from Xcel. In the interim, cities may be able to take advantage of Xcel's custom energy efficiency program. Xcel offers rebates of up to$200/kW saved. These rebates need to be applied for prior to procurement and installation of equipment. This program is applicable where cities are doing major projects involving hundreds of lamps to make it worth the time to do the paperwork. The PUC is setting increasingly higher conservation goals for Xcel. The Conservation Improvement Program (CIP)will need to be significantly expanded to meet these goals. There is an opportunity to propose programs around reducing energy demand for street lighting that can provide funds to reduce the cities' cost for newer, more efficient systems. Grants The cities individually or through the SRA may want to pursue funding for major trial systems deploying more efficient street lighting technologies by way of Xcel's renewable development fund (RDF). More efficient lighting technologies coupled with photovoltaics may be an attractive proposal for RDF funding. Loans Lighting manufacturer AITI indicates they can provide very low cost loans (3%)to purchase their induction lighting. Their product is qualified under the Clinton Climate Initiative which allows them to tap into this low cost financing made available by 5 major banks. Revenue It is expected that carbon emissions will become a tradable commodity. Cities may be able to obtain carbon credits for reducing energy consumption from street lighting. These credits could be another source of funding for installing more efficient street lighting technologies in the future. If cities are already a part of the Chicago Climate Exchange or other such organizations,they have the ability now to create a new revenue stream for reducing energy consumption. 9 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Suburban Rate Authority(SRA) Street Lighting Review Chapter 5—Decision Making Tool This section and the accompanying worksheets in Appendix F are a guide, or decision making tool, to help cities breakdown and consider the many complex issues that are involved in making a decision about street lighting. This tool will help cities ask and answer the pertinent questions needed to make a complete and informed decision regarding replacement of an existing street lighting system or installation of a new street lighting system. The cities will likely have additional issues they will want to consider but this tool and these questions are meant as a starting point for discussion. All these worksheets and guides follow the logic of multi-objective decision analysis, a methodology based in the science of operations research. Operations research is the discipline of applying advanced analytical methods to help make better decisions. Here are the steps to help breakdown a complex decision into manageable pieces: 1. Frame the problem What is in scope, what is out of scope? This project's scope was defined to include a review of street lighting options for cities in the SRA. It was not to include a review of other municipal services such as traffic lights, or street maintenance. Nor was it to include indoor lighting. Defining what is in scope helps to bound a large, intractable problem by taking out some details and eliminating over-arching assumptions that are not negotiable. For example, the breadth of city services was not a debatable subject; cities could not decide to eliminate street lighting service. 2. Structure objectives What are the SRA cities' objectives for Street Lighting? What do cities want and value from Street Lighting? Identify objectives by determining what is important to the city and its constituents. The scope of the project and time constraints among city public works managers did not allow members of the SRA to be directly involved in the development of the value criteria listed below in Table 1 "Objectives". The criteria were derived from HPC consultants' conversations with SRA members and their understanding of street lighting. The criteria should be used as a starting point for each city as they talk about what is most important when evaluating Street Lighting options. This step is critically important! Take time to talk about what is fundamentally important within the scope of the decision BEFORE generating a list of options or ideas for what can be done. Decision makers often jump directly to figuring out what to do without clearly articulating what is wanted and needed. Each city has a unique set of values and its leadership should debate and clarify those values. Keep in mind that some of these wants and objectives will be in conflict, for example minimizing costs and maximizing aesthetics. That conflict is appropriate and will be incorporated into the review in a later step. 10 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Table 1 "Objectives" Suburban Rate Authority(SRA) Importance Criteria for evaluating Street Lighting Options Maximize Customer Service Maximize Minimize Health&Safety Comply w/ Minimize Maximize Minimize Maximize Maximize Life-cycle of City Laws& Lamp-out Security of Environmental Aesthetics of Stakeholder Costs employees& Regulations Time Public Impacts Fixtures Relations contractors • Is this one needed? • Design& •Installation costs Are there crew • CityPreventive • Roadway • Energy • Choices of • with City Council with Residents (incl fixture cost) safety issues that • Countymaintenance safety efficiency: fixtures would be relevant • Lamplife power usage • Look of • with St Lighting • Maintenance costs State Citizen providers (incl warranty of when comparing • Federal • Lumen personal (watts)& fixtures with City street lighting depreciation lumens/watt fixtures) P security employees • Energy costs options from Xcel Frequency of • Quality of • "Dark sky" vs.city-owned vs. knock-downs light pollution • Disposal costs light: Color from alternative • Trouble • Hazardous • Recovery of costs providers? rendition(CRI) from knock-downs response &S/P ratio waste(e.g., • Admin work for time • Dispersion of mercury in cities • Accuracy of light lamps) maps • #&Location • Availability of of poles Key Principles for Objectives Hierarchy crews& • Comprehensive equipment • Fundamental(ends,not means) • Relevant • Non-redundant,no overlap • Measurable • Independent • Minimal in number • NOTE:Boxes are NOT equally important September 5,2008 3. Define performance measures Construct measurable scales for the objectives. This step may be abbreviated, especially if there is a general understanding of what is meant by each objective. The financial objective, however, must include appropriate measures of life-cycle costs. 4. Assess importance weights What decision criteria (objectives) are very important (HIGH), somewhat important (MED) and not very important (LOW)? This step incorporates the conflicts between objectives into the review. Evaluate the relative importance of the various objectives shown in Table 1 "Objectives". Rank the criteria. Ranking will often be different for each city. For example, how important is speed of responding compared with aesthetics of lamp fixtures? For some cities, aesthetics is very important; for other cities,the look of a fixture is less important. What tradeoffs must be made? In the example replacement decision shown in the worksheets of Appendix F, the rankings are as follows: 11 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 HIGH 1) Minimize Life-cycle costs 2) Minimize Lamp-out Time MED 3) Maximize Security of Public 4) Maximize Aesthetics of fixtures 5) Minimize Environmental Impacts LOW 6) Comply with Laws & Regulations 7) Maximize Stakeholder Relations 5. Build alternatives What are street lighting options? In this step, decision participants should list decisions and brainstorm different alternatives for each of the individual decisions. The "Decisions"worksheet in Appendix F provides an example list of decisions (row 7) and their accompanying decision alternatives (rows 10 through 22 under columns B through J). Each city should look at these categories and add to or subtract from them. Add columns if there are more decisions, fill in more alternatives down the columns. Do not worry about feasibility of the alternatives in this brainstorming step. The purpose is to generate lots of ideas. Next, pick some strategies (or groups of decisions)that the city would like to evaluate. Build a strategy set by choosing possible alternatives in each column. In this manner, do consider feasibility and only chose those alternatives that"make sense" and merit further review and analysis. An example set of five strategies for a 29-light system replacement is framed with a box in the "Strategies"worksheet. The strategies are named and numbered: Replace02_Xcel_prepay Replace03_Xcel_lease Replace04_InfraS Replace05_Relum Replace06_Sig&WH Resp 6. Evaluate alternatives How do the different alternatives compare? Assess the risks and benefits. Compare individual strategies within the group by going through the checklist in the "Issues& Questions" worksheet. Answer questions,fill in available data. Evaluate the pluses and minuses of the different options—of staying with Xcel, of managing a city- owned system, of choosing an alternative provider with preventive maintenance. The questions and answers for the 29-light system replacement example, shown in the "Issues & Questions" worksheet, are hypothetical to help illustrate the process. Spend the most time with questions around the objectives that are most important to the city. 12 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 7. Put it all together Finally, step back from the details. Are you ready to make a decision? Have you talked about what is most important? Have you researched your concerns? Does it "feel" right? Do you need to do more research or cost analysis? 13 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Suburban Rate Authority(SRA) Street Lighting Review Chapter 6—Key Findings and Recommendations Key Findings Cities that have relied on Xcel for the bulk of their street lighting are generally unfamiliar with the life- cycle costs as well as the technological and political issues that are emerging around this service. In addition, street lighting decisions will only become more complex as cities balance tradeoffs—such as reducing installation costs, lowering energy costs, shortening response times, improving light quality, minimizing hazardous waste, and improving fixture aesthetics. Changes in lighting technologies add an even greater complexity to these decisions. Xcel will likely continue to offer street lighting services. Those services, however, may only include a limited range of options and services. Absent action by the Cities, Xcel's performance will likely stay the same or even decline. Alternative street lighting providers are available in the Twin Cities' market as an option to Xcel or city-owned systems. Some new lighting and information technologies are commercially available today; others are in developmental stages. These technologies can provide better overall cost and performance of street lighting systems. The current lighting choice—high pressure sodium—will become obsolete in the not too distant future due to cost competition and environmental concerns. The newer lighting technologies provide "white light"—which has better light quality, more energy efficiency and lower mercury content than high pressure sodium. (A detailed listing of general findings is available in Appendix G) Recommendations 1. At a minimum, cities need to become more involved in street lighting management. They cannot rely on Xcel to "do it all" and expect good service and multiple lighting options unless they engage in active dialogue with Xcel. 2. Cities need to start planning now for lighting systems requiring replacement in the next couple years. This report provides some information and tools to help with that planning process. 3. Leveraging the collective efforts of the cities with Xcel and the PUC can bring about improvements from Xcel. The opportunity for joint action is part of the advantage that SRA cities have over other individual municipalities. 4. If cities want to deploy new technologies or to have a broader range of lighting fixtures, they may need to partner with alternative street lighting providers or own the systems themselves. Even with joint action, the cities may not be able to make big changes at Xcel. Xcel's core business is not street lighting and it is unlikely that the company will be out in front offering new technologies unless it puts a renewed focus on this business. 5. In order to make an orderly transition away from soon-to-be-obsolete high pressure sodium, cities need to begin transitioning to newer lighting technologies. Induction and ceramic metal halide lamps should be seriously considered in the near term. 6. Cities need to stay aware of changing legislation that might impact outdoor lighting. 14 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Suburban Rate Authority(SRA) Street Lighting Review Appendix A—2008 SRA MEMBER CITIES Bloomington Maple Grove Brooklyn Park Maple Plain Burnsville Maplewood Chanhassen Minnetonka Circle Pines Mound Columbia Heights Oakdale Deephaven Orono Eden Prairie Plymouth Edina Robbinsdale Fridley Roseville Golden Valley Shakopee Hastings Shoreview Hopkins Spring Lake Park Lauderdale Spring Park Long Lake Wayzata Woodbury 15 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Suburban Rate Authority(SRA) Street Lighting Review Appendix B—Consultant Qualifications Stephen Caskey,vice president/general partner of HPC, LLC, has assisted a variety of clients in areas of utility operations, contracting and renewable energy development since HPC was formed in 2003. He was a 30 year utility veteran with NSP and Xcel Energy with a background in electric supply, electric transmission, and gas and electric distribution.The last position held at the utility was as managing director of business strategy for Xcel's Energy Delivery Unit. He holds a BS in Electrical Engineering from the University of Minnesota and is a graduate of the Minnesota Management Institute at the Carlson School of Management. (More background is available on www.hpc-Ilc.com) Elsie Martin, president, Myers Martin Consulting, LLC has collaborated with HPC on a number of engagements. She assists organizations in priority setting and decision analysis to solve strategic challenges. She has over 25 years of experience working as an internal consultant at a large, investor- owned electric and gas utility (NSP and Xcel Energy). She holds a BA in Mathematics from Carleton College, a MAT from Northwestern University and a MS in Operations Research and Systems Analysis from the University of North Carolina. (More background is available on www.myersmartinconsulting.com) 16 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Suburban Rate Authority(SRA) Street Lighting Review Appendix C—Recommendations regarding Xcel Energy The following recommendations could benefit all members of the SRA and pursuing them as a group may have some advantages. Recommendations: 1. Request improved accountability for street lighting performance. 2. Request improved communications and monitoring related to the ongoing preventive maintenance program. 3. Request city specific service metrics. 4. Request improvement to street lighting outage reporting processes and systems (phone and web)to better direct outage reporting to Xcel. 5. Request, at a minimum, annual reporting to each city on performance and status of lighting systems. 6. Request funding to assess and pilot emerging lighting technologies to enable more rapid deployment of new technologies, especially more energy efficient technologies. 7. Request a change in policy such that"Group V" system ownership reverts back to the city after 25 years. 8. Request that street lighting rebates be developed so that all cities can benefit from them, whether or not Xcel provides the lighting service. 1. Accountability Xcel's Community Relations organization is generally the cities key contact with Xcel. It act as Xcel's "sales" organization for the municipal market. Its level of involvement with selling street lighting services can vary depending upon the particular community service representative. Much of the selling and account servicing of street lighting falls on the Xcel's street lighting operating department.This can create disconnects and lack of clear accountability for performance. The SRA members should consider requiring Xcel to provide annual performance reports to the cities based on establishing agreed to performance standards.The SRA members should consider negotiating with Xcel the establishment of penalties if performance standards are not met. If Xcel is unwilling to provide this,the SRA can request that the PUC establish such standards, reporting and penalties. Suggested measures are, • Number of hours to get lighting back in service • Number of outages per 100 lamps • Percentage of planned lamp, pole and circuit replacements achieved (preventive maintenance program) • Time to resolve complaints 2. Preventive Maintenance The cities perceive that Xcel tends to operate in a reactive mode rather than proactively doing lamp replacements. If Xcel is doing any preventive maintenance, it is generally unknown to the cities. 17 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 The SRA members should consider working with Xcel to improve communications relative to preventive maintenance programs, develop an agreed upon preventive maintenance objective and method of monitoring. 3. Performance Measures The cities do not know how well Xcel street lighting department is performing within their communities. This makes it difficult to reconcile between citizen complaints and Xcel's position on issues of service quality. The SRA members should consider requesting that Xcel report quarterly service quality performance by city.These measures should be consistent with any agreed to performance standards discussed earlier. 4. Outage Reporting Cities do not like to field street light outage calls when they have no responsibility for responding. Xcel has not made it easy for the cities in this regard and,therefore,the process can delay getting the street lights back in service. The SRA should consider working with Xcel to develop street light outage reporting systems and processes that can improve the outage reporting process and minimize the cities' involvement while also improving performance. Improvements are needed especially where extra steps in phone answering and relaying of outage reports only cause delays. Features to consider are, • A dedicated Xcel phone number for street light outages clearly communicated to residents • City phone systems set up to automatically direct outage calls to the dedicated Xcel phone number • Improvements in the web-based reporting system established by Xcel so cities can establish links to it on their web sites • Systems set up to properly direct outage reports between the city and Xcel to get them directed to the party with the responsibility 5. Annual Reporting The cities get little regular information on the status and performance of the street lighting systems within their communities that are managed by Xcel. As lighting systems age, there will be an increasing need to make decisions on replacements. Currently, the cities are generally caught by surprise when Xcel recommends that a replacement needs to be done soon. They are not prepared to make replacement decisions nor have they properly budgeted for them. The SRA should consider requiring that at least annually Xcel provide a report that summarizes system performance, adherence to the preventive maintenance program and upcoming needs for specific system replacement. 18 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 6. Emerging Technologies As energy costs rise and communities pursue strategies to reduce their environmental impacts, cities are looking at opportunities to deploy new technologies for street lighting and want their street lighting providers to be diligently exploring new technologies. The SRA should work to get Xcel's commitment to invest in assessing and piloting new street lighting technologies, especially those that are more efficient. Xcel needs to increase spending on conservation programs. SRA may want to pursue funds for research and piloting from Xcel's Conservation Improvement Program (CIP)to push along the implementation of new technologies. 7. Policy Changes The current Xcel policy regarding "Group V" installations results in the cities losing control of the asset even though they have paid for it up front and are obligated to pay for replacement when Xcel requests it. The SRA should work with Xcel to develop changes to the "Group V"tariff that at a minimum provide an option of having the assets revert back to the cities after the 25 years (the contract term). 8. Rebates Xcel has begun the process to develop lighting rebates for street lighting as part of their Conservation Improvement Program (CIP). These programs require regulatory approvals. It is not clear whether access to the program will be available to Xcel's street lighting customers since they are not directly purchasing the lamps. In other words, can Xcel's street lighting business, which supplies a large percentage of the street lighting systems in their service territory, offer the rebates to its customers? Lack of access to those rebates would put Xcel's street lighting business at a cost disadvantage. The SRA should support a means by which cities who continue to use Xcel's as their street lighting provider can access the same lighting rebates as those who use alternative providers. 19 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Meeting on Xcel Street Lighting Services and Tariffs June 10, 2008 Attendees: Steve Caskey(HPC), Steve Huso (Xcel), Bob Schommer(Xcel) Xcel stresses that cities need to be sure to look at the life-cycle costs (installation, maintenance and replacement over systems life time). Besides lamp replacement, maintenance includes dealing with locating, knockdowns and underground issues of replacement and repair. Xcel believes some cities don't want to be in the street lighting business. Others have been but now don't know what to do about their system. Xcel knows it cannot provide a lowest cost design/installation (first cost) but believes it offers a competitive life-cycle cost and a certain amount of convenience to its customers. Its business model is to • Provide a limited set of lighting fixtures and lamps that meet the majority of the needs • This limited set of options enables volume purchasing to provide very cost competitive maintenance services • Do not participate in RFP's since they are driven by lowest first cost decisions (it knows they are not competitive so why spend the time bidding) • Where a city wants to work with them directly, it will provide services, some of them regulated. • Balance the number of offerings with the cost to maintain.Too many fixture and lamp options increase the amount of component inventory and make it harder to perform maintenance since field techs may not be familiar with all of the variations. • Provides responsive lamp replacement service, lamp replacements within 72 hrs (performance has improved from 81%within 72 hrs in '06 to 85%within 72 hrs in '07 to 85%of the service calls within 24 hrs) Eighteen Xcel employees are dedicated to street lighting in the metro area plus the use contractors.The field workers are dispersed at service centers throughout the metro area. It operates a call center and administrative office is in St Paul. Xcel believes LED technology is not be ready for prime time. Some manufacturers have gone out of business and GE and Philips have advised that it isn't quite there yet. Heat dissipation is the problem that needs to be solved. Xcel is planning to partner with Brooklyn Park on an LED trial this year to test the current technology and get community reaction. The very white light will be quite a bit different than HP sodium which residents may or may not like. LED technology can put out a more focused light which may be beneficial for addressing dispersion issues and "dark sky" requirements.The upfront cost is high but they are forecast to last 20 years and use substantially less energy. Deploying this technology will require Xcel to redo some of its tariffs. The main street lighting tariffs are summarized below: Tariffs—Leased system Xcel designs, installs and maintains as long as a city desires for the flat monthly fee per fixture/lamp. This is a regulated service with pricing based on embedded costs. Xcel will replace as needed at no 20 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 additional cost to the city except as the replacement costs push up the overall embedded cost over time.This can be a perpetual service. The city has to initiate any change, a replace to a different fixture or removal. Xcel believes that a city is locked in for about 5-10 years after an initial installation or full replacement of a lighting circuit so it can reasonably recover their costs Tariff—Prepaid (Group V) Xcel or another entity designs and installs a system to Xcel standards and using Xcel standard components.The city pays for it upfront. Xcel does the maintenance and is responsible for notifying the city when replacement is necessary.At time of replacement,the city has a decision point. If city wants to proceed without Xcel, Xcel has the responsibility for removal of the existing system. Tariff A32 This tariff is used where Xcel provides maintenance on a non-regulated basis for a city owned system that meets Xcel's standards.This tariff is just for the energy for non-metered systems. For all non-metered tariffs, an energy consumption value is calculated for the purpose of applying fuel adjustment clauses and other riders. Xcel does not provide a flat rate, non-metered energy service for systems on which they do not perform maintenance. They have no way of monitoring changes to the system, such as added fixtures or relamping, and therefore lack the ability to reasonably estimate energy charges. By internal policy, Xcel does not sell its assets. It is protecting its rate base as well as its limiting liability for problems on systems they may sell. It's not clear if Xcel would seriously entertain selling these assets. Xcel operates under the National Electric Safety code while the cities and others operate under the National Electric Code.This can create differences in how a system is built such that cities might have additional costs in addition to the metering requirements if they took over one of the utility-built systems. Xcel technically cannot do maintenance on systems built by others that fall under the National Electric Code since these require licensed electricians to work on aspects of them. Xcel would have to hire that out since their field workers are not licensed electricians. 21 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Suburban Rate Authority(SRA) Street Lighting Review Appendix D—List of Street Lighting Providers Name Contact Strengths Weaknesses Serving Utility Xcel Energy Bob Schommer, Street One-stop shopping, Standard fixtures Lighting manager, 651- low cost?, will handle only, complaints of 229-2402 everything for city, poor service response Pat Cline, Community able to finance times, no preventive Relations, 612-337-2102 maintenance Adjacent Utilities looking to expand Connexus Lee Offerman, 763-323- One-stop shopping, Not as centrally 2711 wide variety of fixture located, limited options, able to experience outside finance/lease their service territory Wright Hennepin Phil Glawe, 763-477- One-stop shopping, Not as centrally Response 3096 wide variety of fixture located, limited options, able to experience outside finance/lease their service territory Regional Cities looking to expand City of Saint Paul has Paul St Martin, 651-266- Extensive experience Only an option for interest in doing 6118 communities adjacent maintenance work to St Paul Regional companies in commercial lighting looking to expand into municipal lighting Reluminate Joe Brady, 612-378-1677 Track record of good No experience with outage response time, municipalities, Uses info mgmt sys, doesn't offer Interested in trying financing/leases at new technologies this time Regional municipal lighting company Signature Lighting John Olson, 763-753- John Olson worked at Small operation, not 8157 Xcel street lighting and able to offer knows business well financing/leases 22 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Regional Electrical Contractors who can do specific construction and maintenance services but need to do so under direction of city InfraSource Bill Boyle, 320-656-0018 Experience installing Not a full service street lighting systems provider for other, including Xcel Many others National full service lighting companies looking to expand in region Republic ITS Tracy Wierzbicki, 817- National firm, do No presence in the 633-5300 physical audits, offer Twin Cities area financing&ownership as well as long-term maintenance 23 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Suburban Rate Authority—Street Lighting Review Conversation with an Alternative Lighting Provider Alternative Lighting Provider Connexus Energy Name of employees Leo Offerman, 763-323-2711 Date of conversation/meeting July 26, 2008 with Elsie Martin What type of lighting provided How long in business Other comments He wants to meet with Gene Dietz and others in SRA. He thinks Connexus would be a good fit, he wants to hear what their needs are and explain what he offers. Connexus is an electric utility,they only use state licensed electrical contractors. Similar to Xcel,they own and maintain installed outdoor lighting systems. They now do street lighting for cities outside their electric service territory. They have been getting calls from cities in Xcel's service territory. They are not actively seeking markets from Xcel but where they are asked,they will serve (trade courtesy). They are a co-op, non-profit. It is not their goal to aggressively take over business from Xcel but if the territory is not too far away,they will do it. Current customers in Xcel territory include: City of Hugo (they serve electricity to parts of Hugo,Xcel other parts), Sartell, Coon Rapids, Blaine, Ramsey,Andover Services provided Design They do design Installation Connexus comes in and does the install and maintains the system. The difference from others is that Connexus would own the lights, all maintenance costs are theirs. The city has a fixed cost per year with its monthly fee. Contractors would need bid specs. They are not subject to state bid requirements on the initial install. Outage replacement Preventive maintenance They put all lights on a re-lamp schedule to minimize outage calls Locating Underground cable repair Customer Service Service response time 48 hours for lights out, 72 hours if lighting system is outside their service 24 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 territory Reports on response times Average response time Communications Knock downs What happens? Connexus would cover knock downs Who makes the insurance claims? Locating _ Who is responsible for the taking the call? Who is responsible for Connexus would do locating performing the locate? Choices for fixtures and lamps Decorative and Customers have choices. They do have a group of standard fixtures, they contemporary also offer custom. They like to sit down with the customer. Fixtures must be utility grade. Experience with new They have a few LED, they are testing them. The color is not there,the technologies such as LED, energy efficiency is not there. The technology is still changing. solar, induction They have tested some induction but there is no energy savings, there is labor savings but the cost payback is not there yet. Interest in new technologies Understanding of availability and time frame of new technologies System replacement and ownership Whose responsibility? Connexus Metering Metering The lighting systems are metered by the serving utility Experience with other lighting providers _ Xcel outdoor lighting _ Others 25 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Suburban Rate Authority—Street Lighting Review Conversation with an Alternative Lighting Provider Alternative Lighting Provider Reluminate, Inc Name of employees Joe Brady&Ted Fleener, 612-378-1677 Date of conversation/meeting June 13, 2008 with Steve Caskey & Elsie Martin What type of lighting provided Currently they provide outdoor and indoor lighting installation and maintenance for commercial customers, such as banks, shopping centers and property management companies. How long in business 5 years? Other comments Reluminate has been dealing with cities for 2 years in an attempt to get into the municipal lighting market. They had a meeting with SRA cities on January 16. They are planning to expand locally but continue to have all field work done by their own company technicians. They believe they can cut costs and are cheaper than Xcel.They believe their software is a major competitive advantage over Xcel and others in its ability to better manage service orders and preventive maintenance programs. A future use will be using their software in conjunction with city maps. They can overlay them with Reluminate's software to locate lights. EMERGING ISSUE: "Dark sky" legislation has passed in the state of Minnesota encouraging cities to adopt ordinance to minimize light pollution. They believe this may become a bigger issue for cities. Services provided Design They offer a portfolio of services—design, installation (underground and overhead circuitry), ongoing maintenance, including preventive. They would maintain the poles, including re-painting, outage replacement, re- lamp service calls. Installation Yes Outage replacement Yes Preventive maintenance They believe their competitive strength is their software program for monitoring all aspects of the lights, managing the lighting assets. They presently use it to identify each pole and where it is located, height of pole,type of blub, and voltage. It gives a portfolio of their inventory. The software tracks invoicing and when the lamp is put in. The software displays a light (green,yellow or red) based on hours of operation. The hours of operation are calculated based on 3,000 hour life, assuming 10 hours per day use. In addition, guys in the field can take pictures of anomalies with their cell phones and send them in, such as a knockdown. These photos are then online for the customer and can be sent to an 26 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 insurance company. They replace 1/3, 1/3, 1/3 as part of their preventive maintenance program, re-lamping everything over 3 years. Once a lamp starts to re- cycle, it's going bad and will shorten the life of the ballast. There is a big difference in cost between the ballast and lamp. It costs $160-180 to replace a ballast, and they can get that cost down. The ballast has a 12 to 15 year life. By re-lamping, they save the life of the ballast. A cycling lamp will cut the life of a ballast and increase the cost to replace it to $300-$400. This is one way Reluminate believes they can save money for the cities. They also have a product line of 250 W and 400 W metal halide lamps (EYElamp)that can be direct replacements for HP Sodium without having to change the ballasts. Locating If it is their underground cable,they would be responsible for locating. They would subcontract it out. Underground cable repair Yes Customer Service Service response time Within 24 hours Reports on response times On-line Average response time Communications On-line Minneapolis Public Schools use Reluminate. For changing a ballast inside a building, Reluminate could do it in one hour versus 8 hours with 2 guys for a school to do it in house. This is another way that Reliminate can save the cities money. They retro fit inside and do complete analysis and paperwork. Knock downs What happens? For knockdowns, they would charge time and materials. They have knockdowns now in parking lots but they don't handle the insurance claim. They can document what happened and will bill the insurance company. The step they can't do is taking the process from the accident to filing with the insurance company. They will take it from time pole is hit to when it is put back up. Who makes the insurance City claims? Locating Who is responsible for the City taking the call? Who is responsible for If it is their underground cable,they would be responsible for locating. performing the locate? They would subcontract it out. 27 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Choices for fixtures and lamps Decorative and They carry a complete line and wide variety of decorative, show box, contemporary acorn fixtures. Experience with new They are testing LED at the Mall of America in parking ramps. LED lights technologies such as LED, have been around for 20 years but we don't really know how they will solar, induction last. 100,000 hours means 20 years with no replacement of ballast or bulbs. They are extremely expensive but could be a real deal in the next 5 years. LED cuts energy costs by 60-80% and they don't have to be replaced. Interest in new Lighting systems off the grid, a pole that runs off solar power. There is an technologies army base in Texas and manufacturing company in Wisconsin with these light systems. LED is 12 volt and a solar panel is quite feasible. Understanding of availability and time frame of new technologies System replacement and ownership Whose responsibility? Reluminate said that they would be willing to buy assets from Xcel, own them for 10 years and sell them to city for$1. They would be interested in owning lighting systems,financing it. Metering Metering Experience with other lighting providers Xcel outdoor lighting Others When asked about who are their competitors, they said 90%are gypsy, non-licensed electricians. They mentioned Xcel, BLO as selling lighting and changing lighting, Suburban Lighting and Amtec. We were surprised that they didn't mention others. 28 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Suburban Rate Authority—Street Lighting Review Conversation with an Alternative Lighting Provider Alternative Lighting Provider Republic ITS Name of employees Tracy Wierzbicki, 817-633-5300 Date of conversation/meeting August 20, 2008 with Elsie Martin What type of lighting provided Specializes in streetlight and traffic signal maintenance, public infrastructure services, including financing&ownership. How long in business Owner consulting in street lighting since 2001 Other comments They are willing to come to the Twin Cities to meet with the SRA cities. Services provided Design YES Installation YES Outage replacement YES Preventive maintenance YES Locating YES Underground cable repair YES Customer Service Service response time It is different with each community and they would negotiate depending on the needs of the community. For some it is 48 hours, others in might be 5 days, it varies Reports on response times Average response time Communications Knock downs What happens? Republic ITS would fix it. Who makes the insurance The insurance claims are made by the cities. claims? Locating Who is responsible for the The communities take the locating call. taking the call? Who is responsible for Republic ITS would perform the locate. performing the locate? 29 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Choices for fixtures and lamps Decorative and It depends on the city,the can go with the community's standard. They contemporary can provide whatever the city wants Experience with new They are piloting with LED in several communities. They have some technologies such as LED, induction lighting in Florida. They work with all the manufacturers. solar, induction Interest in new technologies Understanding of LED is not ready yet but they want communities to get experience with availability and time frame the technology. of new technologies System replacement and ownership Whose responsibility? It depends on the community. They would do an audit, look at the level of service needed and work with the utility. It is different with every community Metering Metering They work with the community and the serving utility Experience with other lighting providers Xcel outdoor lighting Others 30 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Suburban Rate Authority—Street Lighting Review Conversation with an Alternative Lighting Provider Alternative Lighting Provider Signature Lighting Reference Name, Company John Olson, 763-753-8157 Date of conversation June 27, 2008,with Steve Caskey What type of lighting provided Provides design, installation and maintenance How long Since 2004 Other comments Has provided a quote to the City of Eden Prairie for a replacement system. They teamed with WHResponse in bidding a complete package of services. They see cities expanding their community lighting especially along access roads to developments where the developers have installed lighting.They also see that cities want pretty as well as safe street lighting. Fewer and fewer cities are satisfied with the utilitarian systems. Signature has a couple of employees responsible for sales, design, procurement and installation project management.They have done work for cities as well as developers Services provided Design They do design, it's their forte. Installation They manage the installation process.They contract with Quality Underground Construction for installation services. (Quality does similar work for Xcel) Outage replacement They do some maintenance work.This work is also performed by Quality and others depending upon location. Preventive maintenance Locating Can provide via contractors such as Quality Underground cable repair Can provide via contractors such as Quality Customer Service Service response time Their clients, who own their own lighting systems, often hold a spare street light for emergency replacement. Signature will then automatically procure a replacement when the spare goes into service. Reports on response times Average response time Communications 31 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Knock downs What happens? Who makes the insurance claims? Locating Who is responsible for the taking the call? Who is responsible for performing the locate? Choices for fixtures and lamps Decorative and They provide a wide variety of lighting options and they see municipalities contemporary desiring more options. They will work with customers to find the fixtures that best meet their needs. Experience with new They have not provided any LED systems to-date but are staying on top of technologies such as LED, this emerging technology. The current cost of LED's are about 7X solar, induction conventional lamps.They believe the costs need to get down to 2-3X before the market will move to it.They understand that heat issues still need to be worked out. Interest in new There are some control systems for lighting on the market that may be of technologies interest.These systems allow a city to move away from just photocell control. Ideal for situations where some lighting can be turned off in low traffic times. Understanding of Appears to be generally knowledgeable. availability and time frame of new technologies System replacement and ownership Whose responsibility? Signature has had a few inquires on this although they are not convinced that leasing the system is in the best interest of the city. Metering Metering Experience with other lighting providers Xcel outdoor lighting John had worked for many years in Xcel's outdoor lighting group. He started Signature Lighting when he left Xcel during the time Xcel was considering getting out of the street lighting business. Others 32 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Suburban Rate Authority—Street Lighting Review Conversation with an Alternative Lighting Provider Alternative Lighting Provider WHResponse Reference Name, Company Phil Glawe, 763-477-3096 Date of conversation June 27, 2008,with Steve Caskey What type of lighting provided They are able to provide a full range of maintenance services (outage response, preventative, knockdown repair/replacement, pole maint). How long For the last 3+yrs have been offering street lighting services outside their service area (Wright- Hennepin Electric Cooperative) Other comments Has provided a quote to the City of Eden Prairie for maintenance services for a replacement system.They teamed with Signature Lighting in bidding a complete package of services. They see cities expanding their community lighting especially along access roads to developments where the developers have installed lighting.They also see that cities want pretty as well as safe street lighting. Fewer and fewer cities are satisfied with the utilitarian systems. They have been doing street lighting within their service area for many years. It has been a struggle for them to get long term maintenance agreements such as those Xcel gets. Services provided Design Yes Installation Yes Outage replacement They do some maintenance work.This is their forte.This work is performed generally by outside contractors but they can also tap WHE field crews. Preventive maintenance Their preventative maintenance program calls for a 5 yr relamping schedule. Locating They are willing to provide locating services.This would be an added cost. There are also a number of issues related to the processing of the locating ticket that needs to be worked out with a city to make it work. Underground cable repair Yes Customer Service Service response time They commit to a 72 hour outage response time and generally achieve it within 48 hours. Between distributors and the subcontractors, adequate lamp and ballast inventories are maintained for the large variety of 33 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 lighting system. Reports on response times Average response time Communications Knock downs What happens? They take full responsibility for insurance claims on knockdowns.They city only needs to provide the police report. Who makes the insurance They will claims? Locating Who is responsible for the They will taking the call? Who is responsible for They use Quality and L&P out of Maple Lake to do locating. performing the locate? Choices for fixtures and lamps Decorative and They provide a wide variety of lighting options contemporary Experience with new Not aware of any technologies such as LED, solar, induction Interest in new technologies Understanding of Generally aware availability and time frame of new technologies System replacement and ownership Whose responsibility? They are willing to provide a full maintenance package for a flat per fixture monthly fee just like the Group V maintenance. Metering Metering Experience with other lighting providers Xcel outdoor lighting Have worked in communities served by Xcel Others 34 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Suburban Rate Authority(SRA) Street Lighting Review Appendix E—References for Alternative Street Lighting Providers Lighting Reference City or Company Contact Conversation, Provider see separate pages below Connexus Energy Leo Offerman, 763-323-2711 July 26, 2008, E Martin Connexus City of Andover Dave Berkowitz, 763-767- July 28, 2008, Energy 5130 E Martin Connexus City of Hugo Chris Petree, 651-762-6316 Energy Connexus City of Sartell Brad Borders, Public Works Energy Director, 320-258-7304 InfraSource,A Quanta Services Company Bill Boyle, 320-656-0018 July 24, 2008, bill.boyle@infrasourceinc.com E Martin InfraSource City of Prior Lake Steve Albrecht, 952-447-9890 InfraSource City of Savage John Wickman, 952-882-2660 Reluminate Joe Brady&Ted Fleener, 612- Jun 13, 2008, 378-1677 S Caskey& E Martin Reluminate Wells Fargo Ted Narveson, 612-667-0703 July 23, 2008, E Martin Reluminate USBank Terry Stade, 763-536-5303 July 24, 2008, E Martin Republic ITS Tracy Wierzbicki, 817-633- Aug 20, 2008, 5300 E Martin Republic ITS See brochure (pdf file)for listing of references Signature Lighting John Olson, 763-753-8157 Jun 27, 2008, S Caskey Signature Chisago City John Pechman,Administrator, July 31, 2008, Lighting 651-257-4162 E Martin Signature City of Crystal Mick Cyert, Project Manager, July 31, 2008, Lighting 763-531-1161 E Martin Signature More references listed below. Lighting Wright Hennepin Response Phil Glawe, 763-477-3096 Jun 27, 2008, S Caskey WH Response City of Farmington Kevin Scharzman, City July 28, 2008, 35 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 WH Response has completed 2 Engineer, 651-463-1600 E Martin outdoor decorative lighting turnkey projects for Farmington, one project in 2006 and another Project in 2007. (We have maintenance contracts on both of these projects) WH Response K Hovnanian Homes Shawn Siders, Community Aug 1, 2008, WH Response completed 4 separate Planning Manager, 952-253- E Martin outdoor decorative lighting 0460 contracts in K Hovnanian's Maple Grove- Rush Creek Development In 2007 WH Response City of Monticello John Simola, Public Works WH Response has completed 4 Director, 763-295-3170 outdoor decorative lighting turnkey projects for Monticello since 2005, (we also have maintenance agreements on all 4 of these projects). WH Response City of Lino Lakes Mike Grochala, Director of WH Response has completed 1 Economic Development, 651- outdoor decorative lighting turnkey 982-2427 project for Lino Lakes- 2006-Legacy at Woods Edge and is currently finishing up a change order- Legacy at Woods Edge-phase 2. (We will have maintenance contracts on both these projects) WH Response Backes Companies Dennis Backes, Owner, 763- WH Response completed 1 outdoor 566-1524 decorative streetlight project for one of his Developments in the city of Delano WH Response City of St. Michael Marc Weigle, Community WH Response has an outdoor Development Director, 763- decorative lighting maintenance 497-2041 contract on 3 lights as a pilot project. Signature Lighting Client and Industry References UTILITIES Xcel Energy - Ms. Sarah Conners, Director 1999 - 2004 Wright Hennepin Electric, Mr. Phil Glawe, Manager- 763-477-3000 - current Polk-Burnet Cooperative, Mr. Steve Stroshane, Operations Engineer 715-646-2191 - current 36 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 River Falls Public Utility, Mr. Chuck Beranek, Operations Superintendent 715-425-0928 CITIES Mr. Dave Grommesch, Engineering, City of Burnsville 952-895-4508 Mr. John Pechman, Administrator, Chisago City 651-257-4162 Mr. Mick Cyert, Project Manager, City of Crystal 763-531-1161 Mr. Lee Mann- City Engineer, City of Farmington 651-463-1601 Mr. Dave Iverson, Administrator, City of Glenwood 320-634-5433 Mr. Scott Anderson, Engineering, City of Hugo 651-762-6326 Mr. Mike Grochala, Director of Economic Development, City of Lino Lakes 651-982-2427 Mr. Brent Aretz, Public Works Director, City of Norwood Young America 952-467-1830 Mr. Brian Hilgardner, City Engineer, Empire Township (Bolton and Menk) 952-890-0509 Mr. Tom Hammitt, Engineering, City of Shoreview 651-490-4654 Mr. Bill Marx, Administrator, City of Spooner WI 715-635-8769 Mr. Mike Buchite, Mayor, City of Taylors Falls, 651-465-5133 Mr. John Simola, Public Works Director, City of Monticello 763-295-3170 Mr. Dave Hall, Bridge Architectural Specialist, MNDOT 651-747-2174 DEVELOPERS Mr. Ryan Benson, Senior Land Manager, Pulte Homes 651-255-7151 Mr. Gordie Howe, President, Masterpiece Homes of Minnesota, MN 651-484-3244 Mr. Scott Dahlke, Land Manager, Quality Site Designs 763-550-9056 Mr. John Caroon, Land Coordinator, Ryland Homes 952-229-6000 Ms. Deb Ridgeway, Land Development, Rottlund Homes 651-638-0517 Mr. Ian Peterson, Director of Land Development, Centex Homes - 952-988-8210 Mr. David Hempel, Project Manager, CPDC 651-556-4525 VENDORS Mr. Dan DeLong, President, Architectural Lighting Designs, Minneapolis MN (Manufacturers Representative) 612-252-4100 Mr. Brandon Smith, Senior Representative, Holophane Lighting. Stillwater, MN (Manufacturers Representative) 651-275-1936 Mr. Jeff McCammon, US Sales Manager, Cooper Lighting, Peachtree GA (Manufacturer) 707-486-4800 Mr. Paul Plasha, President, Mountain States Lighting Inc. Utah(Manufacturers Representative) 303-838-4430 Mr. Mark Dean, US Sales and Marketing Manager, Lumec, Inc. (Manufacturer) 815-467-7005 37 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-11c.com Suburban Rate Authority: 612-337-9233 Mr. Ken Taillon, Senior Lighting Designer, Short Elliott Hendrickson Inc. (Engineer) 651-765-2980 Mr. Tom Vavra, President, JT Services,North Mankato, MN (Material Suppler) 507-387-5962 Mr. David DeLaittre, Sales, Crescent Electric, St. Paul, MN(Material Supply) 651-227-0172 Mr. Clare Otto, Quotes Specialist, Minneapolis, MN (Material Supply) 1-800-582-5293 CONTRACTORS Quality Underground Services, Jay Osborne, President, 651-365-7344 Specialize in all underground pipe installation for utilities and Signature Lighting, Inc. Outdoor Lighting Services, Shawn Nasby, President, 612-819-5410. Lighting Maintenance Michel's Underground, Tom Osborne, General Manger, Joint Trench contractor 38 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-11c.com Suburban Rate Authority: 612-337-9233 Suburban Rate Authority—Street Lighting Review Reference Check for Alternative Lighting Provider Alternative Lighting Provider Connexus Energy Reference Name, Company City of Andover, Dave Berkowitz, 763-767-5130 Date of conversation July 28, 2008 with Elsie Martin What type of lighting provided Outdoor street lighting How long Services provided Design Yes Installation Yes Outage replacement Yes,they have yearly contract with a monthly fee per fixture Preventive maintenance Yes Locating Yes, Connexus is power company Underground cable repair Yes, Connexus is power company Other comments City owns one commercial/industrial system but they now have a maintenance agreement with Connexus. It takes the headache away from him, he doesn't understand the business. Four years ago they had a big go around with a lighting manufacturer with water getting in the fixture. Connexus would have taken care of all that. Customer Service and Cost Service response time They call a contact person and they fix it in a couple days. Reports on response times No Average response time Don't know for sure Communications They have superior service, he is very happy, Leo is good to deal with. They are the local electric company and hard to beat. Knock downs What happens? Connexus takes care of everything, it is all part of the monthly fee Who makes the insurance claims? Locating Who is responsible for the taking the call? Who is responsible for Connexus 39 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 performing the locate? Choices for fixtures and lamps Decorative and They are happy with choices,they like to keep it simple. When they contemporary purchased the fixtures directly, they had a lot of issues with the manufacturer. Connexus is very good at taking care of all the issues. Experience with new No technologies such as LED, solar, induction Interest in new No technologies Understanding of No interest at this time availability and time frame of new technologies System replacement and ownership Whose responsibility? City owns only one commercial/industrial system, Connexus owns the other commercial systems. Developer puts in residential systems, city owns but Connexus does the billing directly to the customer. Metering for Xcel Metering Connexus handles the metering. They can meter it or include a dollar amount per month. For the private lights, they worked out a deal. Experience with other lighting providers Xcel outdoor lighting No Others The only experience is with the private companies that put in the poles. It was not successful, issues blow up. With Connexus,they take care of it. Leo at Connexus is great to work with, very responsive. He has priced out improvements that we haven't had the dollars to follow through with. 40 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Suburban Rate Authority—Street Lighting Review Reference Check for Alternative Lighting Provider Alternative Lighting Provider Reluminate Reference Name, Company First Bank/US Bank, Terry Stade, 763-536-5303, _ cell 612-850-1977 Date of conversation July 24, 2008 with Elsie Martin What type of lighting provided Outdoor How long 15 years, know owner for several years Services provided Design Not used. Reluminate is involved with city ordinances; they can do work to meet city standards. Joe made a proposal for the bank's drive up canopies but bank has not done them yet. Reluminate has done layouts _ for parking lots. The bank has not moved forward on a $100,000 project Installation No, although Reluminate did do change outs. Outage replacement Yes Preventive maintenance Yes, state of the art on-line system for managing lighting, he can go into system and look at one pole for each of his 50 branches Locating Yes Underground cable repair Yes Other comments Reluminate is not the most economical on repair work, he can get it done cheaper. Reluminate always has 2 licensed electricians on the truck, lights can be changed by any guys unless there is a problem. Joe Brady has convinced him of the value of having the electricians. They have state of the art equipment and carry bulbs on the truck,they are very efficient in terms of time Their bulbs have a 2 year warranty Customer Service Service response time very good, will survey lighting system and catch bulbs when cycling to save ballast _Reports on response times yes _Average response time US Bank requires within 24 hours, they meet that Communications on-line survey system is neat, state of the art, don't know how would they would do it for city street lighting, however Knock downs _What happens? Reluminate can do the pole, the bank subcontracts out the concrete work Who makes the insurance bank 41 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-Ilc.com Suburban Rate Authority: 612-337-9233 claims? Locating Who is responsible for the bank taking the call? Who is responsible for Reluminate for their cables performing the locate? Choices for fixtures and lamps Decorative and Happy so far with choices contemporary _ Experience with new No technologies such as LED, solar, induction Interest in new Not interested,too expensive now, using LED on Open/Close signs at technologies banks, he is not sure LED is good for parking lot lighting, Understanding of LED is a technology that is coming but not practical yet availability and time frame of new technologies System replacement and ownership Whose responsibility? Bank Metering for Xcel Metering Lighting is not metered separately from building Experience with other lighting providers Xcel outdoor lighting lots of$s to Xcel but no repair or installation of lighting, only for rebates Others Electric Sign & Lighting does same thing but tough response time. Reluminate filled that niche in outdoor lighting. Other companies not very big, can't respond to multiple sites. Bank has large area 42 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Suburban Rate Authority—Street Lighting Review Reference Check for Alternative Lighting Provider Alternative Lighting Provider Reluminate Reference Name, Company Wells Fargo,Ted Narveson, 612-667-0703 Date of conversation July 23, 2008 with Elsie Martin What type of lighting provided Outdoor, all exterior How long 3 years Services provided Design Yes Installation Yes Outage replacement Yes Preventive maintenance Yes Locating Go thru Gopher State, if it is private, Reluminate does do it Underground cable repair Yes Other comments On a monthly basis, Reluminate visits all their locations, they have information on their locations in Minnesota and Wisconsin Reluminate is good value for the price, the contract is built that way. It is a one-year contract and he will look at it at the end of the year. If costs are like this, he will continue with them. He has no complaints, he likes the staff,they are very professional. Customer Service Service response time For their security lighting, it must be replaced within 24 hours. Reliminate meets that goal, they are very good. Reports on response times Average response time Communications Reliminate provides reports on-line and their invoices tell who, what, time, etc. They rely on the web site for communications. It has not been an issue. Knock downs What happens? They don't get many, someone backs into a pole and it bends over or a snow plow runs into it. There has been only one since Reluminate has worked for them. He used someone else, another contractor, to replace it. Who makes the insurance bank 43 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 claims? Locating Who is responsible for the taking the call? Who is responsible for They have a lot of underground cable—cameras,fiber optics. They call in performing the locate? a private company where there is need for a locate. Reluminate would do the locates for their cable. Choices for fixtures and lamps Decorative and He is happy with choices, they have installed different lamps. contemporary Experience with new They are trying out LED and induction but not solar. Reluminate got the technologies such as LED, supplier involved. solar, induction Interest in new technologies Understanding of availability and time frame of new technologies System replacement and ownership Whose responsibility? The bank has that responsibility. When they do re-lamping, it will be a bid process, about every 5 years for exterior lighting. Now it is just outages. Metering for Xcel Metering Metering is all within the building package. They do not have separate metering for lighting. Experience with other lighting providers Xcel outdoor lighting YES,they have Xcel in a few locations. Xcel is a great value but if a lamp burns out, good luck. Xcel just can't do it. If it is security lighting, he won't use Xcel. Others 44 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Suburban Rate Authority—Street Lighting Review Reference Check for Alternative Lighting Provider Alternative Lighting Provider Signature Lighting Reference Name, Company John Pechman, Administrator Chisago City, 651- 257-4162 Date of conversation July 31, 2008 with Elsie Martin What type of lighting provided Outdoor street lighting How long Since John Olson was at Xcel Services provided Design Yes,John Olson has done most of the work with developers and for a few city projects. Several developments are in process. Installation Yes Outage replacement Yes, as needed Preventive maintenance No,they have not take John Olson's maintenance option, but he could be hired Locating No,Xcel does Underground cable repair No Other comments Customer Service and Cost Service response time They don't have a standard. He would rate John Olson's customer service as very good. He hasn't shopped lights in a while but they believe that quality materials are important. If they install with the best products, it delays the maintenance problems. They beefed up installation so they don't need maintenance contracts. For outages, the city contracts with John Olson or a local electrician. Or Xcel,for their systems. Reports on response times No Average response time Doesn't know. None of their street lights are mission critical, all suburban developments. Xcel has a 72 hour response goal but does not meet it. Communications Knock downs What happens? City gets call, does work or calls Xcel depending on what light it is. City would call John Olson to install pole if it is one of his. Who makes the insurance City claims? Locating 45 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-11c.com Suburban Rate Authority: 612-337-9233 Who is responsible for the City taking the call? Who is responsible for City or Xcel performing the locate? Choices for fixtures and lamps Decorative and John Olson uses fixtures in city's standards book that includes the contemporary approved fixtures that Xcel will maintain. Xcel used to have more choices. When John left Xcel, he offered the ones that Xcel dropped. Now Xcel seems to be building back up again. Experience with new None technologies such as LED, solar, induction Interest in new He has some interest but has had no new street lighting jobs in 2 years. technologies Looking at a small project on highway 8. Understanding of availability and time frame of new technologies System replacement and ownership Whose responsibility? City Metering for Xcel Metering John Olson has to place the meter for Xcel Experience with other lighting providers Xcel outdoor lighting They have used Xcel, meet with them occasionally,they seem understaffed now. John Olson is much more responsive to them than Xcel. Others 46 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Suburban Rate Authority—Street Lighting Review Reference Check for Alternative Lighting Provider Alternative Lighting Provider Signature Lighting Reference Name, Company Mick Cyert, Project Manager, City of Crystal, 763-531-1161 Date of conversation July 31, 2008 with Elsie Martin What type of lighting provided Outdoor street lighting installation How long One recent project (I forgot to ask date) Services provided Design John Olson was consultant and subcontractor to Quality Underground Services who did the installation of 38 decorative street lights in downtown Crystal. Mick is not certain of John's role but he ordered the lights, did the design and layout, was lead person on the project. Installation No, Quality did construction Outage replacement No Preventive maintenance No, Quality wanted to provide but city does that Locating No Underground cable repair No Other comments This was the first city street lighting project. Customer Service and Cost Service response time Reports on response times Average response time Communications John Olson met him met him several times on the sight. He would rate John as very good on customer service and communications. He was on top of everything, quick to get him answers, and they were always the right answers. Knock downs What happens? City has responsibility Who makes the insurance claims? Locating Who is responsible for the In house,the city taking the call? 47 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-11c.com Suburban Rate Authority: 612-337-9233 Who is responsible for performing the locate? Choices for fixtures and lamps Decorative and He is very happy with the finished product. contemporary Experience with new City engineer is looking at, know it's out there but they are not ready to technologies such as LED, try. solar, induction Interest in new technologies Understanding of availability and time frame of new technologies System replacement and ownership Whose responsibility? City—they create performance specs, put it out for bids, Quality got bid Metering for Xcel Metering Adequate for Xcel Experience with other lighting providers Xcel outdoor lighting Xcel owns majority of lights in Crystal,they have no choice. The city only owns the 38-light project. They do have some issue with Xcel regarding construction, they don't keep their schedules Others Mick Cyert worked with Connexus when he worked in Blaine 48 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Suburban Rate Authority—Street Lighting Review Reference Check for Alternative Lighting Provider Alternative Lighting Provider W H Response Reference Name, Company City of Farmington, Kevin Scharzman, 651-463- 1600 Date of conversation July 28, 2008 with Elsie Martin What type of lighting provided Street lighting How long 2 outdoor lighting projects, one in 2006 and another in 2007 Services provided _ Design No, city does design themselves Installation No, installed through a project (Kilmer Electric), city owns Outage replacement Yes, 15 year maintenance contract with monthly fee Preventive maintenance Yes Locating Doesn't know Underground cable repair Doesn't know, there are certain things that the maintenance contract includes, an underground fault would probably not be covered, city must pay to have them fix Other comments Street lighting in the city's subdivisions is the developer's responsibility to install,then the city takes over. This is where they run into Dakota Electric and Xcel as providers. WH Response does not serve electricity to city of Farmington. Where they have used WH Response is in city reconstruct projects where instead of regular over heads,they use Cobras. They will put in decorative lighting. They bid it out as alternative provider. Whoever installs the lighting must come up with a 15-year maintenance contract. Kilmer Electric did the install and has a relationship with WH Response. Customer Service and Cost Service response time He does not have many street lighting issues with WH Response. They have a 72 hour window and are usually have lights fixed within 24-36 hours. They are longer only if they need to order a part. They do a pretty good job. They are not outside the cost range—not more but also not less. Reports on response times Average response time Communications He gets what they need, has had no problems 49 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Knock downs What happens? Don't know, hasn't been any knockdowns, only one with Xcel (see below) Who makes the insurance In Xcel's case, Xcel did everything. claims? Locating Who is responsible for the Don't know taking the call? Who is responsible for performing the locate? Choices for fixtures and lamps Decorative and They installed what we wanted, an acorn type fixture contemporary Experience with new No technologies such as LED, solar, induction Interest in new No technologies Understanding of Not interested now availability and time frame of new technologies System replacement and ownership Whose responsibility? City Metering for Xcel Metering WH Response does not provide electricity,there is separate metering for Xcel and Dakota Electric Experience with other lighting providers Xcel outdoor lighting Dissatisfied with Xcel. The knockdown occurred last February; the pole was finally replaced in September after numerous calls Others Dakota Electric does a good job, on par with RH Response 50 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Suburban Rate Authority—Street Lighting Review Reference Check for Alternative Lighting Provider Alternative Lighting Provider WH Response Reference Name, Company K Hovnanian Homes, Maple Grove, Shawn Siders, 952-253-0460 D- ate of conversation August 1, 2008, with Elsie Martin W- hat type of lighting provided Street lighting,joint trench, external lighting for developments including club house, resort in Maple Grove How long 3 years Services provided Design Yes Installation Yes Outage replacement Yes Preventive maintenance Yes Locating Yes Underground cable repair Yes Other comments WH Response offers a full complement of design, installation, service, which is one reason they decided to go with them. WH is very good, professional, and quick to respond. It was a very complicated project and they are very nimble. He has worked with Xcel but Xcel is unwilling to do what they want, WH is very flexible. Customer Service and Cost Service response time Shawn turned over service contracts to his management company so he doesn't know directly how the maintenance part is going. However, he has not heard any complaints. Reports on response times Average response time Communications Very good Knock downs What happens? Who makes the insurance claims? Locating 51 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-11c.com Suburban Rate Authority: 612-337-9233 Who is responsible for the taking the call? Who is responsible for performing the locate? Choices for fixtures and lamps Decorative and The developer decided to upgrade and WH has city-approved specs,they contemporary did not need special approval for the upgrades. Experience with new They installed more efficient lighting with the tennis courts,WH helped technologies such as LED, them with the homes close to the courts so the light would angle away solar, induction from the homes,they made fine adjustments to the lighting. Interest in new Interest in more efficiency so lowers cost in long run. technologies Understanding of availability and time frame of new technologies System replacement and ownership Whose responsibility? City of Maple Grove and WH Response. They(the developer) paid a fee to the city so the city has replacement responsibility. Metering for Xcel Metering Metering is for WH Response, who serves Maple Grove Experience with other lighting providers Others Shawn has experience with Xcel, MN Valley Electric Coop (Carver Co) and Centre Pointe Energy. WH Response and MNVEC are best for response. He is able to get a hold of someone if there is a problem with lighting. Those two companies are good and he highly recommends them. Xcel outdoor lighting Xcel doesn't care 52 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Suburban Rate Authority(SRA) Street Lighting Review Appendix F—Decision Making Tool Worksheets 53 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Please insert page from the Microsoft Office Excel file named "St Light Review Appendix F Decision Making Tool", worksheets: "Decisions"—one page, 11 by 17 inches 54 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Please insert page from the Microsoft Office Excel file named "St Light Review Appendix F Decision Making Tool", worksheets: "Strategies"—one page, 11 by 17 inches 55 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Please insert page from the Microsoft Office Excel file named "St Light Review Appendix F Decision Making Tool", worksheets: "Issues &Questions"—First page, 11 by 17 inches 56 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Please insert page from the Microsoft Office Excel file named "St Light Review Appendix F Decision Making Tool", worksheets: "Issues &Questions"—Second page, 11 by 17 inches 57 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Suburban Rate Authority(SRA) Street Lighting Review Appendix G—General Findings Other Findings • Street lighting is a small part of a city's operation. • Street lighting is an even smaller part of Xcel's operation and is outside of Xcel's core business. • Street lighting is becoming a bigger issue for cities due to the upcoming need to replace existing systems,the increasing demand for lighting and higher energy costs. • Cities have multiple, separate street lighting systems of different ages and sizes (one light to over 20 lights). For several cities, many of their street lighting systems are approaching 25 years of life and replacement decisions for each of these systems will need to be made in the near term. • Cities have different ways to pass on some or all of the cost of street lighting to its residents. This impacts how cities make street lighting related decisions. • Street lighting decisions are unique city to city and even within a city from lighting system to lighting system depending on what tariff the particular system is under. • In making decisions about street lighting, cities must continue to consider a number of factors beyond costs, such as service response,technology options and aesthetics. • Total life cycle costs need to be assessed before making a decision on a new or replacement system. Previous analyses have not always factored in underground circuit locating costs, costs to deal with knockdowns, and preventive maintenance cost and benefits. • Alternative street lighting providers are viable and anxious to enter the municipal market. • New technologies are available and more are emerging and merit consideration. Xcel Energy's Street Lighting Business • Xcel indicates it is intending to stay in the street lighting business for the long term • Xcel has decided that it cannot do everything for everyone but offers street lighting services around high volume products. • Xcel's street lighting services are meant to provide convenience to cities through a one-stop shop that has PUC oversight. Some cities value this convenience. • Xcel offers three basic options: o Prepaid (Group V)—city pays up front the installation costs, city pays a monthly per fixture maintenance and energy charge, generally not metered, Xcel retains ownership. o Leased—city pays a monthly per fixture fee that covers the lease of the equipment plus maintenance and energy, generally not metered, Xcel owns the system. o Xcel Maintained only—city owns the system, city pays a monthly per fixture maintenance and energy charge, must conform to Xcel's standards for equipment, may or may not be metered. • The Prepaid (Group V) option was first available in 1989. • After 25 years, Xcel is the sole determiner of the timing of replacement for those systems that they own. For Leased systems,they will replace at their cost. For Prepaid systems,the city is responsible for the replacement, or alternatively,the city can agree to do a replacement under a leased approach. 58 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 • To-date Xcel does not allow the cities to take over maintenance of the systems, even when the prepaid systems reach 25 years in age and Xcel does not want to continue to do maintenance. • Technically Xcel employees cannot perform maintenance on systems designed to the National Electric Code since they are not licensed electricians. Utility designed and installed systems fall under the National Electric Safety Code. • Significant confusion exists around what happens after an Xcel owned system reaches its 25- year life. Some of this confusion was brought on by Xcel in its communications with cities and due to the general lack of communications with the cities. • Xcel has not always provided complete and clear information relating to their street lighting assets or services to cities. • The cities can do a few things proactively to improve service response by Xcel. For example, o Provide Xcel with GIS mapping of their assets, if available,for use in identifying specific lights o Demand regular meetingss with Xcel street lighting to review service response specific to their communities o Monitor Xcel's preventive maintenance programs o Request Xcel to establish a schedule for replacement to enable proper budgeting • Brooklyn Park's internal analysis has shown that Xcel's Prepaid option (Group V) is preferable to city owned due to the cost of locating and dealing with pole knockdowns. Alternative Street Lighting Providers • Third party providers are trying to enter the market, cut costs for the cities and provide good services that compete with Xcel. • If the city desires unique lighting fixtures,they need to look to at parties other than Xcel at this time. Other street lighting service options are available but are not fully equivalent to Xcel's one-stop shop offerings. • All non-Xcel options will require metering. Non metered energy services are not provided by Xcel for systems they do not maintain due to their inability to monitor the number and size of the lamps. • Taking over previously non-metered street lighting systems will require the cities to pay for the purchase and installation of circuit disconnect cabinets with appropriate meter sockets. • If the city proceeds with a non-Xcel alternative,they need to decide what they want to manage internally and what they want the outside contractor to do. They must assess alternative service providers not only on cost but also on service capabilities, preventive maintenance practices and their street lighting information management capabilities. • An advantage of being in the SRA is that the experiences of one city with an alternative provider can be shared with all SRA cities. In other words, others can learn and gain benefit from one city's experience. Emerging Technologies and Issues • The cities have positive experience with LED technology for traffic signals.The technology is not yet fully developed for municipal lighting applications.Adequate heat dissipation is the hurdle. If this isn't solved,the long life expectancy needed to make it competitive will not be realized. • Cities need to recognize that the "white light" and the light dispersion pattern from LED and other"white light" sources will look different to citizens. Piloting, education and transition will be needed for public acceptance, much like what happened with HP sodium. 59 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 • There are other "white light" options commercially available today, ceramic metal halide and induction. Both offer energy savings over high pressure sodium. Induction lighting offers twice the lamp life. • Plasma lighting is just beginning to be considered for street lighting applications.This emerging technology expects to offer superior energy efficiency with lamp life similar to high pressure sodium. For street lighting applications, it is behind LED at this time. • Solar driven street lighting is developing. This technology could eliminate the connection with Xcel, their energy charges, and metering requirements. It might eliminate some of the wiring of the lights.This option does not eliminate the maintenance and knockdown issues. Energy storage and its impact on upfront costs is the critical issue. • Aesthetics, energy efficiency and environmental concerns will drive the desire of cities to deploy new lighting technologies. • Hazardous waste generation needs to be considered when making lighting choices. Mercury is present in all but LED lighting. Mercury vapor lighting is no longer an option for street lighting primarily due to hazardous waste issues. • Cities need to stay on top of potential legislation regarding light pollution,the "dark sky" issues. • Cities also need to be aware of energy efficiency policy legislation that might impact street lighting, such as relatively recent legislation that requires the phase out of mercury vapor lights. • Decisions for both new or replacement system should anticipate the potential for changing legislation. 60 This report was prepared by HPC,LLC for the Suburban Rate Authority HPC,LLC: 952-567-7472/www.hpc-llc.com Suburban Rate Authority: 612-337-9233 Reprint of a Star Tribune article January 14, 2009 Brooklyn Park residents complain LED bulbs are too dim JIM ADAMS, Star Tribune After four months of testing energy-saving streetlights on a few blocks in Brooklyn Park, some residents are not impressed. Five residents who called the city complained that the new LED (light-emitting diode) bulbs were not as bright or didn't shine as far as the sodium bulbs that they replaced, said Steve Nauer, street maintenance superintendent. "Xcel said that is not unusual because there is a change in color," Nauer said. But he tended to agree with the residents: "They didn't seem as bright," he said. "It is definitely a different light. Maybe it takes getting used to." The experiment started in September, when Xcel Energy workers installed LED bulbs in nine streetlights near 71st Avenue and Florida Avenue N. The experiment will last a year, and Xcel plans to survey residents living near the lights in the spring, Nauer said. Among homeowners unhappy with the LED lights are Rodney and Doris Willms. Doris Willms said many elderly people live in the area and find it hard to see people at night until they get under the streetlight. "It is so dim. I don't feel safe to walk," she said. Willms, who recently retired, said she and neighbors have tried unsuccessfully to get the city and Xcel to return to the old bulbs. The LEDs use about half as much electricity and are said to last about three times as long as the high- pressure sodium bulbs. But they currently cost more than four times as much as a $200 sodium light fixture, Nauer said. Meanwhile, the city has tried another energy saver, induction lights, on light poles in a city parking lot near the maintenance garage. "I was impressed with how bright they are," Nauer said. Eden Prairie installed about a dozen LED lights last summer in its City Hall parking lot, said public works director Eugene Dietz, who finds that they are brighter than sodium lights. A city consultant said the energy savings would pay for the new lights in 16 years, Dietz said. Brooklyn Park, St. Paul and Minneapolis already use LED bulbs in many traffic lights, said Gary Brown, Brooklyn Park's engineering director. He said the LED traffic lights use only 10 percent as much energy as old traffic lights. Jim Adams • 612-673-7658 Lighting Research Center lielisseaer Mesopic Street Lighting Demonstration and Evaluation Final Report for Groton Utilities Groton, Connecticut Prepared by Peter Morante Lighting Research Center Rensselaer Polytechnic Institute Troy, New York January 31,2008 Lighting p�, Research Center '! Rensselaer Acknowledgments The authors thank the following people for their support and assistance in conducting the Groton Utilities research and preparing this report: Donald Conner and the staff at Groton Utilities for their belief in the values of mesopic street lighting, for providing research funding to conduct this experiment, for installing the induction and metal halide street light fixtures, and for coordinating the mailing of the before and after surveys to their customers. Dae Hur and Philips Lighting for manufacturing the 55-watt induction lamp with a 6500 I( CCT phosphor and providing these lamps and drivers, as well as the 70-watt ceramic metal halide lamps, to the project; and to Dae for his guidance throughout the project. Jean-Francois Simard and Lumec for integrating the induction lamp into their cobra head fixture and providing these fixtures as well as the 70-watt metal halide fixtures to the project; and to JF for his guidance throughout the project. Dennis Guyon, LRC, for assisting in data collection, acting as the official photographer, and providing formatting and layout assistance for the report. Dr. Mark Rea and Jenny Taylor, LRC, for their assistance in reviewing and editing this report. Executive Summary Can a white light source tuned to how humans see at night under low light levels—one with lower wattage and photopic light output—replace a high-pressure sodium (HPS) street lighting system and still provide equal or greater perceptions of visibility, safety, and security? If so, when and where should this lighting system be used? The Lighting Research Center (LRC) conducted research with funding from Groton Utilities that investigated these questions in the context of two installations within the City of Groton, Connecticut. One installation on Meridian Street replaced 100-watt HPS cutoff cobra head street lights with 55-watt induction (electrodeless) lamps and cutoff, cobra head fixtures. A second installation on Shennecossett Road examined the replacement of 100- watt HPS lights with 70-watt ceramic metal halide, cutoff, cobra head street lights. In both installations, the replacement white light sources (induction and ceramic metal halide) were tuned to optimize human vision under low light levels while remaining in the white light spectrum. The human vision system has two types of receptors in the retina, cones and rods, to transmit visual signals to the brain. The current system of photometry to determine the amount of light needed to perform a task, regardless of the time of day or lighting Lighting Research Center 'i. 1,Rensselaer conditions, is based on how the eye's cones function. Cones are the dominant visual receptor under photopic (daylight) lighting conditions. Rods function primarily under dark(scotopic) conditions. Under mesopic lighting conditions, which are typically found outdoors at night, a combination of cones and rods perform the vision function. Therefore, outdoor electric light sources that are tuned to how humans see under mesopic lighting conditions can be used to reduce the luminance of the road surface while providing the same or better visibility. This light source must account for how both the cones and rods in the eye see. Light sources with shorter wavelengths, which produce a "cooler" (more blue and green) light, are needed to produce better mesopic vision.'' Based on this understanding, the LRC developed a means of predicting visual performance under low light conditions. This system is called the unified photometry system.3 The LRC developed the unified photometry system based on a series of laboratory studies.'' Simulated driving studies verified the validity of the fundamental findings predicted by the unified photometry system.6'7 but demonstrated that off-axis detection was strongly affected by other visual factors such as target contrast and size. In effect, adopting lighting systems based upon the unified system of photometry would improve visual performance more than would be predicted by changes in spectrum and light level alone. A recent field study to examine target detection by subjects driving along a closed track found that targets illuminated by metal halide lamps can be more quickly detected by the subjects than those made visible by HPS lamps.' The results from the range of studies conducted to date dramatically underscore the benefits of the unified photometry system for improving visual performance and reducing energy consumption. Two different lighting technologies were tested during the Groton research on two segments of different roadways. These technologies were selected based on their commercial availability or the ability to commercialize the product, and their ability to reduce energy while maintaining visual performance in accordance with the unified photometry system. The first technology was a 55-watt induction lamp and driver with 6500 K correlated color temperature (CCT). At 6500 K CCT, the lamp has a high scotopic-to-photopic (S/P) ratio (2.88) and optimizes mesopic vision while remaining in the white light spectrum. Induction lamps also are good at retaining their lumen output in both hot and cold ambient temperatures. Their lamp life (60,000 hours) is also good and should reduce street light maintenance costs. The second technology utilized was a 70- watt ceramic metal halide lamp at 4000 K CCT. The SIP ratio is 1.6 and Iamp life is 20,000 hours. In both cases, the SIP ratios of the lamps chosen are much higher than that of the HPS lamp with a 0.63 S/P ratio. Based on the unified photometry system, the wattage for both the induction lamp and the metal halide lamp could be less than the HPS system while providing similar visual performance. Responses to surveys conducted before the installation of the new light sources and after the installations revealed that area residents perceived higher levels of visibility, safety, security, brightness, and color rendering as both drivers and pedestrians with the new lighting systems than with the standard HPS systems. The new lighting systems used 2 Lighting Research Center Ix Rensselaer 30% to 50% less energy than the HPS systems. These positive results were achieved through tuning the light source to optimize mesopic vision. Using less wattage and photopic illuminance also reduces the reflectance of the light off the road surface. Light reflectance is a major contributor to light pollution (sky glow).'` The findings of the research conducted in Groton concur with similar research conducted by the LRC in Easthampton, Massachusetts, and in Austin, Texas, and with research conducted by Fotios et al. in England. This body of research found that drivers and pedestrians perceived they could see better and felt safer with light sources tuned toward the needs of mesopic vision. Economic analyses were conducted to determine if either the induction or ceramic metal halide street light systems could cost effectively replace the existing HPS street lighting. In the simple payback analysis, the induction lamp has long payback periods of 7.1 years for new installations and 13.9 years for retrofitting existing HPS installations. The ceramic metal halide street lighting provides negative benefits, and therefore produces an infinite negative return primarily because of higher maintenance costs. Utilities normally consider annualized ownership and operating economic analysis to be more appropriate. This type of analysis is similar to how electric rates are set. The annual utility ownership and operating costs for the induction street lighting system is $22.20 less than the 100- watt HPS street lighting it could replace. Similarly, a lifecycle economic analysis shows that the 55-watt induction lamp has a $282.90 savings over its 27-year life compared to the 100-watt HPS. The metal halide street lighting produces negative savings. Recommendations based on research findings are: • Efficient white light sources tuned to mesopic vision conditions with high scotopic- to-photopic ratios are recommended as replacements for high-pressure sodium (HPS) street lighting. These light sources should have a correlated color temperature of approximately 6500 K and provide approximately 65 to 70 (photopic) lumens per watt. • The 55-watt induction street lighting system at 6500 K CCT is an energy-efficient replacement for 100-watt HPS street Iighting and should be pursued for new street light installations. It should also be examined as a retrofit for existing 100-watt HPS street lighting. • The 70-watt ceramic metal halide lighting system is not a good substitution for 100- watt HPS street lighting systems and should not be pursued, primarily because the economics of the metal halide system are poor compared to 100-watt HPS systems. • White light-emitting diodes (LEDs) should be considered as replacements for HPS Street lighting in about three years time when their efficacy is higher and their cost has reached reasonable levels to be economically viable. Groton Utilities may want to consider postponing decisions on street light replacements until white LEDs become economically available. • The unified photometry system should be used to determine replacement wattages of various size street lights based on lamp SIP ratio and, for new installations, Illuminating Engineering Society of North America (IESNA) recommended 3 Lighting ;, Rensselaer Research Center luminance values for the type of street being illuminated. For existing street lighting, measurements of existing luminance values can be calculated by measuring illuminance and roadway surface reflectance. The luminance values can be entered into the unified photometry system to determine appropriate replacement lighting systems that will provide equal visual performance. 4 Lighting ensse ��� Research Center Introduction The LRC conducts research, demonstrations, and evaluations regarding human vision under low light(mesopic) conditions. Mesopic lighting conditions occur at night in areas with lighting such as what is found with many street and area lighting systems. How humans see under this condition is very different than how humans see during the day or in lit buildings (photopic conditions) and how humans see at night in unlit spaces (scotopic conditions). The human vision system has two types of receptors in the retina, cones and rods,to transmit visual signals to the brain. The current system of photometry to determine the amount of light needed to perform a task, regardless of the time of day or lighting conditions, is based on how the eye's cones function. Cones are the dominant visual receptor under photopic (daylight) lighting conditions. Rods function primarily under dark conditions. Under mesopic lighting conditions, which are typically found outdoors at night, a combination of cones and rods perform the vision function. Therefore, outdoor electric light sources that are tuned to how humans see under mesopic lighting conditions can be used to reduce the luminance of the road surface while providing the same or better visibility. This light source must account for how both the cones and rods in the eye see. Light sources with shorter wavelengths,which produce a"cooler" (more blue and green) light, are needed to produce better mesopic vision.' Based on this understanding, the LRC developed a means of predicting visibility under low light conditions through comparing luminance levels and a lamp's scotopic-to-photopic spectral ratio. This system is called the unified photometry system. It predicts degrees of visual performance and not perceptions of brightness. Perceptions of brightness are more associated with perceptions of one's safety and security. Current photometry underestimates the effectiveness of lamps with relatively more short- wavelength output at mesopic light levels. The unified photometry system can more appropriately evaluate the effectiveness of lamps with various spectral power distributions (SPD) by providing"unified" luminance according to the light levels to which human eyes adapt.''3 Table 1 shows photopic illuminance and relative electric power required to obtain criterion levels of off-axis visual performance when illuminated by various SPDs. As the light level decreases,the performance of high-pressure sodium (HPS) lamps, relative to other sources, is reduced. Conversely, metal halide (MH) and fluorescent lamps, which have more short-wavelength components, reduce their relative power requirements to meet criterion visual performance levels. The LRC developed the unified photometry system based on a series of laboratory studies.4' Simulated driving studies verified the validity of the fundamental findings but underscored the fact that light level as well as target contrast and size affect off-axis detection. Therefore, the visual performance differences between MH and HPS lamps can be even larger than would be predicted by the unified photometry system alone.6'7 A 5 Lighting ,,Rensselaer Research Center recent field study to examine target detection by subjects driving along a closed track found that targets illuminated by MH lamps can be more quickly detected by the subjects than those made visible by HPS lamps (Akashi and Rea 2002).2 The results dramatically underscored the benefits of the unified photometry system. 8 Table 1.Photopic illuminance and relative power required to obtain the same brightness perception and visibility of spaces and objects illuminated by various SPD lamps8 S1P 0.6 cdfm2 0.3 cdlm2 0.1 cdlm2 Relative Relative Relative Light source ratio 1*(lx).. power E(Ix) power E(Ix) power 400 W HPS 0.66 26.9 100% 13.5 100% 4.5 100% 1000 W 4.41 26.9 833% 10.5 648% 2.6 478% incandescent 3500 K fluorescent 1.44 26.9 130% 10.4 100% 2.5 73% 400 W MH 1.57 26.9 119% 10.0 88% 2.4 63% 5000 K fluorescent 1.97 26.9 130% 9.0 87% 1.9 57% 6500 K fluorescent 2.19 26.9 130% 8.5 82% 1.8 52% * SIP ratio:the ratio of scotopic lumens to photopic lumens of each lamp ** E:illuminance measured in lux(Ix) *** Relative power(%)normalized to HPS To provide further evidence that a light source tuned to how humans see under low light conditions could provide the same or better visibility with lower photopic luminance values, in 2004 the LRC conducted a comparison field study of 70-watt(84 watts with ballast) high-pressure sodium (HPS), semi-cutoff cobra head street light fixtures mounted on utility overhead distribution poles versus 50-watt(54 watts with ballast), 6500 K correlated color temperature (CCT) (a light source tuned to mesopic vision),twin compact fluorescent lamps in a semi-cutoff fixture on a residential street in Easthampton, Massachusetts. The purpose of the experiment was to determine how well the residents saw objects while both driving and walking under the two different lighting conditions. Figure 1 below, which shows residents' responses to survey questions comparing fluorescent and HPS lighting, indicate a strong preference toward the fluorescent lighting for both driving and walking. People said they could see better and felt safer with the fluorescent lighting, which used 30% less energy.8 The full study is included in Appendix A of this report. These data provided the basis for the LRC to propose a demonstration and evaluation of a mesopically tuned outdoor lighting system to Groton Utilities with the belief that it would have a significant opportunity for success. 6 Lighting ,„.ft l�ensse aer Research Center Figure 1. Street light comparison results, Easthampton, Massachusetts 2 1 Q 1 2 Like -= � l • Comfortable -- } Br ght I - 4 i i 1 Gloomy Luminaire too bright Traffic signs clear Vegetation natural -,,•i_.,-__:,_..,2..,,, I I .:t 11 I ID FL il Too warm Tod cool . : _ it Looks better FIPS , See pavementclearl as driver F see vehicles clearlyas driver See pedestrians clearlyas driver - t Feel safe while driving See other pedestrians clearly as pedestrian - see faces clearlyas pedestrian . 1 See vehicles clearlyas pedestrian r +t Feel secure as pedestrian l strongly disagree strongly agree Groton Utilities, a municipal electric utility, wished to pursue an evaluation of street fighting that had. ad the potential to reduce energy needs by 30°/d while maintaining human perceptions of visibility, safety, security, and brightness. To achieve this goal, the utility decided to work with the LRC and its manufacturing partners, Lumec of Montreal, Canada (an outdoor lighting fixture manufacturer), and Philips Lighting (a lamp manufacturer), to demonstrate and evaluate two white light sources designed to reduce energy needs while maintaining visibility. The two white light sources selected were a Philips 55-watt QL induction lamp with a CCT of 6500 K (a white light source optimized for mesopic light conditions) and a Philips 70-watt ceramic metal halide lamp with a CCT of 4000 K (a white light source closer to matching rnesopic light condition needs than HPS sources). Lumec provided the cobra head light fixtures with cutoff optics to house these lamps. Pails of two collector-type streets, as defined by the Illuminating Engineering Society of No America(Il✓SNA),were chosen by Groton Utilities as 7 Lighting �� 5 RensselaerResearch Center demonstration sites for the two different types of light sources: Meridian Street for the induction lamps and Shennecossett Road for the ceramic metal halide lamps. Project Goals The goals of the "Mesopic Street Lighting Demonstration and Evaluation" project were to determine if two white light sources tuned to mesopic conditions could provide similar visibility and human perceptions of safety, security, and brightness as the currently used high-pressure sodium street lighting systems, all the while reducing energy needs by at least 30%. A secondary goal was to determine if mesopically tuned, white light source street lighting systems could be economically deployed within the City of Groton, Connecticut. Research Methodology Street Lighting Site Information Parts of two streets were chosen by Groton Utilities and reviewed by the LRC and its manufacturing partners as sites to demonstrate the induction and ceramic metal halide street lighting systems. Meridian Street The Meridian Street neighborhood is a combination of single and multi-family houses with a city-owned park on the south side of the street. It is a two-lane street with parallel parking allowed on both sides. By IESNA standards, it is considered a collector-type road (i.e., side streets empty their traffic onto it and it conveys traffic to larger streets). The roadway is asphalt paved and is approximately 40 feet wide throughout the demonstration section. A concrete sidewalk borders the south side of the street. Because of the higher- than-normal pedestrian traffic generated by park activities, street lights are located on every electric overhead distribution pole and are approximately 120 feet apart. Mounting heights are approximately 25 feet. Lamp and light fixture information for Meridian Street for both the initial HPS street lighting and for the induction lighting demonstration are listed in Table 2 below. Photographs of the initial HPS and the demonstration induction street light installations are shown in Figures 2 and 3. 8 Lighting o) R � sela�r Research. Center Table 2. Street light fixture information(Meridian Street) Induction Demonstration Initial lIPS Street Lighting Street Lighting Lamp Type HPS Induction 55 watts includng power for Lamp wattage 100 watts(11 S watts with ballast) driver CCTV 2100 K 6500 K Mean Lumene 8460 3300* Lamp Life 30,000 hours non-cycling 60,000 hours Fixture Type Cobra Head Cobra Head Number of Fixtures 12 12 Light Distribution Type Type II Type II Cutoff Classification Cutoff Cutoff Lighting Control Photo cell Photo cell Mounting Height 25 feet 25 feet Avg.Illuminance(lux) 8.72 lux* 2.69 lux* From LRC test and measurement results Figure 2. Initial liPS street lighting(Meridian Street) „.,,,,,i.„:47::,,.,, � r yy3�3yFy v� ✓_f� . _:-'- -e �, 9 Lighting fr,#)Rensselaer Research Center Figure 3. induction street lighting demonstration(Meridian Street) j V -7 'r ! �. _. p er' s. I ! > -, a �-?ate_ � �' 'a-° '°` -.^-> r ""am_, - ` »z ` - Shennecossett Road Shennecossett Road leas mostly single family Domes along its tree-lined street. Bath before and after illuminance measurements were taken with the trees full of leaves. By IESNA standards, it is considered a collector-type road (i.e., side streets empty their traffic onto it and it conveys traffic to larger streets). The roadway is asphalt paved and is approximately 30 feet wide throughout the demonstration section- Street lights are installed on every other electric distribution overhead pole and on every pole at an intersection. Pales are approximately 140 feet apart and street lights are approximately 284 feet apart. Lamp and light fixture information for Shennecossett Road for both the initial HPS street lighting and for the ceramic metal halide lighting demonstration are listed in Table 3 below. Photographs of the initial HPS and the demonstration ceramic metal halide street light installations are shown in Figures 4 and 5. 10 Li hth }snsselae�• Research Center Table 3. Street light fixture information(Shennecossett Road) Ceramic Metal Halide Initial HPS Street Lighting Demonstration Street Lighting Lamp Type HPS Ceramic Metal Halide Lamp Wattage9 100 watts(118 watts with ballast) 70 watt(92 watts with ballast) CCT4 2100 K 4000 K Mean Lumens9 8460 4150 Lamp Life° 30,000 hours non-cycling 24,000 hours Fixture Type Cobra Head Cobra Head Number of Fixtures Type II 10 10 Light Distribution Type Cutoff Type 11 Cutoff Classification Cutoff Lighting Control Photo cell Photo cell Mounting Height 25 feet 25 feet Aug. Illuminance(lux) 3.20 lux* 3.10 lux* *From LRC measurement results Figure 4. Initial HPS street lighting(Shennecossett Road) 1 b G 9S 11 Lighting it Rensselaer Research Center Figure 5.Ceramic metal halide demonstration street lighting(Shennecossett Road) • -s+- f-S' Selection of Demonstration Street Light Lamps and Luminaires The selection of lamps for the demonstrations were made, in part, based on the unified photometry system's prediction of equal visual performance under mesopic lighting conditions and different lamp spectral power distributions. Selection also was based on lamps that were commercially available or could be reasonably made available by Philips Lighting,the lamp manufacturing partner for this project. The parties decided to examine two different lamp types with two different SPDs, both producing a white light that would be acceptable to city residents and tuned toward optimizing mesopic vision while remaining in the white light zone.The unified photometry system was used in part to develop criteria for the HPS replacement lamp. The system provides the equivalent mesopic luminance for lamps of differing SPDs that will produce equivalent visual performance under low light (mesopic) conditions. The ratio of a replacement lamp's scotopic luminance to photopic luminance (S/P ratio) is used as one of the variables to determine the necessary unified luminance flux equivalent to the HPS lamp. The other variable is the luminance of the road surface. To eliminate multiple variables for determining whether the demonstration white light sources could provide similar perceptions of visibility, safety, security, and brightness, luminaires similar to those in use with the existing HPS lighting system were used for the 12 Lighting }s Rensselaer Research Center. demonstration lighting. The HPS system used a semi-cutoff, cobra head street light fixture. This fixture employed a drop lens. LRC testing of similar fixtures manufactured by the same company indicated that the existing fixture's optical characteristics perform as a cutoff fixture. Lumec provided cobra head fixtures with cutoff optics and a drop lens for both the induction lamp and metal halide lamp installations. Lumec has a kit it installs within its cobra head fixtures to accept the induction lamp. We recognize that these demonstration fixtures do not meet the Connecticut law requiring full cutoff optics for all new street light fixtures where the municipality is paying for the installation. However, the desire to not introduce another variable into the evaluation by changing fixture types outweighed following precisely the Connecticut law. This is a research project and not necessarily a permanent installation. In accordance with Connecticut law, Groton Utilities should only install full cutoff fixtures for new or replacement street light installations. Meridian Street Lamp Choice (induction Lamp) The S/P ratio of the Philips induction lamp with 6500 K CCT phosphors is 2.88 (compared to 0.63 for the existing HPS lamps). Mesopic efficacy improves with higher S/P ratio lamps. Figure 6 shows the SPD of the Philips induction lamp with 6500 K CCT phosphors. These phosphors are not commercially available in the Philips induction lamp line. However, Philips produced these lamps for this demonstration project using phosphors found in its 6500 K CCT linear fluorescent lamps. It is believed these phosphors can be commercialized for induction lamps if a market for mesopic street lighting develops. Figure 6.SPD of the 6500 K CCT induction lamp Philips QL E 0.9 — 0.8 x 0.7 . ti 0.6 — - j 0.5 --- - _ I 2 0.4 0.3 0.1 - i 350 400 450 500 550 600 650 700 750 800 Wavelength(nm) Note: SPD recorded from LRC lamp testing The luminance values for the HPS street lighting along Meridian Street were calculated using the road surface illuminance measurements and a 7%asphalt roadway reflectance (Gillet and Rombauts 2001).1Q Average photopic illuminance under HPS conditions for 13 Lighting Rensselaer Research Center the test site on Meridian Street was 8.72 lux. The average photopic luminance of the roadway surface was approximately 0.21 cd/m-. The unified photometry system predicted a need for the induction lamp to provide a luminous flux of 3620 lumens to have an equivalent visual performance to the 9500- lumen, 100-watt HPS lamp source it replaced. Table 4 below provides the results of the power and luminance calculations. When the photopic luminance of the roadway pavement under HPS lighting (S/P = 0.63) is 0.21 cd/rr►, the equivalent mesopic luminance under the same lighting condition is 0.17 cd/m2. Conversely, when the equivalent mesopic luminance of the pavement under induction lighting(S/P=2.88) is 0.17 cd/m2, the photopic luminance is 0.08 cd/m2. Hence, only 3620 photopic lumens are required for each new induction luminaire to create a mesopic luminance of 0.17 cd/m2, while an HPS luminaire needs 9500 photopic lumens to create the same mesopic luminance. Table 4.Comparison between HPS and induction systems in photopic and mesopic luminances Mesopic Photopic Luminous flux Lamp input Luminance(cdlm z) SIP ratio luminance(cd!mz) (Im) power(W) HPS 0.17 0.63 0.21 9500 100 Induction 0.17 2.88 0.08 3620 60 Philips, the lamp partner for this project, manufactures 55-watt(3300 lumens) and 85- watt(6300 lumens 1) induction lamps that entered the short list of choices for replacing the 100-watt HPS lighting on Meridian Street. The 85-watt version provides more light than was needed according to the unified photometry system. While the 55-watt induction lamp provides slightly less light than needed, it was felt that this lamp would provide a better test of a white light source tuned to mesopic vision than the higher wattage lamp. The 55-watt induction lamp provides an average photopic luminance of 0.06 cd/m`,based on illuminance measurements and road surface reflectance along Meridian Street measured after the installation of the induction lamps and fixtures. Shennecassett Road Lamp Choice (Ceramic Metal Halide Lamp) A fluorescent light source at 6500 K CCT was tested at the Easthampton, Massachusetts, test site in 2004. An induction lamp at 6500 K CCT was demonstrated as part of the Groton research project. The other white light source commercially available for street lighting is metal halide. To complete the research into possible lamp replacements for HPS that have mesopic characteristics,the project partners decided to test a metal halide lamp with a 4000 K CCT. While 4000 K is less mesopically efficacious than 6500 K, it is certainly mesopically better than the HPS lamp at 2100 K. The 4000 K CCT ceramic metal halide lamp is commercially available today. it would have been extremely difficult (and expensive) for Philips to take an existing metal halide lamp and change its correlated color temperature to match the needs of a white light mesopic lamp. 14 Lighting 1 �:Rensselaer Research Center Figure 7 shows the SPD of three Philips ceramic metal halide lamps with 4000 K CCT phosphors tested at the LRC. The S/P ratio of these lamps is 1.6. Figure 7. SPD of 4000 K CCT ceramic metal halide lamps Philips Metal Halide SPDs 0.25 - 1 1.. 0.20 - - —_ x _�.__—_ —___.__ —_- !—SPD i it C l_ _SP02'1 IC —SPD 3; M 0.10 -_ Tn c c. cn 0.05 ._... _._ _ -- — • 0.00 350 400 450 500 550 600 650 700 750 800 Wavelength(nm) The unified photometry system predicted a need for the ceramic metal halide lamp to provide a luminous flux of 4070 lumens to have an equivalent visual performance to the 9500-lumen, 100-watt HPS lamp source it replaced. Table 5 below provides the results of the power and luminance calculations. When the photopic luminance of the roadway pavement under HPS lighting (S/P = 0.63) is 0.07 cd/m`,the equivalent mesopic luminance under the same lighting condition is 0.05 cd/m`. Conversely, when the equivalent mesopic luminance of the pavement under ceramic metal halide lighting(S/P = 1.6) is 0.05 cd/m2, the photopic luminance is 0.03 cd/m2. Hence, only 4070 photopic lumens are required for each new metal halide luminaire to create a mesopic luminance of 0.05 cd/m2, while an HPS luminaire needs 9500 photopic lumens to create the same mesopic luminance. 15 Lighting }Rensselaer Research Center Table 5.Comparison between HPS and metal halide systems in photopic and mesopic luminances photopic Luminous flux Lamp input luminance(cdlm Mesopic 2) SIP ratio luminance(cdlm2) (Im) power(W) HPS 0.05 0.63 0.07 9500 100 Metal Halide 0.05 1.60 0.03 4070 70 The 70-wan ceramic metal provided halide lamp an average photopic luminance of 0.07 cd/m2, based on illuminance measurements and road surface reflectance along Shennecossett Road measured after the installation of the metal halide lamps and fixtures. This far exceeds the 0.03 cd/rn2 photopic luminance needed to provide equal visual performance to the initial HPS system. However, it must be pointed out that the illuminance measurements were taken shortly after the metal halide lamps were installed. Metal halide lamps have high lumen depreciation over their life. Ceramic metal halide lamps, as were used in this demonstration, have less lumen depreciation (5900 initial lumens versus 4150 mean lumens) than probe-start metal halide lamps, but higher lumen depreciation than HPS lamps. Therefore, over time,the photopic luminance of the ceramic metal halide lamps is expected to decrease from that measured during this project. Light Illuminance Measurements illuminance measurements were taken by LRC personnel using a Hagner model E2 illuminance meter calibrated against the LRC meter standard. For the street lighting on both Meridian Street and Shennecossett Road, horizontal illuminance measurements were taken at the road surface every 20 feet along the length of the road and every 10 feet for the width of the road for a representative section of each road. For Meridian Street, the length of roadway section measured was 260 feet and incorporated three utility poles, all of which have street lights. For Shennecossett Road, the length of roadway section measured was 300 feet and incorporated three utility poles. Only the first and third pole had street lights. Table 6 and Figure 8 provide the illuminance measurements and spatial light distribution for Meridian Street with the HPS lamps,and Table 7 and Figure 9 provide the illuminance measurements and spatial light distribution for Meridian Street with the induction lamps. 16 P Lighg : , e� sseae Research Center r Table 6.Meridian Street,HPS illuminance measurements(lux) Distance Edge of Far Edge of Along Street Payment 10 feet 20 feet 30 feet Payment (feet) 0 5.1 9.5 13.9 5.9 3.7 20(light) 9.6 15.0 17.9 10.6 5.8 40 6.5 8.0 8.4 5.8 3.9 60 4.2 7,5 8.5 7.2 5.1 I 80 4.0 6.6 8.3 7.9 5.1 100 6.3 9.8 11.8 7.2 8.1 120 6.5 14.3 16.0 6.5 6.3 140(light) 9.3 19.3 17.4 6.0 5.8 160 5.8 12.4 15.8 8.6 4.8 180 4.6 9,0 10.7 9.2 5.2 200 4.6 7.6 11.3 11.1 5.6 220 7.7 15.8 18.7 10.7 5.8 240(light) 7.9 19.8 34.0 15.0 5.6 260 6.5 13.6 20.1 11.4 6.9 Table 7. Meridian Street,induction illuminance measurements(lux) Distance Edge of 10 feet 20 feet 30 feet Far Edge of Payment Along Street Payment (feet)0 5.3 4.8 3.0 1.7 0.9 20(light) 5.9 5.7 3.7 2.0 1.2 40 3.2 4.2 2.8 1.6 1.0 60 1.7 1.5 1.1 0.8 0.8 80 1.7 1.8 1.2 1.2 1.2 100 3.7 3.3 2.5 1.8 1.5 120 4.7 4.9 3.4 2.1 2.0 140(light) 4.7 4.7 3.5 2.2 1.6 160 4,2 4.9 3.5 2.4 1.7 180 3.0 2.7 2.0 1.4 1.1 200 2.8 2.6 2.0 1.5 1.1 1 3 220 4.2 2.6 3.6 2.4 240(light) 4.4 4.6 3.7 2.4 1.2 260 3.6 3.9 3.0 1.9 1.2 17 Lighting RensselaerResearch Center Figure 8. Meridian Street,HPS spatial light distribution(in lux) Meridian HPS Light Distribution (lux) 40 ®�rr�NM30 13 dip Ell 20 2 rwrijpif*-yglmgjrimu. .:_:.::11.rv , mirawoommwartmmulemmiu (.5 0 20 40 60 BO 100 120 140 160 180 200 220 240 260 Distance Along Road 100-5 n 5-10 ❑10-15 C015-20 s 20-25 o 25-30 o 30-35 Figure 9.Meridian Street, induction spatial light distribution I ; Meridian Induction Light Distribution (Lux) 30 w l 20 0 20 40 60 80 100 120 140 160 180 200 220 240 260 Distance Along Road C]0-202-404-6 Table 8 and Figure 10 provide the illuminance measurements and spatial light distribution for Shennecossett Road with the HPS lamps, and Table 9 and Figure 11 provide the illuminance measurements and spatial light distribution for Shennecossett Road with the ceramic metal halide lamps. 18 Lighting n1 ,Rensselaer Research Center Table 8.Shennecossett Road,I-PS illuminance measurements(lux) of Far Edge Distance Along Edge of Payment 10 feet 20 feet p;�Ve ent Street(feet) (closest to lights) 2.8 4.9 2.9m 0 1.95 2 3.8 20(light) 3.1 4.4.3 5.2 .8 40 1.7 2.8 � 1.6 1.8 60 0.8 80 0.3 0.4 0.4 1.4 100 0.2 0.4 0.4 0.6 120 0.1 0.2 0.3 0.2 I 140 0.1 0.2 0.2 0.2 0.1 0.2 0.2 160(pole,no light) 0.10.1 0 2 180 0.1 0.1 200 0.2 0.2 0.2 0.4 0.7 1.3 220 0.5 0.5 240 12 1.6 2.0 3.4 260 5.7 7.8 14.7 9.5 280(light) 12•9 16.6 23.6 9.1 300 9.6 13.7 17,7 4.9 Table 9.Shennecossett Road,ceramic metal halide illuminance measurements (lux) Far Edge of Distance Along Edge of Payment 10 feet 20 feet Pavement Street(feet) (closest to lights) 5.6 0 3.4 8.4 2.6 20(light) 8.6 15.5 89 3.3 . 40 4.0 10.7 3.21.3 60 1.5 6.7 80 1.5 2.5 1.7 12 100 0.8 1.3 0.6 0.4 120 0 2 0.5 0.3 0.2 140 0.1 0.3 0? 0.1 0.1 160(pole,no light) 0.0 0.0 0.1 180 0.0 0.0 p;� 0.1 0.1 0.4 1.0 200 0.0 1.7 1.6 220 0.4 0.6 240 1.0 22 5.6 2.8 260 3.2 5.8 5.5 23.3 5.7 1.31 280(light) 10.7 2.7 l.4 300 9.8 5.3 19 Lighting R�l��.�eal✓ Research Center Figure 10.Shennecossett Road, LIPS spatial light distribution f Shennecossett HPS Light Distribution (lux) ., 30 5 , o C� Ii !) 20 10 6 ,96 0 20 40 60 80 100 120 140 160 180 200 220 240 260 280 300 Distance Wong Road 0 0-2 D 2-4 0 4-6❑6-8 m 8-10❑10-12 o 12-14 o 14-16 m 16-18 0 18-20 ❑20-22 0 22-24 I Figure 11.Shennecossett Road, ceramic metal halide spatial light distribution IE Shennecossett MH Light Distribution (Lux) 30 ',',„•......4.-E41mN,1-.--N,-,„-..,.:,-s--4i,.k.,.--,,,,.,.i.,wh,i-..i a 20 i; 5_a rth10f Q 0 20 40 60 80 100 120 140 160 180 200 220 240 260 280 300 Distance Along Road I❑0-2 t3 2-4 ❑4-6 ❑6-8 oi 8-10 ❑ 10-12 0 12-14 ❑14-16 m 16-18 p 18-20 ❑20-22 0 22-24 i Street Lighting Evaluation Methodology Mail surveys were conducted to garner residents' opinions of the initial HPS street lighting and of the demonstration induction and metal halide street lighting. A survey was sent to approximately 30 residents living on or near the Meridian Street demonstration site and to approximately 50 residents living on or near the Shennecossett Road demonstration site prior to changing the HPS street lights to either the induction or ceramic metal halide lights. This survey was conducted between March 20, 2007 and 20 Lighting }:Rensselaer Center April 20,2007. Residents were asked to provide their perceptions of visibility, safety, security, brightness, and color rendering as both pedestrians and drivers. This survey set the baseline for residents' perceptions under the original HPS street lighting conditions. A copy of the "before" survey can be found in Appendix B. Residents were offered a supermarket gift certificate of$10 if they completed both the before and after surveys. Forty-seven percent of the Meridian Street residents provided responses to the before survey, while 68% of Shennecossett Road residents responded. This high percentage of responses allowed for statistically sound analysis to be conducted. The induction and metal halide light fixtures were installed in June 2007. An anomaly was noticed in July 2007 with the light distribution of the metal halide fixtures. Replacement parts were provided by Lumec and installed in August 2007. The post- installation survey was mailed to residents who completed the pre-installation survey on or about September 20, 2007, with requests to return the surveys by October 20,2007. Fifty percent of Meridian Street residents who completed the initial survey also completed the post-installation survey. Sixty-eight percent of Shennecossett Road residents who completed the pre-installation surveys also completed the post-installation survey. This survey allowed the researchers to compare residents' perceptions between the original HPS lighting and the new demonstration lighting. A copy of the post- installation survey is included in Appendix C. The survey questions were identical to the pre-installation survey. Sending the post-installation survey to only residents that responded to the pre-installation survey allowed for within-subject analysis to be conducted. Research Results Meridian Street HPS versus Induction Lamp Figure 12 illustrates the results of comparing the induction and HPS street lighting on Meridian Street. Graph bars tracking to the right toward the positive end of the scale indicate agreement with the survey statement,while bars tracking to the left toward the negative end of the scale indicate disagreement with the statement. 21 Lighting Research Center Figure 12.Street light comparison on Meridian Street: HPS and induction(QL) Efl HPS CI QL Lamp I feel secure while walking ... 31M I I on the sidewalk ---, • I I can see vehicles approaching ... clearly ... I can see the faces of pedestrians clearly As a pedestrian,I can see other .... . if*Wil pedestrians approaching clearly I feel safe while driving ••- ------- As a driver,I can see pedestrians approaching clearly _- • I I can see other vehicles - , approaching clearly I can see the roadway pavement clearly The lighting of the street E looks better than others The lighting on the road is too cool ... in color for a street • - The lighting on the road is too warm in color for a street Colors of vegetation look natural .... Colors of traffic signs appear clear - ••-•• -- --•-- - - Light fixtures on poles are too bright .... Road looks gloomy r I like the lighting on Meridian! •Shennecossett Road ••_ , " 1 I -2 0 1 2 disagree agree Agreement with Question 22 Lighting Research Center t;YA Rensselaer The results depicted in Figure 12 show a strong preference for the induction lamp at 6500 K CCT. Survey respondents indicated that they felt safer and could see better with the 55- watt induction lamp at 6500 K CCT than with the 100-watt HPS at 2100 K CCT. On the questions of visibility—as a pedestrian seeing vehicles approaching clearly, seeing faces of other pedestrians clearly, and seeing other pedestrians approaching clearly; and as a driver seeing pedestrians approaching clearly, seeing other vehicles approaching clearly, and seeing the roadway pavement clearly—the induction street lighting showed residents' agreement with these statement to score between 1.0 and 1.6 on a scale of—2.0 to +2.0. The HPS street lighting for the same questions had agreement scores of 0.3 to 0.8. This shows a clear preference for the induction street lighting providing higher perceptions of visibility for both drivers and pedestrians. On the questions of safety and security, including feeling secure while walking and feeling safe while driving, the induction street lighting again outscored the HPS system. The scores for the induction lighting for these questions were 1.6 in agreement with the survey statements, again using the—2.0 to+2.0 scale. The HPS lighting system had agreement scores of 0.2 and 0.8. On the questions on brightness, including the road looks bright and the lighting is comfortable, again the induction street lighting had higher scores of residents' agreement with the statements.Neither light source was viewed as being too bright. Color rendering also favored the induction lighting. However, neither light source was perceived as being too cool or warm in color. Possibly the best comparison of visibility, brightness, and color rendering can be seen in Figures 2 and 3 above. These photographs were taken on the same section of Meridian Street with HPS lighting and after the installation of the induction lighting. The photos exposures are similar with regards to a combination of F-stop, exposure time, and ISO speed. The resident with the white car had it parked in identical positions for both photos, even though Figure 2 was taken on April 27, 2007 and Figure 3 on August 27, 2007. Please examine closely the details of the white car in both photos and the visibility and color of the vegetation. It is clear from these photos why residents' perceptions of visibility, brightness, and color rendering were higher with the induction lighting at 6500 K CCT. However, one must take into account that Figure 2 was taken with some fog moving into the area. Shennecossett Road HPS versus Ceramic Metal Halide Figure 13 below illustrates the results of comparing the ceramic metal halide and HPS street lighting on Shennecossett Road. Graph bars tracking to the right toward the positive end of the scale indicate agreement with the survey statement, while bars tracking to the left toward the negative end of the scale indicate disagreement with the statement. 23 Lighting Rensselaer Research Center Figure 13.Street light comparison on Shennecossett Road: HPS and ceramic metal halide ®HPS p Metal Halide I feel secure while walking ..... on the sidewalk I can see vehicles approaching clearly I can see the faces of .. pedestrians clearly As a pedestrian,I can see other ...-.. pedestrians approaching clearly I feel safe while driving •--..•� .... . ' � As a driver,I can see pedestrians .. _ � approaching clearly I can see other vehicles approaching clearly I can see the roadway .. .., ..._ pavement clearly The lighting of the street looks better than others ? ." The lighting on the road is too cool in color for a street I: The lighting on the road is too warm in color for a street I` Colors of vegetation look natural Colors of traffic signs appear clear Light fixtures on poles are too bright -•- Road looks gloomy •-- --- Road looks bright The lighting is comfortable •- ...-- I like the lighting onMeridian/ _-- -•-•;• _-..._: .:( shennecossett Road -2 -1 0 1 2 disagree agree Agreement with Question 24 Lighting � sseae Research Center In analyzing the results of the two street light types, it must be remembered that the high luminance and illuminance values for the metal halide lighting will decrease over time as the lamp ages. The survey of residents occurred while the metal halide lamp was at its peak light output. The results from the unified photometry system analysis would indicate the metal halide lamp should outperform the HPS street lighting at the current photopic luminance values for the metal halide. At mean lumen output, the metal halide lamp should provide approximately the same visual performance as the HPS it replaced. All this said, the results depicted in Figure 13 show a strong preference for the metal halide lamp at 4000 K CCT. As predicted by the unified photometry system, survey respondents indicated they felt safer and could see better as both drivers and pedestrians with the 70-watt metal halide street lighting than with the 100-watt HPS. On the questions of visibility—as a pedestrian seeing vehicles approaching clearly, seeing faces of other pedestrians clearly, and seeing other pedestrians approaching clearly; and as a driver seeing pedestrians approaching clearly, seeing other vehicles approaching clearly, and seeing the roadway pavement clearly—the metal halide street lighting showed residents' agreement, on average, with these statements to score between 0.6 and 1.45 on a scale of—2.0 to+2.0. The HPS street lighting for the same questions had agreement scores of—0.75 to 0.3. This shows a clear preference for the metal halide street lighting providing higher perceptions of visibility for both drivers and pedestrians. On the questions of safety and security, including feeling secure while walking and feeling safe while driving, the metal halide street lighting again outscored the HPS system. The scores for the metal halide lighting for these questions were 0.8 and 1.4 in agreement with the survey statements, again using the—2.0 to + 2.0 scale. The HPS lighting system had agreement scores of—0.55 and 0.3. On the questions on brightness, including the road looks bright and the lighting is comfortable, again the metal halide street lighting had higher scores of residents' agreement with the statements.Neither light source was viewed as being too bright. Color rendering also favored the metal halide lighting. However, neither light source was perceived as being too cool or warm in color. Comparison of Groton Mesopic Street Lighting Results with Other LRC Research The LRC has conducted demonstration and evaluation research regarding mesopic street lighting at other locations. The results of the Easthampton, Massachusetts, research are summarized in the introduction to this report, including Figure 1 above and in Appendix A. Another mesopic project was conducted in Austin,Texas. The results of residents' perceptions of visibility, safety, security, brightness, and color rendering from the Groton research are very similar to those found in other LRC mesopic research.'2 Although very few subjects completed the survey, Figure 14 depicts the limited results from the Austin street lighting study. 25 Lighting (: }Y Rensselaer Research Center Figure 14.Austin,Texas Mesopic Research Results12 UPS CI Fluorescent I feel secure while walking on sidewalk As pedestrian,I can see vehicles approaching clearly As pedestrian,I can see pedestrian . fads clearly As pedestrian,I can see other ••. ..........:: ....... pedestrians clearly Feel safe while driving As driver,I can see pedestrians clearly As driver,I can see other vehicles clearly As driver,I can see roadway pavement clearly Good example of security lighting Lighting looks better than other portions of street Lighting on street ,,:...:....:........: too cool in color Lighti oni too warngm in colorstreet Color of vegetation � — looks natural Color of traffic signs __ appearclear Lighting fixtu areres t000n brighpolest Street looks gloomy • Street looks bright Street lighting is comfortable --- Like the street lighting -2 -1 0 1 2 disagree agree Agreement with Question 26 Lighting � �RensselaerResearch Center The Austin street lighting compared HPS with two fluorescent T5 twin-tube, 50-watt lamps at 4000 K CCT. Median (rather than average)values of residents responses were used because of the limited number of responses. Given residents' overwhelming positive perceptions for street lights tuned toward optimizing mesopic vision as compared to HPS street lighting in multiple research studies, one must conclude that mesopic street lighting has the ability to increase perceptions of visibility, safety, security, brightness, and color rendering while reducing photopic luminance and lamp wattages. This outcome is consistent with the unified photometry system's predicted visual performance. City Police Perceptions of Newer Street Lighting LRC personnel interviewed City of Groton Police Chief Bruno Giulini and night-shift patrol personnel. Chief Giulini supports the use of street lights to reduce accidents and deter crime. He believes the new lighting on Meridian Street and Shennecossett Road appears to be brighter than the HPS it replaced.stieet light anake or color bjecas look mring orenatural. properties. Patrol personnel believetheew They believe HPS lighting changes the color of objects. Other Research into Perceptions of Brightness Brightness, more so than illuminance, will guide people's perceptions of safety and security. In reports by Reai3 and Fotios et al.'4, it was found that metal halide and fluorescent outdoor lighting provided perceptions of higher brightness than HPS. This allows photopic luminance to be less for the whiter light sources while providing the same degree of brightness. Therefore,white light sources can be of less wattage than an HPS source. Rea,through experimentation, estimated the ratio of HPS luminance to metal halide luminance to be 1.4 to provide perceptions of equal brightness at a background luminance of 0.1 cdlm' to 1.0 cdlm2, and a ratio of 1.8 at a background luminance of 0.01 cd/m2 to 0.1 cdlm 2. The background photopic luminance of Shennecossett Road (0.07) falls within these ranges. The ratio of the HPS luminance to the metal halide luminance is currently 1.0. Therefore, Rea's outcome would predict that subjects viewing the lighting on Shennecossett Road would have higher perceptions of brightness with the metal halide lighting than with the HPS lighting.The outcome from the subject surveys verified that people perceive the brightness to be higher with the metal halide lighting. Performance and Economics Considerations Outdoor temperatures vary throughout the year. Lamps enclosed in water-tight light fixtures located outdoors will experience changes in the ambient temperature in which they operate. Changes in ambient temperature will affect the lamp efficiency and total lumen output. This is truer for fluorescent-type lamps than for HPS lamps. The induction lamp osis a fluorescing as oambienttem e temperature ch halide ges. Fluorescent type lamps are erience minimal losses in lumen output as thep 27 Lighting Rensselaer Research Center rated for maximum lumen output at a certain ambient temperature, 25°C for T8 and 35°C for T5. The LRC,through its lamp testing, has found the Philips induction lamp has a maximum light output at approximately 25°C. Fluorescing lamps operated at either higher or lower temperatures will experience lumen losses. The LRC's National Lighting Product Information Program has published a Lighting Answers publication that discusses the effects of ambient temperature on fluorescent lighting systems.l5 Figure 15 illustrates the effects of ambient temperature on T5 and T8 lamps. An ambient temperature of 50°C (122°F) within a totally enclosed outdoor light fixture during summer months will reduce T5 light output by approximately 14%. Conversely, an ambient temperature within the light fixture of 10°C (50°F) will reduce light output by approximately 60%for a T5 lamp.. Figure 15. Light output and ambient temperature's 110 100 . ,1R. �. 80..� I — _,,, 10 0 ' 1 5 10 15 20 25 30 35 40 45 50 55 Ambient Temperature(°C) This diagram is quoted from SILHOUETTE T5,T5 HO 8tT5 Circular Fluorescent Lamp Technology Guide,Philips Lighting Company, The LRC tested the Philips 55-watt induction lamp at low and high ambient temperatures using a freezer or a lab oven and a 1 ft x I ft x l ft foamcore box to represent the light fixture. The lamp was placed within the box in a base-up operating position. The lamp driver was placed outside the box. A thermocouple on the inside bottom of the box measured the ambient temperature within the box. A small hole on the side of the box was cut to measure illuminance with a Hagner EC 1 meter. The temperature within the freezer was—15.3°C (4.5°F). The lab oven was controlled and testing was performed at 40°C (104°F), 50°C (122°F), and 60°C (140°F). Table 10 below illustrates the testing results at both low and high ambient temperatures for the induction lamp. 28 Lighting ; Re tissela� Research Center r Table 10.Induction lamp performance at varying ambient temperatures Lamp Box base temp Illuminance Situation temp(°C) (°C) _ (Ix) %illuminance* Lamp outside of box, ambient 26.7°C 86.0 Lamp in box, on bench, ambient 26.7°C 100.0 28.8 50,400 100.0% -Lamp in box,in freezer,ambient—15,3°C 68.0 10.2 49,800 98.8% Lamp in box,in oven, ambient 40°C 108.7 39.0 47,900 95.0% Lamp in box, in oven, ambient 50°C 113.5 46.3 45,200 89.7% Lamp in box,in oven, ambient 60°C 121.3 58.4 42,000 83.3% These percentages represent the illuminance amount in comparison to the stable lamp in the box, on bench,in room temperature environment(50,400 Ix). The lamp base temperature was measured at the junction of the lamp base to the lamp. The box temperature was the temperature at the bottom of the inside of the foam core box and represents the ambient temperature of the lamp environment. The induction lamp performs better than either a T5 or T8 fluorescent lamp in both cold and hot ambient environments. Lumen reduction was less than 2%at a box temperature of 10°C and slightly more than 10% at 46°C. The small amount of light output loss confirms the induction lamp as a good choice for outdoor lighting applications. Replacing a 100-watt HPS light source (118 watts with ballast) with a 55-watt induction light source14 or a 70-watt metal halide lamp (85 watts with ballast) saves considerable amounts of energy.9 Assuming 4,160 hours of operation per year, the 100-watt HPS system will use 491 kilowatt-hours (kWh),compared to the 55-watt induction system at 229 kWh and the metal halide system at 354 kWh.16 This is a 53%reduction in annual energy use for the induction system and a 28% reduction for the metal halide system. Cost savings to the user of the induction system at 15.4977 cents per kWh for energy purchases would be $40.62 per year ($76.08 for 100-watt HPS versus $35.46 for 55-watt induction).17 The metal halide system also saves money for energy. Cost savings for this system would be $21.28 per year($76.08 for 100-watt HPS versus $54.80 for metal halide). Using either the induction lamp or the metal halide lamp will increase maintenance costs. For the induction lamp, annual maintenance costs are increased slightly by $0.97per lamp because of the higher cost for the replacement lamp and driver. This higher cost is offset by doubling the life expectancy of the induction lamp compared to an HPS lamp. Adding to the cost of the induction lamp replacement is the need to replace the lamp driver at the time of lamp replacement. Currently,the cost of a ceramic metal halide lamp is high. Given this and the shorter life (30,000 hours for HPS and 20,000 for metal halide) of the metal halide lamp compared to the HPS lamp, annual maintenance costs would greatly increase by $24.06 per lamp. 29 Lighting �` �: RensselaerResearch Center Three methods of analysis can be used to determine the economic viability of alternatives to high-pressure sodium street Iight systems. The first looks at simple payback where any additional capital costs must be offset with annual savings. The second economic analysis examines alternative street lighting scenarios from a utility's annual ownership and operating perspective or rate-making analysis. The third method is lifecycle cost. The following assumptions were used for all economic analyses: • Capital cost for HPS system less lamp is $75*'t7 • Capital cost for the induction system less lamp and driver is $200='18 • Capital cost for the metal halide system less lamp is $8012 • Labor to install a new street light is $15019 • The outdoor lightinf system operates 4,160 hours per yeart6 • Lamp costs are $43-0 for a 100-watt HPS non-cycling, $20021 for 55-watt induction with driver, and $1112°for 70-watt ceramic metal halide • Labor to change a lamp on an existing outdoor fixture is $10019, including travel time to the site and use of bucket truck • Lamp life is 30,000 hours9 for the 100-watt HPS non-cycling, 60,000 hours'' for 55- watt induction, and 24,000 hours'`' for 70-watt ceramic metal halide • Energy cost is $0.154977 per kWh" • Total system wattage for HPS 118 watts16, for induction 55 watts'' and for metal halide 85 watts9 • Street light fixture amortization is 27 years19 "Note: Approximate costs of the different outdoor lighting fixtures are subject to price changes due to the ever-changing prices of raw materials. To determine the simple payback of using either the induction or metal halide lighting systems,the capital cost of the induction, metal halide, and HPS systems must be determined and the savings from using the induction or metal halide system must be included in the calculation. Two different scenarios exist for simple payback, one for newly designed/installed lighting systems and one for retrofitting existing HE'S lighting systems. For new outdoor lighting, the differential capital cost of the induction or metal halide versus the HPS lighting system is used. For retrofit situations, the full cost of the induction or metal halide system plus the labor costs to install the system must be considered. 30 � Lighting r:Tersse � Research Center Simple Payback: New Outdoor Induction Lighting Installations Differential Capital Cost, Induction versus HPS= (Induction fixture cost+ lamp costs+labor cost) (HPS fixture cost+ lamp cost+ labor cost) = ($200 + $200 lamp+ $150)—($75+$43+$150) =$550--$268 Differential Capital Cost=$282 Annual Energy Savings, Induction versus HPS =(HPS wattage—Induction wattage)/1000 x 4,160 hours of operation x $0,154977 per kWh = (118 W—55 W)/1000 x 4,160 x $0.154977 Annual Energy Savings=$40.62 Annual Maintenance Savings, Induction versus HPS= (HPS lamp cost+ labor cost) x (annual operating hours/lamp life)—(Induction lamp costs+labor cost) x (annual operating hours/lamp life) Annual Maintenance(4,160/30,000) ) + =$19 83-$20.80 ( 0-$0.97 OOfl) Simple Payback= Differential Capital Cost/(Annual Energy Savings+Annual Maintenance Savings) = $282/$39.65 Simple Payback=7.1 years Simple Payback: New Outdoor Metal Halide Lighting Installations Differential Capital Cost, Metal Halide versus HPS= (Metal Halide fixture cost+ lamp costs+ labor cost)—(HPS fixture cost+ lamp cost+labor cost) = ($80+$111 lamp+ $150)—($75+$43+$150) $280—$268 Differential Capita! Cost=$73 Annual Energy Savings, Metal halide versus HPS= (HPS wattage—Metal Halide wattage)/1000 x 4,160 hours of operation x $0.154977 per kWh = (118 W—85 W)/1000 x 4,160 x $0.154977 Annual Energy Savings=$21.28 Annual Maintenance Savings, Metal Halide vers us PS labo cost) � (annual operatin cost+ labor g) x hours 1al operating hours/lamp life)—(Metal Halide lamp costs lamp life) = ($43+ $100) x (4,160/30,000)—($111 +$100) x (4,160/24,000) Annual Maintenance Savings=$19.83—$30.00=—$16.74 Simple Payback= Differential Capital Cost/(Annual Energy Savings+Annual Maintenance Savings) =$73/$4.54 Simple Payback= 16.1 years 31 Lighting Research Center *Rensselaer sselaer Simple Payback: Retrofit Outdoor Induction Lighting Installations Capital Cost of Induction System = Fixture cost+ lamp costs + labor =$200+ $200 lamp. +$150 Capital cost=$550 Annual energy savings and maintenance savings will be the same as new induction lamp installations described above. Simple Payback= Capital Cost/(Annual Energy Savings+Annual Maintenance Savings) =$5501$39.65 Simple Payback= 13.9 years Simple Payback: Retrofit Outdoor Metal Halide Lighting Installations Capital Cost of Metal Halide System = Fixture cost+lamp costs + labor =$80+$111 lamp. +$150 Capital cost=$341 Annual energy savings and maintenance savings will be the same as new metal halide lamp installations described above. Simple Payback= Capital Cost I(Annual Energy Savings+Annual Maintenance Savings) =$341 /$4.54 Simple Payback=75.1 years Utility annual ownership and operating perspective or rate-making analysis includes the annual cost of maintenance, energy, and capital. The accepted amortization period for street lights is 27 years.19 This is an approximation of the life of a street light fixture. The other costs that must be recovered through street light rates are the business overheads, taxes, and any profits. For purposes of this analysis, these other costs will be the same for all types of street lighting. Based on Groton Utilities' current street light rate and purchased power adjustment for a 100-watt HPS system, the "other" annual costs are $25.81. The annualized capital cost for each street lighting system is the cost of the fixture plus cost of the lamp plus installation cost divided by the amortization period of 27 years. The annualized capital cost for the 100-watt HPS system is $75 fixture + $43 Iamp + $150 installation +27 years=$9.93. The induction annualized capital cost is $200 fixture+ $200 lamp+ $150 installation 27 years=$27.37. The annualized capital cost for the metal halide system is $80 fixture+$111 lamp+ $150 installation -27 years = $13.37 Total annual ownership and operating costs for each street light system analyzed is included in Table 11 below. 32 Lighting ( )- tisselaer Research Center Table 11.Comparison of street light annual ownership and operating costs r HPS Induction Metal Halide $27.37 $13.37 Annual Capital Cost $9.93 $54 80 Annual Energy Cost $76.08 $35.46 $20.80 $36.57 • Annual Maintenance Cost $19.83 $25 81 Annual"Other"Costs $25.81 $25.81 Total Annual Cost $131.64 $109.44 $130.65 Lifecycle costs examines the capital cost of the street lighting made in Year 1 and all annual energy and "other" costs and maintenance costs as they occur over the 27-year life of the street light fixture. For this analysis,there is no salvage value or disposal costs at ine resent value the end of life. 6% annualdicount rate was cost of eachuof�he three to t streetl igh t systems all costs. Table 12 shows Y evaluated. Table 12.Street light systems lifecycle costs HPS Induction Metal Halide Capital Cost $268.00 $550.00 $341.00 $723.94 Lifecycle Energy Cost $1005.06 $468.45 $418.31 Lifecycle Maintenance Cost $218.Ei3 $190.34 $340,96 Lifecycle"Other"Cost $340,96 $340.96 Total Lifecycle Cost $1832.65 $1549.75 $1824.21 Conclusions Residents' perceptions of visibility, safety, security,brightness, and color rendering improved considerably under both the induction and ceramic metal halide street lighting compared to their perceptions with the HPS street lighting. Photopic illuminance levels were lower for both the induction and metal halide street lighting compared to the original HPS lighting. On Meridian Street, the average photopic illuminance with HPS street lighting was 9.58 lux as compared to 2.70 lux with the induction lighting. On Shennecossett Road, the average photopic illuminance with HPS street lighting was 3.20 lux as compared to 3.10 lux with the ceramic metal halide lighting. The unified photometry system developed by the LRC is a good predictor of visual performance under different lamp scotopic-to-photopic ratios and varying photopic luminance values. The unified photometry system predicts that the visual performance should be about the same when 55-watt induction lamps at 6500 K CCT are used to replace 100-watt HPS street lighting on Meridian Street. For Shennecossett Road, the unified photometry system predicts increases in visual performance when the 70-watt ceramic metal halide lighting replaces the 100-watt HPS street lights. While the 33 Lighting Rensselaer Research Center residents' survey responses on visibility are not the same as visual performance testing, they are an indicator of preferred lighting sources to enhance visibility. The unified photometry system results comparing the 100-watt HPS street lighting with the 55-watt induction and the 70-watt metal halide with regard to visibility agree with the perceptions of survey respondents. The survey results obtained at both Meridian Street and Shennecossett Road with regard to perceptions of visibility, safety, security, brightness, and color rendering compare favorably with results from similar research conducted in Easthampton, Massachusetts, and Austin,Texas. In all cases, residents responding to similar surveys indicated they could see better and felt safer as both drivers and pedestrians with street lights that were tuned to favor mesopic vision while remaining in the white light zone. Utilization of high scotopic-to-photopic ratio lamps under low photopic luminance conditions can reduce lamp wattage while maintaining, or improving visual performance. For luminance conditions as found on Meridian Street and Shennecossett Road, a 6500 K CCT lamp with its higher S/P ratio, such as the induction lamp used at Meridian Street, allows lower wattage lamps to be used than a lamp with a lower S/P ratio, as found with the metal halide lamp at 4000 K CCT. Using lamps with even higher S/P ratios could further reduce lamp wattages while maintaining visual performance. However, it is uncertain whether residents would accept a street light that essentially emits a green light. Therefore, a lamp with around a 6500 K CCT that remains a white light source optimizes both mesopic vision and residents' acceptance. The induction lamp, while still considered a fluorescing light source, performed better than most linear or compact fluorescent lamps at both low and high lamp ambient temperatures. The light loss of the induction lamp at approximately 37°F was only 1% compared to a T8 lamp at 25% loss and T5 lamp with 60% loss of light output. More light is lost at high ambient temperatures than cold temperatures for the induction lamp; however, it still outperforms the T8 fluorescent lamp. For a lamp ambient temperature of approximately 115°F, the induction lamp loses approximately 10% of its light output. The T8 fluorescent lamp loses 21% at this temperature and the T5 lamp loses 5%. The energy-saving potential is substantial with the use of either the 55-watt induction or 70-watt metal halide street lighting systems to replace 100-watt HPS street lighting. The 55-watt induction street light uses 228 kWh annually,while the 70-watt metal halide lighting uses 354 kWh annually. These are compared to 491 kWh for the 100-watt HPS system. The induction street light reduces energy use by 263 kWh annually or a 53.6% reduction. The metal halide system has an annual reduction in energy use of 137 kWh or 27.9%. These energy savings translate into annual cost savings of$40.62 for the induction street lighting and $21.28 for the metal halide. All energy costs are based on $0.154977 per kWh.22 Annual maintenance costs are important to any utility that must maintain a street lighting system. These costs are the second highest cost (after energy) in owning and operating a 34 Lighting °}'Rensselaer Research Center = street light system. Any street lighting system that reduces maintenance costs will be favorably considered by a utility. Maintenance costs are a function of labor costs to change a burned out lamp, the cost of the lamp, and life of the lamp. In the case of the HPS street lighting system, lamp costs are relatively low and lamp life is good at 30,000 hours for non-cycling HPS lamps. Induction street lighting has double the life at 60,000 hours but both the lamp and the driver must be replaced at the end of life. These components are much more expensive than the 100-watt HPS lamp. Therefore, the annualized maintenance cost for the induction system is slightly higher($0.97 annually) than the HPS system it would replace. Ceramic metal halide lamps currently are expensive at$111 each and their life (24,000 hours- ) is shorter than that of HPS lamps. This combination increases annualized maintenance costs for the metal halide street lighting by $16.74 above the HPS street lighting system it would replace. The economics of replacing existing HPS street lighting systems with either the induction or metal halide street lighting must be considered before recommendations can be made. Simple paybacks are long for both new street light installations and for retrofitting existing street lighting with the induction street lighting system and even longer for the metal halide system.New induction lighting installations where just the differential capital cost is considered require the energy savings to pay off the additional capital cost in 7.1 years. Retrofitting existing HPS street lights with the induction lighting requires the energy savings to pay off the entire capital cost in 13.9 years. The metal halide system offers minimum annual savings ($4.54) compared to the HPS system because of the large increase in annual maintenance costs. Therefore,the metal halide street lighting has longer paybacks than the induction system. There are other economic analyses used by utilities to analyze capital expenditures besides simple payback. One such analysis is utility rate-making economics where the capital costs are amortized over the useful life of the street light and are added to the annual operating, overhead, taxes, and profits costs. The accepted life of street lights is 27 years.'9 Using this economic method,the 55-watt induction street light reduces annual utility ownership and operating costs by $22.20 per street light from the existing 100-watt HPS street lighting system. There is a small decrease ($1.09) in annual utility ownership and operating costs for the metal halide lighting. Lifecycle costing is another means of examining the economics of the different street lighting systems. All ongoing costs are brought back to a present value and added to the initial capital cost. Any salvage value or disposal costs at the end of the street light life are subtracted or added. The discount rate used for this analysis was 6%, which reflects the approximate cost of money to Groton Utilities. The 55-watt induction street lighting has the lowest lifecycle cost of the three street lighting systems examined at$1,549.75. The 70-watt metal halide system is next at$1824.21 and the 100-watt HPS system is last at$1,832.65. 35 Lighting Research Center Rensselaer Recommendations Efficient white light sources tuned to mesopic vision conditions with high scotopic-to- photopic ratios are recommended as replacements for high-pressure sodium street lighting. These light sources should have a correlated color temperature of approximately 6500 K and provide approximately 65 to 70 photopic lumens per watt. At low luminance levels of 0.1 cd/m2, energy savings of 40e/a to 50% are possible. At slightly higher luminance levels of 0.3 cd/m2, energy savings are approximately 30%. The 55-watt induction street lighting system at 6500 K CCT is an energy-efficient replacement for 100-watt HPS street lighting and should be pursued for new street light installations. It should also be examined as a retrofit for existing 100-watt HPS street lighting. Induction lamps perform well in both cold and hot ambient conditions. The utility ownership and operating cost and lifecycle cost economics show savings when using the induction lamp compared to the existing HPS. The 70-watt ceramic metal halide is not a good substitution for 100-watt HPS street lighting systems and should not be pursued, primarily because the economics of the metal halide system provide minimum economic advantages compared to 100-watt HPS systems. Shorter lamp life and high lamp costs increase annual maintenance costs. White light-emitting diodes (LEDs) are beginning to enter the street light market. These long lasting (approximately 50,000 hours)LEDs can be tuned to meet mesopic lighting conditions by applying phosphors to obtain a 6500 K CCT. Currently, commercially available white LEDs are approximately 50 lumens per watt including driver energy. However, their efficacy is improving every year. White LEDs should be considered for replacing HPS street lighting in about three years time when their efficacy is higher and their cost has reached reasonable levels to be economically viable. Groton Utilities may want to consider postponing decisions on street light replacements until white LEDs become economically available. Figure 16 illustrates a new LED street light. 36 Lighting .: } 1�ellsseae Research Center Figure 16. f_ED street fight 3• "''cam _ 4 ; .,... :: "'?i`i;;; =�' S " ,."1- 4. --.'2-x, lx .--- .e {, x _,' `'.w.-., ' :"^l r..i g :« r � r ''mow �� � .'. ` r - x'� •,_. .tr- - . om' F E;q rEc�.= " r. i a.. r1. y The unified photometry system should be used to determine replacement wattages of • various size street lights based on lamp SIP ratio and, for new installations, IESNA recommended luminance values for the type of street being ►lluminated. For existing street lighting, measurements of existing luminance values can be calculated by measuring illuminance and roadway surface reflectance. The luminance values can be entered into the unified photometry system to determine appropriate replacement lighting systems that provide equal visual performance. Any new or replaced street lighting must follow Connecticut law and meet the full cutoff classification of street light fixtures. 37 II Lighting -)Rensselaer Research Center References 1. Rea M,Bullough JD, Freyssinier JP,Bierman A. 2003. X (A system of mesopic photometry based on reaction time measurement). CIE Expert Symposium '02:Temporal and Spatial Aspects of Light and Colour Perception and Measurement (pp. 51-58), Veszprem, Hungary, August 22-23, 2002. Vienna, Austria: Commission Internationale de l'Eclairage. 2. Akashi Y, Rea MS. 2002. Peripheral Detection While Driving Under a Mesopic Light Level.Journal of the IESNA 31(1): 85-94. 3. Rea M, Bullough JD,Freyssinier JP, Bierman A. 2004. A Proposed Unified System of Photometry. Lighting Research and Technology 36(2): 85-111. 4. He,Y., M.S. Rea, A. Bierman, and J. Bullough. 1997. Evaluating light source efficacy under mesopic conditions using reaction times,Journal of the IESNA 26(1): 125-138. 5. He, Y., A. Bierman, and M.S. Rea. 1998. A system of mesopic photometry. Lighting Research and Technology 30(4): 169-175. 6. Bullough, J., and M.S. Rea. 2000. Simulated driving performance and peripheral detection at mesopic light levels,Lighting Research and Technology 32(4): 194-198. 7. Lingard, R., and M.S. Rea. 2002. Off-axis detection at mesopic light levels in a driving context,Journal of the IESNA 31(1): 33-39. 8. Akashi Y,Rea MS, Morante P. 2004. Unified Photometry: An Energy-efficient Street Lighting Demonstration in Easthampton,Massachusetts.Proceedings of the CIE Symposium '05, Vision and Lighting in Mesopic Conditions. 9. Philips Lighting Company. 2006. High Intensity Discharge Lighting, SAG 100 Catalog. 10. Gillet, M., and P. Rombauts. 2001.Precise Evaluation of Upward Flux from Outdoor Lighting Installations (applied in the case of roadway lighting), London (UK) Light Trespass Symposium,Nov. 2001. 11. Philips Lighting Company. 2007. OL Induction Lighting Systems: Information for Original Equipment Manufacturers. 12. Morante P, Akashi Y,Rea M,Brons J,Bullough J.November 20, 2007. Demonstration and Evaluation of Fluorescent Outdoor Lighting in the City of Austin, Texas. Lighting Research Center report. 38 Lighting Rensselaer Research Center 13. Rea M. October 1996. Essay by Invitation. Lighting Design and Application. pp. 15- 16. 14. Fotios SA, Cheat C. 2007. Lighting for Subsidiary Streets: Investigation of Lamps of Different SPD. Part 2—Brightness.Lighting Research and Technology 39(3): 233- 252. 15. Akashi Y. 2002. T5 Fluorescent Systems.National Lighting Product Information Program: Lighting Answers. 16. Connecticut Light and Power Company. 2007. Rates and Tariff. Rate 116: Street and Area Lighting. 17. Conner D. December 7, 2007. Memo to P. Morante. 18. Simard,3F. Memo to P. Morante. December 2007. 19. Morante P. Expert knowledge based on experience managing utility street light programs. 20. Grainger. n.d. Catalog Number 398. pp. 472 and 477. 21. Hur, D.November 11, 2007. Memo to P. Morante and January 28,2008 discussions. 22. Groton Utilities. Electric Rates Effective July 2005 and Purchase Power Adjustment Effective November 2007. 23. Brons J, Bullough J, Rea M. October 2007. Light Pollution: Thinking Inside the Box. Lighting Journal, Institution of Lighting Engineers 72 (5). 39 Lighting Research Center le Rensselaer Appendix A: Unified Photometry: An Energy-Efficient Street Lighting Demonstration in Easthampton, Massachusetts S Rensselaer Progress Report: 9 Improving Acceptance and Use of Energy-Efficient Lighting Unified photometry: An energy-efficient street lighting demonstration in Easthampton, Massachusetts Submitted to: The U.S. Energy Protection Agency Prepared by: Yukio Akashi, Mark Rea, Peter Morante Date: April 9, 2004 Sponsor: The U.S. Energy Protection Agency Collaboration: Western Massachusetts Electric Company Town of Easthampton, Massachusetts Magnaray International Paclantic International Lighting Research Center Rensselaer Polytechnic Institute 21 Union Street Troy, NY 12180 518-687-7100 518-687-7120 (fax) Lighting Research Center 40 Lighting Research Center 0 Rensselaer Unified photometry: An energy-efficient street lighting demonstration in Easthampton,Massachusetts Yukio Akashi, Mark Rea, Peter Moronic Lighting Research Center Rensselaer Polytechnic Institute April 9, 2004 SUMMARY: The Lighting Research Center(LRC) has developed a new, unified photometry system, covering all light levels—from photopic (e.g., lit interior and daytime) through mesopic (e.g., lit streets at night) to scotopic (e.g., unlit spaces at night) light levels (Rea et al. 2003; Rea et al., 2004). This new system is consistent with existing photometry and maintains all orthodox photometric conventions. And, it is easy to use by lighting engineers and manufacturers. However, to evaluate the suitability of the new photometry system for practical applications, it was still necessary to conduct a demonstration of its benefits. The LRC, in partnership with Western Massachusetts Electric Company (WMECO) and the Town of Easthampton, Massachusetts, conducted a demonstration study along Clark Street in Easthampton. The results of the demonstration showed that the new fluorescent lighting system can save 30%of the energy consumed by conventional HPS lighting on the street. In addition, the results of the surveys suggested, on the average,that residents evaluated the fluorescent lighting system as better than the HPS system regarding brightness perception, color appearance, and the perception of safety and security. Finally,this study supported the use of the new, unified photometry system. 1. INTRODUCTION Human eyes have two types of visual receptors in the retina cones and rods. The current system of photometry, based on the spectral sensitivity of fovea! cones, does not function well at characterizing the visual effectiveness of electric light sources at mesopic light levels where rods are also involved. Since the peak wavelength sensitivity of rods is shorter than it is for cones, human visual sensitivity shifts toward shorter wavelengths at lower light levels. Therefore, current photometry underestimates the effectiveness of lamps with relatively more short-wavelength output at rnesopic light levels. The unified photometry system can more appropriately evaluate the effectiveness of lamps with various spectral power distributions (SPD) by providing"unified" luminance according to the light levels to which human eyes adapt(Rea et al. 2003; Rea et al. 2004). The use of unified photometry may completely change practices in outdoor lighting. Table I shows photopic illuminance and relative electric power required to obtain criterion levels of off-axis visual performance when illuminated by various SPDs. As the light level decreases, the performance of high-pressure sodium (HPS) lamps, relative to other sources, is reduced. Conversely, metal halide (MH) and fluorescent lamps, which have more short-wavelength components, reduce their relative power requirements to meet criterion visual performance levels. 41 Lighting Research Center The LRC developed the unified photometry system based on a series of recent laboratory studies (He et al. 1997; He et al. 1998). Simulated driving studies verified the validity of the fundamental findings but found a difference in off-axis detection between MH and HPS lamps to be sometimes larger than would be predicted by the unified photometry system (Bullough and Rea 2000; Lingard and Rea 2002). A recent field study to examine target detection by subjects driving along a closed track found that targets illuminated by MH lamps can be more quickly detected by the subjects than those made visible by HPS lamps (Akashi and Rea 2002). The results dramatically underscored the benefits of the unified photometry system. This demonstration study was conducted to extend the I findings from those controlled studies to real street lighting contexts. The objectives of the study were to demonstrate how much lighting power can be reduced through the use of the unified photometry system while improving subjective impressions. Table 1.Photopic illuminance and relative power required to obtain the same brightness perception and visibility of spaces and objects illuminated by various SPD lamps SIP 0.6 cd/m2 0.3 cd/m2 0.1 ed/rn2 Light source Relative Relative Relative ratio" E(lx}"" power.. E(lr} power power power 400 W UPS 0.66 26.9 100% 13.5 100% 4.5 100% 1000 W 4.41 26.9 833% 10.5 648% 2.6 478% incandescent 3500 K fluorescent 1.44 26.9 130% 10.4 100% 2.5 73% 400 W ME 1.57 26.9 119% 10.0 88% 2.4 63% 5000 K fluorescent 1.97 26.9 130% 9.0 87% 1.9 57% 6500 K fluorescent 2.19 26.9 130% 8.5 82% 1.8 52% * -S/P ratio:the ratio of scotopic lumens to photopic lumens of each lamp **-E: illuminance measured in lux(lx) ***-Relative power(%)normalized to HPS 2.DEMONSTRATION 2.1. Location For the demonstration site, the LRC sought a typical rural residential street where HPS lamps were installed. HPS lamps are one of the most efficacious lamps under the current photometry system. There are other lamps that are more efficacious under the new photometry system and therefore a change from HPS lamps was desirable for this demonstration. Streets in rural residential areas are typically illuminated by 70-100 W HPS lamps; the luminaires are widely spaced along the streets. The low lamp wattages and the wide luminaire spacing may reduce adaptation luminances down to light levels (e.g., 0.1 cd/m-) where the new system of photometry could demonstrate an advantage for a new lamp type. In cooperation with WMECO,the LRC found Clark Street in Easthampton, Mass.,where town officials have pursued energy-efficient street lighting technologies. Clark Street is approximately 1.2 km long and eight meters wide, located in a typical rural residential 42 Lighting Research Center {'�r0'Rensselaer area, and illuminated by 70W HPS lamps attached to every two or three utility poles. , Since it met all requirements listed above, Clark Street was suitable for this demonstration. Figure 1 shows the location of Clark Street and Figure 2 is a photo of the street. r �� Y 4 s ;nl^;s \., p--1,7....,:::v.--, .. r r r 1, r— i ,r yr - ;, �c r ! r f.•' 4 1 {i cif..l--f � r - ��. ,,.. ,,,, ... ..,-,..-_, i-...--,---,q'-. ,,,, . , , 4 , ,, ,..,. , .,...____ , J,.., ..,...,:-- L rl; O , ""' AsTt ANtPION , I A ... I . Figure 1.Demonstration site,Clark Street in Easthampton,Mass.(shown in red) yur �F c �;,-r d„ -gy,' � rs.:eG fir{. `, y ,}.. Eft ,. . '�ti � I .� a may.±F Figure 2.A view of Clark Street looking east 2.2. Existing luminaires Clark Street was equipped with 19 HPS luminaires of the type shown in Figure 3. This study used seven of the 19 luminaires between Laura Street and Admiral Street. These luminaires were installed at a height approximately 8.2 meters (27 feet) from the road pavement and approximately 61 meters (200 feet) apart. Figure 4 shows the layout of the luminaires. Table 2 summarizes specifications for the lamp, ballast, and luminaire. As the table shows, each HPS luminaire system required 86W input power. Each luminaire has a photosensor so that it can be automatically turned on or off according to ambient illuminance. 43 Lighting � en sere Research Center t M' r s Y c err« Figure 3. Existing HPS luminaire Elrn"" vl V r r10/10 m I10.'€5 g7 r!o rr iw. re ` -- _ - '.21ww - yam., .. ' t✓ ll �'�01 ELAPK 0 • - 'r'35 x — Qii ',3079 :-Z• 1E4f] -T^ a0/17 _. yS 1 G5 �r:A4'? '.1�., 10i 15T.• : : C. r '\:''O?P Vi• ""'0' rOi ,01; PAPADlSE QP- �• 3", ,C% r.r3rtacsrs , 16�1�7 irno� AVE.i � ' d►` 11715') I €T To€A "f'd _ •Tf el V • €air- IN uaun Di-y. 12 1 51G ST. � oancsrr °' \,4a CHERRY ®i3 1r05/]1I ST --, +v^-'7'C:c7r r•$517 : Figure 4. Luminaire layout along Clark Street Table 2.Specification of existing HPS luminaires Product# Manufacturer Item Description - Lamp HPS,70 W,6300 Im LU70/MED GE Lighting Systems Ballast Magnetic ballast, 120 V.60 Hz, S0070-02C-511 Howard Industries input power: 86 W Luminaire Semi-cutoff,cobrahead luminaire M2RRO7S IN2AMS2 GE Lighting Systems 2.3. Selection of luminaire and lamps As the unified photometry system suggests, lamps with relatively more short-wavelength output perform better at mesopic light levels than current photometry estimates. For nominally white light sources, higher correlated color temperature (CCT) lamps usually have more short-wavelength output than those with lower CCT. Therefore, it is believed that higher CCT lamps perform better than current illuminance or luminance meters indicate. However,to estimate the performance of a given lamp at mesopic light levels compared to their photopic performance,the ratio of scotopic luminance to photopic 44 Lighting „ ,Rensselaer Research Center luminance (S/P ratio) is more accurate than CCT. As the S/P ratio of lamps increases,the mesopic efficacy of the lamps improves. Using the S/P ratio as an input variable for calculating mesopic efficacy, LRC researchers sought an efficacious lamp at mesopic light levels among fluorescent lamps because it is easy to control their S/P ratios without impairing color rendering properties. In addition, fluorescent lamps have less initial cost than HPS lamps. A potential downside of fluorescent lamps is reduced output at lower temperatures. It was not yet clear how well fluorescent lamps would perform in closed luminaires at cold temperatures. To examine lamp performance in cold weather,the researchers planned to measure illuminances when the temperature was below the freezing point. The fluorescent lamps for this study had to meet two requirements the lamps should have (1) a high S/P ratio and (2) a"unified" luminous flux equivalent to HPS lamps. To achieve the high S/P ratio, a 6500 K fluorescent product line (Paclantic International) was chosen with an S/P ratio of 2.88 (compared to 0.65 for the existing HPS lamps). Figure 5 shows the SPD of the fluorescent product line. To calculate"unified" luminous flux, however, it is important to know the ambient luminance to which human eyes adapt at the demonstration site. t 48 © 0.6._ a 0.4- 0.2 280 380 480 580 680 780 Wavelength(nm) Figure 5.Spectral power distribution of fluorescent lamp Horizontal photopic illuminance levels were measured across Clark Street every 3.6 meters (12 feet) and every 3 meters (10 feet) along the street between two luminaires, creating a grid 7.2 meters (24 feet) wide by 61 meters (200 feet) long between Laura Avenue and Paradise Drive.Table 3 shows the results of the illuminance measurements. The average illuminance of the measured area was approximately 3.4 lx. The average luminance of the roadway surface is approximately 0.08 cd/m`, assuming the typical reflectance of asphalt is 7%(Gillet and Rombauts 2001). If the value of 0.08 cd/m2 is used for the average luminance,the calculation result suggests a very large potential for energy savings by using this fluorescent technology. However, it was unknown how well the average luminance on the pavement could represent the overall brightness perception on the street. Therefore, this study used a higher and more conservative photoic luminance value for the calculation of power and control luminance: 0.3 cd/m-. The 0.3 45 Lighting Research Center " z Rensselaer cd/m2luminance is also recommended by the IESNA as a maintained luminance for local residential streets (Rea 2000). Table 3 Photopic illuminance distribution of HPS lighting(lx) Distance Edge Center Edge Foot (m) 0' (0.0) 12'(3.6) 24'(7.2) 0 (0.0) 10.00* 14.80 7.50 10 (3.0) 7.30 11.00 5.20 20 (6.1) 6.10 10.50 320 30 (9.1) 3.00 5.90 4.30 40 (12,2) 3.20 4.00 3.60 50 (15.2) 1.00 2.90 3.20 60 (18.3) 0.60 2.30 2.80 70 (21.3) 0.50 1.50 2.00 80 (24.4) 0.40 0.80 1.00 90 (27.4) 0.20 0.50 0.60 100 (30.5) 0.20 0.50 0.60 110 (33.5) 0.30 1.00 1.10 120 (36.6) 0.40 1.30 1.50 130 (39.6) 0.60 1.40 1.50 140 (42.7) 0,90 1.80 1.70 150 (45.7) 1.20 2.20 2.50 160 (48.8) 1.50 2.80 3.50 170 (51.8) 2.80 4.80 3.00 180 (54.9) 5.30 7.20 3.30 190 (57.9) 5.10 8.60 4.40 200 (61.0) 6.70* 9.50 6.00 * Illuminances measured directly below luminaire The results of the power and luminance calculations are shown in Table 4. When the photopic luminance of the roadway pavement under HPS lighting(S/P=0.65) is 0.3 cd/m-, the equivalent mesopic luminance under the same lighting condition is 0.22 cd/m2. Conversely, when the equivalent mesopic luminance of the pavement under fluorescent lighting (S/P- 2.88) is 0.22 cd/m2,the photopic luminance is 0.18 cdhn2. Hence, only 3900 photopic lumens are required for each new fluorescent luminaire to create a mesopic luminance of 0.22 cd/m2, while an HPS luminaire needs 6300 photopic lumens to create the same mesopic luminance. Table 4 Comparison between HPS and fluorescent systems in photopic and mesopic luminances Mesopic SA'ratio Photopic Luminous flux Lamp input luminance(cd/m') luminance(cd/m) (1m) power(W) HPS 0.22 0.65 0.30 6300 70 Fluorescent 0.19 2.88 0.18 3900 49 Among the lamps in the 6500 K fluorescent product line described above, a 55W, T5 biaxial fluorescent lamp could achieve the lumens of 3900 Im (the actual light output of the Iamp was measured at 4000 lm). The input power to the fluorescent lamp-ballast system was 60W compared to 85W with the HPS lamp-ballast system, resulting in a 30% 46 Lighting ,, Rensselaer Research Center power reduction. Based on the calculation, the LRC chose this fluorescent lamp for the replacement of the existing HPS lamps. In addition to energy conservation,the fluorescent system has additional expectable advantages over HPS lamps. The fluorescent luminaires have a sharper cutoff angle resulting in less glare. The color rendering index {CRI} of the fluorescent lamps was 78 compared to 22 for the HPS lamps. It was expected that color appearance of traffic signs, vegetation, and vehicles would be improved by the lamp replacement. Additionally, the good color rendering property of the fluorescent lamps would enhance the perception of brightness, safety, and security in the street. The LRC chose fluorescent luminaire equipped with a parabolic high-reflectance aluminum reflector and a full-cutoff flat lens (Table 5). The luminaire is shown in Figure �. Subsequently, the flat lens was changed to a drop lens (Figure 7) for a reason described later. Each luminaire was equipped with a photosensot identical to the one used with the existing HPS luminaire (Figure 3). Table 5.Fluorescent system details Description Product# Manufacturer Paclantic Lamp 55W 6500K T5 biax fluorescent lamp,4000 ]m Prototype International Electronic ballast for FT55w12G11 (input power:59 B254PUNV-D Universal Lighting Ballast W) Technologies Flat lens luminaire.(changed into drop lens before the W4T55496EB Magnaray Luminaire second questionnare evaluation) international r z rx � r -7�„� x �, v err ---...�..` ,r.�4 -z :w^ t"v k• WE 5 R � P1 Stre,,,,.,fA.,-,, ,, -.z.,-4,-....7-:".-Aii,, ! ..-'..*-4,4,-., z),..;,.- ,•.-_-P"..,-;.-- ',:s' ' �4 �' b : mo: ,'=Z3:-''.--'----41,:kv../:-,g„,‘„,„,„0-4.*:,,14 nri,,,,vrt,,--1,4% a m - x-•- fti . SP i :-.,6,01*,_AA --,,,,,,,ie,.,4;- ,NA V.,'e"'''''-'>4i.7-— f.•,- gs .,-,_. ,,,_-_„,..„_„„,„__Rt,_,_. , ,. .-Let. Figure 6.Fluorescent luminaire with flat lens 47 Lighting Research Center ''.' .Rensselaer _ A F till. j x J r f .1 g w 4. i /11-*iggMN.OnMVAMWIMJ I Figure 7.Fluorescent luminaire with drop lens 2.4. Evaluation method To compare the HPS and fluorescent lamps, the LRC issued questionnaires before and after the installation to residents who lived along and near the street. Each of the first and the second questionnaire sheets contained 18 questions. The questions in both sets were nearly identical to each other to allow for a comparison of the before- and after- replacement responses. Appendices I and 2 show the first and second questionnaire sheets respectively. Both questionnaires sheets were sent by mail. A self-addressed envelope was enclosed in each mailing so that the residents could easily send their responses back to the LRC. To further encourage residents' participation, WMECO offered a $25 gift certificate to each participant responding to both surveys. 2.5. Procedure The schedule of this study is listed below: Jul.30 Representatives of the town of Easthampton, WMECO, and the LRC had a meeting and chose Clark Street as a demonstration site. Sep. 17 WMECO,the town of Easthampton,and the LRC held a meeting with residents. The LRC measured illuminance distribution on Clark Street. WMECO and the LRC sent questionnaire sheets to approximately 70 nearby residents. Oct.8 The LRC received 30 responses out of the 70 residents and analyzed the data. The LRC prepared the luminaires(wiring and attaching sensors). Oct. 10 WMECO replaced the HPS luminaires with fluorescent luminaires. Nov. 18 The LRC sent postcards to let participants know the delay caused by lens replacement. Dec. 17 WMECO replaced flat lenses with drop lenses. Dec. 19 The LRC measured illuminance distribution on Clark Street. Jan.9 The LRC sent the second questionnaire sheets to the 30 participants. Feb.2 The LRC measured illuminance distribution at a temperature of 15°F and took pictures. Feb. 10 The LRC received 25 responses out of the 30 first-respondents. WMECO provided gift certificates to the 25 participants. Feb. 15 WMECO restored HPS luminaires. The LRC analyzed the data. Prior to the replacement of the HPS lighting, the LRC first conducted a field survey, measured illuminance distribution and took photographs along the street. The illuminance measurements were conducted between the two luminaires as described previously. In 48 Lighting itiSSe � z� Research Center addition, to evaluate luminaire luminous intensity distribution around a luminaire located at the intersection of Paradise Drive and Clark Street, illuminance levels were also measured every 1.8 meters (6 feet) across the street and 1.5 meters (5 feet) along the street covering a grid 10.2 meters (36 feet)wide and 12 meters (40 feet) long. On September 17, 2004, WMECO called a meeting with nearby residents at the community center on Clark Street. Approximately 15 residents attended the meeting (Appendix 3). At the meeting, Mayor Michael Tautznik of Easthampton spoke to the attendees and encouraged their participation in the demonstration. Then the representatives from the LRC explained the replacement procedure and the demonstration schedule and provided the first questionnaires to the attendees. On the next day following the meeting, WMECO sent the first questionnaires to the remainder of the residents for the LRC. In total, 70 residents received the initial surveys. By October 8, the LRC had received 30 responses from the 70 recipients. On October 10, 2003, WMECO replaced the existing HPS luminaires with the above described fluorescent luminaires. However,LRC researchers observed the street and found that the area illuminated by the flat lens fluorescent luminaires appeared dark due to their low luminaire brightness (Akashi 2003b). Contrarily, the semi-cutoff beam distribution of the initial HPS cobrahead luminaires, emitting light sideward, increased the brightness perception of the street. To make a fair comparison between HPS and fluorescent systems, researchers decided to replace the flat lens with a drop lens having a semi-cutoff luminous intensity distribution. The LRC sent postcards to the participants notifying them of potential delay caused by the lens replacement. Magnaray International prepared seven drop lenses for replacement. On December 17, 2003, WMECO completed the replacement. Once again, LRC researchers measured illuminance distribution in the same manner as done for the HPS lighting on September 17, 2003. The temperature was near the freezing point(0°C/32°F) when the measurements were made. After several weeks,the LRC sent a second questionnaire to the 30 participants on January 9, 2004. By the middle of the February,the LRC received 25 responses out of the 30 participants. WMECO provided $25 gift certificates to each of the 25 participants. To examine the performance of the fluorescent system, the LRC chose a colder day at a temperature of approximately 15°F and measured illuminance distribution around a luminaire on Paradise Drive. Finally, WMECO restored the HPS lamps on February 15, 2004. In Appendix 4, Figures A4-1, A4-2, and A4-3 show views of the initial HPS lighting, the fluorescent lighting with flat lenses, and the fluorescent lighting with drop lenses. 2.6. Results of illuminance measurements Table 3 and Figure AS-1 (Appendix 5) show the photopic illuminance distribution between the two luminaires in the initial HPS condition. Figure A6-1 (Appendix 6) shows the results of the photopic illuminance measurements near the luminaire on the Paradise Drive. For the new fluorescent systems with drop lenses,Table 6, Figure A5-2 (Appendix 5), and Figure A6-2 (Appendix 6) show the results of the illuminance measurements. 49 Lighting Research Center A comparison in illuminance distributions between the two luminaires suggests that the average illuminance was 2.8 lx compared to 3.4 Ix for the HPS lamps, meaning that the average illuminance of the fluorescent system was approximately 20% lower than the average illuminance of the HPS lighting. On Paradise Drive, Figures A6-1 and A6-2 demonstrate that the fluorescent system had much narrower illuminance distribution and higher illuminance levels just below the luminaire than those of the HPS system. Illuminance measurement results under a colder temperature condition (15°F, or-9.40°C) on February 2, 2004 are shown in Figure A6-3 (Appendix 6). As the figure suggests, the average illuminance was 35% lower than the previous measurements (at 32°F). Therefore,the average illuminance between the two poles could be around 1.8 lx, or approximately 45% lower than the HPS lighting (3.4 lx) under the low temperature condition. Since it was very cold while the fluorescent systems were installed, the average illuminance may have been lower than the initial photopic illuminance measurement of 2.8 lx. However, the input power of fluorescent lamps may have also been decreased in proportion to the reduction in output as described later. Table 6.Illuminance distribution of fluorescent system (lx) Distance Edge Center Edge Foot (m) 0'(0.0) 12' (3,6) 24' (7.2) 0 (0.0) 25.00* 20.10 6.60 10 (3.0) 14.30 10.50 3.70 20 (6.1) 5.20 4.10 2.10 30 (9.1) 2.04 1.80 1.05 40 (12.2) 0.82 0.68 0.68 50 (15.2) 0.75 0.33 0.45 60 (18.3) 0.19 0.17 0.16 70 (21.3) 0.12 0.10 0.08 80 (24.4) 0.09 0.08 0.10 90 (27.4) 0.15 0.08 0.08 100 (30.5) 0.08 0.06 0.09 110 (33.5) 0.12 0.07 0.06 120 (36.6) 0.09 0.08 0.03 130 (39.6) 0.10 0.08 0.10 140 (42.7) 0.17 0.15 0.16 150 (45.7) 0.37 0.37 0.33 160 (48.8) 0.71 0.60 0.65 170 (51.8) 1.56 1.62 1.29 180 (54.9) 3.62 3.56 2.29 190 (57.9) 8.55 8.40 4.56 200 (61.0) 17.60* 13.50 6.10 * Illuminances measured directly below luminaires 2.7. Results of evaluation The analysis of the evaluation data took the mean and median of five-point rating data over the 30 responses for the HPS and 25 responses for the fluorescent lighting. Figures 8 50 Lighting Tv: Rensselaer Center and 9 show the evaluation data for the 18 questions. A comparison of the before- and after-replacement evaluations suggests, on the average,that the fluorescent system was evaluated as better than the HPS lighting on all questions. The results of the medians also suggest that the fluorescent system was better than (on 13 questions) or the same as(on 5 questions) the HPS lighting. To examine statistically significant differences between the two lighting conditions, a paired t-test was applied to each of the 18 questions by using the 25 response data. Table 7 shows the results of the statistical analysis as well as the mean and standard deviations of the evaluations of the 25 participants for the 18 questions. Appendix 7 details the results of the t-tests. From Table 7,the data again shows that the mean of the 25 responses for the fluorescent system were better than those for the HPS lighting. The results of the t-tests suggests that the difference in evaluation between the HPS lighting and the fluorescent system was statistically significant in terms of questions 2: comfort, 3: brightness, 4: gloom, 5: luminaire glare, 6: color appearance of traffic signs, 7: color appearance of vegetation, 8: too warm light color, 11: pavement visibility from drivers, 13: pedestrian visibility from drivers, 14: safe feeling while driving, 15: pedestrian visibility from pedestrians, 16: face visibility from pedestrians, and 18: secure feeling while walking. Regarding preference (question 1) and comprehensive evaluation (question 20), no significant difference was found between the HPS and the fluorescent lighting although, on average, the fluorescent lighting was better than the HPS lighting. Consequently, the results of the evaluations suggested under the fluorescent lighting condition: • The street appeared brighter and more comfortable; • The luminaires caused less glare; • Colors of traffic signs appeared more clearly; • Vegetation colors looked more natural; • Pavement visibility, pedestrian visibility, and perception of safety while driving were improved; • Pedestrian visibility, facial recognition, and perception of security while walking were improved 51 Lighting Research Center }` e�sselaer t 0 1 2 Like -F I Comfortable z E Bright-- E Gloomy- r �1 Luminaire too bright Traffic signs clear Vegetation na • tural-- Ton warm -� • Too cool-- I Laoks better - = yp �� • S See pavement clearlyas driver-r ; i O Ft ii See vehicles clearlyas driver - -- € See pedestrians Clearly as driver• - ## Feel safe while driving - --- See other pedestrians clearlyas pedestrian See Faces clearly as pedestrian f See vehicles clearly as pedestrian 4- �' ��s Feel secure as pedestrian- 1 strongly disagree strongly agree Figure 8. Mean evaluation results{30 responses for HPS and 25 responses far flu©rescent lighting) 52 Lighting sselae Research Center 2 t g 1 2 1 Comfortable - Brght- ` l 1 Gloomy ht - I Luminaire too brig Traffic signs dear- t Vegetation natural � Too vvams • Too cool ' _I ! Looks Geller l - l7 FL I � FL See pavement clearly as driver r See vehicles clearlyas driver See pedestrians clearlyas driver t Feel sate white driving I See other pedestrians clearly as pedestrian r.. ,-. See faces clearly as pedestrian € j See vehicles clearlyas pedestrian ! Feet secure as pedestrian strongly disagree strongly agree Figure 9.Median evaluation results(30 responses for HPS and 25 responses for fluorescent lighting) Table 7.Results of evaluations:mean,standard deviation,and results of paired t-tests (25 responses for both UPS and fluorescent lighting conditions) HPS FL p-value n Questions Mean SD Mean SD 1 Like 0.08 1.222 0.92 1.288 0.054 2 Comfortable 0.2 1.118 1 1.08 0.020 3 Bright -0.4 1.118 0.52 1.262 0.015 4 Gloomy 0.48 1.262 -0.96 t.172 4.OD0** 5 Lum afire too bright -0.6 1.041 -1.2 0.957 4.040 6 Traffic signs clear 0.04 1.136 0.64 D.995 0.038 7 Vegetation natural -0.08 1.152 4.76 D.831 O.D18 8 Too warm -0.32 4.9 1.16 1.028 0.002*'" 9 Too cool -0.16 0.943 -D.52 1.358 0.280 10 Looks better 0.08 1.038 0.72 1.37 4.111 11 See pavement clearly as driver 0.16 1.143 0.76 0.831 0.049* 12 See vehicles clearly as driver -0.56 1.158 0.56 0.87 0.467 13 See pedestrians clearly as driver 0.44 0.917 1 0.764 0.000** 14 Feel safe while driving -0.36 1.15 0.32 1.03 0.014 15 See other pedestrians clearly as pedestrian -4.92 0.997 0.16 1.179 0.047* 16 See faces clearly as pedestrian 0.64 0.907 0.96 0.676 0 001 ** 17 See vehicles clearly as pedestrian fl.2 1.118 4.52 0.872 0.175 18 Feel secure as pedestrian 0.08 1.222 0.92 1.288 0.005 ** *p<0.05,**p<D.OI 53 Lighting Rensselaer Research Center 3. DISCUSSION 3.1. Calculation of mesopic luminance As previously described, this study measured photopic illuminance distributions for the HPS and fluorescent lighting. By using those measurements, this study tried to calculate the "unified" luminance to which human eyes actually adapted. However, it is unknown to what luminance human eyes adapt while driving and walking along streets which have non-uniform, complex luminance distributions. This study assumed that human eyes would adapt to the average luminance of each unit area(3.2 meters by 3.0 meters) corresponding to the measurement grid of the study. Another assumption made in this calculation was that the asphalt surface has the perfect diffuse reflection characteristics with a reflectance of 7% (Gillet and Rombauts 2001). Based on those assumptions,this calculation first obtained photopic luminance distributions on the pavement. Table 8 shows the photopic luminances for the HPS and the fluorescent lighting. Table 8.Photopic luminance distribution of HPS and fluorescent systems(cd/m2) Edge Center Edge Distance 0' (0.0) 12' (3.6) 24' (7.2) Foot (m) HPS FL HPS FL HPS FL 0 (0.0) 0.223* 0.577* 0.330 0.508 0.167 0.249 10 (3.0) 0.163 0.413 0.245 0.340 0.116 0.164 20 (6.1) 0.136 0,210 0.234 0.177 0.071 0.105 30 (9.1) 0.067 0.103 0.131 0.093 0.096 0.058 40 (12.2) 0.071 0.047 0.089 0.040 0.080 0.040 50 (15.2) 0.022 0.043 0.065 0.020 0.071 0.027 60 (18.3) 0.013 0.012 0.051 0.011 0.062 0.010 70 (21.3) 0.011 0.008 0.033 0.006 0,045 0.005 80 (24.4) 0.009 0.006 0.018 0.005 0.022 0.006 90 (27.4) 0.004 0.009 0.011 0.005 0.013 0.005 100 (30.5) 0.004 0.005 0.011 0.004 0.013 0.006 110 (33.5) 0.007 0.008 0.022 0.004 0.025 0.004 120 (36.6) 0.009 0.006 0.029 0.005 0.033 0.002 130 (39.6) 0.013 0.006 0.031 0.005 0.033 0.006 140 (42.7) 0.020 0.011 0.040 0.010 0.038 0.010 150 (45.7) 0.027 0.022 0.049 0.022 0.056 0.020 160 (48.8) 0.033 0.041 0.062 0.035 0.078 0.038 170 (51.8) 0.062 0.082 0.107 0.085 0.067 0.070 180 (54.9) 0.118 0.161 0.160 0.159 0.074 0.113 190 (57.9) 0.114 0.297 0.192 0.293 0.098 0.191 200 (61.0) 0.149* 0.469* 0.212 0.399 0.134 0.235 *Illuminances measured directly below luminaires Using the unified photometry system,the photopic luminances in Table 8 were converted into "unified" luminances in Table 9. The averaged"unified" luminance of the fluorescent system was 0.097 cd/rn2 compared to 0.059 cd/rn2 for the HPS system. Those values suggest that luminance to which human eyes might adapt to under the fluorescent lighting condition was approximately 40%higher than adaptation luminance under the HPS lighting. A recent study suggested that an illuminance change of over 20% is noticeable by 50% of the people (Akashi and Neches 2004). 54 Lighting >�s�elae • Research Center Table 9.Unified luminance distribution of HPS and fluorescent systems(cd/rn2) Edge Center Edge Distance 0'(0.0) 12'(3.6) 24'(7.2) Foot (m) HPS FL HPS FL HPS FL 0 (0.0) 0.187* 0.577* 0.297 0.508 0.134 0.249 10 (3.0) 0.130 0.413 0.209 0.340 0.088 0.164 20 (6.1) 0.106 0 210 0.198 0.177 0.051 0.105 30 (9.1) 0.048 0.103 0.102 0.093 0.071 0.058 40 (12.2) 0.051 0.047 0.066 0.040 0.059 0.040 50 (15.2) 0.015 0.043 0.046 0.020 0.051 0.027 60 (18.3) 0.009 0.012 0.036 0.011 0.045 0.010 70 (21.3) 0.007 0.008 0.023 0.006 0.031 0.005 80 (24.4) 0.006 0.006 0.012 0.005 0.015 0.006 90 (27.4) 0.003 0.009 0.007 0.005 0.009 0.005 100 (30.5) 0.003 0.005 0.007 0.004 0.009 0.006 110 (33.5) 0.004 0.008 0.015 0.004 0.017 0.004 120 (36.6) 0.006 0.006 0.020 0.005 0.023 0.002 130 (39.6) 0.009 0.006 0.021 0.005 0.023 0.006 140 (42.7) 0.014 0.011 0.028 0.010 0.026 0.010 150 (45.7) 0.018 0.022 0.034 0.022 0.039 0.020 160 (48.8) 0.023 0.041 0.045 0.035 0.057 0.038 170 (51.8) 0.045 0.082 0.081 0.085 0.048 0.070 180 (54.9) 0.090 0.161 0.128 0.159 0.053 0.113 190 (57.9) 0.086 0.297 0.157 0.293 0.073 0.191 200 (61.0) 0.118* 0.469* 0.176 0.399 0.104 0.235 *Illuminances measured directly below luminaires The unified photometry system may also allow us to more appropriately evaluate luminance uniformity on the pavement. Using current photopic photometry, the luminance uniformity (Lave/Lmi„) of the HPS lighting had a ratio of 17 and the fluorescent lighting 86. Using unified photometry,the luminance uniformity (Lave/Lorin) of the HPS lighting had a ratio of 20 and the fluorescent lighting 46. This suggests that the use of lamps with higher SIP ratios can improve the"unified" luminance uniformity on the pavement. This may overcome a disadvantage of fluorescent lamps that their larger lamp sizes make their optical control more difficult than HPS lamps. 3.2. Limitations of this demonstration The results of this demonstration study indicated that the unified photometry functioned well in a real street context. However, there were several factors that could not be controlled during the experiment. One of the issues was that the fluorescent system provided less uniform light distribution than the HPS system. This was because the fluorescent luminaire was designed for fence lighting and not optimized for street lighting. The luminous intensity distribution of the luminaire was too narrow for the mounting height of 8.2 meters (27 feet), although it is unclear how the non-uniform luminance distribution influenced the evaluation. To better assess the fluorescent luminaire system, a different angular distribution should be demonstrated. Second, as the measurements suggested, low temperatures (0°F to 32°F) reduced the output of the fluorescent lamps. Illuminance reduction caused by the low temperature might have affected the evaluations.Nonetheless,the results of the evaluations proved 55 Lighting Rensselaer Research Center that most participants felt that the fluorescent lighting condition was brighter. Also, during the demonstration,there were no complaints from residents or town officials. Figure 10 shows the relative output of T8 and T5 linear fluorescent lamps as a function of ambient temperature (Akashi 2003a). As the figure suggests,T8 and T5 lamps are optimized at temperatures of 25°C and 35°C. If the ambient temperature is higher or lower than the optimal temperature,the output of those lamps is decreased. The input power is also reduced in proportion to the decrease of the output. For a more accurate energy-efficiency evaluation of fluorescent lighting systems, it is necessary to examine the profile of output and input power of fluorescent lamps in closed fixtures at both high and low temperatures. ilo tco 90 • IX 30 20 10 5 10 15 20 25 30 35 40 45 53 55 An1bl ent Temperature(°C) Figure 10.Relative light output variation as a function of ambient temperature for T5 and T8 fluorescent lamps. (This diagram is based on SILHOUETTE T5, T5HO& T5 Circular Fluorescent Lamp Technology Guide, Philips Lighting) The influence of seasonal factors such as color of leaves, fallen leaves, and fallen snow pose potential problems. These factors were uncontrollable and their influence on the evaluations is unknown. To avoid these problems in future studies, it is important to compare both lighting conditions simultaneously throughout the year. This study used fluorescent lamps because they are relatively easy to change their SPD by selecting phosphors and their proportions. However, high intensity discharge lamps such as metal halide lamps with a high SIP ratio can also replace HPS lamps in the same contexts. 4. CONCLUSIONS This study successfully demonstrated how the use of a unified photometry system can conserve street lighting energy in rural areas.Fluorescent lamps with a high SIP ratio (2.88) reduced power by at least 30%relative to conventional HPS street lighting. The results of the evaluations suggested, on the average,that the fluorescent lighting system was evaluated as better than the HPS lighting for all 18 questions and that, on 13 of the 18 questions, the difference in evaluation between the fluorescent lighting and HPS 56 Lighting Research Center 8 Rensselaer lighting was statistically significant. Consequently, the results of the evaluations suggested under the fluorescent lighting condition: the street appeared brighter and more comfortable; the luminaires caused less glare; colors of traffic signs appeared more clearly; vegetation colors looked more natural; pavement visibility, pedestrian visibility, and perception of safety while driving were improved; pedestrian visibility, facial recognition, and perception of security while walking were improved. Therefore,this demonstration supported the used of the unified photometry in a street lighting context. ACKNOWLEDGEMENTS This demonstration study was supported by the United States Environmental Protection Agency. The authors would like to acknowledge Easthampton Mayor Michael Tautznik; Paul P. Tangredi, John E. Scanlon, and Elizabeth of Western Massachusetts Electric Company for their collaboration. The authors would like to thank Larry Leetzow of Magnaray International, Inc. and Jack Johng of Paclantic International, Inc. for their donation of prototype luminaires and lamps respectively. Mariana Figueiro, Martin Overington, Dennis Guyon, and Jennifer Taylor of the Lighting Research Center made valuable contributions to this demonstration study. 57 Lighting Research Center '`#' Rensselaer REFERENCES Akashi, Y. 2003a. Research Recap: Are T5s better than T8s?Lighting Design + Application (LD+A), 33, 1, 6-8. . 2003b. Research Recap: Room brightness perception, Lighting Design + Application (LD+A), 33, 7, 12-13. Akashi, Y. and J. Neches. 2004. Detectability and acceptability of illuminance reduction for load shedding, Journal of the IESNA, 33, 1, 3-13. Akashi, Y., and M.S. Rea. 2002. Peripheral detection while driving under a mesopic light level,Journal of the IESNA, 31, 1, 85-94. Bullough, J., and M.S. Rea. 2000. Simulated driving performance and peripheral detection at mesopic light levels, Lighting Research and Technology, 32, 4, 194-198. Gillet, M., and P. Rombauts. 2001. Precise Evaluation of Upward Flux from Outdoor Lighting Installations (applied in the case of roadway lighting), London (UK) Light Trespass Symposium,Nov. 2001. He, Y., A. Bierman, and M.S. Rea. 1998. A system of mesopic photometry. Lighting Research and Technology, 30, 4, 169-175. He, Y., M.S. Rea, A. Bierman, and J. Bullough. 1997. Evaluating light source efficacy under mesopic conditions using reaction times,Journal of the IESNA, 26, 1, 125-138 Lingard, R., and M.S. Rea. 2002. Off-axis detection at mesopic light levels in a driving context,Journal of the IESNA, 31, 1, 33-39 Rea, M.S., ed. 2000. IESNA Lighting Handbook Reference and Application, Illuminating Engineering Society of North America,NY. Rea, M. S., J. D. Bullough, J. P. Freyssinier and A. Bierman. 2003. X. CIE Expert Symposium on Temporal and Spatial Aspects of Light and Colour Perception and Measurement(pp. 51-58), Veszprem, Hungary, August 22-23, 2002. Vienna, Austria: Commission Internationale de 1'Eclairage. 2004 (in press). A proposed unified system of photometry. Lighting Research and Technology 36(2). 58 Lighting Research Center 1 } Rensselaer• Appendix 1: First questionnaire sent September 18,2003 Questionnaire on Lighting of Clark Street in Easthampton, Massachusetts: A demonstration project sponsored by the U.S. Environmental Protection Agency Yukio Akashi, Mark Rea, Peter Morante Lighting Research Center, Rensselaer Polytechnic Institute, 21 Union Street, Troy, NY 12180 The Lighting Research Center(LRC), in partnership with the Western Massachusetts Electric Company (WMECO) and the Town of Easthampton, will conduct an energy efficient lighting demonstration. The LRC and WMECO will temporally replace existing high pressure sodium lamps with fluorescent lamps for the seven of the 19 poles along Clark Street(between Laura St. and Admiral St.) Before replacing the lighting, we would like to know your opinions on the street. Please observe the street and the lighting at night, then, circle the number which most closely describes the degree of your agreement with each statement—-2: strongly disagree, -1: disagree, 0: neutral, +1: agree, +2: strongly agree. Then, please return this sheet to us by September 26th, 2003. Overall 1. I like the lighting on Clark Street. ( -2 -1 0 +1 +2 ) 2. The lighting on Clark Street is comfortable. ( -2 -1 0 +1 +2 ) 3. Clark Street looks bright. (-2 -I 0 +I +2 ) 4. Clark Street looks gloomy. ( -2 -1 0 +1 +2 ) 5. The light fixtures on the poles in Clark Street are too bright. (-2 -1 0 +1 +2 ) 6. Colors of traffic signs along Clark Street appear clear. ( -2 -I 0 +1 +2 ) 7. Colors of vegetation along Clark Street look natural. ( -2 -1 0 +1 +2 ) 8. The lighting on Clark Street is too warm in color for a street. ( -2 -1 0 +1 +2 ) 9. The lighting on Clark Street is too cool in color for a street. (-2 -I 0 +1 +2 ) 10. The lighting of the street looks better than others. (-2 -1 0 +1 +2 ) As a driver, with this lighting, 11. I can see the roadway pavement on Clark Street clearly. (-2 -1 0 +1 +2 ) 12. I can see other vehicles approaching on Clark Street clearly. (-2 -1 0 +1 +2 ) 13. 1 can see pedestrians approaching on CIark Street clearly. (-2 -1 0 +1 +2 ) 14. 1 feel safe while driving along Clark Street. (-2 -1 0 +1 +2) As a pedestrian, with this lighting, 15. I can see other pedestrians approaching on Clark Street clearly. ( -2 -1 0 +I +2 ) 16. I can see faces of pedestrians on Clark Street clearly. ( -2 -1 0 +1 +2 ) 17. I can see vehicles approaching on Clark Street clearly. ( -2 -1 0 +I +2 ) 18. I feel secure while walking on the sidewalk of Clark Street. (-2 -1 0 +1 +2 ) If you have any questions and comments, please feel free to contact Yukio Akashi at 518- 687-7126 (akashvtrpi.edu). Thank you for your time and cooperation. 59 Lighting Research. Center ,r,;Rensselaer Appendix 2: Second questionnaire sent January 9,2004 Lighting Questionnaire for Clark Street,Easthampton, Massachusetts A demonstration project sponsored by the U.S. Environmental Protection Agency Lighting Research Center, Rensselaer Polytechnic Institute, 21 Union Street, Troy, NY 12180 Thank you for your participation in the energy efficient lighting demonstration that the Lighting Research Center(LRC) is conducting with the Western Massachusetts Electric Company (WMECO)and the Town of Easthampton.The LRC and WMECO temporarily replaced the original orange-colored light bulbs with white light bulbs for the seven of the 19 poles along Clark Street(between Laura Avenue and Admiral Street) in October 2003. Then,we slightly modified the lenses of the white light fixtures in December 2003.Now, we would like to know your opinions of the current white street lighting. Please observe the street and the lighting at night,then,circle the number which most closely describes the degree of your agreement with each statement: -2: strongly disagree, -1: disagree, 0: neutral, 1: agree, 2: strongly agree. Then, please return this sheet with the enclosed envelope to us by January 3151, 2004. Overall for the new white lighting, 11. I like the new white lighting on Clark Street. -2 -1 0 1 2 12. The lighting on Clark Street is comfortable. -2 -1 0 1 2 13. Clark Street looks bright. -2 -1 0 1 2 14. Clark Street looks gloomy. -2 -1 0 1 2 15. The light fixtures on the poles in Clark Street are too bright. -2 -1 0 1 2 16. The colors of traffic signs along Clark Street appear clear. -2 -1 0 1 2 17. The colors of vegetation along Clark Street look natural. -2 -1 0 1 2 18. The lighting on Clark Street is too warm (orange) in color for a street. -2 -1 0 1 2 19. The lighting on Clark Street is too cool (blue) in color for a street. -2 -1 0 1 2 20. The new lighting of the street looks better than the old lighting (you may also compare the new lighting with the orange-colored lighting along Clark Street between Charles St. and East St.). -2 -1 0 1 2 As a drivel, with this white lighting, 11. I can see the roadway pavement on Clark Street clearly. -2 -1 0 1 2 12. I can see other vehicles approaching on Clark Street clearly. -2 -1 0 1 2 13. I can see pedestrians approaching on Clark Street clearly. -2 -1 0 1 2 14. I feel safe while driving along Clark Street. -2 -I 0 1 2 As a pedestrian, with this white lighting, 15. I can see other pedestrians approaching on Clark Street clearly. -2 -1 0 1 2 16. I can see faces of pedestrians on Clark Street clearly. -2 -1 0 I 2 17. I can see vehicles approaching on Clark Street clearly. -2 -1 0 1 2 18. I feel secure while walking on the sidewalk of Clark Street. -2 -1 0 1 2 If you have any questions and comments, please feel free to contact Yukio Akashi at 518-687-7126 (akashv irpi.edu). Thank you for your time and contribution. 60 ,_ • • Lighting .. .. ,_...., _ ,4.) Rensselaer , Research Center , , Appendix 3: Meeting with nearby residents at Clark Street Community Center 1 i.,,,, ogragEMZii::-.. , ..,15$4"-Wgiligaillt:.,:i-•*,,f1=r,,,,,,T;',1,.:,_,,:::,,,...:,.::: .:,''.' ',7174, -.777---,..-,,,if,um;.g:::::,,„,.... .:.:.:,.,..:::'-...::,::,;: ::.:;:,::':':..l..::::....:,:.::....:::•.:.:::: t..,,t7-42:.W.474 .!.!,.......*`,..g,,,:..i.:1...1Z.1,-..,:.:: ::'...g...Vi...;.1-111..i.!..i.:,'Jig'!7:. .. ' 1.::'4.17::::i.3.,,,--, . , ,.11'. r" i , :,,,‘•4.,' ,-,,:i,.:1:.:-,,,..:1,.'.,:, t,1...4..,%:: ::.,i-Aill-,J,1,-.1.i'4, !,:.:-:L ::..ar.Si‘,..,51 -. 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Figure A3-2.Yukio Akashi of the LRC explains the demonstration procedure 61 Lighting , ).Rensselaer Research Center Appendix 4: Views of lighting conditions yx 111 Figure A4-1.HPS lighting rib; is. ge„ Figure A4-2.Fluorescent lighting with flat lens -�� y i f �ro _`�7 '9 atiyr,—tee .:Y, .,M' Figure A4-3.Fluorescent lighting with drop lens 62 Lighting I ,, a�s�elae • Research Center Appendix 5: Photopic illuminance measurements between two luminaires IIIunJnanoe astribution(Lt In log laid of Ect-IPS.t 1 . n o 18- i a'. a1 p n 6 N Iv }, 0 Rx' o " q s+ 16- m a ; !- 4 $ ' - 14-1 i 12 1 n 4,1 10- i i %, cy 5' is, a ei ..I ? o ci O 0 N o c a g 4- in 8 $ 1 ti a E i 1 _ l 1 ! \ ' • 4. !' 1 b' b 1 -; a ro 0- o 1 ivjk c I z! ran c 46 p i 1` a s 01 ? I. o_ 1 �_ i 00 20 40 60 80 100 120 140 060 160 200 LerVnise Ostar0e(feel/ Figure A5-1. Illuminance distribution between two poles for HPS lighting(log lx) Illuminance ctstd6liion at In lag unit)of tic4FLUR 111 :n -' 1 i o 0 131i {I n12- 'y .( Y ST '6 .l 10' 1 d N O N C 6. �l ' l 6 ;1 f,11 1, 4 H ' \ \1 i t) a -I . ) O l y ', jl . \ 1 in 00 20 40 60 80 100 120 140 160 160 200 tnn Imiscdslen e((eet) Figure A5-2.Illuminance distribution between two poles for fluorescent lighting(log lx) 63 Lighting .l el�sse ez• Research Center Appendix 6: Photopic illuminance distribution near the luminaire at the intersection of Paradise Drive and Clark Street. 2 r1-vrc•clitnnCIcn1'hS of ESI.IPZS. 13 • 6 5 1 I _ SO - b' t0 C(p}t•HS dYs2C IICCD Len�hn:le OSL t<C IICCIi Figure A6-1. Illuminance distribution around a pole for the existing HPS lighting(log lx) htirrri!.Y),cirot 141 C1 UII!1:=LCF IJ xo� I I IS • in Figure A6-2. Illuminance distribution around a pole for the fluorescent lighting(log Ix) (data measured at 32°F) p�l(e1-'1 R'iI]A[c lYl:I•3..C.�1A111 A ' i In s! • CI:mvi.nnctxe f W11 ;aylx»[kvirrs derU Figure A6-3.Illuminance distribution around a pole for the fluorescent lighting(log Ix) (data measured at 15°F) 64 Lighting , Rensselaer Research Center Appendix 7: Results of paired T-test and confidence interval i.1 like the lighting on Clark Street N Mean StDev SE Mean HPS 25 0.080 1.222 0.244 FL 25 0.920 1.288 0.258 Difference 25 -0.840 2.075 0.415 95%CI for mean difference:(-1.697,0.017) T-Test of mean difference=0(vs not=0):T-Value=-2.02,P-Value=0.054 2.The lighting on Clark Street is comfortable. N Mean StDev SE Mean HIPS 25 0.200 1.118 0.224 FL 25 1.000 1.080 0.216 Difference 25 -0.800 1.607 0.321 95%CI for mean difference: (-1.463,-0.137) T-Test of mean difference=0 (vs not=0):T-Value=-2.49, P-Value=0.020* 3.Clark Street looks bright. N Mean StDev SE Mean HPS 25 -0.400 1.118 0.224 FL 25 0.520 1.262 0.252 Difference 25 -0.920 1.754 0.351 95%CI for mean difference: (-1.644,-0.196) T-Test of mean difference=0(vs not=0):T-Value=-2.62, P-Value=0.015* 4.Clark Street looks gloomy. N Mean StDev SE Mean HPS 25 0.480 1.262 0.252 FL 25 -0.960 1.172 0.234 Difference 25 1.440 1.502 0.300 95%Cl for mean difference:(0.820,2.060) T-Test of mean difference=0(vs not=0):T-Value=4.79, P-Value=0.000** 5.The light fixtures on the poles in Clark Street are too bright. N Mean StDev SE Mean HIPS 25 -0.600 1.041 0.208 FL 25 -1.200 0.957 0.191 Difference 25 0.600 1.384 0.277 95%CI for mean difference:(0.029, 1.171) T-Test of mean difference=0(vs not=0):T-Value=2.17,P-Value=0.040* 6.Colors of traffic signs along Clark Street appear clear. N Mean StDev SE Mean HPS 25 -0.040 1.136 0.227 FL 25 0.640 0.995 0.199 Difference 25 -0.680 1.547 0.309 95%CI for mean difference:(-1.319,-0.041) T-Test of mean difference=0(vs not=0):T-Value=-2.20,P-Value=0.038* 65 Li htin Research g Center s Rensselaer 7.Colors of vegetation along Clark Street look natural. N Mean StDev SE Mean HPS 25 -0.080 1.152 0.230 FL 25 0.760 0.831 0.166 Difference 25 -0.840 1.650 0.330 95%CI for mean difference: (-1.521,-0.159) T-Test of mean difference=0(vs not=0):T-Value=-2.55,P-Value=0.018* 8.The lighting on Clark Street is too warm in color for a street. N Mean StDev SE Mean HPS 25 -0.320 0.900 0.180 FL 25 -1.160 1.028 0.206 Difference 25 0.840 1.214 0.243 95%CI for mean difference:(0.339, 1.341) T-Test of mean difference=0(vs not=0):T-Value=3.46,P-Value=0.002** 9.The lighting on Clark Street is too cool in color for a street. N Mean StDev SE Mean HPS 25 -0.160 0.943 0.189 FL 25 -0.520 1.358 0.272 Difference 25 0.360 1.630 0.326 95%CI for mean difference: (-0.313, 1.033) T-Test of mean difference=0(vs not=0):T-Value= 1.10,P-Value=0.280 10.The lighting of the street looks better than others. N Mean StDev SE Mean HPS 25 0.080 1.038 0.208 FL 25 0.720 1.370 0.274 Difference 25 -0.640 1.934 0.387 95%CI for mean difference:(-1.438,0.158) T-Test of mean difference=0(vs not=0):T-Value=-1.65,P-Value=0.111 11.I can see the roadway pavement on Clark Street clearly while driving. N Mean StDev SE Mean HPS 25 0.160 1.143 0.229 FL 25 0.760 0.831 0.166 Difference 25 -0.600 1.443 0.289 95%CI for mean difference: (-1.196,-0.004) T-Test of mean difference=0(vs not=0):T-Value=-2.08,P-Value=0.049* 12. 1 can see other vehicles approaching on Clark Street clearly. N Mean StDev SE Mean HPS 25 0.360 1.075 0.215 FL 25 0.880 0.726 0.145 Difference 25 -0.520 1.358 0.272 95%CI for mean difference: (-1.080,0.040) T-Test of mean difference=0(vs not=0):T-Value=-1.92,P-Value=0.067 66 Lighting RensselaerResearch Center 13. I can see pedestrians approaching on Clark Street clearly while driving. N Mean StDev SE Mean LIPS 25 -0.560 1.158 0.232 FL 25 0.560 0.870 0.174 Difference 25 -1.120 1.333 0.267 95%CI for mean difference: (-1.670,-0.570) T-Test of mean difference=0(vs not=0):T-Value=-4.20,P-Value=0.000** 14. I feel safe while driving along Clark Street. N Mean StDev SE Mean HPS 25 0.440 0.917 0.183 FL 25 1.000 0.764 0.153 Difference 25 -0.560 1.003 0.201 95%CI for mean difference: (-0.974,-0.146) T-Test of mean difference=0(vs not=0):T-Value=-2.79,P-Value=0.010* 15. I can see other pedestrians approaching on Clark Street clearly. N Mean StDev SE Mean HPS 25 -0.360 1.150 0.230 FL 25 0.320 1.030 0.206 Difference 25 -0.680 1.626 0.325 95%CI for mean difference: (-1.351,-0.009) T-Test of mean difference=0(vs not=0):T-Value=-2.09,P-Value=0.047* 16. I can see faces of pedestrians on Clark Street clearly N Mean StDev SE Mean HPS 25 -0.920 0.997 0.199 FL 25 0.160 1.179 0.236 Difference 25 -1.080 1.412 0.282 95%CI for mean difference: (-1.663,-0.497) T-Test of mean difference=0(vs not=0):T-Value=-3.82,P-Value=0.001** 17. I can see vehicles approaching on Clark Street clearly. N Mean StDev SE Mean LIPS 25 0.640 0.907 0.181 FL 25 0.960 0.676 0.135 Difference 25 -0.320 1.145 0.229 95%CI for mean difference: (-0.792,0.152) T-Test of mean difference=0(vs not=0):T-Value=-1.40,P-Value=0.175 18.I feel secure while walking on the sidewalk of Clark Street. N Mean StDev SE Mean HPS 25 -0.200 1.118 0.224 FL 25 0.520 0.872 0.174 Difference 25 -0.720 I.173 0.235 95%CI for mean difference: (-1.204,-0.236) T-Test of mean difference=0(vs not=0):T-Value=-3.07,P-Value=0.005** 67 Lighting Research Center (1)-':Rensselaer Appendix B: Baseline Resident Street light Survey Questionnaire The Lighting Research Center(LRC), in partnership with Groton Utilities, will conduct a street lighting demonstration. The LRC and Groton Utilities will replace existing high pressure sodium street lights with a fluorescent lighting source on twelve poles along Meridian Street(between Park Ave. and Mitchell St.). Before replacing the lighting, we would like to know your opinions of the current street lighting. The completion of this survey is completely voluntary. Please observe the street and the lighting at night,then, circle the number which most closely describes the degree of your agreement with each statement: -2: strongly disagree, -1: disagree, 0: neutral,+1: agree,+2: strongly agree. Then, please return this sheet in the enclosed self addressed stamped envelope by April 20, 2007. Overall 21. I like the lighting on Meridian Street. (-2 -1 0 +1 +2 ) 22. The lighting on Meridian Street is comfortable. (-2 -1 0 +1 +2 ) 23. Meridian Street looks bright. ( -2 -1 0 +1 +2 ) 24. Meridian Street looks gloomy. (-2 -I 0 +1 +2 ) 25. The light fixtures on the poles on Meridian Street are too bright ( -2 -1 0 +1 +2) 26. Colors of traffic signs along Meridian Street appear clear. (-2 -I 0 +1 +2 ) 27. Colors of vegetation along Meridian Street look natural. ( -2 -1 0 +1 +2 ) 28. The lighting on Meridian Street is too warm in color for a street( -2 -1 0 +1 +2 ) 29. The lighting on Meridian Street is too cool in color for a street. (-2 -1 0 +1 +2 ) 30. The lighting of the street looks better than others. ( -2 -1 0 +1 +2 ) As a driver, with this lighting, 15. I can see the roadway pavement on Meridian Street clearly. (-2 -1 0 +1 +2 ) 16. I can see other vehicles approaching on Meridian Street clearly.(-2 -1 0 +1 +2 ) 17. 1 can see pedestrians approaching on Meridian Street clearly. (-2 -I 0 +1 +2 ) 18. I feel safe while driving along Meridian Street. ( -2 -1 0 +1 +2 ) As a pedestrian, with this lighting, 19. I can see other pedestrians approaching on Meridian Street clearly. (-2 -1 0 +1 +2 ) 20. I can see faces of pedestrians on Meridian Street clearly. ( -2 -1 0 +1 +2 ) 21. I can see vehicles approaching on Meridian Street clearly. ( -2 -1 0 +1 +2 ) 22. I feel secure while walking on the sidewalk of Meridian Street. ( -2 -I 0 +I +2 ) If you have any questions and comments, please feel free to contact Peter Morante at 518-687-7173 (moranp(it7rpi.edu) or the Institute Review Board; Rensselaer Polytechnic Institute; CII 7015; 110 8th Street; Troy.NY 12180. Thank you for your time and cooperation. Name: 68 Lighting Research Center " 'Renssel er Appendix C: Post-Installation Resident Street light Survey Questionnaire The Lighting Research Center(LRC), in partnership with Groton Utilities, is conducting a street lighting demonstration. The LRC and Groton Utilities have replaced some high pressure sodium street lights (the yellowish/orangish lights) with a fluorescent lighting source on twelve poles along Meridian Street(between Park Ave. and Mitchell St.). We would like to know your opinions of these new street lights. The completion of this survey is completely voluntary. Please observe the street and the lighting at night, then, circle the number which most closely describes the degree of your agreement with each statement: -2: strongly disagree, -1: disagree, 0: neutral,+1: agree,+2: strongly agree. Then, please return this sheet in the enclosed self addressed stamped envelope by August 24, 2007. Overall 31. I like the lighting on Meridian Street. ( -2 -1 0 +1 +2 ) 32. The lighting on Meridian Street is comfortable. ( -2 -1 0 +1 +2 ) 33. Meridian Street looks bright. ( -2 -1 0 +1 +2 ) 34. Meridian Street looks gloomy. ( -2 -1 0 +1 +2 ) 35. The light fixtures on the poles on Meridian Street are too bright ( -2 -1 0 +1 +2 ) 36. Colors of traffic signs along Meridian Street appear clear. (-2 -I 0 +I +2 ) 37. Colors of vegetation along Meridian Street look natural. (-2 -1 0 +1 +2 ) 38. The lighting on Meridian Street is too warm in color for a street(-2 -I 0 +I +2 ) 39. The lighting on Meridian Street is too cool in color for a street. ( -2 -1 0 +1 +2 ) 40. The lighting of the street looks better than others. ( -2 -1 0 +1 +2 ) As a drivel•, with this lighting, 19. I can see the roadway pavement on Meridian Street clearly. ( -2 -1 0 +1 +2 ) 20. 1 can see other vehicles approaching on Meridian Street clearly.( -2 -1 0 +1 +2 ) 21. I can see pedestrians approaching on Meridian Street clearly. ( -2 -1 0 +1 +2) 22. I feel safe while driving along Meridian Street. (-2 -I 0 +I +2 ) As a pedestrian, with this lighting, 23. I can see other pedestrians approaching on Meridian Street clearly. ( -2 -1 0 +1 +2) 24. 1 can see faces of pedestrians on Meridian Street clearly. ( -2 -1 0 +1 +2 ) 25. I can see vehicles approaching on Meridian Street clearly. ( -2 -1 0 +1 +2 ) 26. I feel secure while walking on the sidewalk of Meridian Street. ( -2 -1 0 +1 +2 ) If you have any questions and comments, please feel free to contact Peter Morante at 518-687-7173 (moranpnrpi.edu) or the Institute Review Board; Rensselaer Polytechnic Institute; CIl 7015; 110 8th Street; Troy,NY 12180. Thank you for your time and cooperation. Name: 69