HomeMy WebLinkAboutCity Council - 03/03/2009AGENDA
CITY COUNCIL WORKSHOP
& OPEN PODIUM
TUESDAY ,MARCH 3, 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
1.SENIOR ISSUES TASK FORCE REPORT UPDATE &TRANSPORTATION
COMMITTEE UPDATE
Council Chamber
II.OPEN PODIUM
III.ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,MARCH 3, 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
1.ROLL CALL / CALL THE MEETING TO ORDER
II.COLOR GUARD /PLEDGE OF ALLEGIANCE
III.COUNCIL FORUM INVITATION
IV.PROCLAMATIONS /PRESENTATIONS
A.EDEN PRAIRIE HIGH SCHOOL POM SQUAD RECOGNITION
B.CORNERSTONE
V.APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI.MINUTES
A.COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 17, 2009
B.CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 17, 2009
VII.REPORTS OF ADVISORY BOARDS &COMMISSIONS
VIII .CONSENT CALENDAR
A.CLERK 'S LICENSE LIST
B.AWARD CONTRACT FOR MILLER PARK PLAY AREA RENOVATION
PHASE II TO ODESSA II
C.AWARD CONTRACT FOR 2009 STREET SWEEPING TO RELIAKOR
SERVICES INC.
D.ACCEPT PROPOSAL FROM CENTURYTEL ACQUISITION LLC TO
RENEW VOICE AND DATA SERVICE AND AUTHORIZE EXECUTION
OF A THREE-YEAR SERVICE AGREEMENT
E.APPROVE CHANGE ORDERS FOR WEST 78TH STREET WATER MAIN
REPLACEMENT PROJECT
CITY COUNCIL AGENDA
March 3, 2009
Page 2
F.APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WSB &
ASSOCIATES FOR THETH212 /VALLEY VIEW ROAD INTERCHANGE
STUDY, I.C. 09-5751
G.APPROVE COST SHARING AGREEMENT WITH HENNEPIN COUNTY
REGIONAL RAILROAD AUTHORITY FOR THE 212 / VALLEY VIEW
ROAD INTERCHANGE STUDY, I.C. 09-5751
H.ADOPT RESOLUTION REQUESTING AUTHORITY TO ESTABLISH A
MUNICIPAL STREET IMPROVEMENT DISTRICT
IX.PUBLIC HEARINGS / MEETINGS
A.2009 CDBG FUNDS ALLOCATION (Resolution)
X.PAYMENT OF CLAIMS
XI.ORDINANCES AND RESOLUTIONS
XII.PETITIONS, REQUESTS AND COMMUNICATIONS
XIII.APPOINTMENTS
XIV.REPORTS
A.REPORTS OF COUNCILMEMBERS
1.Council Member Duckstad - Budget
B.REPORTS OF CITY MANAGER
1.494-169 Update
2.City Center Landscape Management
C.REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D.REPORT OF PARKS AND RECREATION DIRECTOR
E.REPORT OF PUBLIC WORKS DIRECTOR
F.REPORT OF POLICE CHIEF
G.REPORT OF FIRE CHIEF
H.REPORT OF CITY ATTORNEY
XV.OTHER BUSINESS
XVI.ADJOURNMENT
ANNOTATED AGENDA
DATE:February 27, 2009
TO:Mayor and City Council
FROM :Scott Neal, City Manager
RE:City Council Meeting for Tuesday, March 3, 2009
TUESDAY, MARCH 3,2009 7:00 PM,COUNCIL CHAMBER
1.ROLL CALL / CALL THE MEETING TO ORDER
II.COLOR GUARD / PLEDGE OF ALLEGIANCE
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.EDEN PRAIRIE HIGH SCHOOL POM SQUAD RECOGNITION
The Eden Prairie High School Pom Squad took top honors in the Large
Varsity Jazz category at the Universal Dance Association National
Competition in Orlando, Florida, in February. The team also placed
second in the Large Varsity Pom category. The 1 -member team is
coached by Ann Itman, a Pom Squad Alumni.
Members of the Pom Squad will be present for this recognition.
B.CORNERSTONE
VI.MINUTES
MOTION :Move to approve the following City Council minutes:
A.COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 17, 2009
B.CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 17, 2009
ANNOTATED AGENDA
March 3, 2009
Page 2
VII.REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII.CONSENT CALENDAR
MOTION :Move approval of items A-H on the Consent Calendar.
A.CLERK'S LICENSE LIST
B.AWARD CONTRACT FOR MILLER PARK PLAY AREA RENOVATION
PHASE II TO ODESSA II
C.AWARD CONTRACT FOR 2009 STREET SWEEPING TO RELIAKOR
SERVICES INC.
D.ACCEPT PROPOSAL FROM CENTURYTEL ACQUISITION LLC TO
RENEW VOICE AND DATA SERVICE AND AUTHORIZE EXECUTION OF
A THREE-YEAR SERVICE AGREEMENT
E.APPROVE CHANGE ORDERS FOR WEST 78TH STREET WATER MAIN
REPLACEMENT PROJECT
F.APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WSB &
ASSOC. FOR THETH212 /VALLEY VIEW ROAD INTERCHANGE STUDY,
I.C. 09-5751
G.APPROVE COST SHARING AGREEMENT WITH HENNEPIN COUNTY
REGIONAL RAILROAD AUTHORITY FOR THE 212 / VALLEY VIEW
ROAD INTERCHANGE STUDY, I.C. 09-5751
H.ADOPT RESOLUTION REQUESTING AUTHORITY TO ESTABLISH A
MUNICIPAL STREET IMPROVEMENT DISTRICT
IX.PUBLIC HEARINGS / MEETINGS
A.2009 CDBG FUNDS ALLOCATION (Resolution)
Official notice of this public hearing was published in the February 5, 2009,Eden
Prairie News.
Synopsis :The 2009 CDBG allocation has not yet been announced by the office
of Housing and Urban Development (HUD). However, the Human Services
Review Committee used the conservative estimate of $250,000 in funding to
make the funding recommendations as listed below. Once the actual amount is
received, the funds will be modified on a percentage basis for each of the
applicants.The regulations stipulate that public service funding may not exceed
15 percent of the City's total allocation. The Human Services Review Committee
reviewed the 2009 CDBG proposals and recommended the following activities be
funded.
ANNOTATED AGENDA
March 3, 2009
Page 3
Human Services Activity Funding County % of
Level Priority Allocation
1 PROP Housing Support Services $5,000 High 2%
2 YMCA (Child Care Subsidy)$10,000 High 4%
3 HOME (Household & Outside Maintenance for
the Elderly)
$8,000 High 3.2%
4 HomeLine (Tenant's Advocacy Service)$5,000 High 1.95%
5 JVS Employment Assistance Services $5,500 High 2.2%
6 Emergency Vehicle Repair Fund $12,000 High 4.8%
Subtotal $45,500
Housing Activities Funding
Level
County
Priority
7 Housing Rehabilitation Deferred Loan Program $57,000 High 22.8%
8 Affordable Housing Initiative $100,000 High 40%
9 PROP Emergency Housing Assistance $20,000 High 8%
10 Fair Housing Initiative $2,500 High 1 %
11 Program Administration $25,000 10%
Grand Total $250.000
The discussion of how to distribute the 2009CDBG funds through the Human
Services Review Committee included a complete review of all "Request for Funding
applications and the distribution percentage of funds in 2008. The Committee's goals
were to have the best and highest use of these funds for human services that
demonstrated the most direct benefit to the community.
MOTION :Move to adopt Resolution approving the use of 2009 CDBG
funds as recommended by the Eden Prairie Human Services Committee.
X.PAYMENT OF CLAIMS
XI.
XII.
XIII.
XIV.
MOTION :Move approval of the Payment of Claims as submitted
(Roll Call Vote).
ORDINANCES AND RESOLUTIONS
PETITIONS, REQUESTS AND COMMUNICATIONS
APPOINTMENTS
REPORTS
A.REPORTS OF COUNCILMEMBERS
1.Council Member Duckstad - Budget
B.REPORTS OF CITY MANAGER
1.494-169 Update
2.City Center Landscape Management
ANNOTATED AGENDA
March 3, 2009
Page 4
C.REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D.REPORT OF PARKS AND RECREATION DIRECTOR
E.REPORT OF PUBLIC WORKS DIRECTOR
F.REPORT OF POLICE CHIEF
G.REPORT OF FIRE CHIEF
H.REPORT OF CITY ATTORNEY
XV.OTHER BUSINESS
XVI.ADJOURNMENT
MOTION :Move to adjourn the City Council meeting.
ITEM NO.: VI.A.
UNAPPROVED MINUTES
CITY COUNCIL WORKSHOP WITH THE
CONSERVATION COMMISSION & OPEN PODIUM
TUESDAY, FEBRUARY 17, 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
CONSERVATION COMMISSION: Eapen Chacko - Chair, Laura Jester - Vice-Chair, Ray
Daniels, Sean Katof, Geneva McMillan, Jan Mosman, Leslie Stovring - Staff Liaison
Heritage Room II
Acting Mayor Aho called the meeting to order at 5:35 p.m. He said Mayor Young was delayed due
to a work commitment and would join the meeting as soon as possible.
1.2008 ACCOMPLISHMENTS
Conservation Commission Vice-Chair Laura Jester reviewed the commission's 2008
activities.The commission undertook several education and outreach initiatives. They
provided articles for the Environmental Times newsletter, participated in the Chamber of
Commerce's Yard and Garden Expo, sponsored a workshop on pond and lake care, and
conducted a Community Education workshop on the construction and use of rain barrels.
The commission also supported and participated in outreach and education efforts of
neighboring communities.
The Conservation Commission reviewed and provided input on the City's Goose
Management Plan, which was adopted by the City Council in June. The commission also
promoted the Change-a-Light campaign to encourage residents to switch out older light
bulbs with newer, energy efficient light bulbs. Forty-six Eden Prairie residents took the
Change-a-Light pledge and replaced 592 bulbs for an energy savings of 166,944 kWh.
The commission also expanded the water conservation rebate program. The program now
also provides rebates for residents who upgrade existing irrigation systems to include a rain
sensor or smart controller system.
The commission met with the City's environmental consultant, McKinstry, to review Phase
I and 11 20-40-15 energy conservation projects.
II.CHARTER REVISION
Conservation Commission Chair Eapen Chacko said the commission reviewed its charter
last year and is proposing revisions, particularly in the area of roles and responsibilities. He
said the expanded charter statement discusses the broader context of the commission's
mission, then moves into specifics. He said there is consensus among the commission
members on the revisions.
Council Member Case said he likes the revisions. City Manager Scott Neal said the revised
charter will be brought to the City Council for action at a future meeting.
II.2009 WORK PLAN
Public Works Director Gene Dietz brought the Council's attention to the Conservation
Commission's proposal for an expanded energy conservation program. Proposed
expenditures for the program for 2010 are $18,500, and include expansion of the
programmable thermostat rebate program, rebates for energy audits, sponsorship of two
workshops, and development of educational materials. This amount will be proposed with
the 2010 budget submittal for consideration.
III.DISCUSSION
Case said he would like to discourage lawn watering and encourage cultivation of prairie
grass areas.He would like to see the City model this type of area on its properties. Chacko
said the Conservation Commission has started a modest grant program for shoreland
restoration and rain water gardens.More detailed guidelines for rain water gardens would
be helpful. Conservation Commission Member Jan Mosman said she recently attended a
seminar that discussed how holding competitions can help build momentum for
environmental programs like rain water gardens and shoreland restoration.
Council Member Nelson said she would like to see a "green city building code considered.
Chacko said the Conservation Commission has discussed how it can help ensure that
conservation values are part of development projects, both public and private. Dietz said
staff has, to an extent, discouraged adding another step to the development review process.
Aho said it would be acceptable for the City to recommend that developers consider
conservation aspects of projects, but he does not want to legislate it. Nelson said the City
could devise a "short list of things developers could be asked to consider. She also
suggested providing conservation training to the Planning Commission so they are able to
ask pertinent questions during the approval process. She said a joint meeting of the
Conservation and Planning Commissions might be advantageous. Neal said that when the
Conservation Commission was formed, it was not envisioned as a regulatory body. He said
staff has not led the commission in that direction, and is sensitive to placing another burden
on developers.Mayor Young said he does not want to add additional steps to the approval
process.Duckstad said it is important not to over-regulate.
The Council Members thanked the Conservation Commission for its work and input.
Council Chamber
IV.OPEN PODIUM
UNAPPROVED MINUTES
ITEM NO.: VI.B.
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, FEBRUARY 17, 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 Planner Michael Franzen ,Community Development Director
Janet Jeremiah ,City Attorney Ric Rosow and Council Recorder Jan Curielli
1.ROLL CALL / CALL THE MEETING TO ORDER
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 342, sponsored by Eden Prairie United Methodist
Church, for presenting the colors tonight.
III.COUNCIL FORUM INVITATION
IV.APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Case added Item XIV .A.1. Neal added Item VIII .E. to the Consent Calendar and noted
this item will authorize improvements to bring the Art Center up to minimal ADA
requirements.
MOTION: Duckstad moved, seconded by Aho, to approve the agenda as amended.
Motion carried 5-0.
V.PROCLAMATIONS / PRESENTATIONS
A.1-494 CORRIDOR COMMISSION
Melissa Madison, Executive Director of the 1-494 Corridor Commission, provided
an update on the work of the commission and their plans for 2009. She said the
improvements to the 1-494/169 interchange are their highest priority. They are also
advocating for auxiliary lanes on 1-494 and on Shady Oak Road. She noted
MNDoT has said the work of the 1-494 Commission was instrumental in
accelerating the expansion of 1-494. The commission works closely with over 100
employers in Eden Prairie on transit issues. They are sponsoring a Spring
Commuter Challenge with a competition between the cities that are members of the
commission. She noted the City of Bloomington has challenged Eden Prairie in this
competition.
Aho said he thought the City receives an excellent value for our membership in this
CITY COUNCIL MINUTES
February 17, 2009
Page 2
organization. The City is focused on trying to move forward the 1-494/169
interchange because that is the most important project to all our residents and also
to the greater Twin Cities metro area. He thought the commission is instrumental in
that effort.
Young thanked Ms Madison for her report and said he believes the 1-494/169
interchange project is absolutely critical.
VI.MINUTES
A.COUNCIL WORKSHOP HELD TUESDAY ,FEBRUARY 3, 2009
MOTION: Nelson moved, seconded by Case, to approve the minutes of the
Council Workshop held Tuesday, February 3, 2009, as published.Motion carried
5-0.
B.CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 3, 2009
MOTION: Aho moved, seconded by Duckstad, to approve the minutes of the
City Council Meeting held Tuesday, February 3, 2009, as published.Motion
carried 5-0.
VII.REPORTS OF ADVISORY BOARDS &COMMISSIONS
VIII.CONSENT CALENDAR
A.CLERK'S LICENSE LIST
B.AUTHORIZE STAFF TO ENTER INTO LEASE AGREEMENT FOR THE
HOUSE AT RILEY LAKE PARK
C.APPROVE PURCHASE OF REPLACEMENT VEHICLES AND EQUIPMENT
D.APPROVE DESIGN FEE ADJUSTMENT FOR SRF CONSULTING
GROUP FOR FINAL DESIGN OF SINGLETREE LANE
IMPROVEMENTS, I.C. 07-5690
E.ART CENTER BUILDING REMODELING
MOTION: Nelson moved, seconded by Case, to approve Items A-E on the
Consent Calendar.Motion carried 5-0.
IX.PUBLIC HEARINGS / MEETINGS
X.PAYMENT OF CLAIMS
MOTION: Duckstad moved, seconded by Case, to approve the Payment of Claims as
submitted.Motion was approved on a roll call vote, with Aho, Case,Duckstad ,Nelson
and Young voting "aye."
CITY COUNCIL MINUTES
February 17, 2009
Page 3
Case said he thought the revised format is wonderful now that it separates out the
enterprise funds.He asked if salary and benefits are broken down within separate
departments.Neal replied the Payment of Claims have Accounts Payable items and
includes everything except payroll items. He said payroll is not one of the things the
Council authorizes at each meeting.
XI.ORDINANCES AND RESOLUTIONS
A.SECOND READING OF ORDINANCE 1-2009 AMENDING CITY CODE
CHAPTER 11 RELATING TO HOME BASED BUSINESSES (Resolution
2009 -16 No. Adopting Summary Ordinance for Publication)
Neal said this is second reading of the ordinance amending the home occupation
code. First reading of the ordinance was held at the February 3 meeting, and the
Council had some questions that night about the home based business ordinance.
Staff promised to make some additions and changes to clarify some of the issues
raised about home based businesses and also to make it easier for someone to have
a home based business. Since that time Staff and Council Members have received
questions about the changes.
Young noted several questions were related to the application of the ordinance to
in-home day care, especially the part that limits the home based business to 25% of
the living area of the residence. He said staff advised him that in-home day care is
regulated by the State of Minnesota, so our ordinance does not apply to those
businesses.
Jeremiah said all the calls staff received were for businesses that would be
unaffected by the ordinance change, because they were either already out of
compliance or were under State regulation. She said this ordinance was reviewed
by the Chamber of Commerce's government committee, and we did not receive any
formal comments from that group. She noted we want to continue to encourage
home based businesses, and this ordinance should help with commute congestion
and should provide clarification if there are enforcement issues.
Referring to Subparagraph H that requires a vehicle used in the home based
business to be kept in an attached garage, Case said he thought there might be a line
that is crossed in the case of a large truck with a blade on the front that would not
fit into the garage. He asked if this is too strict and if it would prevent those kinds
of trucks, or, for example, a taxi or an employee-driven City-owned fire vehicle
from being parked in the driveway. He also was concerned about Subparagraph K
that limits the home based business to four parking spaces, none of which can be
parked on a public or private road. He thought friends or clients would usually
choose to park on the street. He said we might want to try to clarify that point or
perhaps it was best left "under the radar.
Aho asked if staff has received any complaints about the vehicle parking issue
raised by Council Member Case. Franzen said the most frequent complaint is about
the outdoor storage of supplies. He said we don't define hours of operation but do
CITY COUNCIL MINUTES
February 17, 2009
Page 4
have a 7 to 7 clause for hours of operation. He said we get some complaints about
vehicles when there are a number parked in the driveway. He said they limited
parking to four vehicles because of the typical setback from the curb to the garage,
but there is a four-hour temporary parking window included to cover those
situations.
Nelson asked about the subparagraph regarding only one employee for the home
based business. Aho said Subparagraph K includes a limit to four spaces for an
employee, visitors and invitees. Franzen said the current ordinance allows home
based businesses to have one employee who doesn't live in the household.
Duckstad said reference was made to a State statute that covers home care. He
asked if we assume that a State statute exists that applies to a specific situation,
then our ordinance will be ignored. Rosow replied the State statutes specifically
provide that a permitted single family use is defined to encompass a variety of uses,
and one of those specifically permitted is a licensed day care facility serving 12 or
fewer persons. Duckstad asked if we consider our own ordinance at all in those
cases .Rosow said there are a number of these state mandated permitted uses in the
single family and multi-family zoning, and if we ever tried to enforce our ordinance
on a home based business against a permitted use, we would not prevail.
Young said he did not think we need to specifically amend our ordinance to state it
does not apply to day care. As far as the question regarding truck parking he was
less concerned about relaxing the number of parking spaces than he was on the
types of vehicles because we have to draw a line somewhere. Franzen said we are
not changing our approach in administering the ordinance, and we will continue to
enforce it on a complaint basis.
Nelson said Subparagraph H only talks about vehicles with a home based business,
whereas a police officer or fire fighter's vehicle is not involved in a home based
business. She asked if we regulate those anywhere else. Franzen said we do not.
Nelson asked if the hours of operation apply to home based businesses because she
thought there are businesses that have make-up parties or Tupperware parties in
someone's home in the evenings or on weekends. Franzen said those would not
meet the definition of home based business. He said it is important for our rules to
be measurable and reasonable. We are adding a purpose and intent to the ordinance
because the rules have to relate back into something we are trying to accomplish.
Case said he agreed that his two concerns should stay "under the radar. If someone
were employed by a company to drive a snowplow, that would not be considered a
home based business so that person could park the vehicle at his home. Franzen
agreed that would not be considered a home based business.
Case noted our ordinance is derived from problems so we should be open to
tweaking it in the future if the need arises .Franzen said over the course of a year
we will apply what we learn, and if we are too rigorous staff will come back with a
change.
CITY COUNCIL MINUTES
February 17, 2009
Page 5
Young thought the Council has had a good and thorough discussion of amending
this ordinance, and staff has reassured us about the questions raised.
MOTION: Duckstad moved, seconded by Nelson, to approve 2nd Reading of
Ordinance No. 1-2009 amending City Code Chapter 11 relating to Home Based
Businesses and adopt Resolution No. 2009-16 approving summary publication.
Motion carried 5-0.
XII.PETITIONS, REQUESTS AND COMMUNICATIONS
XIII.APPOINTMENTS
XIV.REPORTS
A.REPORTS OF COUNCILMEMBERS
1.Case -Application for Federal Economic Stimulus Funds
Case said he received an email from someone who was concerned that Eden
Prairie was not on the list of the many cities in Minnesota that had applied
for various stimulus package funds. He asked Mr. Neal to comment on why
we have not applied for funds. Young noted he received a number of emails
from people who were shocked and amazed at what some of the other
mayors were asking for.
Neal said when you look at how the different cities in the Twin Cities area
have approached the availability of federal funds, you can see a lot of
examples of cities that found projects the cities had other funding plans for
but that suddenly became good candidates for federal funds. He said we had
some ethical concerns about that. When we thought about the kinds of
projects around Eden Prairie that are legitimate uses, the one that stands out
is the 1-494/169 interchange project. He thought all the other projects we
have going on in the City would require an ethical stretch for us to ask to
fund those with federal money.
Young said this was a discussion he and Mr. Neal had a few weeks back.
He said they talked about ways to get funding for 1-494/169, and he thought
the decision we made was a good and right one.
Duckstad said he agreed with Mr. Neal that the 1-494/169 project should be
a target in the event we receive stimulus funding. Transportation is a core
governmental function, and a project of that nature is a real stimulus
problem which would create immediate jobs and would carry out the
objectives of stimulus funding.
Case said he supported everyone's comments, and he just wanted the City
Manager's perceptions to be shared. He noted one of our neighboring cities
has submitted 18 projects for the stimulus projects, and he did believe we
should at least be able to explain why we aren't submitting such a list.
CITY COUNCIL MINUTES
February 17, 2009
Page 6
B.REPORT OF CITY MANAGER
1.Street Utility Legislation
Neal noted during the legislative session issues come up quickly. There is
an initiative going on that is sponsored by the League of Minnesota Cities
and will allow some cities to charge a street utility fee. The fee would be a
small monthly fee on a utility bill that is legislated to street repairs. We do
not currently have state authority to do this. There have been previous
attempts by the League and other groups to do this, and there will be
another attempt this year. The League is looking for some cities to be the
poster cities. The legislation isn't drafted yet, and, if we agree to become
one of the poster cities, we would have the ability to withdraw at the time if
the bill as drafted is too onerous or is inappropriate.
Dietz said we have talked about transportation funding a lot in the past and
we have advocated for this. We have a stable source of funding for our
utility infrastructure, for sewer and water and for storm water, but we lack a
stable source of funding for street maintenance. This would be used to
maintain the roads we have, and it would be very desirable to have a stable
source of funds. He said today we generate about $800,000 in our storm
water utility at a charge of $4.00 per quarter. We would probably need
about three times that amount in order to fund all the pavement maintenance
we do, so that would probably come out to about $12.00 per quarter,
depending on how it was structured.
Young said his recollection is that the Council has supported this in the
past. Dietz said they are looking for 10-12 cities to be a test on this process.
Young asked if, when we get to the time that most of our roads require
major reconstruction, we would have to use special assessments to pay for
that without this funding source. Dietz said it is currently hard to sustain the
tax part of this.
Nelson said we just talked about a section of town that needs to be redone
and asked if that is considered maintenance. Dietz said we have set aside a
certain amount of the pavement management money to reconstruct
roadways. We have $1.5 million in the capital utility fund budget and
$500,000 in street operations and maintenance programs. That, along with
some other items ,would all add up to $2-2.5 million, and we would propose
that this would be part of that. He said that level of funding should sustain
our system. Our policy is that if curb and gutter don't exist on a street, those
items would be an assessable cost. The $2.5 million total is about enough
for the job at this point. If more is needed in the future, the Council could
increase it or adopt an assessment policy as well.
Nelson asked if we would be blocking ourselves into a situation where there
is not enough money in the fund and we are not able to use tax money.
CITY COUNCIL MINUTES
February 17, 2009
Page 7
Dietz said one of the dangers would be that it would be awkward to put
back the assessment if we jump into a street utility when it is authorized but
later the legislature changes or stops the legislation. We would then have to
take it out of the general fund for street maintenance.
Nelson asked if we are a good candidate for being out in front on this since
we have developed in large segments over periods of time. Dietz said what
makes us a good candidate is that we have high aspirations for our street
system and high standards that are as good as any in the metropolitan
system.We have a pavement index rating system and have a goal to score
80 out of 100 on that system.
Nelson said she believes in putting money away into this kind of a system.
It is much easier to pay a small amount along the way and put it aside for a
specific purpose.
Aho asked if we go forward with this and be part of this program would this
just give us the ability to levy or would we start to levy these taxes
immediately. Dietz said initially it would be to have the ability to levy.
However, we would go into it hoping that we could implement a street
utility.We would go into it planning to implement it, but would reserve the
option to bail at the last minute if the legislation was too onerous.
Neal said staff will update the Council as the effort goes along .He noted we
might have to testify as part of our participation in the effort.
C.REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D.REPORT OF PARKS AND RECREATION DIRECTOR
1.Resolution 2009 -17 Accepting and Reco2nizin2 Gifts and Donations for
2008
Lotthammer said in 2008, over $1,631,493 in cash and in-kind donations
were contributed to the City of Eden Prairie towards programs, events and
construction projects. These contributions make enhancements to programs
and facilities along with allowing several programs to be available to the
community that would not otherwise be possible. He said we are required to
accept all donations and gifts to the City by resolution. He noted we
received 67 different contributions in cash and 51 different in-kind
donations.
Young said it was a very impressive list, and the Council is grateful for the
generosity of our residents, the business community and charitable groups.
MOTION: Aho moved, seconded by Nelson, to adopt Resolution 2009-17
accepting and recognizing the generous contributions and donations totaling
over $1,631,493 from businesses and individuals to the City of Eden Prairie
during 2008 as listed in Exhibit 1 of the resolution .Motion carried 5-0.
CITY COUNCIL MINUTES
February 17, 2009
Page 8
E.REPORT OF PUBLIC WORKS DIRECTOR
F.REPORT OF POLICE CHIEF
G.REPORT OF FIRE CHIEF
H.REPORT OF CITY ATTORNEY
XV.OTHER BUSINESS
XVI.ADJOURNMENT
MOTION: Duckstad moved,seconded by Case,to adjourn the meeting.Motion carried
5-0.Mayor Young adjourned the meeting at 7:55 PM.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 3, 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.
Private Kennel
James McCoy - dogs
New Liquor License
(On-Sale Wine with Strong Beer & 3 .2 Beer)
Licensee name: PureGrace LLC
DBA: Dunn Bros Coffee
8107 Eden Prairie Road
2009 Renewal Licenses
Commercial Kennel
Anderson Lakes Animal Hospital
DBA: Anderson Lakes Animal Hospital
Shayshaw Corporation
DBA: Central Bark Doggy Day Care
Hound Dog Pet Hotel
DBA: Hound Dog Pet Hotel
PetSmart, Inc
DBA: PetsHotel
Private Kennel
Pamela Brabender Kley - dogs
1
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 3, 2009
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.B.
Stuart Fox, Parks and Natural Award Quote for Miller Park Playground - Phase
Resources Manager Two
Requested Action
Move to:Recommend to award the contract for Miller Park Play Area Renovation - Phase II to
Odessa II in the amount of $77 ,848.25 for the base quote plus alternate number two.
Synopsis
Plans and specifications were prepared by Brauer & Associates, Ltd. for phase two improvements at the
Miller Park "barrier free play area. Three construction companies submitted quotes for the project. Their
quotes were as follows:
Quote Submitter Odessa II Peterson Blackstone
Comp any Inc .Contractors LLC
Base Quote $74,848.25 $82,556.40 $98,902.18
Alternate 1 $29,385.00 $29,088.45 $32,152.45(additional rubber safe ty surface
Alternate 2 $3,000.00 $3,360.00 $3,307.68(install tire swing)
Alternate 3 $1,000.00 $1,750.00 $1,000.00(200 yards of sod)
Quote Total $108,233.25 $116,754.85 $135,362.31
The consultant recommends awarding the work to Odessa II. Staff concurs with their feedback and
recommends the same vendor .Staff recommends awarding the work to Odessa II using their base quote
amount plus alternate two for a total of $77,848.25 for the renovation project.
Work on the play ground reconstruction is to be completed by June 1, 2009.
Last year Odessa II was the contractor who successfully completed the initial construction of the barrier
free play area at Miller Park within budget and on time.
Background
Phase two of the renovation work includes replacement of the large swing set, installation of additional
rubberized safety surfacing, a sand and water table play feature, a tire swing and additional landscaping.
These items were listed as alternate bid items in the playground reconstruction plans that were bid last
year for creation of the new barrier free play area at Miller. However, after opening the bid submittals
last July there wasn't sufficient funds available to include the alternate bid items in the original play area
construction bid award.
Award Quote for Miller Park Play Area - Phase II
March 3, 2009
Page 2
In October, the Garvin and Miller Families hosted a barrier free playground fund raising event that raised
an additional $76,651.43 in donations for the Miller Park playground project. These are the funds that
will be used to pay for this phase of work. There are some funds remaining from the original donation of
$134,369 to cover the $1,196.82 difference.
Attachment
Letter of Recommendation from Brauer & Associates, Ltd.
BRAu'ER & AssocwrFs, LTD.
Mr. Jay Lotthammer, Director ofParks & Recreation Services
City- ofEdeiLPraiiie-Parks &?&Rec'reatio
8080 Mitchell Road
Eden Prairie,55344
Re:Recommendation to;Accept Quote, for Miller Park, PlayArea Renovation Pr(iject
Air.Lotthairurter,.
Atotal of 3 quotes Were received for this pr oject .wi.ththe `base cpiot.c prices xangmg from $74;848.25 to
$98,9.02 .18 as per the table be1c V.The Vase estunate `thaty e pre as Gcl prig to bidding: as
approximately S87,000.010. Ole hm,,c reviewed.the guotes .for.this .projeet, checked for .errors;,, and.
confirmed .that OdesaII has . submitted :the lowest quote.
Peterw%n roln an.!PCIesAIrec.
Blackstone Contractors
LLC.
B:aseQuote $74;848.25..$82,555;40 $98,902.18:
Alternate 1.
(addi rubber safety $29;385.00 $29,088.45:;$32,152:45
surface).
Alternate 2 $3 000.00 $3 3630.00 $3;307:68:(nstall tire ,wingti',,
Alternate 3 $1,000.00 $1,75.(1.00 $1,000•OQ;;(20.0 sq. Yards" of sod).
Total Bid,$108,233.25 <$116;:'754 85 W5,362,3
e..have-worked with Odesa II on previoi..projects with go o d :outcomes , including a few for the City of
Eden.Pra iie. It is our recomiE endatioii that the City accept .Odesa ll's quote and execute a contract for
construction aftlhe cite impro ` einents for thisprojec ncludmg aiterriates and for a totalamount
of $75,848 ,25.Alternate # 1 could also ,easily be redesigned .to reduce .the.extent to fit wIithirtyour
budget if you would liketo do so..
Additionally, we ..recommend settin g; aside a construction contingency of 10%.
It is alway ';pleasure to Work nth you and the Cit _We are excited to: see the proposed changes tale
place this spring:If you have any questions or concerns ,please, call me at (9.5 21) 1-38-0831 ext. 14
Sincerely,
Brauer & Associates, Ltd..
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 3, 2009
DEPARTMENT /DIVISION :ITEM DESCRIPTION :I.C. #09 -5746 ITEM NO.: VIII.C.
Mary Krause Award Contract for 2009 Street Sweeping to
Public Works/Engineering Reliakor Services Inc.
Requested Action
Move to:Award contract for 2009 Street Sweeping to Reliakor Services Inc., in the amount of
$32,900.
Synopsis
Sealed bids were received Thursday, February 19, 2009 for the 2009 Street Sweeping. Three
bids were received as follows:
Reliakor Services, Inc.$32,900.00
Allied Blacktop $39,800.00
Aslakson's Blacktopping Service, Inc.$68,925.00
Background Information
The schedule for street sweeping in the project specifications indicates a start date of April 6,
2009. This early cleaning of the streets prevents sand and debris that has accumulated from the
winter snow removal operations from entering into the City's wetlands, creeks and lakes. Spring
sweeping of the streets takes approximately 8-10 working days.
Financial Implications
Funding for the spring sweeping is from the Storm Water Utility Fund. Street sweeping also
takes place after the sealcoating project and is funded from the Operating and Maintenance
budget for sealcoating and the CIP fund for pavement maintenance.
A comparison of the previous 4 years of sweeping bid prices submitted was done indicating an
actual reduction in bid prices for 2009.
Staff recommends award to Reliakor Services Inc.
Attachments
•Bid Price Comparison 2005-2009
Historical Striping Bid Prices
2005 ReliaKor Allied Blacktop Pearson
Services Brothers
Spring $61.85/hour $67.90/hour $70/hour
Sweeping
Sealcoat $61.85/hour $67.90/hour $77/hour
Sweeping
2006 ReliaKor Allied Blacktop Pearson ASTECH
Services Brothers
Spring $61.85/hour $89/hour $70/hour $70/hour
Swee in
Sealcoat $61.85/hour $89/hour $77/hour $75/hour
Sweeping
2007 ReliaKor Allied Blacktop Pearson ASTECH
Services Brothers
Spring $62/hour $79/hour $74/hour $77.50/hour
Sweeping
Sealcoat $62/hour $89/hour $82/hour $81/hour
Sweeping
2008 ReliaKor Allied Blacktop
Services
Spring $66.80/hour $79/hour
Sweeping
Sealcoat $66.80/hour $89/hour
Sweeping
2009 ReliaKor Allied Blacktop Aslakson's
Services Blacktop
Spring $64.75/hour $78/hour $137.85/hour
Sweeping
Sealcoat $70/hour $86/hour $137.85/hour
Sweeping
CITY COUNCIL AGENDA DATE:
SECTION:March 3, 2009
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.D.
Lisa Wu, Office of the City Voice and Data Service Agreement
Manager, Information Renewal with CenturyTel Acquisition
Technology LLC
Requested Action
Move to: Accept proposal from CenturyTel Acquisition LLC ("CenturyTel ) to renew voice and
data service and authorize execution of a three-year Service Agreement by the Mayor and City
Manager.
Synopsis
The City's three-year voice and data service agreement with CenturyTel expired in December
2007. CenturyTel continues to provide service to the City under the expired service agreement
based on a month-to-month service term. The City received proposals from CenturyTel and
Integra Telecom ("Integra ). Integra could not provide fiber connections to three remote City
facilities where CenturyTel currently provides fiber connections. Although wireless or cooper
solutions are available, CenturyTel's fiber connections provide a higher quality connection at a
cheaper rate. Also, continuing with CenturyTel will eliminate down time related to switching
services. Therefore, City staff recommends renewal of the Service Agreement with CenturyTel.
The City's monthly payment to CenturyTel under the expired Service Agreement was
approximately $3,600. After negotiating with CenturyTel, CenturyTel offered the City
competitive rates including a rate of $24.99 per business line. The monthly payment to
CenturyTel under the new three-year Service Agreement is $2,720.88. The City's monthly
payment will be reduced by approximately $879 per month. The total estimated savings over
three years will be approximately $31,644.
Attachments
Service Agreement
Contract Agreement Addendum
Integrated Communications Solution Proposal
Developed for:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie ,MN 55344
Proposal Date :2/24/2009
Prepared by:
CenturyTel
Joey Brunell
Sales Manager MN & KS Markets
763-578-0105
joey.brunell@centurytel.com
ETUTEL personal touch - advanced communications
leliabilityr I Value I Servi
Why Choose CenturyTel?
Get More.
We know you have a choice when it comes to selecting your voice, data, and IP
provider.That's why - now and as your needs change - CenturyTel goes above
and beyond your expectations with a communications and data network that
provides you more value with a level of reliability, stability and service you won't
find anywhere else.
Let us prove to you that, with CenturyTel, you really can expect more and get
more.
built on delivering more
tradition of financial stability
A ^^ri ,r^,^'
greater dependability
ETUTEL personal touch - advanced communications
Why Choose CenturyTel?
You deserve to expect more from your voice, data and Internet service provider ... with
CenturyTel,you get it.
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A facilities-based provider with frontline provisioning, service, maintenance and support
♦222,150 network route miles
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75-year history of providing voice ,data and IP solutions
♦$7.8 billion in assets
♦Member of the S&P 500 and ranked 697 on the Fortune 1,000
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More than 300 certified engineers and technicians
♦Three Network Operations Centers nationwide providing network monitoring 24/7/365
More than 1,100 customer support professionals ready to support your communications
and data requirements.
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You deserve to receive the most value from your telecommunications provider, and with
CenturyTel you get it.
Feature rich services, at no additional charge .All of our bundles come loaded with
value added features like caller ID, call waiting, call forwarding and a host of others, at no
additional charge to you.
No Sharing of Internet Bandwidth .Unlike Cable, CenturyTel's Internet products are
not shared applications. You receive the full benefit of your Internet connection, without
having to worry what time of day you're accessing the Internet.
Included Long Distance Minutes .Many of our bundles come packaged with inclusive
long distance minutes, both incoming and outgoing calls. You can easily manage your
entire telecommunications bill with one flat-rate for all services. No surprises!
ETUTEL personal touch - advanced communications
Service Agreement
By and Between
CenturyTel Acquisition LLC and City of Eden Prairie
1.Introduction .CenturyTel Acquisition LLC ("CenturyTel") is pleased to provide you with the CenturyTel Services
identified in the Services Addendum attached hereto, subject to the terms and conditions set forth in this Service
Agreement, the Services Addendum, and any other addenda or schedules attached hereto (collectively, the
"Agreement ").The words "Customer "and "you" refer to the entity purchasing Services hereunder and on whose behalf
this Agreement has been executed. The word "Services " includes and incorporates the CenturyTel products and
services ordered under this Agreement and more fully described in the Services Addendum attached hereto.
THIS AGREEMENT GOVERNS ALL ASPECTS OF CUSTOMER'S PURCHASE, USE AND TERMINATION OF THE
SERVICES HEREIN DESCRIBED. PLEASE REVIEW THIS AGREEMENT IN ITS ENTIRETY BEFORE SIGNING.
2.Services.
2.1 CenturyTel will provide to Customer the Services identified in Services Addendum for the "Service
Period "and the "Service Address "as stated in the Services Addendum ,unless this Agreement is terminated
earlier in accordance with the termination provisions of Section 6 below.
2.2 CenturyTel reserves the right to provision the Services to the Service Address via CenturyTel's
choice of technology,and CenturyTel may, at its option and in its sole discretion ,change the manner in which
the Services are provisioned at any time without notice ;provided, such change does not adversely affect the
quality and /or functionality of the Services provided hereunder.
2.3 Customer agrees to provide all information ,access ,and support reasonably required for timely
installation and proper use of CenturyTel's Services and equipment. Customer further agrees to secure all
necessary licenses ,permits ,and consents for installation of Services and equipment at the Service Address.
2.4 The "Service Delivery Date "is the date that CenturyTel first makes the Services available to the
Service Address .Unless otherwise provided herein ,the anticipated Service Delivery Date is forty-five (45)
business days from the signing of this Agreement ;however, Customer acknowledges and agrees that the
Service Delivery Date is approximate and may be adjusted by CenturyTel .If the Service Address is not ready
as a result of Customer 's act or omission ,CenturyTel may store any Equipment at Customer 's expense.
2.5 Customer shall have five (5) business days from the Service Delivery Date within which to conduct
acceptance testing ,at Customer's sole cost and expense. The actual date of commencement of Service
("Customer Acceptance Date ")shall be the earlier of (a) the date upon which the Service is affirmatively
accepted by Customer ,or (b) the date upon which the five-day acceptance testing period ends ,unless
Customer has provided CenturyTel with notice of rejection by contacting CenturyTel's Trouble Management
Center at (800) 850 -9048 and opening a Trouble Ticket prior to the expiration of the five-day acceptance testing
period .If Customer does provide CenturyTel with notice of rejection in accordance with this Section 2.5,
Customer shall have five (5) business days from the closure of the Trouble Ticket within which to conduct
acceptance testing ,at Customer's sole cost and expense .If Customer submits a second notice of rejection,
CenturyTel shall have the right ,at its option and in its sole discretion ,to terminate this Agreement without
liability or penalty to either party .The parties acknowledge and agree that the Service Delivery Date and
Customer Acceptance Date have already occurred as this Agreement is replacing a 1998 Term Plan Agreement
that was with KMC Telecom II ,Inc., predecessor to CenturyTel.
3.Equipment.
3.1 To provide the Services ,CenturyTel may be required to install equipment at the Service Address,
which equipment will remain CenturyTel's sole property at all times and will not be considered customer
premises equipment unless otherwise agreed by CenturyTel in writing .CenturyTel reserves the right to access
Customer 's premises for the purpose of maintaining ,removing ,replacing ,or taking any other action in
connection with the aforementioned equipment that is necessary to fulfill CenturyTel's obligations or protect
CenturyTel's rights under this Agreement.
3.2 Customer agrees to comply with all instructions and requirements regarding the use and /or care of
CenturyTel's equipment ,and to take reasonable measures to protect CenturyTel 's equipment at all times.
Customer further agrees to pay CenturyTel the replacement value of any equipment that is lost, stolen,
damaged as a result of Customer 's act or omission .CenturyTel will replace, at no charge to Customer, any
CenturyTel equipment that does not perform as specified herein ,unless CenturyTel determines ,in its sole
discretion, that Customer is directly responsible for the equipment failure.
3.3 Upon the expiration or termination of this Agreement ,Customer will ,at CenturyTel 's direction and
within five (5) business days ,either return any CenturyTel equipment or give CenturyTel reasonable access to
the Service Address and/or or such other Customer premises for the purpose of recovering and removing any
CenturyTel equipment .Customer agrees to pay CenturyTel the replacement value of any equipment that is not
timely returned in accordance with this Section 3.3.
ETUTEL personal touch - advanced communications
leliabilirw I Val
4.Payment Terms.
4.1 Pricing detail for the Services is set forth in the Services Addendum attached hereto. Charges will
begin to accrue upon the Customer Acceptance Date. The charges for the Services are categorized as
"Monthly Recurring Charges" or "Non-Recurring Charges."CenturyTel will invoice Customer monthly for
Recurring Charges, and CenturyTel will invoice Customer for Non-Recurring Charges as they are incurred. If
Customer requests that a third party vendor participate in any move, add or change (and such request is
approved by CenturyTel), any third-party vendor charges that Customer incurs will be in addition to the charges
set forth in the Services Addendum, and CenturyTel will have no liability for such charges.CUSTOMER
AGREES TO PAY THE TOTAL AMOUNT OF EACH INVOICE, SO THAT CENTURYTEL RECEIVES SUCH
PAYMENT WITHIN THIRTY (30) DAYS OF THE INVOICE DATE.
4.2 All payments must be in U.S. dollars. If Customer does not pay all charges when due under this
Agreement or if any amount due under this Agreement is received by CenturyTel in funds not immediately
available to CenturyTel on or before the payment due date, a late payment fee will be assessed on the unpaid
amounts until paid at the lesser of (a) one and one-half percent (1 '/: %) per month on the unpaid amounts, or
(b) the maximum rate allowed by law. Customer is also responsible for all other costs and legal fees incurred in
collecting all unpaid amounts, unless otherwise ordered by the court in any action to collect those unpaid
amounts. CenturyTel reserves the right to assess a fee for any check returned for insufficient funds, which fee
shall be equal to the lesser of (a) $30.00 or (b) the maximum rate allowed by law.
4.3 To dispute the amount or accuracy of any invoice, Customer must notify CenturyTel in writing no
later than the due date of the invoice detailing the disputed charges. CenturyTel will not issue credits for any
charges that are not disputed in writing by the due date of the first invoice containing the disputed charges.
Notwithstanding any provision to the contrary herein contained, no payment due under this Agreement -
whether disputed or undisputed - is subject to withholding, reduction, set-off or adjustment of any nature by
Customer.
4.4 In addition to the charges for the Services, Customer is responsible for all federal, state and local
sales, use and excise taxes and any new or increased fees, assessments, taxes or other charges for the
Services (including, without limitation, any federal subscriber line charge, pre-subscribed inter-exchange carrier
charge, local number portability charge, universal service fund charge, primary inter-exchange carrier charge,
end user common line charge, and any other applicable charges that are required or allowed by any
governmental or regulatory entity).Customer is also responsible for any charges from third parties that arise
when Customer uses Customer's phone number as a billing mechanism for third-party services (such as 900 or
other information charges).Should Customer request any third-party services, Customer agrees that
CenturyTel may release Customer's name and billing information directly to that third party so that it can bill
Customer directly for those services.
4.5 CenturyTel reserves the right to increase the applicable charges and prices for the Services to the
extent necessary to allow CenturyTel to recover its costs associated with government programs (excluding
taxes and surcharges which may be immediately passed on); provided, however, such price increases will be
effective no sooner than seven (7) days after CenturyTel provides written notice to Customer. Such written
notice may be provided in a bill insert, as a message printed in or on the CenturyTel invoice, in a separate
mailing, by email, or by any other reasonable method, at CenturyTel's discretion.Promotional pricing and
terms, or other pricing commitments contained in this Agreement will expire in accordance with the terms
applicable to each promotion or commitment, without further notice to Customer. Upon the expiration of any
such promotion or commitment, prices may be revised in accordance with CenturyTel's then-current standard
pricing.
5.Additional Customer Responsibilities .In addition to Customer's other responsibilities under this Agreement,
Customer agrees that Customer and anyone using the Services will: (i) upon request, take all actions reasonably
necessary in order to install and activate the Services; (ii) provide adequate facilities to house and operate CenturyTel
equipment; (iii) not resell the Services to any third party; (iv) comply with all federal, state, and local laws, rules,
regulations and tariffs that apply to the Services or this Agreement; (v) be solely responsible to establish and maintain
security measures (including, without limitation, codes, passwords or other features) necessary to restrict access to
Customer's computers, services or other equipment through the Services; (vi) be solely responsible for all fraudulent,
unauthorized, illegal or improper use of the Services by persons accessing those Services through Customer's facilities,
equipment or Service Address; (vii) authorize and identify to CenturyTel in writing at least one individual who is authorized
to represent Customer on any aspect of the Services and Customer's account (including, all requests for moves,
additions, deletions or changes to the Services); and (viii) notify CenturyTel immediately of any loss of service or other
problems with any of the Services.
6.Term and Termination.
6.1 This Agreement is effective upon signing by both parties and will continue in effect for the Service
Period specified in the Services Addendum attached hereto ("Initial Term "),unless earlier terminated in
accordance with the provisions of this Section 6.At the end of the Initial Term, this Agreement will renew
automatically for additional periods of one year (each,a "Renewal Term ") until either party gives written notice
ETUTEL personal touch - advanced communications
to terminate this Agreement not less than thirty (30 )days before the end of the Initial Term or any Renewal
Term .The Initial Term and any Renewal Term(s) may be referred to collectively as the "Term."
6.2 This Agreement may be terminated by either party (i) if the other party defaults on any material
obligation or breaches any material representation ,warranty or covenant in this Agreement (regardless of
whether breach or default of such obligation, representation ,warranty or covenant is designated as giving rise
to a termination right), and such default or breach ,if curable ,is not cured within thirty (30) days of receipt of
written notice from the non-defaulting party; (ii) ten (10) days after providing written notice if the other party
becomes insolvent ,or voluntary or involuntary bankruptcy, insolvency or similar proceedings are instituted
against the other party ; (iii)without liability, if CenturyTel is prohibited by applicable law, regulation or order of a
court of competent jurisdiction or regulatory agency from furnishing the Services; and/or (iv) upon thirty (30)
days written notice subject to termination liabilities as described in Section 6 .5 below.
6.3 CenturyTel,at its option and in its sole discretion ,may terminate this Agreement:
6.3.1 with written notice to Customer if Customer is in arrears in the payment of any amount,
disputed or undisputed ,which is due hereunder for more than forty-five (45)days after the invoice
date or less than forty-five (45 )days after the invoice date when ,in the judgment of CenturyTel,
Customer lacks the financial ability to perform under this Agreement ;and/or
6.3.2 immediately,and without further notice to Customer , if CenturyTel reasonably determines
that Customer is misusing or abusing the CenturyTel's Services or equipment ,or is using such
Services or equipment for an unlawful purpose;
6.4.Notwithstanding the foregoing and/or any provision to the contrary herein contained ,Customer shall
pay the applicable charges for Services furnished up to the effective date of such termination in the event of the
termination of this Agreement for any reason.
6.5.If CenturyTel terminates this Agreement for cause (i.e., pursuant to Sections 6 .2(i) or 6.3 above) or
Customer terminates this Agreement without cause (i.e., for any reason other than pursuant to Sections 6.2(i),
(ii)or (iii) above ),Customer shall pay early termination charges .If termination is prior to the Customer
Acceptance Date but after execution of the Agreement ,early termination charges shall be those reasonable
expenses incurred by CenturyTel through the date of termination .If termination is after the Customer
Acceptance Date, Customer will pay an early termination charge equivalent to the Monthly Recurring Charges
stated in this Agreement multiplied by the number of months remaining in the then-current Term. CenturyTel
also reserves the right to include ,in the termination charge amount, the total dollar value of any promotion or
waiver granted to Customer. Should Customer terminate in excess of 50% of the Services in this Agreement,
CenturyTel will assess an early termination charge equivalent to the Monthly Recurring Charges for 50% of the
terminated Service (s)multiplied by the number of months remaining in the then -current Term.Customer
acknowledges and agrees that CenturyTel's damages would be difficult to ascertain in the event of early
termination ,and that the foregoing early termination charges constitute liquidated damages as opposed to a
penalty.
7.Warranties ;Disclaimer of Warranties .CenturyTel represents and warrants that its equipment ,as well as the
equipment for which CenturyTel contracts with other providers, is engineered and installed ,and that CenturyTel's
operations procedures are designed and implemented ,to provide communications services in accordance with prevailing
industry standards for similar services ,and that CenturyTel will undertake commercially reasonable efforts to provide the
Services hereunder in conformance with such standards .EXCEPT AS IS OTHERWISE EXPRESSLY PROVIDED IN
THIS SECTION 7, CENTURYTEL IS PROVIDING THE SERVICES, EQUIPMENT AND SERVICES RELATED
PRODUCTS TO CUSTOMER ON AN "AS IS" BASIS WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED.
CENTURYTEL DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY FROM USAGE OF TRADE, COURSE OF
DEALING, OR COURSE OF PERFORMANCE, AMONG OTHERS. CUSTOMER IS SOLELY RESPONSIBLE TO
SELECT, USE AND DETERMINE THE SUITABILITY OF SERVICES, AND CENTURYTEL WILL HAVE NO LIABILITY
FOR THAT SELECTION, USE OR SUITABILITY. CENTURYTEL DOES NOT WARRANT THAT THE SERVICES WILL
BE UNINTERRUPTED OR ERROR-FREE. CENTURYTEL DOES NOT REPRESENT THAT THE SERVICES WILL
MEET CUSTOMER'S REQUIREMENTS OR PREVENT UNAUTHORIZED ACCESS TO CUSTOMER'S COMPUTERS,
NETWORK, SERVERS AND OTHER EQUIPMENT OR TO ANY DATA, INFORMATION OR FILES ON ANY OF THEM.
8.Limitation of Liability.
8.1 IN NO EVENT SHALL CENTURYTEL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF REVENUE, LOSS OF PROFITS, OR LOSS OF CLIENTS OR GOODWILL), ARISING IN ANY MANNER
FROM THIS AGREEMENT AND/OR THE PERFORMANCE OR NONPERFORMANCE HEREUNDER,
REGARDLESS OF THE CAUSE OF ACTION AND REGARDLESS OF WHETHER CENTURYTEL HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2 IN NO EVENT SHALL CENTURYTEL BE LIABLE FOR ANY DIRECTORY LISTING ERROR. For
purposes of this Section 8.2, "Directory Listing Error "shall mean any (i) premature or incorrect publication,
listing or advertisement of any portion of a directory listing (including ,without limitation, telephone number,
ETUTEL personal touch - advanced communications
name, address ,slogan and logo); and (ii)omission of,or failure to list or publish ,any portion of a directory
listing.
8.3 IN ANY EVENT, AND WITHOUT LIMITING THE FOREGOING, THE AMOUNT OF CENTURYTEL'S
LIABILITY, IF ANY, FOR DAMAGES ARISING OUT OF ERRORS ,OMISSIONS ,INTERRUPTIONS OR
DEFECTS IN THE SERVICES OR EQUIPMENT HEREIN DESCRIBED SHALL IN NO EVENT EXCEED AN
AMOUNT EQUIVALENT TO THE PROPORTIONATE CHARGE TO CUSTOMER FOR THE AFFECTED
SERVICES OR EQUIPMENT FOR THE PERIOD DURING WHICH THE ERROR,OMISSION,
INTERRUPTION OR DEFECT OCCURRED.
9. Indemnification.
9.1 Customer shall indemnify, defend, and hold harmless CenturyTel, its parent, subsidiaries and
affiliates, and the foregoing entities' respective officers, directors, employees, heirs, successors and assigns
(collectively,the "Indemnified Party") from and against all claims, actions, liabilities, losses, damages, costs,
and expenses to the extent caused by or arising out of (i) Customer's violation or infringement of the intellectual
property rights (including, without limitation, patents, copyrights, trademarks, and trade secrets) of any third
party; (ii) Customer's breach or violation of any applicable law or regulation in connection with the performance
or non-performance of its obligations under this Agreement; and/or (iii) the negligence, gross negligence, or
willful or intentional misconduct of Customer (including, without limitation, its employees, subcontractors,
agents ,and representatives) in the performance or non-performance of its obligations under this Agreement
(each of the foregoing in subsections (i) through (iii),a "Claim "and collectively, "Claims").
9.2 CenturyTel shall indemnify ,defend ,and hold harmless Customer and its respective officers,employees,
successors and assigns (collectively "the Indemnified Party")from and against all claims, actions ,liabilities ,losses,
damages ,costs ,and expenses to the extent caused by or arising out of (i)CenturyTel 's violation or infringement of
the intellectual property rights (including ,without limitation ,patents ,copyrights ,trademarks, and trade secrets) of any
third party; (ii) CenturyTel's breach or violation of any applicable law or regulation in connection with performance or
non-performance of its obligations under this Agreement ;and/or (iii)the negligence ,gross negligence, or willful or
intentional misconduct of CenturyTel (including without limitation ,it employees ,subcontractors ,agents and
representatives )in the performance or non -performance of its obligations under this Agreement (each of the
foregoing in subsections (i) through (iii)a "Claim "and collectively "Claims".
9.3 The applicable Indemnified Party will give prompt written notice of any Claim or Claims to the other party
(but in no event before the rights of the other party are materially prejudiced), will reasonably cooperate with the
other party in the defense of such Claim at the other party's expense ,and will tender the defense and settlement of
such Claim to the other party ;provided ,however,that the other party will not enter into any settlement that imposes
any non -indemnified costs upon the applicable Indemnified Party or that otherwise affects the applicable Indemnified
Party's rights without obtaining the applicable Indemnified Party's prior written consent ,which consent shall not be
unreasonably conditioned ,delayed or withheld .The applicable Indemnified Party may participate in the defense with
counsel of its choice at its own expense.
10.Force Majeure .In the event performance of this Agreement, or any obligation hereunder (excluding payment
obligations ) is either directly or indirectly prevented ,restricted ,or interfered with by reason of fire,explosion ,flood,
earthquake or like acts of God; war, revolution, civil commotion, act of public enemy, embargo ,or act of the government in
its sovereign capacity;labor difficulties ,including without limitation ,strikes ,slowdowns ,picketing ,or boycotts,
unavailability of equipment from vendor; or any other circumstances beyond the reasonable control and without the fault
or negligence of the party affected , the party affected,upon giving prompt written notice to the other party,shall be
excused from such performance on a day-to-day basis to the extent of such prevention,restriction, or interference (and
the other party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay,
restriction or interference has ceased );provided,however, that the party so affected shall use diligent efforts to avoid or
remove such causes of nonperformance ,and both parties shall proceed whenever such causes are removed or cease.
11.Confidentiality.
11.1 Customer may receive or have access to information owned ,controlled or disclosed by CenturyTel
including ,but not limited to ,technical ,financial ,marketing ,staffing ,business plans and information ,strategic
information ,proposals ,requests for proposals ,specifications ,drawings ,prices ,costs ,procedures, processes,
business systems ,software programs, techniques ,the material terms of this Agreement ,trade secrets or other
information relating to or disclosed in the course of the negotiation or performance of this Agreement ,end user
and/or customer information (including,without limitation ,name, address ,telephone number,account,
transaction and billing information ),and like information (collectively "Confidential Information"); provided,
however,such information is (a) marked as being "proprietary"or "confidential "or the like, (b) orally disclosed,
and is identified as confidential by CenturyTel at the time of oral disclosure ,or (c) information that Customer
knows or reasonably should know is confidential given the nature of the information and/or the circumstances
surrounding its disclosure. Unless such Confidential Information (v) was previously known to Customer free of
any obligation to keep it confidential , (w) has been or is subsequently made public by CenturyTel or a third
party,without violating a confidentiality obligation ,(x) is approved for release by written authorization of
CenturyTel; (y) can be shown to have been developed independently by Customer without use of CenturyTel's
Confidential Information ;or (z) is required to be disclosed by applicable law, regulation, or order of a court or
ETUTEL personal touch - advanced communications
governmental agency of competent jurisdiction (provided, however ,Customer shall give CenturyTel prompt
written notice of such requirement prior to such disclosure and shall reasonably cooperate with CenturyTel's
efforts in obtaining an order protecting the information from public disclosure ),it shall be kept confidential by
Customer,shall be used only in performing under this Agreement ,shall be disclosed solely to its employees,
officers ,contractors and agents with a need to know such Confidential Information for purposes of this
Agreement and who are bound by a non-disclosure agreement containing confidentiality provisions no less
restrictive than those herein contained ,and may not be used for other purposes, except as may be agreed upon
between both Parties in writing.
11.2 Subject to Customer 's obligations under the Minnesota Government Data Practices Act, Minn .Stat. §
13.01,at seq .,Customer is not granted any rights or license to CenturyTel's Confidential Information .Customer
shall use the same degree of care to prevent its disclosure to others as it uses with respect to its own
proprietary or Confidential Information but no less than reasonable care.
11.3 Subject to Customer 's obligations under the Minnesota Government Data Practices Act, Minn .Stat. §
13.01,at seq .,all copies of such Confidential Information ,in written ,graphic or other tangible form ,shall be
returned to CenturyTel upon the earlier of:(i)Customer 's receipt of CenturyTel's written request ;or (ii) upon
termination ,cancellation, or expiration of this Agreement .All copies of such Confidential Information in
intangible form ,such as electronic records, including electronic mail, shall be destroyed upon the earlier of: (i)
Customer 's receipt of CenturyTel's written request ;or (ii) upon termination ,cancellation, or expiration of this
Agreement and Customer shall certify to CenturyTel the destruction of all intangible copies of such Confidential
Information.
11.4 Information received or obtained by CenturyTel in connection with, and during the term of this
Agreement that is (a )designated as "Confidential "by Customer ;(b) orally disclosed ,and is identified by
Customer as confidential at the time of oral disclosure ;or (c)information that CenturyTel knows or reasonably
should know is confidential given the nature of the information and/or the circumstances surrounding its
disclosure shall be considered "Customer Confidential Information ".Unless such Customer Confidential
Information (v) was previously known to CenturyTel free of any obligation to keep it confidential;, (w) has been
or is subsequently made public by Customer or a third party, without violating a confidentiality obligation; (x) is
approved for release by written authorization of Customer ;(y) can be shown to have been developed
independently by CenturyTel without use of Customer 's Confidential Information ,or (z) is required to be
disclosed by applicable law ,regulation or order of a court or governmental agency of competent jurisdiction
(provided ,however,CenturyTel shall give Customer prompt written notice of such requirement prior to such
disclosure an shall reasonably cooperate with Customer's efforts in obtaining an order protecting the
information from public disclosure ),it shall be kept confidential by CenturyTel,shall be used only in performing
this Agreement ,shall be disclosed solely to its employees ,officer, contractors and agents with a need to know
such Customer Confidential Information for purposes of this Agreement ,and may not be used for other
purposes ,except as may be agreed upon by both parties in writing.
11.5 The parties acknowledge and agree that money damages would not be an adequate remedy for any
breach or threatened breach of this Agreement as it relates to either party's Confidential Information and that either
party shall be entitled to seek injunctive relief or any other equitable relief to remedy or prevent any breach or
threatened breach of this Agreement .Such remedy shall not be the exclusive remedy for any breach or threatened
breach of this Agreement ,but shall be in addition to all other rights and remedies available to either party in law or
equity.
12.Publicity .Neither party will use the other's name, logo, product names or trade or service marks, or refer to the
other directly or indirectly in any advertising, sales presentation, news release, publication or for any other purpose
without the other's prior written approval. Nothing herein is intended to imply that either party will consent to the issuance
of such media releases ,public announcements or public statements. Rather, either party may withhold such consent at
its option and in its sole discretion.
13.Miscellaneous.
13.1 This Agreement may only be amended by a written document signed by an authorized representative
of Customer and an authorized representative of CenturyTel.This Agreement contains the parties' entire
agreement and supersedes any prior agreements or understandings ,whether written or oral.
13.2 Without the prior written consent of the other party (which will not be unreasonably withheld or
delayed ),no party may assign ,delegate or subcontract this Agreement ,or any of the party's rights or
obligations hereunder.
13.3 Any party to this Agreement will be considered to have given up or waived its rights to require strict
performance and compliance by the other party only when it has signed a written agreement or
acknowledgement that waives that strict performance and compliance in any instance .Any written waiver in
any one instance will not apply to any other or later non-performance or non-compliance by the other party.
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13.4 IT IS IMPORTANT THAT YOU READ THIS SECTION CAREFULLY .IT PROVIDES FOR
RESOLUTION OF DISPUTES (WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD,
MISREPRESENTATION OR ANY OTHER LEGAL OR EQUITABLE THEORY), THROUGH FINAL AND
BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A
JUDGE OR JURY OR THROUGH A CLASS ACTION. ALL OTHER DISPUTES ARISING OUT OF THIS
AGREEMENT (OTHER THAN ACTIONS FOR THE COLLECTION OF DEBTS CUSTOMER OWES
CENTURYTEL), INCLUDING ANY DISPUTE BASED ON ANY SERVICE OR ADVERTISING OF THE
SERVICE RELATED THERETO, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH
SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. §1-16. ANY QUESTION
REGARDING WHETHER A PARTICULAR CONTROVERSY IS SUBJECT TO ARBITRATION, OR THE
PROCEDURES INVOLVED THEREIN, SHALL BE DECIDED BY THE ARBITRATOR. CUSTOMER HAS THE
RIGHT TO BE REPRESENTED BY COUNSEL IN THE ARBITRATION. THE ARBITRATOR SHALL BE
BOUIND BY AND STRICTLY ENFORCE THE TERMS OF THIS AGREEMENT AND MAY NOT LIMIT,
EXPAND OR OTHERWISE MODIFY THE TERMS OF THIS AGREEMENT IN CONDUCTING THE
ARBITRATION AND MAKING ANY AWARD. THE ARBITRATION WILL BE BASED SOLELY ON THE
WRITTEN SUBMISSIONS OF THE PARTIES AND THE DOCUMENTS SUBMITTED RELATING TO THE
DISPUTE, UNLESS EITHER PARTY REQUESTS THAT THE ARBITRATION BE CONDUCTED USING THE
AMERICAN ARBITRATION ASSOCIATION'S ("AAA") TELEPHONIC, ON-LINE, OR INPERSON
PROCEDURES, FOR WHICH ADDITIONAL CHARGES MAY APPLY. ANY IN-PERSON ARBITRATION
UNDER THE AAA's COMMERCIAL RULES WILL BE CONDUCTED IN HENNEPIN COUNTY, MINNESOTA.
ARBITRATIONS UNDER THIS AGREEMENT SHALL BE KEPT CONFIDENTIAL TO THE EXTENT
PERMITTED BY LAW. THE ARBITRATION OF ANY DISPUTE UNDER THIS AGREEMENT SHALL BE
CONDUCTED IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES AND FEE SCHEDULE
OF THE AAA AS MODIFIED BY THIS AGREEMENT. THE APPLICABLE AAA RULES SHALL BE THOSE
COMMERCIAL ARBITRATION RULES WHICH GOVERN THE AMOUNT AND TYPE OF DISPUTE INVOLVED
AND WHICH ARE IN EFFECT ON THE DATE A DISPUTE IS SUBMITTED TO THE AAA. DISPUTES UNDER
THIS AGREEMENT MAY NOT BE JOINED WITH ANOTHER PROCEEDING, INCLUDING ANY INDIVIDUAL
OR CLASS LAWSUIT. THE ARBITRATOR MAY NOT AWARD, AND CUSTOMER AND CENTURYTEL
WAIVE, ANY CLAIMS FOR AWARDS FOR PUNITIVE OR CONSEQUENTIAL DAMAGES OR ATTORNEYS'
FEES OR ANY DAMAGES THAT ARE BARRED BY THIS AGREEMENT. ANY CLAIM OR DISPUTE ARISING
OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN SUCH TIME PERIOD AS MAY
BE PRESCRIBED IN THIS AGREEMENT OR BY RELEVANT STATUTE. BEFORE EITHER PARTY TAKES A
DISPUTE TO ARBITRATION, SUCH PARTY MUST FIRST ATTEMPT TO RESOLVE THE DISPUTE BY
CONTACTING THE OTHER PARTY AT THE ADDRESS SET FORTH IN SECTION 13.8. IF THE PARTIES
ARE NOT ABLE TO SATISFACTORILY RESOLVE THE DISPUTE WITHIN SIXTY (60) CALENDAR DAYS
FROM THE DATE OF THE INITIAL NOTIFICATION OF THE DISPUTE, EITHER PARTY MAY CONTACT THE
AAA TO REQUEST ARBITRATION. THE AAA'S FILING FEE AND ADMINISTRATIVE EXPENSES FOR A
DOCUMENT ARBITRATION WILL BE ALLOCATED ACCORDING TO THE RULES OF THE AAA. EACH
PARTY WILL PAY ITS OWN EXPENSES TO PARTICIPATE IN THE ARBITRATION, INCLUDING
ATTORNEYS' FEES AND EXPENSES RELATED TO THE PRESENTATION OF EVIDENCE, WITNESSES,
AND DOCUMENT PRODUCTION. IF ANY PROVISION OF THIS DISPUTE RESOLUTION SECTION IS
DETERMINED TO BE UNENFORCEABLE, THEN THE REMAINDER SHALL BE GIVEN FULL FORCE AND
EFFECT.
13.5 This Agreement and its performance and all disputes between the parties of any nature whatsoever
arising out of or in connection with the subject matter hereof shall be governed by the laws of the State of
Minnesota ,exclusive of its choice of law provisions .The United Nations Convention on Contracts for the
International Sales of Goods shall not apply to this Agreement .Any dispute arising out of or relating to this
Agreement may be commenced in a state or federal court in Hennepin County,Minnesota ,and each party
irrevocably submits to the jurisdiction and venue of such courts.
13.6 You acknowledge that applicable laws, regulations ,treaties ,tariffs ,and/or orders promulgated,
enacted or entered into by international, federal ,state or local legislatures, agencies, governments or other
regulatory bodies ("Applicable Laws ")may affect the parties 'respective rights or obligations under this
Agreement .If any conflict should arise between the terms of this Agreement and any Applicable Laws, you
acknowledge and agree that the terms of the Applicable Laws shall control.
13.7 If any provision in this Agreement is held to be illegal ,invalid or unenforceable ,the provision will be
enforced to the maximum extent permissible so as to affect the intent of the parties ,and the remaining
provisions of the Agreement will remain in full force and effect.
13.8 All notices under this Agreement must be in writing and delivered by a nationally recognized overnight
courier service or by certified United States Mail (return receipt requested ).All notices to CenturyTel are to be
sent to the following address or to any other address of which CenturyTel may notify Customer pursuant to this
Section 13.8:
CenturyTel Acquisition LLC
Attn: Legal Department
100 CenturyTel Drive
Monroe ,Louisiana 71203
ETUTEL personal touch - advanced communications
If to Customer:City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 554344
Attn: Lisa Wu
With copy to:Gregerson, Rosow ,Johnson and Nilan, Ltd
650 Third Ave.So, Suite 1600
Minneapolis ,MN 55402
Attn: Kristy L.Warnen
13.9 The Section headings used herein are for reference only and will not enter into the interpretation of
this Agreement.
Customer Acceptance
BY SIGNING BELOW ,THE PERSON SIGNING ON BEHALF OF CUSTOMER REPRESENTS AND WARRANTS TO
CENTURYTEL THAT HE OR SHE HAS THE AUTHORITY TO SIGN ON BEHALF OF CUSTOMER AND BIND
CUSTOMER TO THIS AGREEMENT. CUSTOMER UNDERSTANDS AND AGREES TO BE BOUND BY THE
AGREEMENT ,INCLUDING THE FOREGOING TERMS AND CONDITIONS .CUSTOMER AUTHORIZES
CENTURYTEL TO OBTAIN BILLING INFORMATION AND CUSTOMER SERVICE REPORTS WITH RESPECT TO
CUSTOMERS TELEPHONE NUMBERS, AS WELL AS CUSTOMERS CREDIT INFORMATION. THIS AGREEMENT
IS ACCEPTED BY CENTURYTEL ON THE DATE INDICATED BELOW.
Customer Signature Customer Title (Printed)Date
By.
Phil Young
By:
City of Eden Prairie, MN Mayor
City Manager
Scott Neal
Authorized CenturyTel Representative Authorized CenturyTel Representative Name Title (Printed)Date
Signature (Printed)
ETUTEL personal touch - advanced communications
Services Addendum
By and Between
CenturyTel Acquisition LLC and City of Eden Prairie
Customer CenturyTel CenturyTel Product /Service Monthly Non-
Initials Product /Service Description Quantity Unit Price Recurring Recurring
Name Charges Charges
Anonymous Call Anonymous Call Rejection 2 $3.00 $6.00 $0.00Rejection
Business Lines include unlimited
Business Line local calling and 100 minutes of 62 $24.99 $1,549.38 $0.00
Domestic Long Distance
Call Block Call Blocking 3 $3.00 $9.00 $0.00
Call Waiting Call Waiting 5 $3.00 $15.00 $0.00
Caller ID Enhanced -
Name ,Number &Caller ID Enhanced - Name,1 $7.00 $7.00 $0.00
Call Waiting ID Number & Call Waiting ID
DID Numbers (Block
of 20)Direct Inward Dialing Extensions 3 $4.00 $12.00 $0.00
Directory Listings Directory Listings 3 $1.50 $4.50 $0.00
Enhanced Voicemail Enhanced Voiocemail 1 $10.00 $10.00 $0.00
Hunting Hunting 2 $3.00 $6.00 $0.00
PRI Standalone 23 Channel PRI Circuits for 2-2 $295.00 $590.00 $0.00Way Voice Traffic
Point to Point T-1 Dedicated Point-2-Point 2 80.34 160.68 $0.00TransportCircuits
Speed Dial ,8 Speed Dialing 3 $3.00 $9.00 $0.00Numbers
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Customer CenturyTel
Product /Service CenturyTel Product / Service Q uantity Unit Price
Monthly
Recurring
Non-
RecurringInitials
Name Description Charges Charges
Three Way Calling Three-Way Calling 1 $3.00 $3.00 $0.00
ICB Ethernet Gig-E WAN Connectivity Maintenance 4 $125.00 $500.00 $0.00
Grand
Total:$2,881.56 $0.00
This Services Addendum is subject to the terms and conditions set forth below, the Service Agreement, and
any other addenda or schedules attached hereto (collectively, the "Agreement").
•The proposed terms set forth in this Service Addendum, including pricing terms herein contained, shall be
valid for thirty (30) days from the Proposal Date. If such proposal is not accepted and the Agreement is not
executed by Customer prior to the expiration of such 30-day period, the terms and pricing herein contained
may be subject to change.
•By initialing the Services above, Customer agrees to purchase such Services under the terms of this
Agreement. CenturyTel shall have no obligation to provide, and Customer shall have no obligation to pay for,
any Services that are listed above but not initialed.
•Customer 's first bill may include prorated charges.
•Applicable federal ,state and local sales, use and excise taxes and any new or increased fees ,assessments,
taxes or other charges for the Services (including ,without limitation, any federal subscriber line charge, pre-
subscribed inter-exchange carrier charge ,local number portability charge ,universal service fund charge,
primary inter -exchange carrier charge ,end user common line charge, and any other applicable charges that
are required or allowed by any governmental or regulatory entity )are not included in the pricing terms set forth
above .Customer will be invoiced for and responsible for payment of such taxes ,fees and charges.
•Customer may incur additional fees from Customer's phone and/or LAN vendor.
•Unless otherwise stated in the Agreement or any applicable tariff ,Long Distance minutes included in
CenturyTel 's bundle packages are for incoming and outgoing long distance calls. Unlimited Long Distance
add-on to CenturyTel's 4 Line Voice and Internet Only bundle does not include incoming calls.
Service Period:36 Monthst
t The Service Period shall begin on the Customer Acceptance Date (as defined in the Service Agreement).
Service Address:City of Eden Prairie
8080 Mitchell Rd.
Eden Prairie, MN
55344
Tax ID:N/A
Phone Number:(952) 949-8300
E TU TIL personal touch - advanced communications
CenturyTel Acquisition LLC
Letter of Agency
Ed Cunningham
Eden Prairie, MN
Service Location:
City of Eden Prairie
8080 Mitchell Rd.
Eden Prairie ,MN 55344
(952) 949-8300
Billing Location:
Contact Information:
Technical
Lisa Wu
IT Manager
(952) 949-8514
lwu@edenprairie.org
Competitor:
Your signature authorizes CenturyTel Acquisition LLC ("CenturyTel") to provide Local Exchange Service to
the telephone numbers listed below and to act as your agent in matters relating to such Local Exchange
Service.
Phone Number Phone Number Phone Number Phone Number
(952) 949-8300
By signing below ,Customer acknowledges and agrees that Customer has made application for service with
CenturyTel,the information provided in this Letter of Agency is correct ,and Customer has read and
understands the Letter of Agency and agrees to be legally bound thereby.
us omer s igna tu re nn a ame i t e ate
customer S igna tu re
n ury e i epresen ive s ignature
nn a ame i e
nn a ame i e
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ADDENDUM
to
Service Agreement by and between
Century Tel Acquisition LLC and City of Eden Prairie
Dated
Municipal Contract Provisions
Unless excluded by applicable law the following provisions shall apply to this Contract:
Definitions .The following definitions apply to this Appendix.
1.1 "City means the City of Eden Prairie.
1.2 "Contracting Party means the party or parties that are contracting with the City
under the Contract.
1.3 "Contract means the contract or agreement that this Addendum is attached.
2.Data Practices Act. The Contracting Party shall at all times abide by the Minnesota
Government Data Practices Act, Minn. Stat. § 1301, et seq., to the extent that the Act is
applicable to data and documents in the hands of the Contracting Party.
3.Audits. The books, records, documents, and accounting procedures and practices of the
Contracting Party or other parties relevant to this agreement are subject to examination
by the City and either Legislative Auditor or the State Auditor for a period of six years
after the effective date of this Contract.
4.Income Tax Withholding .No final payment shall be made to the Contracting Party
until the Contracting Party has provided satisfactory evidence to the City that the
Contracting Party and each of its subcontracts has complied with the provisions of Minn.
Stat. § 290.92 relating to withholding of income taxes upon wages. A certificate by the
Commissioner of Revenue shall satisfy this requirement.
5.Worker's Compensation .Contracting Party represents and warrants that it has and will
maintain during the performance of this agreement worker's compensation insurance
coverage required pursuant to Minn. Stat. § 176.181, subd. 2 and that the certificate of
insurance or the written order of the Commissioner of Commerce permitting self
insurance of worker's compensation insurance coverage provided to the City prior to
execution of this agreement is current and in force and effect.
6.Discrimination .In performance of this contract, the Contracting Party shall not
discriminate on the grounds of or because of race, color, creed, religion, national origin,
sex,marital status, status with regards to public assistance, disability, sexual orientation,
or age against any employee of the Contracting Party, any subcontractor of the
Contracting Party, or any applicant for employment. The Contracting Party shall include
a similar provision in all contracts with subcontractors to this contract. The Contracting
Party further agrees to comply with all aspects of the Minnesota Human Rights Act,
Minn. Stat. § 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans
with Disabilities Act of 1990.
7.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.
8.Claims. To receive any payment on this Contract, the invoice or bill must include the
following signed and dated statement: "I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid.
9.Contracting Party's Prompt Payment of Subcontractors .The contracting Party shall
pay to any subcontractor within ten (10) days of the Contracting Party's receipt of
payment from the City for undisputed services provided by the subcontractor.The
Contracting Party shall pay interest of one and a half percent (1 %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 Contracting
Party shall pay the actual amount due to the subcontractor.
10.Limitation of Remedies In the event of a breach of the Contract by City, the Contracting
Party shall not be entitled to recover punitive, special or consequential damages or
damages for loss of business.
By signing this Addendum the parties acknowledge that the above provisions become
part of the Contract unless excluded by applicable law.
[Signature on following page]
2
CONTRACTING PARTY City of Eden Prairie
By By
Its Its Mayor
By
Its City Manager
P:\Home\EP\KMC\Documents\Municipal Contract Provisions Addendum.doc
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda March 3, 2009
DEPARTMENT /DIVISION :ITEM DESCRIPTION :ITEM NO.: VIII.E.
Rick Wahlen Approval of Change Orders to West 78th
Public Works/Utilities Street Water Main Replacement Project
Requested Action
Move to:Approve Change Orders No. 4 and 5, for the West 78th Street Water Main
Replacement Project to Ellingson Drainage, Inc. in the amount of $2,870 and a
deduct of $13,674.
Synopsis
The Eden Prairie City Council awarded the contract to Ellingson Drainage on July 15, 2008 to
replace the leaky West 78th Street water main.Upon initiating construction, changes in the
required route of the piping to connect to the existing water main resulted in the need to excavate
a much larger area, resulting in greater surface restoration costs.However, the change also
resulted in a decrease in the contract sum by reducing the length of the pipe emplaced.
Background Information
The Final change orders to close out the West 78th Street water main project are attached for
approval.Change Order No. 4 adds $2,870 for additional surface restoration expenses which
exceeded the engineer's original project estimate.Due to steep slopes, the need to avoid other
underground utilities, and a very deep excavation, a much larger area was disturbed by the
excavation, resulting in substantially more surface restoration being required. Change Order No.
5 is a deduct of $13,674 resulting from a change in the route of the pipe that decreased the
amount of material required for the job.
The project expenses are being paid from the Utility Construction Fund.
Attachment
•Change Order No. 4
•Change Order No. 5
CHANGE ORDER
TKDA
Engineers -Architects-Planners
MN October 14.2008Saint Paul 20 08 Proj. No.14089.005 Change Order No.4,
To Ellingson Drainage Inc.
for 2008 Watermain Lining
for City of Eden Prairie Minnesota
You are hereby directed to make the following change to your contract dated
July 1 ,20 08 . The change and the work affected thereby is subject to all contract stipulations and
covenants. This Change Order will (increase) (decrease) (notclange) the contract sum by
Two Thousand Eight Hundred Seventy Dollars and 00/100 ................................................ ($2,870.00 ).
This change order provides for changes in the work of this contract according to the attached itemization.
NET CHANGE =2,870.00
Amount of Original Contract 110,045.04
Additions approved to date (Change Order No.'s 1, No. 2, and No. 3 )$10,744.60
Deductions approved to date (Nos.)
Contract amount to date 120,789.64
Amount of this Change Order (Add) (Deduet) (No Eha{rge)$2,870.00
Revised Contract Amount 123,659.64
Approved TKDA
MAYOR City of Eden Prairie
BY By
I TY MANAGER Bernie R. Bullert, P.E.
White - Owner
Pink - Contractor
Blue - TKDA
CHANGE ORDER NO.4 PERIOD ENDING:October 14, 2008
2008 WATERMAIN LINING
CIT OF EDEN PRIARIE, MINNESOTA
TKDA PROJECT NO. 14089.005
ITEM ONTRACT QUANTITY NIT MOUNT
NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE
CHANGE ORDER NO.4
I SIDE SLOPE RESTORATION LS 1.0 1.0 $2,375.00 $2,375.00
2 SILT FENCE LS 1.0 1.0 $495.00 $495.00
TOTAL $2 ,870.00
TOTAL CHANGE ORDER NO.4 $2,870.00
CHANGE ORDER
TKDA
Engineers -Architects -Planners
Saint Paul ,MN October 14 20 08
To Ellingson Drainage, Inc.
for 2008 Watermain Lining
for City of Eden Prairie ,Minnesota
You are hereby d irected to make
Compensating
Proj. No.14089.005 Change Order No.
the following change to your contract dated
July 1 , 20 08 . The change and the work affected thereby is subject to all contract stipulations and
covenants. This Change Order will (increase ) (decrease ) (net_ge) the contract sum by
Thirteen Thousand Six Hundred Seventy-Four Dollars and 00/100..:.:..($13,674.00 ).
COMPENSATING CHANGE ORDER
This change order shows the actual quantities installed at the unit price bid amounts (see attached itemization):
NET CHANGE =(13,674.00)
Amount of Original Contract 110,045.04
Additions approved to date (Nos.$10,744.60
Deductions approved to date (Nos.
Contract amount to date $120,789.64
Amount of this Change Order (Add) (Deduct (awe)$(13,674.00)
Revised Contract Amount $107,115.64
Approved City of-Minnesota
Owner
By MAYOR
By
CITY MANAGER
Approved Ellingson Companies
TKDA
Bernie R. Bullert, P.E.
White - Owner
Contractor Pink
-
Contractor
Blue - TKDA
COMPENSATING CHANGE ORDER NO.4 PERIOD ENDING:October 14, 2008
2008 WATERMAIN LINING
CIT OF EDEN PRIARIE, MINNESOTA
TKDAPROJECT NO. 14089.005
ITEM
NO. DESCRIPTION NIT
ONTRACT QUANTITY
QUANTITY TO DATE
NIT AMOUNT
PRICE TO DATE
ET
CHANGE
ONTRACT
AMOUNT
1
ALTERNATE BID NO .1 - WATERMAIN IMPROVEMENTS
MOBILIZATION LS 1.0 1.0 $6,808.00 $6,808 .00 $-$6,808.00
2 TRAFFIC CONTROL LS 1.0 1.0 $4,000.00 $4,000.00 $$4,000.00
3 DIRECTIONAL DRILL WATERMAIN LF 1,048.0 950.0 $63.00 $59,850 .00 $(6,174 .00)$66 ,024.00
4 F & 16" GATE VALVE AND BOX EA 1.0 1.0 $800.00 $800.00 $-$800.00
5 F & I DUCTILE IRON FITTINGS LBS 973.0 973.0 $2.48 $2,413.04 $-$2,413.04
6 REMOVE, EXCAVATE, RESTORE ACCESS PIT EA 4.0 3.0 $7,500.00 $22,500.00 $(7,500.00)$30,000.00
TOTAL $96,371.04 $(13,674.00)$110,045.04
CHANGE ORDER NO. 1
1 15' DEPTH OF EXCAVATION 7' OUTSIDE OF PLANS LS 1.0 1.0 $7,073.40 $7,073.40 $$7,073.40
TOTAL $7,073.40 $-$7,073.40
CHANGE ORDER NO.2
1 HYDRANT 12 x 6 TEE, 6" AND 12" VALVES LS 1.0 1.0 $887.20 $887.20 $-$887.20
TOTAL $887.20 $-$887.20
CHANGE ORDER NO.3
1 12" POLY (less drilling /cost of material)LF 100.0 100.0 $27.84 $2,784.00 $-$2,784.00
TOTAL $2,784.00 $$2,784.00
CHANGE ORDER NO.4
1 SIDE SLOPE RESTORATION LS 1.0 1.0 $2,375.00 $2,375.00 $-$2,375.00
2 SILT FENCE LS 1.0 1.0 $495.00 $495.00 $-$495.00
TOTAL $2,870 .00 $-$2,870.00
TOTAL'COMPENSATING CHANGE ORDER NO.4 $109 ,985.64 $(13,674 .00)$123 ,659.64
CITY COUNCIL AGENDA DATE:
SECTION:Consent Calendar March 3, 2009
DEPARTMENT/DIVISION:ITEM DESCRIPTION: I.C. 09-5751 ITEM NO.: VIII.F.
Randy Newton Approve Professional Services
Public Works / Engineering Agreement with WSB & Associates for
the TH 212 / Valley View Road
Interchange Study
Requested Action
Move to:Approve Professional Services Agreement with WSB &Associates for the TH
212 / Valley View Road Interchange Study.
Synopsis
The purpose of the TH 212 / Valley View Road Interchange Study is to evaluate interchange
improvements and determine the most cost-effective approach to improve traffic operations in
the interchange area and to accommodate a future LRT alignment through the area.The
Hennepin County Regional Railroad Authority (HCRRA) has agreed to fund fifty percent of the
study cost per the Cost Sharing Agreement which is included as a separate item on the City
Council Agenda.
Background Information
Currently there is heavy congestion through the TH 212 / Valley View interchange area at
various times of the day. The Major Center Area study identified several improvements in the
area to improve traffic operations. The improvements include intersection improvements to the
Prairie Center Drive / Valley View Road intersection and a major interchange improvement that
includes the realignment of the southbound TH 212 off-ramp.The widening of Valley View
Road to the east of the interchange area is also included in the City's Transportation Capital
Improvement Plan. In addition ,the HCRRA is currently preparing a Draft Environmental
Impact Statement (DEIS) for LRT in the Southwest Corridor.The City's preferred LRT
alignment crosses through the TH 212 / Valley View Road interchange and grade-separation of
the LRT may be necessary to maintain acceptable traffic operations.
City staff would like to proceed with improvements to the Prairie Center Drive / Valley View
Road intersection and has been in discussion with the Minnesota Department of Employment
and Economic Development (DEED) for a potential funding grant. However, prior to moving
forward with any infrastructure improvement it is important to understand how any potential
improvements fit it in with longer term improvements in the area. As a result the purpose of the
study is to evaluate interchange improvements and determine the most cost-effective long-term
approach to improve traffic operations in the interchange area while also accommodating a
future LRT alignment. The study will also determine any interim improvements that may be
beneficial to the interchange area and, if appropriate, develop a concept plan and cost estimate
for the Prairie Center Drive /Valley View Road intersection improvements.
Financial Implications
The Professional Services Agreement for the TH 212 / Valley View Road Interchange Concept
Study has an estimated cost of $30,000. The HCRRA per the Cost Sharing Agreement will fund
fifty percent ($15,000) of the study cost. The city portion of the study cost ($15,000) will be
funded by the Economic Development Fund.
Attachments
•Professional Services Agreement
•WSB & Associates Proposal Letter
Rev. 10-28-2008
Standard Agreement for Professional Services
This Agreement is made on the 3rd day of March , 2009, between the City of Eden Prairie,
Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN
55344, and WSB & Associates, Inc., a Minnesota corporation (hereinafter
"Consultant") whose business address is 701 Xenia Avenue South, Suite 300, Minneapolis, MN
55416.
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 the
TH 212/Valley View Road Interchange Study, hereinafter referred to as the "Work".
The City and Consultant agree as follows:
1.Scope of Work/Proposal.The Consultant agrees to provide the professional services shown
in Exhibit "A" in connection with the Work. The terms of this standard agreement shall take
precedence over any provisions of the Consultants proposal and/or general conditions.
2.Term.The term of this Agreement shall be from March 3, 2009 through August 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 $30,000 for the services as described in attached
proposal letter dated January 23, 2009.
A.Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an authorized
representative of the City or by the City Council.The City will not pay additional
compensation for services that do not have prior written authorization.
B.Special Consultants may be utilized by the Consultant when required by the complex or
specialized nature of the Project and when authorized in writing by the City.
C.If Consultant is delayed in performance due to any cause beyond its reasonable control,
including but not limited to strikes ,riots, fires ,acts of God, governmental actions,
actions of a third party ,or actions or inactions of City, the time for performance shall be
extended by a period of time lost by reason of the delay .Consultant will be entitled to
payment for its reasonable additional charges ,if any, due to the delay.
1
Rev. 10-28-2008
4.City Information .The City agrees to provide the Consultant with the complete information
concerning the Scope of the Work and to perform the following services:
A.Access to the Area. Depending on the nature of the Work, Consultant may from time to
time require access to public and private lands or property. As may be necessary, the
City shall obtain access to and make all provisions for the Consultant to enter upon
public and private lands or property as required for the Consultant to perform such
services necessary to complete the Work.
B.Consideration of the Consultant's Work. The City shall give thorough consideration to
all reports ,sketches ,estimates, drawings ,and other documents presented by the
Consultant ,and shall inform the Consultant of all decisions required of City within a
reasonable time so as not to delay the work of the Consultant.
C.Standards. The City shall furnish the Consultant with a copy of any standard or criteria,
including but not limited to, design and construction standards that may be required in
the preparation of the Work for the Project.
D.Owner 's Representative .A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement .He or she shall have
complete authority to transmit instructions ,receive information ,interpret ,and define the
City's policy and decisions with respect to the services provided or materials, equipment,
elements and systems pertinent to the work covered by this Agreement.
5.Method of Payment.The Consultant shall submit to the City ,on a monthly basis ,an itemized
invoice for professional services performed under this Agreement. Invoices submitted shall be
paid in the same manner as other claims made to the City for:
A.Progress Payment .For work reimbursed on an hourly basis ,the Consultant shall
indicate for each employee ,his or her name ,job title, the number of hours worked, rate
of pay for each employee ,a computation of amounts due for each employee ,and the
total amount due for each project task .Consultant shall verify all statements submitted
for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For
reimbursable expenses ,if provided for in Exhibit A, the Consultant shall provide an
itemized listing and such documentation as reasonably required by the City.Each
invoice shall contain the City's project number and a progress summary showing the
original (or amended )amount of the contract ,current billing, past payments and
unexpended balance of the contract.
B.Suspended Work .If any work performed by the Consultant is suspended in whole or in
part by the City,the Consultant shall be paid for any services performed prior to receipt
of written notice from the City of such suspension ,all as shown on Exhibit A.
C.Payments for Special Consultants .The Consultant shall be reimbursed for the work of
special consultants ,as described in Section 3B ,and for other items when authorized in
writing by the City.
D.Claims. To receive any payment on this Agreement, the invoice or bill must include the
following signed and dated statement: "I declare under penalty of perjury that this
account ,claim, or demand is just and correct and that no part of it has been paid."
2
Rev. 10-28-2008
6.Project Manager and Staffing.The Consultant has designated Anthony Heppelmann, Ross
Jentink, and Derek Schmidt to serve on the Project. They shall be assisted by other staff
members as necessary to facilitate the completion of the Work in accordance with the terms
established herein.Consultant may not remove or replace these designated staff from the
Project without the approval of the City.
7.Standard of Care .All Work performed pursuant to this Agreement shall be in accordance with
the standard of care in Hennepin County ,Minnesota for professional services of the like kind.
8.Audit Disclosure.Any reports, information, data, etc. given to, or prepared or assembled by
the Consultant under this Agreement which the City requests to be kept confidential, shall not
be made available to any individual or organization without the City's prior written approval. The
books, records, documents and accounting procedures and practices of the Consultant or other
parties relevant to this Agreement are subject to examination by the City and either the
Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of
this Contract.The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the
Minnesota Government Data Practices Act, to the extent the Act is applicable to data and
documents in the possession of the Consultant.
9.Termination .This Agreement may be terminated by either party by seven (7) days written
notice delivered to the other party at the address written above. Upon termination under this
provision, if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the City
terminates the Agreement because the Consultant has failed to perform in accordance with this
Agreement, no further payment shall be made to the Consultant, and the City may retain
another consultant to undertake or complete the work identified in Paragraph 1.
10.Subcontractor. The Consultant shall not enter into subcontracts for services provided under
this Agreement except as noted in the Scope of Work, without the express written consent of
the City.The Consultant shall pay any subcontractor involved in the performance of this
Agreement within the ten (10) days of the Consultant's receipt of payment by the City for
undisputed services provided by the subcontractor. If the Consultant fails within that time to
pay the subcontractor any undisputed amount for which the Consultant has received payment
by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the
rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty
payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than
$100, the Consultant shall pay the actual interest penalty due to the subcontractor.A
subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall
be awarded its costs and disbursements, including attorney's fees, incurred in bringing the
action.
11.Independent Consultant.At all times and for all purposes herein, the Consultant is an
independent contractor and not an employee of the City .No statement herein shall be
construed so as to find the Consultant an employee of the City.
12.Non-Discrimination .During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, disability,
sexual orientation or age.The Consultant shall post in places available to employees and
applicants for employment, notices setting forth the provision of this non-discrimination clause
and stating that all qualified applicants will receive consideration for employment.The
3
Rev. 10-28-2008
Consultant shall incorporate the foregoing requirements of this paragraph in all of its
subcontracts for program work ,and will require all of its subcontractors for such work to
incorporate such requirements in all subcontracts for program work .The Consultant further
agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes
363.01 ,et. seq .,Title VI of the Civil Rights Act of 1964 ,and the Americans with Disabilities Act
of 1990.
13.Assignment.Neither party shall assign this Agreement, nor any interest arising herein, without
the written consent of the other party.
14.Services Not Provided For.No claim for services furnished by the Consultant not specifically
provided for herein shall be honored by the City.
15.Severability.The provisions of this Agreement are severable. If any portion hereof is, for any
reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not
affect the remaining provisions of this Agreement.
16.Entire Agreement.The entire agreement of the parties is contained herein. This Agreement
supersedes all oral agreements and negotiations between the parties relating to the subject
matter hereof as well as any previous agreements presently in effect between the parties
relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Agreement shall be valid only when expressed in writing and duly signed by
the parties, unless otherwise provided herein.
17.Compliance with Laws and Regulations .In providing services hereunder, the Consultant
shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of
services to be provided. The Consultant and City, together with their respective agents and
employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota
Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13.
Any violation of statutes, ordinances, rules and regulations pertaining to the services to be
provided shall constitute a material breach of this Agreement and entitle the City to immediately
terminate this Agreement.
18.Waiver.Any waiver by either party of a breach of any provisions of this Agreement shall not
affect, in any respect, the validity of the remainder of this Agreement.
19.Indemnification .Consultant agrees to defend, indemnify and hold the City, its officers, and
employees harmless from any liability, claims, damages, costs, judgments, or expenses,
including reasonable attorney's fees, resulting directly or indirectly from a negligent act or
omission (including without limitation professional errors or omissions) of the Consultant, its
agents ,employees, or subcontractors in the performance of the services provided by this
Agreement and against all losses by reason of the failure of said Consultant fully to perform, in
any respect, all obligations under this Agreement.
20.Insurance.
A.General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay
for such insurance as will protect against claims for bodily injury or death, or for damage
to property, including loss of use, which may arise out of operations by Consultant or by
any subcontractor or by anyone employed by any of them or by anyone for whose acts
any of them may be liable. Such insurance shall include, but not be limited to, minimum
4
Rev. 10 -28-2008
coverages and limits of liability specified in this Paragraph, or required by law. The
policy(ies) shall name the City as an additional insured for the services provided under
this Agreement and shall provide that the Consultant 's coverage shall be primary and
noncontributory in the event of a loss.
B.Consultant shall procure and maintain the following minimum insurance coverages and
limits of liability on this Project:
Worker's Compensation Statutory Limits
Employer 's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Comprehensive Liability $1 ,000,000 property damage per occurrence
$2,000 ,000 general aggregate
$2,000 ,000 Products -Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1 ,000,000 combined single limit (shall include coverage
for all owned, hired and non -owed vehicles.
Umbrella or Excess Liability $2,000,000
C.The Comprehensive General /Commercial General Liability policy (ies)shall be
equivalent in coverage to ISO form CG 0001, and shall include the following:
a.Premises and Operations coverage with no explosions ,collapse, or underground
damage exclusion (XCU).
b.Products and Completed Operations Property Damage coverage .Consultant
agrees to maintain this coverage for a minimum of two (2 )years following
completion of its work.
c.Personal injury with Employment Exclusion (if any) deleted.
d.Broad Form CG0001 0196 Contractual Liability coverage ,or its equivalent.
e.Broad Form Property Damage coverage, including completed operations, or its
equivalent.
f.Additional Insured Endorsement (s),naming the "City of Eden Prairie" as an
Additional Insured ,on ISO form CG 20 10 11 85, or CG 20 10 10 01 and CG 20
37 10 01, or an endorsement (s) providing equivalent coverage to the Additional
Insureds .ISO form CG 20 10 07 04, and later versions of said form, are not
acceptable.
g•If the Work to be performed is on an attached community ,there shall be no
5
Rev. 10 -28-2008
exclusion for attached or condominium projects.
h."Stop gap "coverage for work in those states where Workers' Compensation
insurance is provided through a state fund if Employer 's liability coverage is not
available.
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.
6
Rev. 10-28-2008
$q FRS\q Ri ll WKH q &RQVXOWDQW ¶V q LQVXUDQFH LI GHFODUDWLRQ LI SDJH q C
Endorsement ,as applicable ,which evidences the compliance with this Paragraph
qqqq PXVW q EH q ILOHG q ZLWK q &LW\q SULRU q WR q WKH q VWD&IWuMU MXOWDQW'
evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory
evidence that Consultant has complied with all insurance requirements.Renewal
certificates shall be provided to City prior to the expiration date of any of the required
policies.City will not be obligated, however, to review such declaration page, Rider,
Endorsement or certificates or other evidence of insurance, or to advise Consultant of
any deficiencies in such documents and receipt thereof shall not relieve Consultant
from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's
obligations hereunder. City reserves the right to examine any policy provided for under
this paragraph.
F.Effect of Consultant's Failure to Provide Insurance .If Consultant fails to provide the
specified insurance, then Consultant will defend, indemnify and hold harmless the City, the
City's officials, agents and employees from any loss, claim, liability and expense (including
reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the
same protection as would have been provided by the specified insurance. Except to the
extent prohibited by law, this indemnity applies regardless of any strict liability or
negligence attributable to the City (including sole negligence) and regardless of the extent
to which the underlying occurrence (i.e., the event giving rise to a claim which would have
been covered by the specified insurance) is attributable to the negligent or otherwise
wrongful act or omission (including breach of contract) of Consultant, its subcontractors,
agents , employees or delegates. Consultant agrees that this indemnity shall be construed
and applied in favor of indemnification. Consultant also agrees that if applicable law limits
or precludes any aspect of this indemnity, then the indemnity will be considered limited
only to the extent necessary to comply with that applicable law. The stated indemnity
continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant
to:
a.Furnish and pay for a surety bond, satisfactory to the City ,guaranteeing
performance of the indemnity obligation; or
b.Furnish a written acceptance of tender of defense and indemnity from Consultant's
insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City.
21.Ownership of Documents.All plans ,diagrams, analyses ,reports and information generated
in connection with the performance of the Agreement ("Information") shall become the property
of the City, but Consultant may retain copies of such documents as records of the services
provided. The City may use the Information for its purposes and the Consultant also may use
the Information for its purposes. Use of the Information for the purposes of the project
contemplated by this Agreement ("Project") does not relieve any liability on the part of the
Consultant, but any use of the Information by the City or the Consultant beyond the scope of
the Project is without liability to the other, and the party using the Information agrees to defend
and indemnify the other from any claims or liability resulting therefrom.
7
Rev. 10-28-2008
22.Dispute Resolution/Mediation .Each dispute, claim or controversy arising from or related to
this Service Agreement or the relationships which result from this Agreement shall be subject to
mediation as a condition precedent to initiating arbitration or legal or equitable actions by either
party.Unless the parties agree otherwise, the mediation shall be in accordance with the
Commercial Mediation Procedures of the American Arbitration Association then currently in
effect.A request for mediation shall be filed in writing with the American Arbitration Association
and the other party. No arbitration or legal or equitable action may be instituted for a period of
90 days from the filing of the request for mediation unless a longer period of time is provided by
agreement of the parties.Cost of mediation shall be shared equally between the parties.
Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed
upon by the parties. The parties shall memorialize any agreement resulting from the mediation
in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in
any court having jurisdiction thereof.
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
WSBWSB
c .•hsurrUft^ .hir.Infrastructure n Engineering n Planning n Construction 701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763 541-4800
Fax: 763 541-1700
January 23, 2009
Mr. Randy Newton, PE, PTOE
Assistant City Engineer
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Re: TH 212/Valley View Road Interchange Study
Dear Mr. Newton:
This letter is to serve as a proposal by WSB & Associates, Inc. (WSB) to provide an evaluation of
interchange improvements at the Valley View Road and TH 212 interchange. The purpose of the study is
to evaluate intersection and/or interchange improvements at Valley View Road and TH 212 to determine
the most cost-effective approach to improve traffic operations at the interchange and accommodate a
future LRT alignment through this area. Currently, the intersection of Valley View Road and the west
TH 212 ramp operates at LOS "F in the PM peak hour because of a heavy southbound to eastbound left-
turn movement. An analysis of 2030 traffic forecasts for this area indicates that this intersection will also
operate at LOS "F in the future in the PM peak hour. In addition, the following intersections in this area
are also expected to operate at LOS "F in the PM peak hour in 2030.
Valley View Road and TH 212 East Ramps
Valley View Road and Prairie Center Drive (East Junction)
Prairie Center Drive and Viking Drive
The Major Center Area (MCA) traffic study recommended realigning the southbound TH 212 off ramp to
intersect at either the Valley View Road and TH 212 east ramp intersection or the Valley View Road and
Prairie Center Drive intersection.
Hennepin County is currently preparing a Draft Environmental Impact Statement for Light Rail Transit in
the Southwest Corridor. This study includes an alignment for LRT that would cross Valley View Road
on the east side of the TH 212 east ramp intersection. It is possible that grade separation of the LRT
might be required to maintain acceptable traffic operations in this area. The City of Eden Prairie and
Hennepin County believe that it is worth investigating other options for improvement of this area that
could address both the LRT crossing and the traffic operations that are more cost effective than
alternatives that look at separate solutions for each. The purpose of this study is to investigate alternatives
that would accommodate the LRT crossing and address the need for improvements at the intersection.
ACEC 2008 Firm of the Year
Minneapolis n St. Cloud
Equal Opportunity Employer
Mr. Randy Newton, PE PTOE
Valley View Road and TH 212 Interchange Study
January 23, 2009
Page 2
Scope of Services
The tasks that will be completed for this study include the following:
1.Determine existing and future issues and deficiencies - Review the previous traffic forecasts and
analyses that were completed for the MCA study to identify the existing and future operating
conditions at the key intersections in this area and then determine the critical movements affect-
ing intersection operations.WSB will review the existing counts and forecasts to determine if
any adjustments to the forecast traffic are needed.WSB will also document other issues and con-
cerns in the study area and the proposed alignment for LRT through this area.
2.Determine range ofpotential interchange area improvements with and without LRT-WSB will
develop potential improvements to this interchange area at a sketch level that could address both
the traffic operation needs and the light-rail transit alignment. The focus of this task will be on
generating ideas for improvement of the interchange.We will consider a wide range of options
and will generate ten to 15 different options for improvements to this interchange with and with-
out LRT. The proposed improvements will be illustrated at a schematic level.
3.Evaluate Sketch Level Alternatives - WSB will conduct a high-level evaluation of the alternatives
identified in the previous task to identify the three to four most promising alternatives that can be
developed in more detail. The evaluation would include a planning level traffic analysis and a
high-level evaluation of the costs, right of way, and impacts of the different sketch-level alterna-
tives.The selected concepts would include considerations for LRT in this area.WSB will pre-
pare a memorandum documenting the alternatives considered, the results of the evaluation in an
evaluation matrix, and the alternatives selected for more detailed evaluation.
4.Conduct more detailed analysis of three to four concepts and select preferred alternative - This
task would include development of concept layouts for the three to four concepts identified in
Task 3.We will also evaluate the critical horizontal and vertical alignments. The purpose of the
concept layouts would be to refine cost estimates, right of way needs, and feasibility.WSB will
prepare concept level cost estimates for each alternative and perform a Synchro/Simtraffic analy-
sis for each. The analysis will provide results with and without LRT.WSB will prepare a memo-
randum documenting the refined alternatives and the results of the detailed evaluation. A
preferred alternative will be identified based on the evaluation and input from the City and Hen-
nepin County.
5.Identify interim Improvements -WSB will determine any interim projects that will address the
immediate needs in the area and may build towards the ultimate project .We will provide concept
level cost estimates and sketch layouts for identified interim improvements.
6.Develop a concept plan and cost estimate for the Prairie Center Drive / Valley View Road inter-
section improvements to provide acceptable traffic operations -The improvements include pro-
viding a second left-turn lane on the east (Valley View Road) approach to the intersection and a
second westbound lane on Valley View Road as far back from the intersection as possible with-
out constructing any significant retaining walls.
7.Final Report - A report will be prepared documenting the results from the above tasks including
the recommendations for the long-term and interim improvements. A draft report will be
submitted to the City and County for review. A final report will be prepared incorporating any
comments received from the City and County.
P:\LETPER PROPOSALS\Pdw Prairie\TH 212\Valley View Road TH 169 Improvement Evaluatio .doc
Mr. Randy Newton, PE PTOE
Valley View Road and TH 212 Interchange Study
January 23, 2009
Page 3
8.Meetings - WSB & Associates, Inc. will meet with the City ,County, and Mn/DOT staff three
times during the project .The first meeting will be held after the initial review of traffic forecasts
and operations analysis and after the development of preliminary options to address the design
options .The purpose of the meeting will be to talk about options that WSB has identified and to
determine if there are other options that the County ,City,and Mn/DOT would like to consider.
The second meeting will be held to review the evaluation of options and identify the three to four
concepts that will be evaluated in more detail .The last meeting will be to present the findings on
the evaluation of the three to four concepts and the recommended improvements.
Cost Estimate
The table on the following page provides a breakdown of the estimated hours and costs, by task, to
complete the study.We used the hourly rate categories in our recent Continuing Services Agreement
with Hennepin County. The estimated, not-to-exceed cost is $30,000 including $100 in direct expenses.
WSB & Associates, Inc. will bill for the actual hours worked by each employee classification at the
attached hourly rates up to the maximum of $30,000.
Schedule
WSB & Associates, Inc. will complete the initial concept sketches within two weeks of the notice to
proceed and a preliminary evaluation of the concepts so that three to four concepts can be selected for
more detailed evaluation.We will complete the detailed evaluation of the three to four selected concepts
within two weeks after they have been identified.We will complete all work on the project within six
weeks of the notice to proceed.
Staffing
I will serve as project manager on the project and be responsible for the development of the concept
alternatives.Ross Jentink will be responsible for traffic operations analysis and Derek Schmidt will be
responsible for development of concept layouts. Their resumes are attached.
If you have any questions regarding this proposal,please call me at 763-287-7199.
Sincerely,
WSB & Associates, Inc.
Anthony'{eppelmann ,PE, PTOE
Vice President
Enclosure
P:\LETPER PROPOSALS\Pdw Prairie\TH 212\Valley View Road TH 169 Improvement Evaluatio .doc
TABLE 1
ESTIMATED COSTS
TH 212/Valley View Road Interchange Study
ESTIMATED HOURS
Project Project
Manager/Sr.Engineer Task
WORK TASKS Engineer Planner Tech Clerical Total Cost
1.Document Existing and Future Deficiencies 4 8 2 14 $1,246.40
2.Determine Range of Potential Improvements 16 16 16 2 50 $4,587.80
3.Evaluate Sketch Level Alternatives 8 40 16 4 68 $5,756.80
4.Conduct Detailed Analysis of Remaining Alt.8 40 24 4 76 $6,409.60
5. Identify Interim Improvements 8 8 8 4 28 $2,492.80
6.Prepare Concept Plan and Cost Estimate 4 16 16 4 40 $3,337.40
7.Final Report 4 40 4 48 $3,990.20
8.Meetings 9 9 18 $1,771.65
TOTAL HOURS 61 177 80 24 342 $29,592.65
Avg. Hourly Rate $115.25 $81.60 $81.60 $66.30
Estimated Labor Costs $7,030.25 $14,443.20 $6,528 .00 $1,591 .20 $29 ,592.65
Direct Expenses (Printing Etc .)$100.00
Total Estimated Cost $29 ,692.65
14 r, C 1 Zoo' Z o l o vvcd 1 'e s
WSB & Associates, Inc.EXHIBIT C
E.Personnel and Fee Structure
Category A - Principal
(names & years of experience)
Anthony Heppelmann (26), Sabri Ayaz (30), Ron Bray (25),
Bret Weiss (20), Pete Willenbring (29), Don Sterna (22), Jay
Kennedy (17),. Mike Nielson (21), Dave Hutton (29), Doug
Weiszhaar (36)
Category B - Sr. Professional Staff
$115.25 $113 1.99%
(names & years of experience)$109.10 $107 1.96%
Chuck Rickart(23), Todd Hubmer (15), Mark Erichson (12),
Jeff Stewart (28), Steve Ische (26), Scott Niemann (20),
Merle Jewell (36), Andy Brotzler (12), Steve Gurney (17),
Shibani Bisson (11), Anthony Aderhold (11), Diane Hankee (9)
Tom Volt (13), John Hardy (24), Jupe Hale (15),.
Phil Elkin (11), Kevin Kawlewski (15), Nancy Zeigler (18),
Joel Katz (31), Nic Hentges (7), Mike Malszycki (38),
Jim Archer (7), Kevin Newman (19), Dave Vincent (33),
Tony Winiecki (18), Mike Rief (17), Bruce Fournier (36),
Paul Hudalla (9), John Wingard (31), Chad Hausmann (11),
Sonya Henning (16), Wayne Force (30), Jack Forslund (18),
Tim Hanson (27), Peter Baker (31), Mike Whittington (20)
arritt Lovelace (12)$99.95 $98 1.99%
Becky Haydon (12)$91.80 $90 2.00%
Brad Skow (15), Brian Bourassa (12), Morgan Dawley (8),$115.25 additions
Kirk Corson (14)
Category C - Professional Staff
Chuck Kochmann (18), Tim Cartony (16), Kevin Keeling (21),
Phil Tipka (36), Bryon Amo (12), Leo Olmscheid (30),
Ted Witkowski (16), Alan Dale (30), Blair Fowler (27),
Andy Gatlin (13), Richard Vogt (15), Jeff Michniewicz (18),
Steve Crawford (35), Rick Hauser (12), Doug Hackman (18),
Andy Plowman (7), Tanya Gytri (8), Jamie Wallerstedt (7),
Jim Fitch (19), Kevin Overby (32), Brandi'Popenhagen (12),
Pete Bade (14), Brian Connolly (5), Carol Zevenbergen (14),
Justin Messner (8), Sean McFarling (4), Rich Sturtz (21),
Ross Jentink (5), Lisa Dircks (13), Chad Ellos (4),
Peter Langworthy (19), Josh Halvorson (9), Chris Hartzell (4),
Sara Buermann (7), Phil Olson (6), Tim Andler (12),
Ross Engelking (23), Derek Schmidt (10), Justin Moeller (13),
B.J. Bonin (21), Ben Dzioba (6), Brad Robinson (16),
Dave Snidarich (17), Joe Ward (5), Joe Koscielak (1),
Jeff Kurth (3), Craig Alberg (4), Dan Gatz (6),
Jeremy Koenen (3), Gary Gruber (30), Rich Hibbard (1),
.Take Newhall (1). Kyle Kla.een (13). Peter Sentieri (5)
WSB & Associates, Inc.
Category C - Professional Staff (continued)
Andi Moffatt (11), Peter Helder (20)
John Mackiewicz (9)
Stan Lexvold (25), Reuben Collins (5)
Category D - Technical
Mary Schwartz (13), John Rhoden (15), Travis Hanson (5),
Josh Keeling (5), Dave Firkus (10), Josh Overby (5),
Rich McCoy (4), Jeff SchockaConger (6), Gregg Larson (18),
Mike Klasen (7), Travis Fristed (4), Jake Cunningham (9),
Erick Francis (8), Roger Dalbec (31), Kurt Fleischhacker (7),
Mark Anderson (23), Roseanne Oberlander (24),
Bryan Pittman (7), Craig Lau (5), Jeff Rones (4),
John Cairns (3), Heather Bergen (2), Don Morgan (3),
Iver Beck (4), Terry Ewert (2)
Mike Molitor (12)
Erica Hurt (10)
Justin Hansen (5), Jed Chesnut (2)
Category E - Administrative
DeAnna Leseman (11), Sarah Madson, (10),
Amber Halverson (10), Sue Buckley (15),
Sharon Montague (25), Lorie Hart (12), Steve Kuechle (15),
Teri Foglesong (8), Brett Leeson (5), Dianne Novak (15),
Barbara Bersie-Ashfeld (10), Audrey Dehn (12), Amy Lee (8),
Kevin Wold (10), Teresa Edeibrock (4), Carol Price (10).
Bill Nicklow (8), Alison Nguyen (3)
Chris Sapp (2)
WSB
EXHIBIT C
$73.40 -$72 1.95%
$63
$81.60 addtions
1.99%
$66.30 $65 2.00%
$60.18 $59 2.00%
$51.00 $50 2.00%
$66.30 addition
$51.00 $50 2.00%
$24.45 $24 1.89%
$51.00 addition
do Associates, Inc --8-
Anthony J.Heppelmann, PE
Bachelor of Arts in
Economics
College of St.Thomas
Bachelor of Science in
Civil Engineering
University of Minnesota
Minnesota
Wisconsin
Minnesota Society of
Professional Engineers
Women's Transportation
Seminar
Experience:
Tony, Vice President and Transportation Group Manager, has more than
25 years of experience in the field of transportation planning and design.
Tony has been Project Manager on a wide variety of transportation
projects, including highway corridor studies, environmental impact
studies, and preliminary design studies. His technical responsibilities on
these projects have included traffic forecasting, traffic impacts and needs
assessments ,alternatives analyses, and preliminary geometric design.
Through his work on these projects, Tony has developed a thorough
knowledge and understanding of the project development process for
federal and state-aid projects, as well as the keys for successful
implementation of a project.
Selected Project Experience:
8' Street and Pinecone Road ,Stearns County, MN
Project Manager for the Alternatives Analysis and Environmental
Assessment for a north-south arterial in Sartell and St. Cloud.
TH 10 and TH 23 Corridor Study ,St. Cloud, MN
Project Manager for the evaluation of improvement alternatives for the TH
10 Corridor on the west side of St .Cloud and the TH 23 Corridor between
TH 15 and TH 10.
TH 15 and TH 23/CSAH 75 Corridor Studies ,Steams County, MN
Project Manager for the evaluation of improvement alternatives for TH 15
from south of 1-94 to TH 10 and for TH 23/CSAH 75 from 1-94 to 1-94.
TH 77 and 1-494 Interchange Design,Bloomington, MN
Project Engineer responsible for preliminary design and project
documentation for a $60 million interchange design project by the Mall of
America.Mn/DOT Federal-Aid project.
1-494 EIS and Preliminary Design ,Hennepin County, MN
Project Manager responsible for preliminary design, public involvement
and preparation of draft and final EIS document for 20 miles of 1-494
between 1-394 and the Minnesota River. Mn/DOT Federal-Aid project.
TH 14/52 Rochester Corridor Study EIS and Preliminary Design,
Rochester, MN
Project Manager responsible for preliminary design, public involvement,
and preparation of draft and final EIS document for 10 miles of TH 52 in
Rochester.Mn/DOT Federal-Aid project.
77th Street Improvement,Richfield, MN
Project manager for preliminary and final design of 2.5 miles of new
urban arterial street in Richfield. City Federal-Aid project.
nn nnnnnn
Anthony J.Heppelmann, PE
Highway 96 Improvement ,Ramsey County, MN
Project Manager for preliminary and final design of seven miles of
Highway 96 between I-35W and I-35E that was being turned back to the
County by Mn/DOT. County turn-back project with Federal-Aid.
Lyndale Avenue Interchange Design ,Richfield, MN
Project Manager for the preliminary design and project documentation for
interchange of Lyndale Avenue with 1-494. City Federal -Aid project.
Sauk Rapids Bridge, Benton County, MN
Project Manager for the preliminary design and environmental assessment
for replacement of the bridge over the Mississippi River between Sauk
Rapids and St. Cloud. County turn-back project with Federal-Aid.
Ross Jentink, PE
Bachelor of Science in
Civil Engineering
University of Minnesota
Minnesota
Aggregate Production
Bituminous Street I & II
Concrete Field I & II
Erosion/Sediment
Control Site
Management
Grading and Base I & II
American Society of Civil
Engineers
Institute of
Transportation Engineers
A
WSB
Experience:
Ross is a professional engineer in the WSB Transportation Group. His
experience includes traffic modeling and traffic forecasting for traffic
impact studies, city transportation planning, interchange location, and
access studies.He is also an experienced construction observer. The
traffic projects have included the use of TranPlan, TP+, Synchro, and
CORSIM computer modeling/analysis software, Ross' final design
experience includes estimate preparation and sight distance analysis.
Ross' construction project engineering/field observation experience
includes Mn/DOT and city projects. He has been involved with the
construction of bridges, trails, roadways, and municipal water and sewer
projects, including new and reconstructed roads. Ross also has experience
with the Mn/DOT and Mn/DOT State Aid construction inspection and is
certified to inspect road construction projects.
Selected Project Experience:
Interstate 35W St. Anthony Falls Bridge Replacement ,Minneapolis, MN
Construction Engineer
Project included replacing the I-35W Bridge over the Mississippi River
with a 3-span, 1046 feet bridge including a 504 feet long precast
segmental box girder main span. WSB & Associates was on the quality
assurance team for Flatiron-Manson. The quality assurance team was
responsible for inspection and testing of concrete bridge components, soil
placement, and paving for the project.
Responsible for:
•Inspection of precast concrete box girder segments. This included
inspection of formwork, rebar, post-tension cable duct work, and
concrete placement.
•Inspection of post-tension cable duct grouting including supervision of
mixing, testing, and placement of grout on the project.
Anoka County Travel Demand Model Update, Anoka County, MN
Traffic Engineer
Project included updating the Anoka County Travel Demand Model to
operate similar to the newest version of the Twin Cities Regional Travel
Demand Model. The freeway and county roadway links were recoded to
better represent the existing roadway system. The executable files were
updated to include a convergence methodology (method of successive
averages) for roadway assignments. Additionally modifications were made
to the trip distribution portion of the model to better estimate the
interaction of trips across geographic barriers like rivers. The model
assignments were validated against the Twin Cities Regional Travel
Demand Model and traffic forecasts were developed for Anoka County.
Responsible for:
•Full review of executable scripts for the base model and year 2030
model.
•Coding script files to implement convergence criteria for iterative
model run execution.
nn nnnnnn
Ross Jentink, PE
•Update destination choice scripts to include K-Factors used to model
traffic flow patterns across known geographical and political
boundaries more similar to survey data.
•Supervised roadway network revisions completed in GIS.
•Validated model against Twin Cities Regional Model and worked with
the Metropolitan Council to get buy-in to model structure and
forecasts.
Edina Transportation Plan, Edina, MN
Traffic Engineer
This project included producing the transportation portion of the Edina
Comprehensive Plan. The transportation plan addressed the existing and
future traffic, transit, bike and pedestrians needs for the City of Edina.
Responsible for:
Produce year 2030 traffic forecasts using the Twin Cities Regional
Model as a base. The City land use and roadway network were
modified in the Regional Model to provide a more detailed forecast.
Edina Gateway Area Alternative Urban Area-Wide Review (AUAR),
Edina, MN
Traffic Engineer
Study included completion of an Alternative Urban Area-Wide Review for
the Gateway Study Area. The site consisted of approximately 135 acres
located in the southeast quadrant of the Edina. The site is being
considered for redevelopment. Four land use scenarios were analyzed
with different mixes of residential ,office, and retail uses including
approximately 4 million square feet of floor space.
Responsible for:
•Development of traffic forecasts using the Met Council Travel Demand
Model and the CUBE software package.
•The evaluation of existing and future intersection operations (using
Synchro and SimTraffic software) and recommendation of necessary
roadway system improvements.
Super Target Traffic Impact Study ,Woodbury, MN
Traffic Engineering
Study included the evaluation of traffic impacts from the development of a
36 acre site. The development includes office, restaurant, and retail space.
Woodbury Drive, Tamarack Road, and Hudson Road were analyzed to
determine future traffic impacts of proposed development in the area.
Responsible for:
•Trip Generation.
•ADT and turning movement forecasts for 16 intersections.
•Review of operations analysis.
A
WSB nnnn
90th Street at Nicollet Avenue Roundabout Analysis,Bloomington, MN
Traffic Engineer
Study included analysis of a proposed 2-lane roundabout concept at the
intersection of 90th Street and Nicollet Avenue. An operational analysis
was completed and a traffic simulation was created to show the operations
of the roundabout.
Responsible for:
Evaluation of roadway and traffic characteristics.
Traffic operations analysis using Rodel.
CSAH 22 from TH61 to Goodview Road ,Hugo, MN
Traffic Engineer
The study included preliminary and final design of CSAH 22. Traffic
analysis was conducted for TH 61 between CSAH 22 and Interstate 35
including an Intersection Control Evaluation (ICE), evaluating a
roundabout at TH61 and CSAH 22.
Responsible for:
Evaluation of roadway and traffic characteristics.
Traffic operations analysis using Synchro, SimTraffic, and Rodel.
Excelsior Boulevard Preliminary Layout,Minnetonka, MN
Traffic Engineer/Transportation Planner
The purpose of this study is to determine the feasibility of using
roundabouts at three major intersections on Excelsior Boulevard in the
Glen Lake area. The study includes an operations analysis, preliminary
layout, and a preliminary cost estimate.
Responsible for:
Evaluation of operations of a three-lane roadway alternative using
Synchro and SimTraffic.
Layout geometrics for three 2-lane roundabouts and evaluate
operations using RODEL.
General Mills Federal Credit Union Traffic Impact Study,Minnetonka, MN
Traffic Engineer/Transportation Planner
This project consists of evaluating the traffic impacts for the expansion of
the General Mills Credit Union. A traffic analysis was conducted for the
interchange of 1-394 and Hopkins Crossroad and the adjacent north and
south frontage roads. Traffic impacts were documented and
recommendations were provided for roadway and site improvements.
Responsible for:
Trip generation for site development.
ADT and turning movement forecasts.
Evaluation of existing and future operations using Synchro and
SimTraffic.
nn nnnnnn
Ross Jentink, PE
Trunk Highway 15 Transportation Analysis,St. Cloud, MN
Traffic Engineer
Project includes creating a future vision for the TH 15 that can provide a
framework for decision making on land use and transportation
investments in the corridor. The project includes developing a future plan
for the corridor considering operations, access, right-of-way, and safety.
Responsible for:
•Analysis of alternative using the St. Cloud APO Traffic Model
(TranPlan)
•Evaluation of alternatives using Synchro/SimTraffic
•Public involvement - public meetings
Trunk Highway 47 Transportation Analysis,Anoka County, MN
Traffic Engineer
Project includes the development of a purpose and need statement for
Trunk Highway 47 from County State Aid Highway 22 to Trunk Highway
10 (eight miles). The study includes traffic analysis, alternative
identification and screening, concept layouts, a staff approved layout,
environmental documentation, official mapping, and public involvement.
Responsible for:
•Analysis of alternative using the Anoka County Traffic Model (TP+)
•Evaluation of alternatives
•Public involvement - public meetings
•Concept layouts including evaluating right-of-way needs and
alignment issues
Lyndale Avenue Bridge Replacement ,Richfield, MN
Traffic Engineer
Project includes the design of the Lyndale Avenue Bridge over Interstate
494 between Richfield and Bloomington. The project includes alternative
analysis of different bridge configurations and access between Interstate
35W and Interstate 494. The project also included development of an
Interchange Modification Request, and final design of the preferred
alternative.
Responsible for:
•Analysis of alternative using the Met Council Travel Demand Traffic
Model (TP+)
•ADT and turning movement forecasts for 20 intersections and three
interchanges surrounding the Interstate 494 and Interstate 35W
system interchange
•Evaluation of future arterial operations analysis using Synchro and
SimTraffic
•Evaluation of future freeway operations analysis using CORSIM and
MN/DOT CORSIM design standards.
A
WSB nnnn
nn nnnnnn
Ross Jentink, PE
A
WSB
Shady Oak Road (CSAH 61 )Reconstruction,Neighborhood Traffic Impact
Study,Minnetonka, MN
Traffic Engineer
Project includes the evaluation of impacts to local neighborhoods with the
reconstruction of Shady Oak Road (CSAH 61) between Excelsior
Boulevard and Trunk Highway 7. Reconstruction included changing
access to the neighborhoods west of Shady Oak Road by construction of a
four-lane divided roadway with raised median. This project involves the
evaluation of alternatives including traffic forecasting, cost, safety, and
access provided to the neighborhoods.
Responsible for:
•ADT and turning movement forecasts
•Evaluation of operations
•Traffic signal needs
•Safety evaluation
•Preliminary cost
Minnetonka Mixed -Use Traffic Impact Study,Minnetonka, MN
Traffic Engineer/Transportation Planner
This project consists of the redevelopment of a restaurant site into a
mixed-use development including office, retail, and restaurant space. The
study includes analysis of two intersections on Shady Oak Road. Also a
shared parking analysis was conducted to determine the maximum size of
the development on the site.
Responsible for:
•Trip generation for site development
•ADT and turning movement forecasts
•Evaluation of existing and future operations using Synchro and
SimTraffic
•Parking generation for site development
•Shared parking analysis
Traffic Operations Analysis and Forecasting
•TH 95 at CSAH 30 Intersection, Preliminary Reconstruction Study,
Chisago County, MN
•66th Street East and Portland Avenue South, Intersection Redesign,
Richfield, MN - alternatives included a roundabout and traditional
lane geometry
•66th Street East and 17th Avenue South, Intersection Redesign,
Richfield, MN - alternatives included a roundabout and traditional
lane geometry using RODEL and Synchro/Simtraffic
•CSAH 5 (Minnetonka Boulevard) from TH 169 to Oak Ridge Road,
Roadway Redesign, Minnetonka, MN - alternatives included a
roundabout and traditional lane geometry
•1-94 and CSAH 75 Interchange Relocation, Monticello, MN
•Transportation Plan, Monticello, MN
nn nnnnnn
Ross Jentink, PE
•TH 25 and School Blvd - Proposed Commercial Development,
Monticello, MN
•TH 120 and TH 244 - Proposed Commercial Development,
Mahtomedi, MN
•TH 95, 1-35, and CSAH 30 - City Proposed Industrial Park, North
Branch, MN
Final Design Project Experience
•TH 95 at 1-35 Interchange Reconstruction, North Branch, MN
•Shady Oak Road (CSAH 61) Reconstruction, Minnetonka, MN
•CSAH 18 at 1-94 Interchange Construction, Monticello, MN
Project Engineering/Field Observation
Mid-town Greenway Phase III Trail Construction, Minneapolis, MN
included construction observation and
•Victory Memorial Bike Trail Reconstruction, Minneapolis, MN
•Roadway Reconstruction Project Location 3, Monticello, MN -
included storm sewer replacement and street reconstruction
•Truck Sanitary Extension, Monticello, MN
•Observation for new road construction for five housing developments,
Franklyn Township
•100th Street Reconstruction, Southside Township - 1.2 miles of
roadway reconstruction
•Brighton Avenue Bridge Replacement, Franklyn Township - Bridge
Reconstruction over BNSF Railroad, reconstruct 1/2 mile roadway
•10th St. Reconstruction, St Cloud, MN - Water, sewer, storm sewer,
road reconstruction (1/2 mile)
A
WSB nnnn
Derek Schmidt, PE
Bachelor of Science in
Civil Engineering
University of Minnesota
Minnesota
American Society of Civil
Engineers
Institute of
Transportation Engineers
Minnesota Surveyors and
Engineers Society
A
WSB
Experience:
Derek is a Project Manager in WSB's Transportation Group with more than
ten years of experience. His primary focus of work includes preliminary
and final highway design on major interstate and trunk highway projects.
He has extensive knowledge of CAD software including MicroStation and
GEOPAK'. Prior to joining WSB, Derek was employed by a global
engineering firm where he provided detail design services on numerous
complex projects throughout the United States and also served as the ISO
9001 quality coordinator for their local office.
Selected Project Experience:
Dresbach Bridge Improvement Study,Project Engineer ,Dresbach, MN
While employed at another consulting firm, Derek was the highway
project engineer for the alternatives development process for the Dresbach
Bridge Improvement Study.
Lyndale Ave Interchange ,Project Manager, Richfield, MN
Derek is currently the project manager for the final design of the Lyndale
Ave interchange with 1-494 in Richfield. The project involves the
reconstruction of the exiting interchange into a Single Point Urban
Diamond Interchange.
CSAH 18/1-94, Project Engineer/Project Manager,Monticello, MN
Derek was the project engineer for the design and project manager for the
construction of the CSAH 18/1-94 interchange which involved the
reconstruction of a partial access interchange into a full access
interchange.
TH 212 Design/Build ,Project Engineer, MN
Derek provided reviews of the design/build contractors final roadway
plans as part of the verification team working in conjunction with
Mn/DOT.
1-94, Project Engineer, Kalamazoo, MI
Derek was the project engineer directly involved with the final design of a
seven-mile section of 1-94 through Kalamazoo, Michigan. This included
seven interchanges of which five were to be constructed under traffic.
Derek's primary task was to develop staging plans for all phases of the
project.
I-290/IL 53,Project Engineer ,Chicago, IL
Derek was the task leader for the traffic control/staging plans for the
reconstruction of I-290/IL 53 outside of Chicago, IL. The mainline traffic
on the freeway was required to be maintained at all times as well as all
interchange connections during construction.
TH 12 ,Project Manager,Maple Plain, MN
This was a final design project of a 0.6 mile reconstruction of TH 12 which
included one signalized intersection.
nn nnnnnn
Derek Schmidt, PE
I-35W/TH 62 Crosstown Conceptual Redesign, MN
Derek prepared three design alternatives for the reconstruction of the I-
35W/TH 62 Crosstown Commons Interchange. Derek worked with a
senior level constructability expert in preparing conceptual layouts that
facilitated the requirements to minimize traffic impacts during
construction and to keep the proposed corridor within the existing narrow
right-of-way.
TH 100/Duluth Street,Project Engineer, MN
Derek was the project engineer for a design/build preliminary design of a
0.7 mile segment of TH 100 including the Duluth Street interchange.
Hiawatha Light Rail Transit, MN
Derek developed and reviewed typical sections for inclusion into the
design build directive drawings for an 11.4 mile light rail line running
from downtown Minneapolis to the Minneapolis/St. Paul Airport and the
Mall of America. Derek also investigated and designed alternatives for
traffic flow at five at-grade urban crossings along the corridor.
1-290 Hillside Interchange, Staff Engineer, Hillside, IL
Derek was the staff engineer for a two-phase study and design of the I-
290/1-294 Interchange. Derek participated in the design of proposed
drainage on relocated Harrison Street south of 1-290. He also prepared
the preliminary vertical and horizontal alignment and typical sections, as
well as identified utility conflicts with proposed drainage facilities.
A
WSB nnnn
CITY COUNCIL AGENDA DATE:
SECTION:Consent Calendar March 3, 2009
DEPARTMENT/DIVISION:ITEM DESCRIPTION: I.C. 09-5751 ITEM NO.: VIII.G.
Randy Newton Approve Cost Sharing Agreement with
Public Works / Engineering the Hennepin County Regional Railroad
Authority for the TH 212 / Valley View
Road Interchange Study
Requested Action
Move to:Approve Cost Sharing Agreement with the Hennepin County Regional Railroad
Authority for the TH 212 / Valley View Road Interchange Study.
Synopsis
The Cost Sharing Agreement specifies the roles and financial responsibilities for both the City
and the Hennepin County Regional Railroad Authority (HCRRA) for the TH 212 / Valley View
Road Interchange Study. The approval of the Professional Services Agreement for the TH 212 /
Valley View Road Interchange Study is included as a separate item on the City Council Agenda.
Background Information
The purpose of the TH 212 / Valley View Road Interchange Study is to evaluate interchange
improvements and determine the most cost-effective approach to improve traffic operations in
the interchange area and to accommodate a future LRT alignment through the area.
Financial Implications
The Professional Services Agreement for the TH 212 / Valley View Road Interchange Study has
an estimated cost of $30,000. The HCRRA per the Cost Sharing Agreement will fund fifty
percent ($15,000) of the study cost. The city portion of the study cost ($15,000) will be funded
by the Economic Development Fund.
Attachments
•Cost Sharing Agreement
COST SHARING AGREEMENT No. A090269
BETWEEN THE
HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY
AND
CITY OF EDEN PRAIRIE
TH 212 / Valley View Road Interchange Study
THIS COST SHARING AGREEMENT ("Agreement") is made and entered into by and
between the Hennepin County Regional Railroad Authority ("HCRRA "),a local
government unit and political subdivision of the State of Minnesota ,and City of Eden
Prairie ("City"), a public corporation and political subdivision of the State of Minnesota.
City
WHEREAS ,HCRRA is studying routing alternatives for a proposed light rail transit line
("SW LRT line") that runs from the City of Eden Prairie to downtown Minneapolis.
WHEREAS ,HCRRA and City are interesting in jointly funding traffic analysis/design
work at the TH212/Valley View Road Interchange located in City of Eden Prairie, which
will provide input for access and circulations plans to be developed for SW LRT line
stations, and may impact routing for the line;
WHEREAS ,pursuant to its authority, City is entering into an agreement for consulting
services with WSB & Associates, Inc., for the evaluation of interchange improvements
("TH212/Valley View Road Interchange Study") for an amount not-to-exceed $30,000;
WHEREAS ,HCRRA has agreed to fund fifty percent of the total study cost, up to
$15,000, of the TH 212 / Valley View Road Interchange Study; and
WHEREAS , it is in the public interest for HCRRA and City to work cooperatively to study
and evaluate potential interchange improvements for the TH 212 / Valley View Road
interchange area.
NOW THEREFORE ,in consideration of the mutual agreements and covenants
contained in this Agreement, HCRRA and City agree as follows:
Cost Sharing and Payment
HCRRA shall pay fifty percent of the total study cost, up to $15,000, of the cost of
consulting services incurred by WSB & Associates, Inc. A copy of City's original
agreement for consulting services is attached to this Agreement as Exhibit A.
The total cost of services provided by the Consultant shall not exceed $30,000.
HCRRA and City's share of such total shall not be more than $15,000 each.
2.City shall ensure that Consultant sends both HCRRA's and City's designated
representative reasonably detailed written invoices showing the total consultant
services costs. Subject to the fifty percent of total cost up to $15,000 limit stated
in Paragraph 1, HCRRA shall pay its fifty percent share of the invoiced amounts
1
to City within thirty (30) calendar days after receipt and approval of the written
invoices.
3.HCRRA shall submit its payments to City of Eden Prairie. Payments shall be
submitted to the attention of: Finance Division, 8080 Mitchell Road, Eden Prairie,
Minnesota 55344.
Work Plan Development and Consultant Contract
4.City shall ensure that the Consultant prepares a draft of the proposed work plan
for the study and submits it to both HCRRA and City for review prior to approval
by City and consent of HCRRA. HCRRA, City, and the Consultant shall meet
and confer, if necessary, to discuss proposed changes, modification, or additions
to the work plan.
5.City shall direct and control the work activities of the Consultant as they pertain to
the study, but shall obtain HCRRA's prior concurrence as to the scope of the
study and work to be performed to ensure that appropriate SW LRT line study
components are included in the work.City shall consult with HCRRA on a
regular basis to ensure that City's direction and control of Consultant's work
activities are consistent with HCRRA study needs regarding the TH 212/ Valley
View Road Interchange.
6.HCRRA must consent ,in writing ,to any assignment or subcontracting by the
Consultant.
7.City shall not enter into any contract or other agreement with WSB & Associates,
Inc. related to this study until such contract or other agreement has been
reviewed and consented to by HCRRA. Any contract or other agreement entered
into between City and WSB & Associates,Inc. related to this study which has not
been reviewed and consented to by HCRRA shall void this agreement and
HCRRA shall have no obligations hereunder.
Work Products,Reports and Documents
8.City shall include HCRRA when City receives analyses and briefings under City's
agreement for consulting services. Upon request from HCRRA, City will provide
HCRRA in a timely manner copies of written materials, work products ,report and
documents provided to City under City's agreement for consulting services.
HCRRA may use, copy and distribute such materials, work products, reports and
documents without restriction.
Authorized Contact Persons
9.Randy Newton, Assistant City Engineer, City of Eden Prairie, 8080 Mitchell
Road, Eden Prairie, Minnesota, 55344, (952)-949-8339, is City's designated
contact person for ongoing contact with City regarding the TH 212 / Valley View
Road Interchange Study ,which is the subject of this Agreement. Randy Newton
will communicate directly with the Consultant as the Project Manager for the
study and for questions and concerns regarding billing and payment of the
contract.
2
10.Katie Walker, Transit Project Manager ,Hennepin County Department of Transit
and Community Works, 417 North Fifth Street, Suite 320,Minneapolis,
Minnesota 55401, (612) 385-5655, is HCRRA's designated contact person for
ongoing contact with HCRRA regarding the TH 212 / Valley View Interchange
Study.
Conflicts of Interest
11.City shall inform WSB & Associates, Inc. about this Agreement and HCRRA
funding provided under this Agreement. City and WSB & Associates, Inc. shall
immediately discuss with HCRRA any current or new client obligations of the
firm,which may directly conflict with the firm's ongoing work under its agreement
for consulting services with City.
Audits and Recordkeeping
12.City shall maintain for at least three (3) years all books, record, documents and
other evidence directly related to the performance of this Agreement in
accordance with generally accepted accounting principals and practices of
governmental entities.Upon request and reasonable notice, City shall permit
HCRRA to examine and copy the books, records, documents and other evidence
maintained by City.
13.HCRRA and its agents shall have the right of access to and audit of the
Consultant's work and records prior to final payment.
Termination
14.HCRRA and City shall have the right to terminate this Agreement at any time with
or without cause upon thirty (30) days written notice to the other party. In the
event of such a termination, HCRRA shall pay its share of the costs of the
services satisfactorily performed prior to the date of termination.HCRRA shall
have the right to receive, use and distribute copies of all materials, work
products, reports and documents prepared by WSB & Associates, Inc. pursuant
to the firm's agreement for consulting services with City if such materials, work
products, reports and documents were prepared prior to the termination of the
Agreement.
Effective Date/Termination Date
15.This Agreement is effective on the date both parties' authorized representatives
have signed this Agreement. Notwithstanding the date of the signatures of the
parties to this Agreement, this Agreement shall cover consulting costs incurred
on or after March 3, 2009, pursuant to City's agreement for consulting service
with WSB & Associates, Inc. This Agreement shall terminate 12 months from the
effective date,unless earlier terminated or canceled or extended by mutual
agreement of HCRRA and City.
3
Relationship of the Parties
16.Each party shall be responsible for its own acts and omissions, the acts and
omissions of its employees and the results thereof to the extent authorized by
law.The parties shall not be responsible for the acts of others and results
thereof.The parties expressly agree that they do not contractually waive any
limitations on liability or other immunities or defenses available to them by statute
or common law, for activities undertaken pursuant to this Agreement.
17.Nothing contained in this Agreement is intended or should be construed in any
manner as creating or establishing the relationship of co-partners or a joint
venture between the parties ,nor shall the either be considered or deemed to be
an agent, representative, or employee of the other in the performance of this
Agreement.All personnel of each party while engaging in the performance of
this Agreement shall not have any contractual relationship with the other party
and shall not be considered employees of the other party.
No Third Party Rights
18.HCRRA shall have no obligation other than to provide funding as authorized and
limited by this Agreement.This Agreement is not intended to and does not
create third party beneficiary rights to the consultant or to any other entity that is
not a party to this Agreement.
Merger
19.This Agreement is the final expression of the agreement of the parties and the
complete and exclusive statement of the terms agreed upon ,and shall
supersede all prior negotiations ,understandings or agreements. There are no
representations or stipulations, either oral or writing not herein contained.
Governing Law
20.This Agreement shall be governed by and construed according to the laws of the
State of Minnesota. Venue shall be in the state and federal courts of Minnesota.
(SIGNATURE PAGE FOLLOWS)
4
DEPARTMENT APPROVAL
Reviewed by the
County Attorney's Office
HENNEPIN COUNTY REGIONAL
RAILROAD AUTHORITY
STATE OF MINNESOTA
By:1
Printed Name :Philip Eckhert
Date :Printed Title: Director, Hennepin County
Housing ,Community Works & Transit
City organized under:
Date:
CITY OF EDEN PRAIRIE
By:
Its:
And
By
Its:
Statutory Option A Option B Charter
1 Pursuant to 46 -HCRRA-02, the Executive Director is authorized to sign contracts for professional and personal
services not exceeding $50,000 .The Executive Director has delegated authority to the Deputy Executive Director to
approve and sign these contracts and other related documents for the Authority. (Memo :Dec. 20 ,2001). The
Executive Director has also delegated to the Director of the Housing,Community Works and Transit Department,
authority to approve and sign professional and personal services contracts for HCRRA activities in amounts equal to or
less than $15,000 . (Memo :Aug. 12, 2002).
5
CITY COUNCIL AGENDA DATE:
SECTION:Consent Calendar March 3, 2009
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.H.
Eugene A. Dietz Resolution Requesting Authority to
Public Works Establish a Municipal Street
Improvement District
Requested Action
Move to: Adopt the Resolution requesting authority to establish a Municipal Street
Improvement District and authorize staff to work with our legislators to prepare a bill to create
the authority.
Synopsis
As discussed at the February 17, 2009, council meeting, we are creating the documentation
necessary to prepare a bill for consideration by the Minnesota Legislature and Governor to allow
the creation of a street improvement district. Several cities in the state are moving along a
similar track.Our approach is to obtain this authorization on a limited basis to show how
implementation might occur on a state wide basis. Staff will insure the City Council will have
the final decision on implementation if the authority is granted.
Attachments
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2009-
A RESOLUTION REQUESTING AUTHORITY
TO ESTABLISH A MUNICIPAL STREET IMPROVEMENT DISTRICT
WHEREAS, residents and businesses benefit from a sound, efficient and adequately funded
transportation system; and
WHEREAS, the integrity of the City of Eden Prairie's transportation infrastructure is dependent
upon long-term planning and ongoing maintenance, both of which require dedicated and
sustainable revenue sources; and
WHEREAS, existing funding mechanisms for local roads, such as special assessments ,bonding
and municipal state aid, have limited applications; and
WHEREAS, statutory authority currently exists for a fee based system to operate and maintain
the utility infrastructure systems-including water, sewer, storm sewer, street lighting, etc.; and
WHEREAS, a stable fee based funding source for local roads is a notably missing statutory
authority granted to cities; and
WHEREAS,the City of Eden Prairie does not have a stable funding stream for roads to keep
pace with growing costs and changing needs; and
WHEREAS, the cost of maintaining and repairing city streets increases by as much as six times
when maintenance is deferred; and
WHEREAS, local cost participation requirements for trunk highway and county projects are
contributing to strains on city budgets; and
WHEREAS, levy limits and reduction in aids to local government have contributed to strains on
local budgets; and
WHEREAS, transportation infrastructure maintenance and improvement costs on an aging
system will significantly contribute to rising property taxes; and
WHEREAS, the City of Eden Prairie's goal is to maintain a transportation system that promotes
economic development and vitality; and
WHEREAS, authority to establish a street improvement district would provide the City of Eden
Prairie with an important tool for funding transportation infrastructure maintenance and
reconstruction.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EDEN
PRAIRIE that this council believes creation of a street improvement district would allow for
preservation of the city's transportation infrastructure assets; and
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF EDEN PRAIRIE
that this council requests that the Minnesota Legislature provide authority for the City of Eden
Prairie to create a street improvement district; and
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF EDEN PRAIRIE
that this Council requests that Governor Tim Pawlenty allow legislation providing authority for
the City of Eden Prairie to create a street improvement district to become law.
ADOPTED by the Eden Prairie City Council on March 3, 2009.
Phil Young, Mayor
ATTEST:SEAL
Kathleen Porta ,City Clerk
CITY COUNCIL AGENDA
SECTION: Public Hearing
DATE:
March 3, 2009
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: IX.A.
Community Development 2009 CDBG Funding
Janet Jeremiah, Director Recommendations
Molly Koivumaki, Housing and
Human Services Manager
Requested Action
Move to: Adopt Resolution approving the use of 2009 CDBG funds as recommended by the
Eden Prairie Human Services Committee.
Synopsis
The 2009 CDBG allocation has not yet been announced by the office of Housing and Urban
Development (HUD). However, the Human Services Review Committee used the conservative
estimate of $250,000 in funding to make the funding recommendations as listed below. Once the
actual amount is received, the funds will be modified on a percentage basis for each of the
applicants.The regulations stipulate that public service funding may not exceed 15 percent of
the City's total allocation. The Human Services Review Committee reviewed the 2009 CDBG
proposals and recommended the following activities be funded.
Human Services Activity Funding County % of
Level Priority Allocation
1 PROP Housing Support Services $5,000 High 2%
2 YMCA (Child Care Subsidy)$10,000 High 4%
3 HOME (Household & Outside Maintenance for
the Elderly)
$8,000 High 3.2%
4 HomeLine (Tenant's Advocacy Service)$5,000 High 1.95%
5 JVS Employment Assistance Services $5,500 High 2.2%
6 Emergency Vehicle Repair Fund $12,000 High 4.8%
Subtotal $45,500
Housing Activities Funding
Level
County
Priority
7 Housing Rehabilitation Deferred Loan Program $57,000 High 22.8%
8 Affordable Housing Initiative $100,000 High 40%
9 PROP Emergency Housing Assistance $20,000 High 8%
10 Fair Housing Initiative $2,500 High 1%
11 Program Administration $25,000 10%
Grand Total $250.000
Background Information
The discussion of how to distribute the 2009CDBG funds through the Human Services Review
Committee included a complete review of all "Request for Funding applications and the
distribution percentage of funds in 2008. The Committee's goals were to have the best and
highest use of these funds for human services that demonstrated the most direct benefit to the
community.
Attachments
2009 CDBG Summary of Proposals
Resolution
2009 CDBG Summary of Proposals
Reviewed b y the Human Services Review Committee on Februa ry 2, 2009
Activity Agency 2009 Request 2009 Funding 2008 Actual Purpose Clients
Recommended Funding Served
2008
Childcare YMCA $16,000 $10,000 $8000 Subsidize before and 76*
subsidy after school care for
EP low income
working families
Household Senior Comm .$8,000 $8,000 $8,000 Provide outside 35*
Chore & Main.Services maintenance
for elderly (HOME)and chore service to
people 60 and older
Tenant HomeLine $5,000 $5,000 $5,000 Provide tenant 152*
Advocacy information and
Services advocacy; tenant
hotline to resolve
tenant/landlord issues
Housing PROP $10,000 $5,000 $13,000 Emergency financial 45
Support assistance for
Services rent/mortgage
payments
Vehicle Repair City of Eden $15,000 $12,000 $12,000 Car repair for low-14*
Prairie income families
Career Jewish Vocational $8,250 $5,500 $0 Career counseling 0
Development Services and assessment
Services services to 17 EP
residents.
Youth Eden Prairie $10,000 $0 $0 Youth scholarships 0
Scholarship Community Ed for community ed
Program classes.Community
readiness survey.
TOTAL $72,250 $45,500**$46,000
* Number served through 2nd quarter of 2008 funding.
**$45,500 = 15% of $250,000 (Estimated 2009 Allocation) = $37,500
+ 6% of $125,000 (Estimated 2008 Program Income) = $8,000
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2009-
RESOLUTION APPROVING USE OF FUNDS FOR 2009
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
WHEREAS, the City of Eden Prairie, as an entitlement community, participates in the Community
Development Block Grant Program; and
WHEREAS, the City of Eden Prairie has developed a proposal for the use of CDBG funds, and held
a public hearing on March 3, 2009, to obtain the views of citizens on the proposed use of $250,000
for the 2009 Community Development Block Grant Program.
BE IT RESOLVED that the City Council of the City of Eden Prairie approves the following
activities for funding from the Block Grant program, and authorizes and directs the Mayor and the
City Manager to execute Sub recipient and Third Party Agreements on behalf of the City.
ACTIVITIES BUDGET
PROP - Emergency Housing Assistance $ 25,000
YMCA - Child Care Subsidy $ 10,000
HOME - Household & Outside Maintenance for Elderly $8,000
Homeline Tenant's Advocacy Service $5,000
Emergency Vehicle Repair $ 12,000
JVS Employment Assistance Services $5,500
Housing Rehabilitation Deferred Loan Program $ 57,000
Affordable Housing Initiative $ 100,000
Fair Housing Initiative $2,500
Program Administration $ 25,000
Total $250,000
ADOPTED by the City Council of the City of Eden Prairie this 3rd day of March, 2009.
Phil Young, Mayor
ATTEST:
Kathleen Porta ,City Clerk
CITY COUNCIL AGENDA
DATE:
SECTION: Payment of Claims March 3, 2009
DEPARTMENT /DIVISION :ITEM DESCRIPTION :ITEM NO.: XSue 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 183964 -184378
Wire Transfers 3325 - 3340
City of Eden Prairie
Council Check Summary
3/3/2009
Amount Division Amount
82,861 503 Utility Improvement 2,906
6,057 509 CIP Fund 241,450
789 515 Fire Station #4 488
20,765 524 Sprint / Nextel 73,885
140 Total Capital Project Funds 318,729
14,482
7,101 601 Prairie Village Liquor 191,032
1,283 602 Den Road Liquor 161,908
947 603 Prairie View Liquor 79,693
7,551 605 Den Road Building 1,679
9,957 701 Water Fund 81,639
15,772 702 Sewer Fund 8,661
112 703 Storm Drainage Fund 2,115
2,079 Total Enterprise Fund 526,728
391
17,185
24
4,490 802 494 Commuter Services 10,659
210 803 Escrow Fund 583
51 806 SAC Agency Fund 10,000
10,388 Total Agency 21,242
432
4,982
4,952 807 Benefits Fund 355,100
61 811 Property Insurance 90,535
1,656 812 Fleet Internal Service 34,465
82 813 IT Internal Service 49,386
8,754 815 Facilites Operating ISF 28,021
4,722 816 Facilites City Center ISF 51,077
933 817 Facilites Comm. Center ISF 32,584
370 Total Internal Service Fund 662,411
40,754
63 Report Totals 1,903,969
11,840
1,401
37,142
68,710
389,488
198
37
4
18
121
930
1,309
4,875
431
5,306
City of Eden Prairie
Council Check Register
3/3/2009
Amount Vendor /Explanation Account Description Business Unit Explanation
185,131 XCEL ENERGY Electric City Hall - CAM Utilities
163,127 WELLS FARGO MINNESOTA N A SS & Medicare Health and Benefits Social Security and Medicare taxes
150,514 MCKINSTRY ESSENTION INC Other Contracted Services CIP - Bonds 20-40 -15 Projects
121,326 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA Benefits
94,805 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund
90,535 LEAGUE MN CITIES INS TRUST Insurance Property Insurance
79,994 RESTORATION SYSTEMS INC Building Repair & Maint.Capital Impr. / Maint. Fund
73,885 MOBILE RADIO ENGINEERING INC Other Contracted Services Sprint /Nextel
41,231 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store
38,345 POSITRON PUBLIC SAFETY SYSTEMS Software Maintenance IT Operating
37,001 GREGERSON ROSOW JOHNSON & NILA Legal Fire Station #4
36,000 NEW WORLD SYSTEMS Other Assets CIP - Bonds
30,705 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
28,730 CARGILL SALT Salt Snow & Ice Control
27,500 CORNERSTONE ADVOCACY SERVICE Other Contracted Services Police
26,832 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store
21,634 ABM JANITORIALSERVICES-NORTH C Janitor Service City Hall - CAM
18,261 YALE MECHANICAL INC Other Contracted Services Pool Maintenance
16,449 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
16,274 GRIGGS COOPER & CO Transportation Prairie View Liquor Store
15,784 JJ TAYLOR DISTRIBUTING MINNESO Liquor Prairie View Liquor Store
15,656 CENTERPOINT ENERGY Gas Water Treatment Plant
15,413 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store
15,237 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store
15,096 BAKER ASSOCIATES INC Leasehold Improvements Prairie Village Liquor Store
14,573 THORPE DISTRIBUTING Beer Prairie View Liquor Store
14,320 GRIGGS COOPER & CO Transportation Prairie View Liquor Store
14,063 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Operating
13,394 QUALITY WINE & SPIRITS CO Wine Domestic Den Road Liquor Store
13,019 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store
12,765 US BANK TRUST HRA Health and Benefits
12,160 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
11,776 WELLS FARGO MINNESOTA N A SS & Medicare Health and Benefits
11,487 QUALITY WINE & SPIRITS CO Beer Prairie View Liquor Store
10,985 DORAN CONSTRUCTION INC Other Contracted Services Prairie Village Liquor Store
10,017 YALE MECHANICAL INC Contract Svcs - HVAC Fire Station #1
9,900 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund
9,001 BELLBOY CORPORATION Transportation Den Road Liquor Store
8,790 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations
8,656 MINNEAPOLIS DOWNTOWN COUNCIL General 494 Corridor Commission
8,620 DAY DISTRIBUTING Beer Prairie View Liquor Store
8,516 JJ TAYLOR DISTRIBUTING MINNESO Liquor Prairie View Liquor Store
8,515 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits
Amount Vendor / Explanation Account Description Business Unit Explanation
8,255 WINE MERCHANTS INC Transportation Prairie View Liquor Store
7,278 BIO-KEY INTERNATIONAL Other Assets CIP - Bonds
6,662 PRAIRIE ELECTRIC COMPANY Other Contracted Services Prairie Village Liquor Store
6,509 LOGIS Network Support IT Operating
6,440 MARK VII Beer Prairie View Liquor Store
6,250 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing and Community Service
6,000 PROP Other Contracted Services Housing and Community Service
5,922 OLYMPIC HILLS GOLF CLUB Operating Supplies Internal Events
5,846 GRAYMONT Treatment Chemicals Water Treatment Plant
5,762 DAY DISTRIBUTING Beer Prairie View Liquor Store
5,659 EAGLE WINE COMPANY Transportation Prairie View Liquor Store
5,651 BELLBOY CORPORATION Transportation Den Road Liquor Store
5,501 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Public Works/Parks
5,162 PAUSTIS & SONS COMPANY Transportation Prairie View Liquor Store
5,146 BROWN TRAFFIC PRODUCTS INC Equipment Repair & Maint Traffic Signals
5,096 MAACO Equipment Repair & Maint Fleet Operating
5,083 MARK VII Beer Prairie View Liquor Store
5,049 WORLD CLASS WINES INC Transportation Prairie View Liquor Store
5,007 PARK NICOLLET CLINIC Health & Fitness Fire
4,895 EAGLE WINE COMPANY Transportation Prairie Village Liquor Store
4,875 MOODY'S INVESTORS SERVICE Bond Issue Costs HRA 2002A LEASE REVENUE BONDS
4,520 QWEST Telephone IT Telephone
4,109 HARLEY CONSULTING & COACHING Other Contracted Services Organizational Services
3,996 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store
3,919 DYNAMIC IMAGING SYSTEMS INC Miscellaneous IT Operating
3,727 ASPEN WASTE SYSTEMS INC.Waste Disposal General Community Center
3,670 CLAREYS INC Other Contracted Services Park Maintenance
3,496 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits
3,487 PRAIRIE ELECTRIC COMPANY Equipment Repair & Maint Water Treatment Plant
3,445 HAWKINS INC Treatment Chemicals Water Treatment Plant
3,408 DMX MUSIC Leasehold Improvements Prairie Village Liquor Store
3,390 WINE MERCHANTS INC Transportation Prairie View Liquor Store
3,329 HAWKINS INC Treatment Chemicals Water Treatment Plant
3,250 TEENS ALONE Other Contracted Services Housing and Community Service
3,195 QUALITY FLOW SYSTEMS INC Equipment Parts Sewer Liftstation
3,109 ANCHOR PRINTING COMPANY Printing Police
3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General
2,930 GRAYMONT Treatment Chemicals Water Treatment Plant
2,846 GRAPE BEGINNINGS Transportation Prairie View Liquor Store
2,834 SPRINT Wireless Subscription IT Operating
2,748 USA MOBILITY WIRELESS INC Pager & Cell Phone Wireless Communication
2,677 PAUSTIS & SONS COMPANY Transportation Den Road Liquor Store
2,554 AMSAN LLC Cleaning Supplies General Community Center
2,252 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods
2,000 ZIEBOL, MATTHEW Tuition Reimbursement/School Organizational Services
1,966 BME CONSULTING Other Contracted Services Assessing
1,841 WINE COMPANY, THE Transportation Den Road Liquor Store
Amount Vendor /Explanation Account Description Business Unit Explanation
1,839 SIGNATION SIGN GROUP INC Signs Capital Impr . /Maint. Fund
1,806 TRUE FABRICATIONS Transportation Den Road Liquor Store
1,697 AL'S COFFEE Merchandise for Resale Concessions
1,648 METRO SALES INCORPORATED*Other Rentals General
1,619 GENESIS EMPLOYEE BENEFITS, INC Other Contracted Services Health and Benefits
1,618 VAN PAPER COMPANY Cleaning Supplies City Hall - CAM
1,593 WALL TRENDS INC Contract Svcs - General Bldg Park Shelters
1,578 CORPORATE EXPRESS Office Supplies Police
1,500 MEALS ON WHEELS Other Contracted Services Housing and Community Service
1,417 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store
1,414 FOURTH JUDICIAL DISTRICT Printing Police
1,412 FORCE AMERICA Equipment Parts Fleet Operating
1,390 WINE COMPANY, THE Transportation Den Road Liquor Store
1,390 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating
1,363 WM MUELLER AND SONS INC Gravel Water System Maintenance
1,356 NEW WORLD SYSTEMS Other Assets CIP - Bonds
1,347 JANETSKI, BETH Other Contracted Services Winter Theatre
1,326 WORLD CLASS WINES INC Transportation Den Road Liquor Store
1,298 PRAIRIE LAWN AND GARDEN Capital Under $10,000 Utility Operations -General
1,283 EMPLOYERS ASSOCIATION INC Other Contracted Services Human Resources
1,282 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store
1,272 SURLY BREWING CO Beer Den Road Liquor Store
1,235 GRACE CHURCH Training Supplies Police
1,215 GENUINE PARTS COMPANY Equipment Repair & Maint Park Maintenance
1,211 STREICHERS Clothing & Uniforms Police
1,143 FLEET MAINTENANCE INC Equipment Repair & Maint Fleet Operating
1,116 BUCK, NATHAN Other Contracted Services Basketball
1,115 GRAPE BEGINNINGS Transportation Prairie View Liquor Store
1,098 HOHENSTEINS INC Beer Prairie View Liquor Store
1,049 HACH COMPANY Laboratory Chemicals Water Treatment Plant
1,007 PANNIER Other Contracted Services Environmental Education
1,005 MN TRANSPORTATION ALLIANCE Dues & Subscriptions Engineering
934 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
930 LEAGUE MN CITIES INS TRUST Insurance WAFTA
925 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
900 DAKOTA COUNTY TECHNICAL COLLEG Tuition Reimbursement/School Fire
888 KEEPERS Clothing & Uniforms Police
853 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
850 PETTY CASH Mileage & Parking Therapeutic Rec Administration
849 PRIOR WINE COMPANY Transportation Prairie Village Liquor Store
848 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
840 MN CHIEFS OF POLICE Tuition Reimbursement/School Police
819 FERRELLGAS Gas Dorenkemper House
813 KOPISCHKE, MICHAEL R Other Contracted Services Broomball
799 UNIFORMS UNLIMITED Clothing & Uniforms Police
781 VANDENBERGHE, MARK Travel Expense Fire
780 POLARIS GROUP INC Other Contracted Services Storm Drainage
Amount Vendor /Explanation Account Description Business Unit Explanation
757 EARL F ANDERSEN INC Signs Traffic Signs
740 VALLEY NAT'L GASES-LOC 93 Equipment Parts Fleet Operating
740 ZIEGLER INC Contract Svcs - Fire /Life/Safe Public Works/Parks
733 CHANHASSEN DINNER THEATRE Special Event Fees Trips
721 BOYER TRUCKS Equipment Parts Fleet Operating
711 COSTCO Miscellaneous Police
694 SCHARBER & SONS Equipment Parts Fleet Operating
693 SIGNSOURCE Other Contracted Services City Council
688 ALTERNATIVE BUSINESS FURNITURE Capital Under $10,000 Furniture
660 BOMA MINNEAPOLIS Dues &Subscriptions General Facilities
652 ZEP MANUFACTURING CO Equipment Parts Fleet Operating
652 VINOCOPIA Transportation Den Road Liquor Store
642 ETICA FAIR TRADE Wine Imported Prairie Village Liquor Store
625 BAYER PHOTOGRAPHY Other Contracted Services Communications
625 JAMES J HILL Tuition Reimbursement/School Fire
600 MPCA Conference Expense Sewer Liftstation
600 ZOTA SAFETY SERVICES LLC Tuition Reimbursement/School Fire
600 MICHAELSON, ELIZABETH H Other Contracted Services Winter Theatre
600 RAVEY, LEANNE Other Contracted Services Winter Theatre
600 SMITH ,SHELLEY Other Contracted Services Winter Theatre
600 JEFFERSON FIRE & SAFETY INC Operating Supplies Fire
599 WELLS FARGO MINNESOTA N A SS & Medicare Health and Benefits
589 SNAP-ON TOOLS Small Tools Water Treatment Plant
589 BLOOMINGTON SECURITY SOLUTIONS Repair & Maint .Supplies Arts Center
588 FIELDSTONE VINEYARDS Wine Domestic Prairie View Liquor Store
583 GLENROSE FLORAL AND GIFT SHOPS Deposits Escrow
581 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant
575 INDEPENDENT SCHOOL DISTRICT NO General 494 Corridor Commission
569 STREICHERS Clothing & Uniforms Animal Control
568 WATERDROP INNOVATIONS Other Contracted Services Storm Drainage
555 REBS MARKETING Other Contracted Services Water Accounting
550 ROGERS, KYLE Other Contracted Services Broomball
548 REBS MARKETING Other Contracted Services Water Accounting
545 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store
543 THE OASIS GROUP Employee Assistance Organizational Services
543 PAT KERNS WINE MERCHANTS Transportation Prairie View Liquor Store
542 GE CAPITAL Other Rentals General
526 EHLER, DAN AR Utility Water Enterprise Fund
525 ZIEGLER INC Equipment Parts Fleet Operating
524 PRAIRIE OFFSET PRINTING Printing Park Maintenance
522 TWIN CITY FILTER SERVICE INC Supplies - HVAC City Hall - CAM
516 UNIFORMS UNLIMITED Clothing & Uniforms Police
515 CRM LEARNING Training Supplies Organizational Services
512 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair & Maint Water Treatment Plant
512 HOBART Contract Svcs - Garden Romm Garden Room Repairs
506 PEPSI COLA COMPANY Merchandise for Resale Concessions
505 GRAINGER Supplies - General Bldg Outdoor Center Facilities
Amount Vendor /Explanation Account Description Business Unit Explanation
503 HAYDEN-MURPHY EQUIPMENT COMPAN Equipment Parts Fleet Operating
500 WILKUS ARCHITECTS INC Contract Svcs - General Bldg General Facilities
500 BLAKELY, PAUL Other Contracted Services Winter Theatre
500 LUSHINE, PEGGY E Other Contracted Services Winter Theatre
484 CLAREYS INC Safety Supplies Fleet Operating
482 EF JOHNSON Contract Svcs - General Bldg General Community Center
465 SNAP-ON TOOLS Small Tools Fleet Operating
465 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating
463 TBEI INC Equipment Parts Fleet Operating
463 COLOR PRINTING Printing Police
462 VISTAR CORPORATION Merchandise for Resale Concessions
462 CONTINENTAL SAFETY EQUIPMENT Equipment Testing/Cert.Sewer System Maintenance
461 GE CAPITAL Other Rentals General
455 FDIC Conference Expense Fire
455 TBEI INC Equipment Parts Fleet Operating
451 MIDWAY INDUSTRIAL SUPPLY CO IN Supplies - General Bldg Fire Station #4
438 HENRY, PAUL Other Contracted Services Broomball
435 NEPM - ASI # 279381 Fire Prevention Supplies Fire
432 RICHFIELD, CITY OF Machinery &Equipment Capital Outlay Parks
431 USBANK Paying Agent G.O. Improvement Bonds 2003D
426 PRIOR WINE COMPANY Transportation Prairie View Liquor Store
424 AMERIPRIDE LINEN & APPAREL SER Safety Supplies Prairie Village Liquor Store
421 VESSCO INC Equipment Parts Water Treatment Plant
410 ROOT 0 MATIC Contract Svcs - Plumbing Fire Station #3
400 ETICA FAIR TRADE Wine Imported Den Road Liquor Store
389 GENERAL GROWTH PROPERTIES LP-E Building Rental Housing and Community Service
388 SIEMENS BUILDING TECHNOLOGIES Contract Svcs - HVAC General Community Center
385 MEDICINE LAKE TOURS Special Event Fees Trips
385 TRUE FABRICATIONS Operating Supplies Wine Club
383 FSH COMMUNICATIONS LLC Telephone Miller Park
371 PETTY CASH-POLICE DEPT Investigation Travel Police
371 CAT & FIDDLE BEVERAGE Wine Domestic Prairie Village Liquor Store
370 INTERNATIONAL FIRE PROTECTION Other Contracted Services Prairie Village Liquor Store
362 CDW GOVERNMENT INC.Other Hardware IT Operating
362 PC MALL Equipment Repair & Maint IT Operating
353 VTI Equipment Repair & Maint Wireless Communication
350 HAYEN, LINDA Other Contracted Services Winter Theatre
348 ENVIROSOTA INC Waste Disposal Fleet Operating
344 DECORATIVE DESIGNS INC Grounds Maintenance Utility Operations -General
342 SOLUTION BUILDERS General 494 Corridor Commission
330 FIRE SAFETY USA INC Safety Supplies Fire
326 METRO SALES INCORPORATED*Printing Fire
325 JOHN E REID & ASSOCIATES Tuition Reimbursement/School Police
317 ASPEN EQUIPMENT CO.Equipment Parts Fleet Operating
316 CUB FOODS EDEN PRAIRIE Training Supplies Police
313 MINNESOTA VALLEY ELECTRIC COOP Electric Sewer Liftstation
310 POSTAGE BY PHONE RESERVE ACCOU Postage General
Amount Vendor /Explanation Account Description Business Unit Explanation
308 AVI SYSTEMS INC Equipment Repair & Maint Communications
306 NORTH STAR PUMP SERVICE Other Contracted Services Sewer Liftstation
304 EXPRESS PERSONNEL SERVICES General 494 Corridor Commission
300 BUCK, JEFFERY Other Contracted Services Basketball
300 WSIN-SD-LECC Tuition Reimbursement/School Police
288 BRW ENTERPRISES Wine Domestic Den Road Liquor Store
281 KNUDSEN, ALLYSON Facility Rentals 2nd Sheet of Ice
280 INNOVATIVE GRAPHICS Miscellaneous Police
268 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store
265 DEPT OF NATURAL RESOURCES Licenses, Permits, Taxes Utility Operations -General
261 MINNESOTA PRINT MANAGEMENT LLC Operating Supplies Finance
260 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General
253 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
252 NORTHWEST BUSINESS SYSTEMS Other Contracted Services IT Telephone
250 ROREM, ANN M Instructor Service Arts Center
245 SUBURBAN TIRE WHOLESALE INC Tires Fleet Operating
236 M. AMUNDSON LLP Transportation Prairie Village Liquor Store
225 MINNESOTA DEPT OF PUBLIC SAFET Conference Expense Fire
222 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
221 SHAMROCK GROUP, INC - ACE ICE Transportation Prairie View Liquor Store
221 MIDWEST FUELS INVER GROVE HTS Contract Svcs - Fire /Life/Safe Police City Center
219 HENRY, PAUL Other Contracted Services Broomball
217 SEELYE Equipment Parts Water Treatment Plant
216 HERRIG, JEFF Other Contracted Services Basketball
216 RAY, LEE Other Contracted Services Basketball
216 BECKER ARENA PRODUCTS INC Repair & Maint -Ice Rink Ice Arena Maintenance
209 VINOCOPIA Transportation Den Road Liquor Store
203 ANCHOR PRINTING COMPANY Printing Fire
200 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
200 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes /Programs/Events
200 ANDERSON, BRYAN E Other Contracted Services Broomball
200 MCFOA Conference Expense City Clerk
200 ELVIN SAFETY LLC Equipment Repair & Maint Fire
199 TWIN CITY FILTER SERVICE INC Supplies - HVAC General Community Center
192 DENNISTON, CYRENA Other Contracted Services Basketball
187 ASPEN MILLS Clothing & Uniforms Fire
184 MENARDS Operating Supplies Ice Arena
181 MEREDITH KATE General 494 Corridor Commission
180 CITY ENGINEERS ASSOC OF MINNES Dues &Subscriptions Engineering
180 WESTSIDE EQUIPMENT Equipment Repair & Maint Fleet Operating
176 G & K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations -General
170 CTS CLEANERS TAILOR & SHOE REP Equipment Repair & Maint Police
165 JANEX INC Supplies - General Bldg Outdoor Center Facilities
164 TARPS INC Equipment Repair & Maint Park Maintenance
162 BLACK & DECKER, USPTG Equipment Repair & Maint Park Maintenance
161 ERGOMETRICS Employment Support Test Organizational Services
156 CUSHMAN MOTOR COMPANY INC.Equipment Parts Fleet Operating
Amount Vendor /Explanation Account Description Business Unit Explanation
156 ADMINISTRATION RESOURCES CORP Other Contracted Services Health and Benefits
154 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store
154 METROPOLITAN FORD Equipment Parts Fleet Operating
150 EDEN PRAIRIE CHAMBER OF COMMER Advertising Den Road Liquor Store
150 NATIONAL TACTICAL OFFICERS ASS Dues &Subscriptions Police
150 SUND, WESLEY Refunds Environmental Education
149 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
147 ITS A KEEPER Awards Internal Events
141 STANLEY SECURITY SOLUTIONS INC Supplies - Security General Community Center
141 AMERIPRIDE LINEN & APPAREL SER Repair & Maint.Supplies Prairie View Liquor Store
140 G & K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations -General
140 MINNESOTA TRADE OFFICE Miscellaneous Reserve
138 FORDAHL, TAMARA Other Contracted Services Volleyball
137 WELLS FARGO BANK General 494 Corridor Commission
134 VINO SOURCE, THE Wine Imported Den Road Liquor Store
131 MADISON, MELISSA General 494 Corridor Commission
128 RCM & ASSOCIATES Operating Supplies Fleet Operating
126 EARL F ANDERSEN INC Signs Traffic Signs
124 STAYWELL COMPANY, THE Recreation Supplies Pool Lessons
122 SCHARBER & SONS Equipment Parts Fleet Operating
121 EDEN PRAIRIE CHAMBER OF COMMER Operating Supplies Arts
120 MINNESOTA FIRE SERVICE CERTIFI Employment Support Test Fire
120 RIPPE PRINT COMMUNICATIONS Printing Arts Center
119 CORNERSTONE Tuition Reimbursement/School Police
119 GROTH MUSIC Operating Supplies Community Band
118 PAULSEN, CAROLE Accounts Receivable Community Center Admin
117 BOUND TREE MEDICAL LLC Safety Supplies Fire
113 TROPICANA CHILLED DSD Merchandise for Resale Concessions
112 NUCO2INC Chemicals Pool Maintenance
111 SHRED-IT Waste Disposal City Center Operations
111 INDUSTRIAL AND RESIDENTIAL LIG Repair & Maint .Supplies Utility Operations -General
108 RAY, LEE Other Contracted Services Basketball
106 SEPER, JULIA Facility Rentals Birthday Parties
103 LINDAHL, DAVID Mileage & Parking Economic Development
102 TRI COUNTY BEVERAGE & SUPPLY Beer Den Road Liquor Store
100 BERG ,RONALD Refunds Environmental Education
100 BERRY, JACK Deposits Community Center Admin
100 BORG ,MICHAEL Refunds Environmental Education
100 BROOKLYN PARK POLICE DEPARTMEN Tuition Reimbursement/School Police
100 MINNESOTA DEPT OF LABOR AND IN Contract Svcs - Elevator Senior Center
100 MRPA Employment Advertising Organizational Services
100 RHODES, BRIAN Refunds Environmental Education
100 SHOVELSON, JEFF Refunds Environmental Education
100 TRENDA, STACY Refunds Environmental Education
100 YURKEW, JR, DAVID ALLEN Other Contracted Services Trips
100 EDEN PRAIRIE CHAMBER OF COMMER General 494 Corridor Commission
100 CLIFTON, STEVE Refunds Environmental Education
Amount Vendor /Explanation Account Description Business Unit Explanation
100 NEILSON, JANET Refunds Environmental Education
96 HOWARD, DENNIS J Other Contracted Services Basketball
96 MINNESOTA DEPT OF HEALTH Licenses & Taxes Water Treatment Plant
96 HERRIG, JEFF Other Contracted Services Basketball
96 REID, DEVIN M Other Contracted Services Basketball
93 JENSEN, DON Training Supplies Fire
92 VERIZON WIRELESS General 494 Corridor Commission
92 CRIPE, JACQUELYN V Other Contracted Services Volleyball
89 AT&T MOBILITY Pager & Cell Phone Water System Maintenance
86 METRO FIRE Repair & Maint .Supplies Fire
85 TROPICANA CHILLED DSD Merchandise for Resale Concessions
85 MINNESOTA REAL ESTATE JOURNAL Dues &Subscriptions Assessing
85 TWIN CITY AREA LABOR MGMT COUN Conference Expense Engineering
83 CULLIGAN BOTTLED WATER Operating Supplies Fire
82 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
80 TRI COUNTY BEVERAGE & SUPPLY Beer Prairie View Liquor Store
80 LINDAHL, DAVID Mileage & Parking Economic Development
74 OSI BATTERIES INC Equipment Parts Fleet Operating
72 EVERDING, JORDON Other Contracted Services Basketball
72 VWR INTERNATIONAL INC Laboratory Chemicals Water Treatment Plant
71 DIXON, KATY Training Supplies Fire
71 POULIQUEN, BEN Training Supplies Fire
71 US POSTMASTER - HOPKINS Postage Senior Center Administration
69 NETA Tuition Reimbursement/School Fitness Classes
69 MINNESOTA POLLUTION CONTROL AG Licenses & Taxes Sewer Utility -General
64 MERLINS ACE HARDWARE Operating Supplies Street Maintenance
63 NELSON, ROBIN General 494 Corridor Commission
62 BLOOMINGTON, CITY OF Other Contracted Services Park Maintenance
61 SOUTHWEST SUBURBAN PUBLISHING-Legal Notices Publishing City Clerk
58 HEARTH & HOME TECHNOLOGIES Mechanical Permits General Fund
56 AMERICAN RED CROSS Licenses ,Permits, Fees Pool Lessons
56 KEATING, MARY Mileage & Parking Housing and Community Service
55 ABLE HOSE & RUBBER INC Small Tools Water Treatment Plant
54 QWEST Telephone Prairie Village Liquor Store
54 SIREK, SCOTT Training Supplies Fire
52 ENGELMAN, VIRGINIA Accounts Receivable Community Center Admin
52 FORBROOK, CINDY Accounts Receivable Community Center Admin
52 MILES, SHARON Accounts Receivable Community Center Admin
52 TRAGAR, CAROL Accounts Receivable Community Center Admin
52 KEEPERS Employee Award Internal Events
51 FASTENAL COMPANY Supplies - Electrical Den Bldg. - CAM
51 GINA MARIAS INC Operating Supplies Reserves
50 RYLANCE, ROBERT Refunds Environmental Education
50 LIBERTY TIRE RECYCLING - MN Equipment Repair & Maint Fleet Operating
49 AMERICAN PRESSURE INC Equipment Parts Sewer Utility -General
48 FEDEX Equipment Repair & Maint Wireless Communication
47 EDEN PRAIRIE WINLECTRIC Operating Supplies Street Lighting
Amount Vendor / Explanation Account Description Business Unit Explanation
46 BLACK, PEGGY Sales Tax Payable General Fund
45 MINNESOTA CHAMBER OF COMMERCE Miscellaneous City Council
43 J P COOKE CO, THE Operating Supplies Engineering
42 MCGRAW-HILL CONSTRUCTION ENR Dues & Subscriptions Engineering
41 STATE SUPPLY COMPANY Supplies - Plumbing City Hall - CAM
40 SHRIKHANDE, PRASHANT & ULKA Deposits Community Center Admin
40 SHUMWAY, JEREMY & KELLIE Deposits Community Center Admin
40 BRAGG, ANNALISA Instructor Service Outdoor Center
40 HICKMAN, JON Instructor Service Outdoor Center
38 JANEX INC Supplies - General Building City Center Operations
38 SOUTHWEST OUTDOOR POWER Equipment Repair & Maint Park Maintenance
37 EDEN PRAIRIE WINLECTRIC Operating Supplies Street Lighting
33 CUB FOODS EDEN PRAIRIE Miscellaneous Police
33 OLSEN COMPANIES Equipment Parts Fleet Operating
30 NEW FOGEY FOLLIES Special Event Fees Trips
29 BATTERIES PLUS Operating Supplies Park Maintenance
25 DOTY, JESSICA ANN Other Contracted Services Basketball
25 MCTIGUE, TERENCE Sales Tax Payable General Fund
25 SOUTHWEST TRANSIT General 494 Corridor Commission
21 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations -General
20 WELLS FARGO BANK General 494 Corridor Commission
20 KRAEMERS HARDWARE INC Supplies - General Bldg General Community Center
20 HOEBELHEINRICH,ROBERT Deposits Community Center Admin
20 HUSABY, BRIGITTE Deposits Community Center Admin
20 LARSON, ARVID Deposits Community Center Admin
20 LUBARATOVICH, MICHAEL Deposits Community Center Admin
20 MARIOTTI, DONALD Deposits Community Center Admin
20 PETERSON, GERALDINE Deposits Community Center Admin
20 RADDE, JACQUELINE Deposits Community Center Admin
20 SACKETT, MARLIN Deposits Community Center Admin
20 TANUBARATA, RENDY Deposits Community Center Admin
20 INTERNET EXPOSURE INC General 494 Corridor Commission
12 CULLIGAN BOTTLED WATER General 494 Corridor Commission
9 KADLEC, EVELYN Accounts Receivable Community Center Admin
8 SPEAK, HEIDI Org Athletic League Fees Racquetball
3 FORCE AMERICA Equipment Parts Fleet Operating
1,903,969 Grand Total
CITY COUNCIL AGENDA DATE
SECTION:Report of council member Jon Duckstad February 26, 2009
DEPARTMENT /DIVISION :ITEM DESCRIPTION:
Council member 2009 Budget
Requested Action
ITEM NO:
No immediate action is required;however,request timely
consideration be given to delaying scheduled 2009 capital
improvement projects due to economic conditions and/or revenue
uncertainty.
Synopsis
The City Manager is to be commended for promptly calling our
attention to anticipated City revenue shortfalls resulting from a
contracting development market that could adversely affect funding
our 2009 operating budget. We should also consider the likelihood
of a decline 1 in revenue to pay 2009 capital improvement projects.
Therefore, there appears to be a need to immediately consider
delaying a significant number of 2009 capital projects until our
economy is strengthened.
1 A decline in CIP revenue may include: a) Less revenue
generated from Eden Prairie liquor stores in 2009 due to the
economy.b)Less interest income generated from fund balances
normally placed in CIP funds. c) No homestead credit refunds from
State of Minnesota expected.d)Probability of contraction of
revenue left over or not used from annual City operating budget.