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HomeMy WebLinkAboutCity Council - 07/21/2009 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JULY 21, 2009 CITY CENTER 5:00—6:25 PM, HERITAGE ROOM II 6:30 —7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Ron Case, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. JOINT MEETING WITH THE EDEN PRAIRIE HISTORICAL SOCIETY Council Chamber II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JULY 21, 2009 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Jon Duckstad, Kathy Nelson, and Ron Case CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Jay Lotthammer, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL /CALL THE MEETING TO ORDER II. COLOR GUARD /PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. NINE MILE CREEK WATERSHED DISTRICT B. EDEN PRAIRIE HISTORICAL SOCIETY C. ART CENTER DONATION FROM LION'S CLUB D. HEARTSAFE EDEN PRAIRIE RECOGNITION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,JUNE 16, 2009 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. BUDGET ADVISORY COMMISSION 2009 WORK PLAN VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE SECTION 9.07 RELATING TO DANGEROUS DOGS C. PARTIAL RELEASE OF DEVELOPMENT AGREEMENT FOR EDEN BLUFFS CITY COUNCIL AGENDA July 21, 2009 Page 2 D. ADOPT RESOLUTION RELATING TO ISSUANCE OF GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2009B FOR$2,455,000 E. ADOPT RESOLUTION AWARDING CONSTRUCTION CONTRACT FOR FLYING CLOUD DRIVE TRAIL PROJECT TO NORTHWEST ASPHALT, INC. F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR CONSTRUCTION PHASE SERVICES FOR FLYING CLOUD DRIVE TRAIL PROJECT G. ADOPT RESOLUTION APPROVING COST PARTICIPATION AGREEMENT WITH HENNEPIN COUNTY FOR THE FLYING CLOUD DRIVE TRAIL IMPROVEMENTS H. APPROVE SERVICE AGREEMENT WITH MOTOROLA FOR ONGOING SERVICE OF THE 911 DISPATCH CONSOLE SYSTEM I. AWARD CONTRACT FOR 2009 BUILDING ENVELOPE PROJECTS TO RESTORATION SYSTEMS, INC. J. APPROVE SECOND AMENDMENT TO THE PRAIRIE VIEW LIQUOR STORE LEASE K. APPROVE AGREEMENT WITH SCOTT W. BAKER ASSOCIATES FOR PRAIRIE VIEW LIQUOR STORE RELOCATION AND EXPANSION L. AWARD BID FOR CUMMINS GRILL/STARING EAST PARKING RECONSTRUCTION PROJECT TO DOBOSZENSKI & SONS,INC. FOR $375,496.02 FOR THE BASE BID PLUS $21,880 FOR ALTERNATE #1 AND $33,124 FOR ALTERNATE #2 M. APPROVE CONTRACT WITH HTPO FOR CONSTRUCTION ADMINISTRATION OF CUMMINS GRILL BALLFIELDS & PARKING IMPROVEMENTS N. AWARD OF CONTRACT FOR PLAYGROUND EQUIPMENT AT HOMEWARD HILLS PARK TO WEBBER RECREATIONAL DESIGN, INC. O. DIRECT STAFF TO NOT WAIVE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ESTABLISHED BY MINNESOTA STATUTES 466.04 CITY COUNCIL AGENDA July 21, 2009 Page 3 IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF DRAINAGE AND UTILITY EASTMENTS OVER PORTION OF GARRISON FOREST SECOND ADDITION (Resolution) B. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 11.51 RELATING TO STANDARDS FOR PROTECTION OF WETLANDS X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS A. REQUEST FOR ADDITIONAL GRAVE MARKER AT PLEASANT HILL CEMETERY XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Council Member Duckstad—Budgets: CIP & Operations B. REPORTS OF CITY MANAGER 1. City Attorney Selection Process 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 July 21, 2009 Page 7 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. ANNOTATED AGENDA DATE: July 17, 2009 TO: Mayor and City Council FROM: Scott Neal, City Manager RE: City Council Meeting for Tuesday, July 21 2009 TUESDAY,JULY 21, 2009 7:00 PM, COUNCIL CHAMBER I. 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. NINE MILE CREEK WATERSHED DISTRICT Nine Mile Creek Watershed District Board Member Corinne Lynch will present the City Council with copies of the Watershed District's new book on the history of the watershed. B. EDEN PRAIRIE HISTORICAL SOCIETY C. ART CENTER DONATION FROM LION'S CLUB Synopsis: The Eden Prairie Lions Club is donating $1,522.00 to assist with funding for equipment at the Art Center. In addition to supporting the fundraising efforts of the Friends of the Eden Prairie Art Center, city staff continues to seek donations through community groups and grant opportunities. To date, city staff has recruited and raised nearly$50,000. The Lions Club has had a long history of supporting recreational opportunities within the community and is continuing to do so with their commitment towards the Art Center. ANNOTATED AGENDA July 21, 2009 Page 2 MOTION: Move to accept the donation from the Eden Prairie Lions Club in the amount of $1,522 to assist with funding for equipment at the Art Center. D. HEARTSAFE EDEN PRAIRIE RECOGNITION Two employees and one member of Lifetime Fitness on Baker Road will be recognized for saving the life of Connie Schilling, who suffered cardiac arrest while at the facility Wednesday, June 24. Steve Koering will introduce the presentation and talk about HeartSafe Eden Prairie. Mayor Young will present the three honorees with pins/plaques in recognition of their efforts. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. CITY COUNCIL MEETING HELD TUESDAY, JUNE 16, 2009 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. BUDGET ADVISORY COMMISSION 2009 WORK PLAN Synopsis: The Work Plan addresses BAC strategy and proposed activities of the Commission in 2009. The BAC determined a more formal strategy and work plan would help the commission's effectiveness. The Commission will update the Work Plan annually and present it to the City Council for approval. The Budget Advisory Commission will present to the City Council at its July 21, 2009 meeting on its strategy and work plan. The BAC will operate as an advisory body regarding finance and budgetary issues. Not only will the budget be specifically reviewed but also financial matters that can have an impact on the budget and the financial health of the City. A sub-committee of three BAC members and the staff liaison met to develop the Work Plan. At its June 23rd meeting, the BAC voted unanimously(5 to 0 vote) to approve the Work Plan. Two members were absent. Some of the Commission's 2009 activities and areas of review could include the following: • Quarterly financial and operational performance including year-over-year same period comparisons (Revenue and Expense) • Previous year's financial performance and annual audit • City financials to comparable cities ANNOTATED AGENDA July 21,2009 Page 3 • City debt structure and investment performance • Special Projects/Assignments from City Council • Proposed biennial budget • CIP and project financials/outcomes • City staff work plan for upcoming year • Outsourcing of Services • On-going financial commitments • Staffing • Wages/Benefits • Fund Balances • Third party contracts/contractors • City owned real estate/buildings • All projects budgeted at $200,000 or more and are 5% or more over budget • Any proposed new 'out of budget cycle' liabilities and/or acquisitions before any formal action is taken by the Council • Other topics determined during BAC meetings and process MOTION: move to approve the Budget Advisory Commission 2009 Work Plan. VIII. CONSENT CALENDAR MOTION: Move approval of items A-O on the Consent Calendar. A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE SECTION 9.07 RELATING TO DANGEROUS DOGS C. PARTIAL RELEASE OF DEVELOPMENT AGREEMENT FOR EDEN BLUFFS D. ADOPT RESOLUTION RELATING TO ISSUANCE OF GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2009B FOR$2,455,000 E. ADOPT RESOLUTION AWARDING CONSTRUCTION CONTRACT FOR FLYING CLOUD DRIVE TRAIL PROJECT TO NORTHWEST ASPHALT,INC. F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR CONSTRUCTION PHASE SERVICES FOR FLYING CLOUD DRIVE TRAIL PROJECT G. ADOPT RESOLUTION APPROVING COST PARTICIPATION AGREEMENT WITH HENNEPIN COUNTY FOR THE FLYING CLOUD DRIVE TRAIL IMPROVEMENTS ANNOTATED AGENDA July 21,2009 Page 4 H. APPROVE SERVICE AGREEMENT WITH MOTOROLA FOR ONGOING SERVICE OF THE 911 DISPATCH CONSOLE SYSTEM I. AWARD CONTRACT FOR 2009 BUILDING ENVELOPE PROJECTS TO RESTORATION SYSTEMS, INC. J. APPROVE SECOND AMENDMENT TO THE PRAIRIE VIEW LIQUOR STORE LEASE K. APPROVE AGREEMENT WITH SCOTT W. BAKER ASSOCIATES FOR PRAIRIE VIEW LIQUOR STORE RELOCATION AND EXPANSION L. AWARD BID FOR CUMMINS GRILL/STARING EAST PARKING RECONSTRUCTION PROJECT TO DOBOSZENSKI & SONS,INC. FOR $375,496.02 FOR THE BASE BID PLUS $21,880 FOR ALTERNATE #1 AND $33,124 FOR ALTERNATE #2 M. APPROVE CONTRACT WITH HTPO FOR CONSTRUCTION ADMINISTRATION OF CUMMINS GRILL BALLFIELDS & PARKING IMPROVEMENTS N. AWARD OF CONTRACT FOR PLAYGROUND EQUIPMENT AT HOMEWARD HILLS PARK TO WEBBER RECREATIONAL DESIGN, INC. O. DIRECT STAFF TO NOT WAIVE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ESTABLISHED BY MINNESOTA STATUTES 466.04 IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF DRAINAGE AND UTILITY EASTMENTS OVER PORTION OF GARRISON FOREST SECOND ADDITION (Resolution) Official notice of this public hearing was published in the July 2, 2009,Eden Prairie News and sent to property three property owners. Synopsis: The Property Owners have requested the vacation of a portion of the underlying Drainage and Utility easements dedicated with the plat of Garrison Forest Second Addition to correct an easement encroachment of their deck. MOTION: Move to: • Close the public hearing; and • Adopt the resolution vacating that certain drainage and utility easement lying 5 feet on each side of, adjacent to and parallel with the common line between Lot 2, Block 4 and Lot 3, Block 4, Garrison Forest Second Addition; except that part thereof lying southerly of a line drawn parallel to, and 5 feet northerly from the southerly line of said Lots. ANNOTATED AGENDA July 21,2009 Page 5 B. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 11.51 RELATING TO STANDARDS FOR PROTECTION OF WETLANDS Official notice of this public hearing was published in the July 2, 2009,Eden Prairie News and sent to property three property owners. Synopsis: City Code Section 11.51 Sections A and B are being amended to consolidate the requirements for completing a wetland delineation, wetland determination and/or no-loss determination onto an application form that is to be completed and submitted to the City for approval. This will provide the city and Applicant an easy-to-use tool to ensure that all the various requirements of the City Code and Wetland Conservation Act are followed for projects that involve wetland conditions. Additional editorial changes were also made to clarify the requirements of these sections. Eden Prairie adopted the wetland protection code on February 10, 2000. The Wetland Protection Code was developed to conserve and protect wetlands and their wetland buffers. The intent is to avoid the alteration and destruction of wetlands and their buffer strips. The Wetland Protection Code serves to supplement MN Rules 8420, commonly called the Wetland Conservation Act(WCA), which provides a set of minimum standards for wetland protection. Sections A and B of City Code Section 11.51, Subdivision 11, entitled"Special Requirements for Wetland Conservation Act(WCA) Services", are being amended to require that the Applicant(developer or consultant) complete and provide to the City an application for any wetland delineation, wetland determination or no-loss determination. The Application will provide a simple way for staff to determine if all the various requirements within the Code section and Wetland Conservation Act are met prior to scheduling a review of the report. Additional editorial changes were made to sections A and B to clarify these requirements. The Planning Commission reviewed the City Code Amendment on June 8, 2009, and was approved with a vote of 6-0. MOTION: Move to: • Close the Public Hearing; and • Approve First Reading of an Ordinance Amending City Code Section 11.51, Standards for Protection of Wetlands X. PAYMENT OF CLAIMS MOTION: Move approval of the Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS ANNOTATED AGENDA July 21,2009 Page 6 XII. PETITIONS, REQUESTS AND COMMUNICATIONS A. REQUEST FOR ADDITIONAL GRAVE MARKER AT PLEASANT HILL CEMETERY Synopsis: City staff has received a request from Ms. Judy Clark and Mr. Bruce Clark to add a second marker to a gravesite occupied by Thomas and Pansy Clark and the cremated remains of Thomas and Pansy's grandson Thomas Clark. Currently, the gravesite has a marker that takes up the allotted space allowed by cemetery rules. An additional marker has been made for Thomas Clark and it is their request that the marker be placed on the grave. The current regulations allow only one marker per site. The City Council is the authority for modifying or making exceptions to the cemetery rules. The current rules and regulations were recently reviewed by the Cemetery Task Force and reviewed with the City Council. These types of requests have been brought forward in the past, but on an infrequent basis. MOTION: Move to: Approve the request by Ms. Judy Clark and Mr. Bruce Clark as an exception to current rules to allow a second maker to be placed on the gravesite occupied by Thomas and Pansy Clark and their grandson Thomas Clark. OR Move to: Move to deny the request by Ms. Judy Clark and Mr. Bruce Clark to allow a second maker to be placed on the gravesite occupied by Thomas and Pansy Clark and their grandson Thomas Clark. XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS 1. Council Member Duckstad—Budgets: CIP & Operations B. REPORTS OF CITY MANAGER 1. City Attorney Selection Process Synopsis: The current contracts for City Attorney and Prosecuting Attorney Services are set to expire at the end of December 2009. The City Council has directed staff to conduct a Request for Proposal (RFP)process for each of the two services. The two processes will run concurrently with two contracts ANNOTATED AGENDA July 21,2009 Page 7 being awarded at the end of the process. A draft timeline is attached to this letter for the Council's review and approval. The proposed process is modeled after the 2006 Prosecuting Attorney Services RFP process. Staff proposes sending RFPs to law firms who submitted proposals to the City during the 2006 process and any other law firm that requests one. Notice of the RFP will be posted on the City's website, the Eden Prairie News and the Star Tribune. Staff requests that the proposals be submitted to the City by August 21. The City Manager will then select finalist firms who will be interviewed by the City Manager and Police Chief in mid-late September. Staff plans to bring a recommendation to the City Council at its October 6 meeting. MOTION: Move to approve the attached timeline and Request for Proposal for City Attorney and Prosecuting Attorney Services. 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. CITY COUNCIL AGENDA DATE: SECTION: Presentations and Proclamations July 21, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.C. Jay Lotthammer, Director, Eden Prairie Lions Club Donation Parks and Recreation Motion Move to: Accept the donation from the Eden Prairie Lions Club in the amount of$1,522.00 to assist with funding for equipment at the Art Center. Synopsis The Eden Prairie Lions Club is donating $1,522.00 to assist with funding for equipment at the Art Center. Background In addition to supporting the fundraising efforts of the Friends of the Eden Prairie Art Center, city staff continues to seek donations through community groups and grant opportunities. To date, city staff has recruited and raised nearly$50,000. The Lions Club has had a long history of supporting recreational opportunities within the community and is continuing to do so with their commitment towards the Art Center. Attachment Copy of Checks --- ---.--- -- ' 8431 EDEN PRAIRIE LIONS CLUB ;I:I P 0 Box 44364 75-788/919 I Eden Prairie,MN 55344 -ZZ_ p di 11;1 C Date Pay to the p o Order+of C�i7 ? &dee /3izz 1A-1-e I $ tc'72.d 6 '• �! A0k k- vF€a ,g, .�� /ffewDollars n 7„a,,o. '., FLAGSHIP/d BANK 7525 OFFICE RIDGE CIRCLE EDEN PRAIRIE,MN 55344.3644 rl (952)944-6050 r j� _ ,� + ,€ For ifC' �41 ' ��/} ��f�-s'd 1 I:09 190 788 21: 2Sim 1S 160 8431 Harland Clarks GUAMAN SAF Era 9LLIE EDEN PRAIRIE LIONS CLUB 8430 P 0 Box 44364 75-7881919 Eden Prairie,MN 55344 j 4 --27 -a f Date Pay to the ,p °� Order of L< 7� Eleid Pi—rzGr<-,6 I $ 8 6-6 r 0 0 • --1� / J / / Dee,l L` v (� 2i1�}jr dr- 1/l Dollars er„.:a FLAGSHIP/AirBANK ;; 7525 OFFICE RIDGE CIRCLE EDEN PRAIRIE,MN 55344-3644 1: 5452)944-60E0 3 For...__..--y/r�,lti /roAr L -z¢U G-.) lieL-f+ i:09 190 788 21: 2SIN i51EIS' 8430 HailaM Ciahe VY.GUAR.,AN SrIFETYe 6 W E ITEM NO.: VI.A. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JUNE 16, 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 S cott N eal, Parks & Recreation Director Jay Lotthammer, Public Works D irector Eugene Dietz, Community Development D irector J anet J eremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:00 PM. All Council Members were present. II. COLOR GUARD /PLEDGE OF ALLEGIANCE Mayor Young thanked Boy Scout Pack 342, sponsored by United Methodist Church, for presenting the colors tonight. III. OPEN PODIUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Young added Item XIV.A.2. MOTION: Duckstad moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. V. PROCLAMATIONS/PRESENTATIONS A. RECOGNITION OF NEW CERT VOLUNTEERS Fire Chief Esbenson said we are recognizing 26 new CERT members tonight, which brings the total number of CERT volunteers in the City to 125. Assistant Chief Parker described the history of the CERT program and reviewed the extensive training the volunteers undergo. Captain Carlson introduced the new volunteers as they came forward to receive their certificates. Mayor Young thanked all the volunteers who participate in the CERT program. B. CHINA TRIP PRESENTATION Economic Development Director Lindahl presented a PowerPoint overview of the trip he and Mayor Young made to China in March. He reviewed the history of the relationship between the City of Eden Prairie and the city of Loudi, China. He said CITY COUNCIL MINUTES June 16,2009 Page 2 during the trip exchange agreements were signed between the schools, the Chambers of Commerce and the two cities. He noted it was a fascinating trip and was very well received. VI. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, MAY 19, 2009 MOTION: Case moved, seconded by Duckstad, to approve the minutes of the City Council Meeting held Tuesday, May 19, 2009, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. PARKS,RECREATION & NATURAL RESOURCES COMMISSION Geri Napuck, Chair of the Parks, Recreation &Natural Resources Commission, gave an update on the activities of the commission during the past year, including the goose dispersal program, the grand opening of the Art Center, the Birch Island play structure, a trail assessment, the Miller Park Barrier-Free Playground, Round Lake Baseball Stadium, Staring Lake Amphitheater, and meetings with the Senior Advisory Council to review operations at the Senior Center. She noted the parks and recreation programs received high marks in the Quality of Life survey. She thanked the Council for the opportunity to participate in the analysis of the Senior Center operations and said the Parks Commission recommended the continued operation of the current Senior Center and also recommended the item not be analyzed on an annual basis. She reviewed the plans the commission has for the coming year. B. SENIOR CENTER OPERATIONS OVERVIEW& RECOMMENDATIONS Lotthammer said the Council asked staff to report back after receiving the recommendation from the Budget Advisory Commission(BAC) to look at closing the Senior Center and merging the programs into the current operations of the Community Center. He thanked the members of the Senior Advisory Council for the time they put in to help staff better understand the wishes and desires of the seniors. He noted the Senior Advisory Council meets on a regular basis and is a very active group that has put in over 500 hours of volunteer time. He reviewed the Senior Center facility, noting over$80,000 was spent last year for construction projects to upgrade the Senior Center. Two staff members manage the facility and all of the senior programs throughout the community. He reviewed the programs that take place in the facility and the 2008 revenue and expenses for those programs. He said wages and building operations are the largest share of the expenses, and they try to keep programs affordable to seniors. We have recently enacted some cost reductions in order to operate as efficiently and effectively as possible. CITY COUNCIL MINUTES June 16,2009 Page 3 Lotthammer said the Community Center is somewhat difficult to access compared to the Senior Center. During the summer months the Community Center is especially heavily used, and it is becoming a facility with rental opportunities as more people become aware of the space available there. He said many of the ongoing activities at the Senior Center are stored there from week to week but that would not be possible at the Community Center. He also thought if the Senior Center were closed it is a difficult time to find another use for the building. There would also be a loss of revenue from the cell tower leases at the building, and the Community Center would lose rental opportunities. He said the Community Center has space for some of the senior programs some of the time but not all of the programs. Lotthammer said they met with the Senior Advisory Council and formulated a recommendation to continue operation of the Senior Center as a separate facility because it has better traffic access,better and closer parking spaces,better access in the building and it has accommodations for physical limitations. He said they spent two sessions at the Parks Commission talking about the issue. At their last meeting they recommended to continue operation of the Senior Center as a separate facility and also said this is an issue they would like to be put to rest. Aho noted there was a lot of qualitative study and analysis presented, but he asked if there are any more quantitative results or analysis of costs. Lotthammer said he and Paul Sticha, Facilities Manager, sat down and reviewed the costs. He said squeezing some of the activities into the Community Center would result in extra expenses at the Community Center, but overall it was difficult to see what dollars we would save. Costs and revenues would transfer in some cases, but we might see a drop in revenue because he was not sure all the rentals would come over from the Senior Center. He thought there would be some potential savings but also some increased costs. Nelson said it sounds like the best we could hope for was to move part of the programs and asked if it would be possible to move all the programs to the Community Center and still have room for the current programs and rentals there. Lotthammer said many of the programs at the Senior Center are dependent on the facilities there. There are no kitchen facilities nor is there a wood shop at the Community Center like there is at the Senior Center. Moving all of the Senior Center programs to the Community Center would displace some of the existing Community Center programs. Nelson asked if that means we could not close the Senior Center and reproduce all the senior programs at the Community Center. Lotthammer said we could not move all of them and could not continue them in the same way. Young asked about the staff costs at the Senior Center. Lotthammer said there are two full time people that operate the Senior Center: the Senior Center Coordinator, and an administrative person who supports the facility and the programs. Young asked how much of the staffing costs could be eliminated if the senior services were moved to the Community Center. Lotthammer said we added duties on to the two positions after the last reorganization. If they were located in a different place, CITY COUNCIL MINUTES June 16,2009 Page 4 the duties and amount of contact would be very similar to what is happening now. Young asked if we should not assume we would save the full amount of wages if we moved the program. Lotthammer said we would not save the wages as well as the expenses associated with the programs. He said a lot of the $74,000 in facility cost would go away, so that is where the savings would be realized. Young asked about the range of charges for room rentals at the Community Center. Lotthammer said it is $20-$50 per hour. Young asked how many rooms are available for rentals. Lotthammer replied there are four upstairs and two downstairs. Young asked what revenue we achieved last year from room rentals. Lotthammer said we took in about $40,000-$50,000. Young asked if part of the long term goal of the Community Center is to market those rooms. Lotthammer said there are two ways to use those rooms: one is to have our own City programs in there and the revenue for that comes in as programs and isn't reflected in rental dollars; and the second is by private rental of the rooms which gets coded as rental dollars. He said the revenue is probably at about 70% for programs and 30% for rentals. Young asked if one of the positions eliminated recently was in the Parks Department. Lotthammer said that was correct, and some of the scheduling and other duties had to be absorbed by other staff members. Case said it was frustrating to him because the entire issue of what to do with the Senior Center initiated out of a cost savings exercise when he thought it should have started as a discussion of what the community values about the Senior Center. He said we scrutinize the budget for other facilities, but we don't discuss getting rid of those facilities. He thought in a city like ours that is aging and in light of our future demographics we should actually have a Task Force to study how to expand the Senior Center and not discuss how to close it. He wanted to be definitive tonight in our support of the Senior Center. Duckstad said the issue of closing the Senior Center came to us from the BAC, and they help the City try to get through the economic turndown. They took a good hard look at it because they want to do what is best for the taxpayers. It has been a healthy thing to take a good look at it, and we owe a duty to take a look at any issue that comes from our commissions. Nelson said most of the costs continue regardless of where the programs are held, and it sounds like we are maybe spending an additional $10-$14,000 a year to have a Senior Center. The Senior Center really provides a value to the City of Eden Prairie for a large segment of the population. She was in agreement with the conclusion that the Parks &Recreation Commission came up with that the Senior Center provides value, is the right place for the programs, and is cost effective. Young said he agreed with Council Member Nelson's conclusion. He agreed there are some costs to run the facility but also that not all the services and programs could be transferred. He thought the analysis was an exercise worth doing, not only because it was a recommendation from the BAC but also it is incumbent on the CITY COUNCIL MINUTES June 16,2009 Page 5 City Council to ask these types of questions. We have to at least have a dialogue to show we are looking into these issues. He thought the Senior Center should stay open and he did not see any value in bringing the issue back. Aho agreed it was good to look at programs and analyze them periodically, and we owe it to our residents to do those reviews. He thought the benefits of keeping the Senior Center open outweigh the small amount of savings that would happen because of closing it. He was also not interested in reviewing this every year; however, a periodic review of all our programs is in order. Young said we don't need a motion on this because all Council Members have made comments and the sentiment is that the Senior Center should stay open. He didn't think the issue will come back to us any time soon. VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE CONTRACT WITH HTPO FOR REDESIGN OF THE STARING LAKE PARK EAST ENTRY,BALLFIELD RECONSTRUCTION & PARKING LOT ADJACENT TO CUMMINS GRILL HOMESTEAD C. APPROVE COOPERATIVE AGREEMENT WITH CITY OF CHANHASSEN FOR DELL ROAD MILL AND OVERLAY PROJECT D. ADOPT RESOLUTION NO. 2009-38 APPROVING PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR FLYING CLOUD DRIVE TRAIL IMPROVEMENTS E. APPROVE ANNUAL REPORT FOR THE PHASE II NPDES STORM WATER PERMIT PROGRAM F. APPROVE ELECTION EQUIPMENT CONTRACT BETWEEN HENNEPIN COUNTY, CITY OF EDEN PRAIRIE AND SCHOOL DISTRICT 272 G. ADOPT RESOLUTION NO. 2009-39 DECLARING PROPERTY AS ABANDONED PROPERTY II. APPROVE NEILL LAKE BERM STUDY I. APPROVE AGREEMENT WITH SEH FOR DESIGN ANALYSIS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR LOWER RILEY CREEK STABILIZATION AND EROSION RESTORATION J. APPROVE FIRE RELIEF ASSOCIATION BYLAW CHANGE Regarding Item VIII.B., Case said he was concerned that Mr. Gertz was the most knowledgeable person about the configuration of the parking lot. He wanted to CITY COUNCIL MINUTES June 16,2009 Page 6 make sure that he or someone else with similar expertise would be in close contact with the designer. Neal said Mr. Gertz was involved with this project for four to five years to put together the design for the parking lot. This was the design that was approved by the City Council, and it is all consistent with that. MOTION: Duckstad moved, seconded by Aho, to approve Items A-J on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF EASEMENTS FOR LOT 12, BLOCK 4, HILLCREST COURTS 2ND ADDITION (RESOLUTION NO. 2009-40) Neal said official notice of this public hearing was published in the May 28, 2009, Eden Prairie News and sent to six property owners. The property owners have requested the vacation of a portion of the drainage and utility easements to correct easement encroachment of their driveway. The driveway still meets the zoning requirements of at least 3 feet from the side lot line so there is no variance required. He noted this is a housekeeping matter. There were no comments from the audience. MOTION: Case moved, seconded by Duckstad, to close the public hearing and to adopt Resolution No. 2009-40 vacating a portion of the drainage and utility easements lying over, under and across Lot 12, Block 4, Hillcrest Courts 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Motion carried 5-0. B. T-MOBILE CELLULAR TOWER-EP HIGH SCHOOL by T-Mobile Central LLC. Request for Site Plan Review on 67.33 acres. Location: 17185 Valley View Road. (Resolution No. 2009-41 for Site Plan Review) Neal said official notice of this public hearing was re-published in the June 4, 2009, Eden Prairie News and re-sent to 146 property owners. A proposed 120-foot T- Mobile cellular tower will replace an existing 100-foot light pole on the northeast side of the Eden Prairie High School football field. The light fixture will be reestablished on a new monopole at the 100-foot height with the cellular antennas placed above. The purpose of the site plan review is for a cellular tower greater than 80 feet tall. He said this item has previously been to the City Council, but an error in mailing the public hearing notices for the Planning Commission at its April 27th meeting caused it to be brought back to the Planning Commission and then back to the City Council tonight. Jeremiah said Mr. Steve Carlson from T-Mobile is here to answer any questions. She noted staff did ask the applicant to explore all the possible alternative locations again with the School District. There were no comments from the audience. CITY COUNCIL MINUTES June 16,2009 Page 7 MOTION: Aho moved, seconded by Case, to close the public hearing and to adopt Resolution No. 2009-41 for site plan review on 67.33 acres. Motion carried 5-0. C. THE RIDGE AT RILEY CREEK 31D ADDITION by A.J. Rouse, LLC. Request for Planned Unit Development Concept Review on 3.4 acres, Planned Unit Development District Review with waivers on 3.4 acres, Zoning District Amendment within the R1-13.5 Zoning District on 3.4 acres and Preliminary Plat of 3.4 acres into two single family lots, one outlot and road right of way. Location: 9820 Sky Lane. (Resolution No. 2009-42 for PUD Concept Review, Resolution No. 2009-43 for Preliminary Plat) Neal said official notice of this public hearing was published in the June 4, 2009, Eden Prairie News and sent to 15 property owners. This is for a two lot single- family development. The plan will require a front yard setback waiver from 59 feet to 30 feet. When 40% or more of a block is developed, the required setback shall be equal to or greater than the average setback of the principle structure on either side. The existing house is setback 88 feet and a 30 foot setback is permitted for the vacant lot to the north. The waiver allows more of the existing trees in the rear yard to be preserved. The 120-Day review period expires on August 18, 2009. The Planning Commission voted 6-0 to recommend approval of the project at the May 11, 2009 meeting. There were no comments from the audience. MOTION: Duckstad moved, seconded by Nelson, to close the public hearing; and to adopt Resolution No. 2009-42 for Planned Unit Development concept review on 3.4 acres; and to approve 1st Reading of the ordinance for Planned Unit Development district review with waivers, and zoning district amendment from R1- 13.5 on 3.4 acres; and to adopt Resolution 2009-43 for preliminary plat on 3.4 acres into 2 lots, one outlot and road right of way; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Case said he was very familiar with this lot and asked why we did not take the opportunity to have an easement brought up to our land to protect the trees along the creek since we don't get that opportunity except during redevelopment. He asked why we did not extend it another 20 feet to match the line that we have. Jeremiah said we set aside Outlot A. Case asked if Outlot A was new to them. Jeremiah said Outlot A is being dedicated out of these two parcels, but she did not know why it isn't matching Outlot A to the north. Case said any time we get an opportunity to put land into a conservation easement he would hope we would take advantage of that. VOTE ON THE MOTION: Motion carried 5-0. CITY COUNCIL MINUTES June 16,2009 Page 8 D. PRECIOUS METALS DEALER'S LICENSE APPLICATION Neal said official notice of this public hearing was published in the June 4, 2009, Eden Prairie News and sent to 15 property owners. Wedding Day Diamonds, located at 8320 Crystal View Lane, has applied for a Precious Metal Dealer's license. A public hearing for the issuance of a Precious Metal Dealer's license is required by City Code Section 5.71, Subd. 10. Notice of the public hearing was published in the June 4, 2009 Eden Prairie News and mailed to 15 property owners. A precious metal dealer is defined as any person engaging in the business of buying secondhand items containing precious metal, including, but not limited to,jewelry, watches, eating utensils, candlesticks, and religious and decorative objects. The Police Department has completed background investigations on the owners and the business and recommends approval of this license. He said Chief Reynolds is here tonight to say a few words about why we are doing this and what some of the issues are. Police Chief Reynolds said we go through this process because of the potential of passing stolen items through establishments like this. He said this is an application for a precious metal dealer's license only, not a pawn license. We performed a background investigation of the business which also has a retail store in the Prairie Center area. We checked on their business relations and they are held in high regard. He said all police departments we checked with reported favorable relationships with Wedding Day Diamonds. The Police Department recommends the City Council approve the application for a Precious Metal Dealer's license. There were no comments from the audience. MOTION: Aho moved, seconded by Case, to close the public hearing and to approve the Precious Metal Dealer's license for Marquis Jewelers, Inc, DBA: Wedding Day Diamonds. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Duckstad, 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." XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 9.07,RELATING TO DANGEROUS DOGS AND DESTRUCTION OF DOGS Neal said a change in Minnesota statutes necessitated minor revisions to the City Code specifically with respect to the opportunity of a hearing in the designation of a dangerous or potentially dangerous dog. This ordinance reflects the changes in state law. He thought it was important to give a little more information about this ordinance, so he asked Chief Reynolds to make comments about what is changing. CITY COUNCIL MINUTES June 16,2009 Page 9 Police Chief Reynolds said it is just a slight amendment to the current dangerous dog ordinance to bring it into line with the changes made to the state statute that clarify how the owner could appeal the designation. Aho asked if we have had to use the ordinance in the City. Reynolds said we have. We currently have one dangerous dog in the City and we are comfortable with that one. The owner has taken measures with the dog and it may be that the dog could be re-evaluated to downgrade its status. MOTION: Duckstad moved, seconded by Nelson, to approve the first reading of an ordinance amending City Code Section 9.07, relating to dangerous dogs and destruction of dogs. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS Neal said we received 15 applications for the 2009-2010 Students on Commission program. Commission Staff Liaisons met to review and discuss the applications. The attached appointment recommendations are based on the students' stated Commission preferences and the quality of their applications. All 15 student applicants are being recommended for appointment. The Fall Students on Commission term is from September 2009 through December 2009. The Winter/Spring term is from January 2010 through April 2010. An orientation session will be held during the late summer. MOTION: Case moved to appoint to the Arts & Culture Commission: Eric Wiig and Renee Roden for the Fall term; Duckstad moved to appoint to the Conservation Commission: Gretchen Askew for the Fall and Winter/Spring terms; Julia Wang and Michelle Wu for the Fall term; and Stephanie Korman for the Winter/Spring term; Aho moved to appoint to the Flying Cloud Airport Advisory Commission: Mehta Tahnay and Sam Clark for the Fall term; Nelson moved to appoint to the Heritage Preservation Commission: Alexis Smith for the Fall Term; Case moved to appoint to the Human Rights and Diversity Commission: Adam Liter for the Fall and Winter/Spring terms; Muna Shire and Ali Fardowsa for the Fall term; and Julia Wang for the Spring term; and Duckstad moved to appoint to the Parks, Recreation, and Natural Resources Commission: Spencer Lasley and Pranay Rao for the Fall and Winter/Spring Terms; and Richard Ericson for the Fall term. Young seconded the motion. Motion carried 5-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Southwest LRT Alignment Update—Council Member Nelson CITY COUNCIL MINUTES June 16,2009 Page 10 Nelson said the Hennepin County Regional Rail Authority(HCRRA)has proposed a change to the proposed route of the Southwest Light Rail Transit (SWLRT)between the Golden Triangle and Southwest Station. There were issues about how the route crossed the freeway entrance ramps and the sharp turn crossing Flying Cloud Drive. She said the Technical Advisory Committee met and came to a conclusion about what might have to happen. City staff and Council Member Nelson met with several business owners in the community last week to see what their thoughts were about the potential change. She noted there is a letter from the Chamber of Commerce in front of the Council Members that reflects the discussion at those meetings. The business community preferred the Technology Drive location because they felt that location in connection with some bus transit would keep the light rail line on schedule and would meet the needs of all that area. Jeremiah said the option we have discussed for the past few years was to come into this area from Southwest Transit following Prairie Center Drive and then cutting through near our water tower, Eden Road and up through Flying Cloud Drive. There are a number of issues with that alignment that created difficulties because there are a lot of grades in the area and it would go through several private properties. At the time of the Major Center Area (MCA) study we did have a preference for that alignment because it provides greater walkability and is more central. After a more detailed environmental impact analysis the County raised concerns with the southerly alignment so we looked again at the Technology Drive alignment. With the northerly route there would be $3,000,000 in construction savings and possibly as much as $10,000,000 considering the impact of purchasing additional property. It is also a more direct route and has less of an impact on private property. She thought this is a less risky alignment, although it is a little less desirable from an economic development standpoint. Young asked what the HCRRA needs from us tonight. Jeremiah said the HCRRA is not asking for formal action; however, staff believes it would be helpful to have a motion. The Policy Advisory and Technical Advisory Committees will be asked to make a final decision on a locally-preferred alternative. Staff is very interested in getting the Council's feedback on whether the change makes sense. Young asked if we would be endorsing it as it is presented on the aerial photograph because he was concerned about the issues regarding infringement on the Rosemount and Costco properties. Jeremiah said this is just the first look at how this might work, and there is still a lot of room to look at the details as to whether it is located on the north side of Technology Drive for the entire way and exactly where the station would be located. The Council might also want to put in a contingency to continue working with property owners to mitigate the impact. Young said we should not only work with the property owners but also with the HCRRA so they understand the property owners have some strong objections. He would like to see other options for the northerly alignment. CITY COUNCIL MINUTES June 16,2009 Page 11 Aho asked if there is anything that is preventing it from being on the north side just north of Costco and Rosemount. Jeremiah said we have not met with Xcel and Gander Mountain so they are not aware of this option; however, we have additional meetings set up for the future. MOTION: Aho moved, seconded by Duckstad, that the City of Eden Prairie City Council recommends the northern route along Technology Drive in preference over the southern route,but would also recommend we work with property owners there to come up with the best design that has the least impact on the property owners. Motion carried 5-0. Nelson said she will bring this back to the Policy Advisory Committee when it comes up. 1. Former Council Member Billy Bye—Mayor Young Young said former Council Member Billy Bye passed away recently. On behalf of the City Council, he offered condolences to the family, and noted our usual policy is to lower the flag to half-staff. MOTION: Nelson moved, seconded by Case, to lower the flag on Wednesday, June 17, in memory of former City Council Member Billy Bye. Motion carried 5-0. B. REPORTS OF CITY MANAGER Neal said Governor Pawlenty released his recommendations today on unallotment, and we will be touched by that via the market value homestead credit program. That credit is canceled for us for 2010-2011 which means a loss of$456,414 in 2010 and $511,416 in 2011. We have not depended on these credits for our ongoing operations, but rather have included the money in our capital spending. We will have to reconcile our CIP to reflect that change. Nelson asked if this had an impact on any of the state aid money for the police and fire pension funding. Neal said that is an area where we had some potential vulnerability but we understand at this point that money will not be impacted. 1. City Attorney RFP Process Neal said he would like any thoughts, ideas or concerns from the Council on how we ought to conduct the RFP process this year. In 2006 we did an RFP for both the civil and criminal side of the contract. We had an application, received proposals and had a committee that interviewed applicants and made recommendations back to the Council. During that process we awarded a three-year contract to the Gregerson, Rosow firm and committed that we would do an RFP process again in 2009. He said after CITY COUNCIL MINUTES June 16,2009 Page 12 receiving the Council's feedback tonight he will put together a process and bring that back to the Council on July 21. We would then go through the process during the second half of the summer and fall and award the contract sometime this fall. Young thought we should go through the RFP process for both civil and criminal. He didn't think we need to go through the same lengthy process we did last time. He thought it was important that the City Manager and Police Chief interview applicants and pass on information about them to the Council. He thought the applicants' experience in this area is important, but he didn't think we need to get back ranked recommendations. Case said we would probably want some numbers back, but he would want to look at qualitative data as well. He thought we should continue to hear from the Police Department about what they need for prosecutorial services. Nelson said the one piece of data she would like to have in addition to the differences in conviction rates would be the cost per conviction. Aho agreed it would be prudent to review the contract and look at an RFP process on both sides,but also not look at it in as much detail as last time. He thought it should be reviewed by staff rather than having Council Members attend all the meetings. We could then take staff's recommendation along with the numbers. Duckstad agreed we don't have to use a lengthy proceeding and could rely on a recommendation from the City Manager and the Police Chief. He would want to review experience and costs so we have some idea of the cost to the City. Young asked staff to get as much information to the Council as is easily available. He thought a certain level of qualitative information would be important. 2. Status Report on 2009 Capital Improvement Projects and Expenditures Neal said Council Member Duckstad asked staff to put together a report that provides item by item status of capital expenditures from the 2008-2009 budgets. He distributed the report and noted it is organized by the particular fund the projects are paid out of and by project name. He said some projects are two-year projects so there are some 2008 figures. He said the bottom line of the report is that we have $38,800,000 of capital expenditures planned over the two-year period, $18,000,000 of which is in the Pioneer Trail project. Young asked if the $18,000,000 for Pioneer Trail is all our cost. Rodney Rue, Engineering Department, said that is the total cost for the project for the County, Federal, and City governments. Young said we have had other CITY COUNCIL MINUTES June 16,2009 Page 13 projects on our CIP list that aren't entirely our expense, and he wanted to make sure that is clear. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Riverview Road Repair Options Neal said Mr. Dietz is on vacation so Rick Wahlen, Director of Utilities, will give an update on this item. Rick Wahlen said after the recommendation on Riverview Road at the last City Council meeting staff was asked to investigate the extent of repairs needed to provide an interim solution for Riverview Road. He said the roadway to be repaired between Homeward Hills Road and Sonoma Road is about 1800 feet in length. He said there are two options, the first is to do a reclaim and pave where the road would be milled out six to eight inches down to the base course. That option would make the road like it was when it was new and would cost about$80-90,000. The second option would be cheaper and would not involve milling out,but would not last as long as the first option. The second option would cost about $60-75,000. He said staff recommends the first option as it would be a better, more durable road, and the costs for the two options are actually quite close. He noted the residents obtained another proposal from a different contractor that would cost about $60,000. He said that amount would have to be adjusted for various items the residents' contractor did not include, such as striping, shoulder repair, signage and traffic control, so it comes out to about the same figure. Nelson said she concurred with staff because it doesn't make sense to spend almost the same amount and get less time out of the road. It does seem to be what the neighborhood was discussing, and the costs sound reasonable. Aho concurred with the staff recommendation. Duckstad also agreed with the recommendation. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT CITY COUNCIL MINUTES June 16,2009 Page 14 MOTION: Duckstad moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Young adjourned the meeting at 9:02 PM. CITY COUNCIL AGENDA DATE: July 21, 2009 SECTION: Reports of Advisory Boards & Commissions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.A. Administration/Finance Budget Advisory Commission 2009 Scott Neal, Sue Kotchevar Work Plan Requested Action Move to: Approve the Budget Advisory Commission 2009 Work Plan. Synopsis The Work P lan addresses BAC s trategy and p roposed activities of the Commission in 2009. The B AC de termined a m ore formal s trategy and w ork p1 an w ould he 1p the c ommission's effectiveness. The Commission will update the Work Plan annually and present it to the City Council for approval. Background Information The Budget Advisory Commission will present to the City Council at its July 21, 2009 meeting on its strategy and work plan. The BAC will operate as an advisory body regarding finance and budgetary issues. Not only will the budget be specifically reviewed but also financial matters that can have an impact on the budget and the financial health of the City. A sub-committee of three BAC members and the staff liaison met to develop the Work Plan. At its June 23rd meeting, the BAC voted unanimously (5 to 0 vote) to approve the Work Plan. Two members were absent. Some of the Commission's 2009 activities and areas of review could include the following: • Quarterly financial and operational performance including year-over-year same period comparisons (Revenue and Expense) • Previous year's financial performance and annual audit • City financials to comparable cities • City debt structure and investment performance • Special Projects/Assignments from City Council • Proposed biennial budget • CIP and project financials/outcomes • City staff work plan for upcoming year • Outsourcing of Services • On-going financial commitments o Staffing o Wages/Benefits • Fund Balances • Third party contracts/contractors • City owned real estate/buildings • All projects budgeted at $200,000 or more and are 5% or more over budget • Any proposed new 'out of budget cycle' liabilities and/or acquisitions before any formal action is taken by the Council • Other topics determined during BAC meetings and process Attachments • 2009 Work Plan Budget Advisory Commission (BAC) Ordinance, Strategy, and 2009 Work Plan I. Ordinance The Budget Advisory Commission shall consist of five to seven members-at-large appointed by the City Council. The chair and vice-chair of the commission shall be appointed by the City Council. The commission shall act in an advisory capacity to the City Council in connection to the formation of a biennial City budget. The responsibilities of the commission shall include the following: 1. Learn about the overall policy direction for the budget as communicated by the City Council to the City Manager. 2. Interact with City Manager and City staff to learn about the City's statutory and discretionary budgetary procedures and practices. 3. Review budget drafts, documents and other related budget information related to the City budget. 4. Attend City Council workshops,meetings,forums and other events related to the City budget. 5. Review and comment to the City Council on intermittent budget proposals prepared by the City staff. 6. Propose budgetary and operational reforms with a goal of aiding the City Council in making fiscally sound budget decisions. 7. Meet as frequently as necessary to accomplish their mission. 1 I 06/23/2009 Budget Advisory Commission (BAC) Ordinance, Strategy, and 2009 Work Plan II. Strategy The BAC will operate as an advisory body regarding finance and budgetary issues. The BAC will provide oversight and high-level review of the financial aspects of the City operations. In instances when the majority of the BAC agrees,the BAC will choose items for a more comprehensive analysis. This could take the following forms: • Request staff presentation/information on a certain topic • Creation of a sub-committee to review topic together and with City staff BAC comments and recommendations help the City to accomplish its key results and to make fiscally sound decisions. Work Plan The commission will review financial,budgetary,and operational information in order to give input on these matters. Items for 2009 may include review of: • Quarterly financial and operational performance including year-over-year same period comparisons (Revenue and Expense) • Previous year's financial performance and annual audit • City financials to comparable cities • City debt structure and investment performance • Special Projects/Assignments from City Council • Proposed biennial budget • CIP and project financials/outcomes • City staff work plan for upcoming year • Outsourcing of Services • On-going financial commitments o Staffing o Wages/Benefits • Fund Balances • Third party contracts/contractors • City owned real estate/buildings • All projects budgeted at$200,000 or more and are 5% or more over budget • Any proposed new'out of budget cycle'liabilities and/or acquisitions before any formal action is taken by the Council 2 I 06/23/2009 Budget Advisory Commission (BAC) Ordinance, Strategy, and 2009 Work Plan • Other topics determined during BAC meetings and process Starting in 2010, the commission also requests a work session with the City Council each February to review prior year accomplishments and talk about the current year's work plan. The BAC will seek the City Council's approval for its work plan at the February workshop. III. Meeting Plan The BAC sets up a schedule of meetings each year to accomplish its mission. In the early stages of the year, it normally meets once a month. In years with the creation of the biennial budget, the BAC may meet every other week (or more often) in order to understand and provide the best recommendations. The meeting flow is as follows • Topics are presented at a high-level review. This review is done in part via pre reading materials given to the BAC members before the meeting • Certain topics are then flagged by the BAC members for further discussion. These are topics may be designated for a"comprehensive analysis". If the majority of the BAC decides to request a"comprehensive analysis", staff is asked to provide further detail. A sub-committee of the BAC may be formed to provide more focus on the item. • The detailed report is received from staff and is reviewed in advance of the next meeting. Discussion of the item considering the additional information is held during the next meeting and a determination is made as to any recommendation by the BAC. • Recommendations to the City Council require a majority vote and must have the details of the"comprehensive analysis"included in the materials forwarded to the Council to maintain context of the discussions. • No individual BAC member will forward a document to the City Council or to any individual member of the Council independently representing the position of the BAC. A BAC member may make such recommendation as a citizen. • The Chair and the Staff Liaison will work together to create the meeting agenda. Commissioners should email the two of them to request items to be added to the agenda. Decisions about the creation of the agenda are up to the Chair. 3 06/23/2009 Budget Advisory Commission (BAC) Ordinance, Strategy, and 2009 Work Plan IV. Working with and Reporting to the City Council The BAC work is done with the City's budget timing in mind. Much of its schedule and topics are aligned to be done before the City Council needs to make its decision on the matter. Principles: • The City Council directs the BAC to review and comment on biennial budgets, CIP plans, all new expenses and personnel related expenses before it has to make a decision on the matter. • The BAC requests that the City Council refer all major budget items to the BAC prior to approval. • The BAC will make recommendations to the City Council on all such matters as they come up o Many are timed with the annual planning cycle o Out of cycle items will be dealt with as they come up • The BAC's recommendations to the City Council are strictly advisory. • The transmission of such recommendations should come with the rationale and detailed background material • Staff will assist the BAC by providing details when and if asked by the BAC to facilitate the BAC's recommendations. • To look into a matter in detail(called a comprehensive analysis), a majority of the BAC must agree by motion to proceed with the analysis. • Reports to the City Council will take the following form 1. Executive Summary • A short description of the topic and the recommendation, including impacts. 2. Background • How the topic came up and what supported the decision for a "comprehensive analysis", actions taken to date, etc. 3. Topic Minutes • Meeting minutes pertaining to the specific topic providing context for the recommendation 4. Supporting Documentation • Relevant staff reports and excerpt from budget documentation to provide easy reference for Council members. 4 I 06/23/2009 Budget Advisory Commission (BAC) Ordinance, Strategy, and 2009 Work Plan V. 2009 Work Plan January Special Projects/Assignments from City Council February Joint meeting with City Council to confer on annual goals and direction for City March Review and comment on previous year's financial performance April Special Projects/Assignments from City Council May Review City financials to comparable cities June Review City debt structure and investment performance July Special Projects/Assignments from City Council August Review Q2 financial and operational performance September Review and comment on proposed biennial budget October Review CIP and current project fmancials/outcomes November Review Q3 financial and operational performance December Review City staff work plan for upcoming year Additionally, each meeting will include any"comprehensive analysis"topics,as they are identified. 5 1 06/23/2009 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 21, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Christy Weigel, Clerk's License Application List Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Cigarette & Tobacco Products Caroline's LLC DBA: Caroline's Temporary Liquor Organization: Pax Christi Catholic Church Event: Private Party for Fr. Kennedy Date: August 17, 2009 Place: 12100 Pioneer Trail New Liquor License—Wine with Strong Beer & 3.2 Beer Licensee name: JJ's Coffee Company DBA: JJ's Coffee Company&Wine Bar Amendment to Liquor License 2AM Closing Permit- Renewal Purple Star Inc. DBA: Green Mill of Eden Prairie - 1 - CITY COUNCIL AGENDA DATE: SECTION: Ordinances &Resolutions July 21, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Police Department/ Second Reading of an Ordinance Police Chief Reynolds amending City Code Section 9.07 Relating to Dangerous Dogs Requested Action Move to: Approve the Second Reading of an Ordinance amending City Code Section 9.07, Relating to Dangerous Dogs and Destruction of Dogs. Synopsis: The first reading of the Ordinance was approved at the June 21, 2009, City Council meeting. A change in MN Statutes necessitated minor revisions to the City Code specifically with respect to the opportunity of a hearing in the designation of a dangerous or potentially dangerous dog. This ordinance reflects the changes in state law. Attachment: Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2009 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 9, SECTION 9.07, SUBDIVISIONS 20-22, RELATING TO DANGEROUS DOGS AND DESTRUCTION OF DOGS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. The City Council of the City of Eden Prairie, Minnesota, ordains: Section 1. City C ode Chapter 9, S ection 9.07, S ubdivision 20 is am ended by deleting"(2005)"in the first line. Section 2. City Code Chapter 9, Section 9.07, Subdivision 21 and 22 are deleted in their entirety and replaced with the following new Subdivision 21: Subd. 21. Procedures for Determination of Dangerous, Potentially Dangerous Dogs and Destruction of Dogs. When t he C hief o f P olice ha s de termined t hat a do g i s dangerous or potentially da ngerous or w hen d estruction of a do g i s a uthorized unde r Minnesota Statutes § 347.56, the procedures specified in Minnesota Statutes § 347.541 shall be followed. A decision by the Hearing Officer shall be final. Section 3. City C ode C hapter 1 e ntitled"General P rovisions a nd D efinitions A pplicable t o t he Entire City Code including Penalty for Violation" and Section 9.99 entitled"Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim he rein except vi olations de dared a gross m isdemeanor b y Minn. Stat. § 347.55 (c), (d) and(e). Section 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of June, 2009, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2009. Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on the day of , 2009. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda July 21, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Community Development/Planning Partial Release of Development Janet Jeremiah Agreement for Eden Bluffs Corporate Center Requested Action Move to: • Approve t he Partial R elease of D evelopment A greement f or E den B luffs Corporate Center Synopsis In order to complete a sale of property, the City is being asked to approve a partial release of the approved Development Agreement for Eden Bluff Corporate Center dated October 18, 2005 section 24. Section 24 states that the agreement supersedes a prior agreement dated April 26, 2005. This date is incorrect. The date of the prior agreement is March 1, 2005. Attachments • Partial Release of Development Agreement • Letter PARTIAL RELEASE OF DEVELOPMENT AGREEMENT Date: ,2009 FOR VALUABLE CONSIDERATION,the real property in Hennepin County,Minnesota, legally described as follows: Block 1,Lot 1, and Outlot B,EDEN BLUFF HIGHLANDS 2"d ADDITION;and Blocks 1 and 2,Lot 1,EDEN BLUFF HIGHLANDS 4`"ADDITION. is hereby released from the lien of the following: that certain"Development Agreement—Eden Bluffs Holdings-Hennepin Village"by and between Eden Bluff Holdings LLC, a Minnesota limited liability company("Developer") and the City of Eden Prairie, a Minnesota municipal corporation(the"City") dated as of March 1,2005, and recorded September 23, 2005 as Document No.4165196 (the"Development Agreement") THE CITY OF EDEN PRAIRIE (Seal) By: Phil Young,Mayor By: Scott Neal,City Manager STATE OF MINNESOTA ) (ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2009,by Phil Young and Scott Neal,the Mayor and City Manager,respectively, of the City of Eden Prairie, Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Kristy L. Warnen,Esq. Gregerson,Rosow,Johnson&Nilan,Ltd. 650 Third Avenue South, Suite 1600 Minneapolis,MN 55402-4337 LIND QUIST&VENNUM I Minneapolis•Denver Mary C.Taylor 4200 IDS Center (612)371-3983 80 South Eighth Street mtaylor©lindquist.com Minneapolis, MN 55402-2274 www.lindquist.com Phone:(612)371-3211 Fax:(612)371-3207 June 24, 2009 VIA E-MAIL AND REGULAR MAIL Mr. Mike Franzen Kristy Warnen, Esq. City Planner Gregerson, Rosow, Johnson&Nilan, Ltd. City of Eden Prairie 650 Third Avenue South, Suite 1600 8080 Mitchell Road Minneapolis, MN 55402 Eden Prairie, MN 55344 Email: Icwamengrjn.com Email: mfranzenedenprairie.org Re: Eden Bluffs Corporate Center—Request for Partial Release of Superseded Development Agreement Dear Mr. Franzen and Ms. Warnen: We represent Eden Bluff Investment I LLC ("EBI"), a Minnesota limited liability company and the owner of Lot 1, Block 1 and Outlot B, Eden Bluff Highlands Second Addition (the "Subject Property"). EBI is the successor-in-interest to Eden Bluff Holdings LLC, a Minnesota limited liability company and the "Developer" under both that certain "Development Agreement — Eden Bluffs Holding-Hennepin Village" dated March 1, 2005, and recorded September 23, 2005, as Document No. 4165196 (the"First Development Agreement"); and the "Development Agreement — Eden Bluff Corporate Center I" dated October 18, 2005, and recorded November 1, 2005 as Document No. 4181535 (the "Second Development Agreement"). Copies of both the First and Second Development Agreements are enclosed for your convenience. EBI is in the process of closing a sale of the Subject Property to FSP Eden Bluff Corporate Center I LLC, a Delaware limited liability company ("FSP"). FSP has requested that EBI arrange for the partial release of the First Development Agreement from the Subject Property, due to language in Section 24 of the Second Development Agreement entitled "Prior Development Agreement, which states: "As to the Property this Agreement supersedes in its entirety the Eden Bluffs Holdings-Hennepin Village Development Agreement, dated April 26, 2005." Doc#3024364\I June 24, 2009 Page 2 (As this is likely the only development agreement with that name, we assume this section is intended to refer to the First Development Agreement, although it was actually dated March 1, 2005.) The "Property" as defined in Exhibit A of the Second Development Agreement refers to "Outlot D, Eden Bluff Highlands." Therefore, the intent of Section 24 is to provide that, as to that portion of the property legally defined as "Outlot D, Eden Bluff Highlands," the First Development Agreement has been superseded in its entirety, and that the development of such property is now to be governed solely by the Second Development Agreement. However, in drafting the Partial Release document, we learned that in interim period since the Second Development Agreement was recorded, Outlot D has subsequently been replatted, first as "Lot 1, Block 1, and Outlots A and B, Eden Bluff Highlands Second Addition;" and then Outlot A thereof was further replatted as "Lots 1 and 2, Block 1, Eden Bluff Highlands 4t1i Addition." I have enclosed copies of each of these plats with the relevant areas of property cross-hatched for your ease in confirming the accuracy of these revised legal descriptions. The enclosed Partial Release of Development Agreement references all of the property formerly legally described as Outlot D, Eden Bluff Highlands. If this document meets with your approval, please confirm the next steps necessary to ensure that this Partial Release is submitted to the Eden Prairie City Council for approval at their upcoming meeting scheduled for July 21, 2009. Thank you for your consideration of this request. Very truly yours, iIq 7(.71/-- Mary . aylor Encl. cc: J. Saunders (via e-mail, w/encl., john.saunders@uproperties.com) B. Katter (via e-mail, w/encl.,bill.katter@uproperties.com) L. Cross (via e-mail, w/encl., lmcross@firstam.com) M. Salo (via e-mail, w/encl. mark.salo@westwoodps.com) LB Guthrie (via hard copy, w/encl.) Doc#3024364\1 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 21, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Sue Kotchevar, Office of the Resolution relating to the issuance of General City Manager/Finance Obligation Equipment Certificates of Indebtedness, Series 2009B for$2,455,000 Requested Actions Move to: Adopt a resolution relating to the issuance of General Obligation Equipment Certificates of Indebtedness, Series 2009B for$2,455,000 Synopsis The purpose of the issuance of the $2,445,000 of bonds is to finance the Police and Fire All-in- One Solution and Phase II of 20-40-15 projects. $1,935,000 is for the Police and Fire System and$520,000 is for the energy improvements. Attachments Resolution CERTIFICATION OF MINUTES RELATING TO S2,455,000 GENERAL OBLIGATION [TAXABLE] EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2009B Issuer: City of Eden Prairie, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held July 21, 2009, at 7:00 P.M., at the City Offices. Members present: Members absent: Documents Attached: Minutes of said meeting (including): RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $2,455,000 GENERAL OBLIGATION [TAXABLE] EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2009B I, the undersigned,being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this July 21, 2009. City Clerk It was reported that proposals for the purchase of$ General Obligation [Taxable] Equipment Certificates of Indebtedness, Series 2009B were received prior to 10:30 o'clock a.m., Central time,pursuant to the Official Statement distributed to potential purchasers of the Obligations by Northland Securities, Inc., financial consultants to the City. The proposals have been publicly opened, read and tabulated and were found to be as follows: (See Attached) Councilmember introduced the following resolution and moved its adoption, which motion was seconded by Councilmember RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $2,455,000 GENERAL OBLIGATION [TAXABLE] EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2009B BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the City), as follows: Section 1. Authorization and Sale. 1.01. Authorization. This Council hereby determines that it is in the best interest of the City to issue its $2,455,000 General Obligation [Taxable] Equipment Certificates of Indebtedness, Series 2009B (the Obligations) to finance the costs of acquiring various items of capital equipment(the Project). Said items of capital equipment have a useful life not less than the term of the Obligations. The principal amount of the Obligations does not exceed .25 percent of the market value of taxable property in the City; therefore the Obligations may be issued without an election. 1.02. Sale. Pursuant to the Notice of Sale and the Official Statement prepared on behalf of the City by Northland Securities, Inc., sealed proposals for the purchase of the Obligations were received at or before the time specified for receipt of proposals. The proposals have been opened, publicly read and considered and the purchase price, interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of , in (the Purchaser), to purchase the Obligations at a price of$ plus accrued interest on all Obligations to the day of delivery and payment, on the further terms and conditions hereinafter set forth. 1.03. Award. The sale of the Obligations is hereby awarded to the Purchaser, and the Mayor and City Manager are hereby authorized and directed to execute a contract on behalf of the City for the sale of the Obligations. The good faith deposit of the Purchaser shall be retained by the City until the Obligations have been delivered, and shall be deducted from the purchase price paid at settlement. [1.04. Build America Bond Designation. The Council irrevocably designates the Obligations as "Build America Bonds," elects to have Section 54AA of the Internal Revenue Code of 1986, as amended(the Code), apply to the Obligations, and irrevocably elects to have Section 54AA(g) of the Code apply to the Obligations, with the result that the City shall be entitled to the credit provided in Section 6431 of the Code.] Section 2. Obligation Terms; Registration; Execution and Delivery. 2.01. Issuance of Obligations. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Obligations having been done, now existing, having happened and having been performed, it is now necessary for the City Council to establish the form and terms of the Obligations, to provide security therefor and to issue the Obligations forthwith. 2.02. Maturities; Interest Rates; Denominations and Payment. The Obligations shall be originally dated as of August 1, 2009, shall be in denominations of$5,000 or more, of single maturities, shall mature on December 1 in the years and amounts stated below, without option of prior payment, and shall bear interest from date of issue until paid at the annual rates set forth opposite such years and amounts, as follows: Year Amount Rate [Price] Year Amount Rate [Price] 2010 $270,000 2015 $ 60,000 2011 230,000 2016 60,000 2012 295,000 2017 60,000 2013 770,000 2018 65,000 2014 645,000 [REVISE MATURITY SCHEDULE FOR TERM BONDS] The Obligations shall be issuable only in fully registered form. The interest thereon and,upon surrender of each Obligation at the office of the Registrar described herein, the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein. Upon the initial delivery of the Obligations pursuant to Section 2.07, and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of authentication shall be noted on each Obligation so delivered, exchanged or transferred. 2.03. Dates and Interest Payment Dates. Interest on the Obligations shall be payable on each June 1 and December 1, commencing June 1, 2010, to the owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. Interest shall be computed on the basis of a 360-day year composed of twelve 30-day months. 2.04. Redemption. Obligations maturing in the years 2017 and 2018 shall be subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the bond depository in accordance with its customary procedures) in integral multiples of$5,000, on December 1, 2016, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The City Manager shall cause notice of the call for redemption thereof to be published if and as required by law, and at least thirty and not more than 60 days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail, to the registered holders of any Obligations to be redeemed at their addresses as they appear on the bond register described in Section 2.06 hereof,provided that notice shall be given to any securities depository in accordance with its operational arrangements,but no defect in or failure 2 to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Obligation not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Obligations or portions of Obligations so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Obligations or portions of Obligations shall cease to bear interest. Upon partial redemption of any Obligation, a new Obligation or Obligations will be delivered to the owner without charge, representing the remaining principal amount outstanding. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS- ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] [Obligations maturing on December 1 in the years 20 and 20 (the Term Bonds) shall be subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section 2.04 at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date, without premium. The Registrar shall select for redemption,by lot or other manner deemed fair, on December 1 in each of the following years the following stated principal amounts: Term Bonds Maturing in 20-- Term Bonds Maturing in 20-- Sinking Fund Aggregate Sinking Fund Aggregate Payment Date Principal Amount Payment Date Principal Amount $ $ Notice of redemption shall be given as provided in the preceding paragraph.] 2.05. Appointment of Initial Registrar. The City hereby appoints Wells Fargo Bank,National Association, as the initial bond registrar, transfer agent and paying agent(the Registrar). The Mayor and City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company organized under the laws of the United States or one of the states of the United States and authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar, effective upon not less than thirty days' written notice and upon the appointment and acceptance of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Obligations in its possession to the successor Registrar and shall deliver the Bond Register to the successor Registrar. 2.06. Registration. The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: 3 (a) Register. The Registrar shall keep at its principal office a register in which the Registrar shall provide for the registration of ownership of Obligations and the registration of transfers and exchanges of Obligations entitled to be registered, transferred or exchanged. (b) Transfer of Obligations. Upon surrender for transfer of any Obligation duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Obligations of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Obligations. Whenever any Obligations are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Obligations of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. All Obligations surrendered upon any transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Obligation is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Obligation or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Obligation is at any time registered in the register as the absolute owner of the Obligation, whether the Obligation shall be overdue or not, for the purpose of receiving payment of or on account of, the principal of and interest on the Obligation and for all other purposes; and all payments made to any registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon Obligation to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Obligations (except for an exchange upon a partial redemption of an Obligation), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Obligations. In case any Obligation shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new 4 Obligation of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Obligation or in lieu of and in substitution for any Obligation destroyed, stolen or lost,upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of an Obligation destroyed, stolen or lost,upon filing with the Registrar of evidence satisfactory to it that the Obligation was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Obligations so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Obligation has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Obligation prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Obligations, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended. (j) Valid Obligations. All Obligations issued upon any transfer or exchange of Obligations shall be the valid obligations of the City, evidencing the same debt, and entitled to the same benefits under this Resolution as the Obligations surrendered upon such transfer or exchange. 2.07. Execution, Authentication and Delivery. The Obligations shall be prepared under the direction of the City Manager and shall be executed on behalf of the City by the signatures of the Mayor and the City Manager,provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Obligations shall cease to be such officer before the delivery of any Obligation, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Obligation shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Obligation has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Obligations need not be signed by the same representative. The executed certificate of authentication on each Obligation shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Obligations have been prepared, executed and authenticated, the City Manager shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.08. Securities Depository. (a) For purposes of this section the following terms shall have the following meanings: "Beneficial Owner" shall mean,whenever used with respect to a Obligation, the person in whose name such Obligation is recorded as the beneficial owner of such Obligation by a Participant on the records of such Participant, or such person's subrogee. 5 "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Obligations. "DTC" shall mean The Depository Trust Company of New York,New York. "Participant" shall mean any broker-dealer, bank or other financial institution for which DTC holds Obligations as securities depository. "Representation Letter" shall mean the Representation Letter pursuant to which the City agrees to comply with DTC's Operational Arrangements. (b) The Obligations shall be initially issued as separately authenticated fully registered bonds, and one Obligation shall be issued in the principal amount of each stated maturity of the Obligations. Upon initial issuance, the ownership of such Obligations shall be registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Obligations registered in its name for the purposes of payment of the principal of or interest on the Obligations, selecting the Obligations or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Obligations under this resolution, registering the transfer of Obligations, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Obligations under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Obligations, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Obligations, with respect to any notice which is permitted or required to be given to owners of Obligations under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Obligations, or with respect to any consent given or other action taken by DTC as registered owner of the Obligations. So long as any Obligation is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Obligation, and shall give all notices with respect to such Obligation, only to Cede & Co. in accordance with DTC's Operational Arrangements, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Obligations to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Obligation for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Obligations will be transferable to such new nominee in accordance with paragraph (e)hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Obligations in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Obligations in the form of certificates. In such event, the Obligations will be transferable in accordance with paragraph(e) hereof. DTC may determine to discontinue providing its services with respect to the Obligations at any time by giving notice to the City and the Registrar and 6 discharging its responsibilities with respect thereto under applicable law. In such event the Obligations will be transferable in accordance with paragraph(e) hereof. (d) The execution and delivery of the Representation Letter to DTC, if not previously filed with DTC, by the Mayor or City Manager is hereby authorized and directed. (e) In the event that any transfer or exchange of Obligations is permitted under paragraph (b) or(c)hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Obligations to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Obligations in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Obligations, or another securities depository as owner of all the Obligations, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation,the printing of such Obligations in the form of bond certificates and the method of payment of principal of and interest on such Obligations in the form of bond certificates. 2.09. Form of Obligations. The Obligations shall be prepared in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDEN PRAIRIE GENERAL OBLIGATION [TAXABLE] EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2009B No. R- $ Interest Rate Maturity Date Date of Original Issue CUSIP No. December 1, 20_ August 1, 2009 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THOUSAND DOLLARS THE CITY OF EDEN PRAIRIE, MINNESOTA (the City), acknowledges itself to be indebted and for value received hereby promises to pay the principal sum specified above on the maturity date specified above, subject to prior payment as provided herein, with interest thereon from the date hereof at the annual rate specified above,payable on June 1 and December 1 in each year, commencing June 1, 2010, to the person in whose name this Obligation is registered at the close of business on the fifteenth day(whether or not a business day) of the immediately preceding month. Interest hereon shall be computed on the basis of a 360-day year composed of twelve 30-day months. The interest hereon and, upon presentation and surrender hereof at the principal office of the Registrar described below, the principal hereof are payable in lawful money of the United States of America by check or draft drawn on Wells Fargo Bank,National 7 Association, Minneapolis, Minnesota, as bond registrar, transfer agent and paying agent, or its successor designated under the Resolution described herein(the Registrar). For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. This Obligation is one of an issue in the aggregate principal amount of$2,455,000 issued pursuant to a resolution adopted by the City Council on July 21, 2009 (the Resolution), to finance the costs of acquisition of capital equipment, and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section 412.301 and Chapter 475. The Obligations are issuable only in fully registered form, in denominations of$5,000 or greater, of single maturities. Obligations maturing in the years 2017 and 2018 shall be subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar(or, if applicable, by the bond depository in accordance with its customary procedures) in integral multiples of$5,000, on December 1, 2016, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The City shall cause notice of the call for redemption thereof to be published if and as required by law, and at least thirty and not more than 60 days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail, to the registered holders of any Obligations to be redeemed, at their addresses as they appear on the bond register maintained by the Bond Registrar, provided that notice shall be given to any securities depository in accordance with its operational arrangements, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Obligation not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Obligations or portions of Obligations so to be redeemed shall, on the redemption date,become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Obligations or portions of Obligations shall cease to bear interest. Upon partial redemption of any Obligation, a new Obligation or Obligations will be delivered to the owner without charge, representing the remaining principal amount outstanding. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS- ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] [Obligations maturing on December 1 in the years 20 and 20 shall be subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of the Resolution, at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date, without premium, on December 1 in each of the following years and principal amounts: Term Bonds Maturing in 20-- Term Bonds Maturing in 20-- 8 Sinking Fund Aggregate Sinking Fund Aggregate Payment Date Principal Amount Payment Date Principal Amount $ $ Notice of redemption shall be given as provided in the preceding paragraph.] As provided in the Resolution and subject to certain limitations set forth therein, this Obligation is transferable upon the books of the City at the office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney, and may also be surrendered in exchange for Obligations of other authorized denominations. Upon such transfer or exchange the City will cause a new Obligation or Obligations to be issued in the name of the transferee or registered owner, of the same aggregate principal amount,bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. [The Obligations have been designated as "qualified tax-exempt obligations"pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.] The City and the Registrar may deem and treat the person in whose name this Obligation is registered as the absolute owner hereof, whether this Obligation is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Obligation in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required; that,prior to the issuance hereof, the City Council has levied ad valorem taxes on all taxable property in the City, which taxes will be collectible for the years and in amounts sufficient to produce sums not less than five percent in excess of the principal of and interest on the Obligations when due, and has appropriated such taxes to its General Obligation [Taxable] Equipment Certificates of Indebtedness, Series 2009B Sinking Fund for the payment of such principal and interest; that if necessary for payment of such principal and interest, additional ad valorem taxes are required to be levied upon all taxable property in the City, without limitation as to rate or amount; that the issuance of this Obligation, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Obligation shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by manual signature of one of its authorized representatives. 9 IN WITNESS WHEREOF, the City of Eden Prairie, Minnesota, by its City Council, has caused this Obligation to be executed on its behalf by the facsimile signatures of the Mayor and City Manager and has caused this Obligation to be dated as of the date set forth below. Date of Authentication: CITY OF EDEN PRAIRIE, MINNESOTA (facsimile signature - City Manager) (facsimile signature -Mayor) CERTIFICATE OF AUTHENTICATION This is one of the Obligations delivered pursuant to the Resolution mentioned within. Date of Authentication: WELLS FARGO BANK,NATIONAL ASSOCIATION, as Registrar By Authorized Representative The following abbreviations, when used in the inscription on the face of this Obligation, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM - as tenants in common UTMA as Custodian for (Cust) (Minor) TEN ENT - as tenants by the entireties under Uniform Transfers to Minors Act (State) JT TEN -- as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Obligation and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer 10 the said Obligation on the books kept for registration of the within Obligation, with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Obligation in every particular, without alteration or enlargement or any change whatsoever. Signature Guaranteed: Signature(s)must be guaranteed by an "eligible guarantor institution"meeting the requirements of the Registrar, which requirements include membership or participation in STAMP or such other "signature guaranty program" as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: [end of certificate form] Section 3. General Obligation [Taxable] Equipment Certificates of Indebtedness, Series 2009B Sinking Fund. So long as any of the Obligations are outstanding and any principal of or interest thereon unpaid, the City Manager shall maintain a separate debt service fund on the official books and records of the City to be known as the General Obligation [Taxable] Equipment Certificates of Indebtedness, Series 2009B Sinking Fund(the Sinking Fund), and the principal of and interest on the Obligations shall be payable from the Sinking Fund. The City irrevocably appropriates to the Sinking Fund(a) any amount in excess of$ received from the Purchaser(including amounts representing capitalized interest); (b) all taxes levied and collected in accordance with this Resolution; and(c) all other moneys appropriated by the City Council to the Sinking Fund from time to time. If the balance in the Sinking Fund is at any time insufficient to pay all interest and principal then due on all Obligations payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Sinking Fund when the balance therein is sufficient, and the City Council covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory limitation. 11 Section 4. Pledge of Taxing Powers. For the prompt and full payment of the principal of and interest on the Obligations as such payments respectively become due, the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In order to produce aggregate amounts not less than 5% in excess of the amount needed to meet when due the principal and interest payments on the Obligations, ad valorem taxes are hereby levied on all taxable property in the City. The taxes are to be levied and collected in the following years and amounts: Levy Years Collection Years Amount See attached Levy Computation The taxes shall be irrepealable as long as any of the Obligations are outstanding and unpaid, provided that the City reserves the right and power to reduce the tax levies in accordance with the provisions of Minnesota Statutes, Section 475.61. Section 5. Defeasance. When all of the Obligations have been discharged as provided in this section, all pledges, covenants and other rights granted by this Resolution to the holders of the Obligations shall cease. The City may discharge its obligations with respect to any Obligations which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Obligation should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The City may also at any time discharge its obligations with respect to any Obligations, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank or trust company qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing or callable at the holder's option on such dates as shall be required to pay all principal and interest to become due thereon to maturity. Section 6. Certification of Proceedings. 6.01. Registration of Obligations and Levy of Taxes. The City Manager is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County and obtain a certificate that the Obligations have been duly entered upon the Auditor's register and the tax required by law has been levied. 6.02. Authentication of Transcript. The officers of the City and the County Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey &Whitney LLP, Bond Counsel, certified copies of all proceedings and records relating to the Obligations and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Obligations, as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, affidavits and certificates, including any heretofore furnished, shall be deemed representations of the City as to the correctness of all statements contained therein. Section 7. Tax Covenants; Arbitrage Matters; Reimbursement and Continuing Disclosure. 12 7.01. General Tax Covenant. The City agrees with the registered owners from time to time of the Obligations that it will not take, or permit to be taken by any of its officers, employees or agents, any action that would cause interest on the Obligations [, if the interest on the Obligations were intended to be tax-exempt,] to become includable in gross income of the recipient under the Internal Revenue Code of 1986, as amended(the Code) and applicable Treasury Regulations (the Regulations), and covenants to take any and all affirmative actions within its powers to ensure that the interest on the Obligations [(if the interest on the Obligations were intended to be tax-exempt)] does not become includable in gross income of the recipient under the Code and the Regulations. In particular, the City covenants and agrees that all proceeds of the Obligations will be expended solely for the payment of the costs of acquisition and installation of capital equipment to be owned and maintained by the City and used in the City's general governmental operations. The City shall not enter into any lease, management contract, use agreement, capacity agreement or other agreement with any non-governmental person relating to the use of the City shall not enter into any lease, use or other agreement with any non-governmental person relating to the use of the equipment or security for the payment of the Obligations which might cause the Obligations [, if interest on the Obligations were intended to be tax-exempt,] to be considered"private activity bonds"or"private loan bonds"pursuant to Section 141 of the Code. 7.02. Certification. The Mayor and City Manager being the officers of the City charged with the responsibility for issuing the Obligations pursuant to this Resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code and Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Obligations which make it reasonable to expect that the proceeds of the Obligations will not be used in a manner that would cause the Obligations[, if interest on the Bonds were intended to be tax-exempt,] to be "arbitrage bonds"within the meaning of the Code and Regulations. 7.03. Arbitrage Rebate. (a) It is hereby found that the City has general taxing powers, that no Obligation is a "private activity bond" within the meaning of Section 141 of the Code, that 95% or more of the net proceeds of the Obligations are to be used for local governmental activities of the City, and that the aggregate face amount of all tax-exempt obligations (other than private activity bonds) issued by the City and all subordinate entities thereof during the year 2009 is not reasonably expected to exceed$5,000,000. Therefore, pursuant to Section 148(f)(4)(D) of the Code, the City shall not be required to comply with the arbitrage rebate requirements of paragraphs (2) and(3) of Section 148(f) of the Code. (b)Notwithstanding the provisions of paragraph(a) of this Section 7.03, if the arbitrage rebate provisions of Section 148(f) of the Code apply to the Obligations, the City hereby covenants and agrees to make the determinations, retain records and rebate to the United States the amounts at the times and in the manner required by said Section 148(f) and applicable Regulations. 7.04. Reimbursement. The City certifies that the proceeds of the Obligations will not be used by the City to reimburse itself for any expenditure with respect to the equipment which the City paid or will have paid more than 60 days prior to the issuance of the Obligations unless, with respect to such prior expenditures, [the City is in compliance with the relevant 13 provisions of the American Resource and Recovery Act of 2009 and unless] the City shall have made a declaration of official intent which complies with the provisions of Section 1.150-2 of the Regulations, provided that a declaration of official intent shall not be required(i)with respect to certain de minimis expenditures, if any, with respect to the equipment meeting the requirements of Section 1.150-2(f)(1) of the Regulations, or(ii) with respect to "preliminary expenditures" for the equipment as defined in Section 1.150-2(f)(2) of the Regulations which in the aggregate do not exceed 20% of the "issue price" of the Obligations. [7.05. Qualified Tax-Exempt Obligations. The City Council hereby designates the Obligations as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code relating to the disallowance of interest expense for financial institutions, and hereby finds that the reasonably anticipated amount of tax-exempt obligations which are not private activity bonds (not treating qualified 501(c)(3)bonds under Section 145 of the Code as private activity bonds for the purpose of this representation) and are not excluded from this calculation by Section 265(b)(3)(C)(ii) of the Code which will be issued by the City and all subordinate entities during calendar year 2009 does not exceed$30,000,000.] 7.06. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect and interpreted from time to time, the Rule), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. The City has complied in all material respects with any undertaking previously entered into by it under the Rule. If the City fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any person or entity which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of the Bond for federal income tax purposes. 14 (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: (1) on or before 365 days after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2008, the following financial information and operating data in respect of the City(the Disclosure Information): (A) the audited financial statements of the City for such fiscal year, containing balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form such figures for the preceding fiscal year of the City, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) to the extent not included in the financial statements referred to in paragraph(A) hereof, the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under headings: City Property Values; City Indebtedness; and City Tax Rates, Levies and Collections. Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to each of the repositories hereinafter referred to under subsection (c) or the SEC. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board (the "MSRB"). The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such 15 additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)(1) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner, notice of the occurrence of any of the following events which is a Material Fact(as hereinafter defined): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions or events affecting the tax-exempt status of the security; (G) Modifications to rights of security holders; (H) Bond calls; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities; and (K) Rating changes. As used herein, a Material Fact is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a Material Fact is also an event that would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; (B) the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection(d)(2); (C) the termination of the obligations of the City under this section pursuant to subsection(d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. 16 (c) Manner of Disclosure. The City agrees to make available the information described in subsection (b) to the following entities by telecopy, overnight delivery, mail or other means, as appropriate: (1) the information described in paragraph (1) of subsection (b), to each then nationally- recognized municipal securities information repository ("NRMSR") under the Rule, provided that from and after July 1, 2009, the Electronic Municipal Market Access System ("EMMA") operated by the MSRB as a NRMSR shall be the primary repository for continuing disclosure under the Rule; (2) the information described in paragraphs (2) and (3) of subsection (b), to the MSRB; and (3) the information described in subsection (b), to any rating agency then maintaining a rating of the Bonds at the request of the City and, at the expense of such Bondowner, to any Bondowner who requests in writing such information, at the time of transmission under paragraphs (1) or (2) of this subsection (c), as the case may be, or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. (4) all documents provided to the MSRB shall be accompanied by identifying information as prescribed by the MSRB. (d) Term; Amendments; Interpretation. (1) The covenants of the City in this section shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This section (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or(b) is required by, or better complies with, the provisions of paragraph (b)(5) 17 of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph(b)(5) of the Rule. Upon vote being taken upon the foregoing resolution, the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. 18 PROJECTED LEVIES Date Levy 2009 2010 2011 2012 2013 2014 2015 2016 2017 Total COUNTY AUDITOR'S CERTIFICATE AS TO REGISTRATION AND TAX LEVY The undersigned,being the duly qualified and acting County Auditor of Hennepin County, Minnesota, hereby certifies that there has been filed in my office a certified copy of a resolution duly adopted on July 21, 2009, by the City Council of the City of Eden Prairie, Minnesota, setting forth the form and details of an issue of$2,455,000 General Obligation [Taxable] Equipment Certificates of Indebtedness, Series 2009B, dated as of August 1, 2009, and levying taxes for their payment. I further certify that the issue has been entered on my bond register and the tax required by law for their payment has been filed, as required by Minnesota Statutes, Sections 475.51 to 475.74. WITNESS my hand and official seal this day of , 2009. County Auditor (SEAL) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 21, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 09-5749 ITEM NO.: VIII.E. Randy Newton Award Construction Contract for the Public Works/Engineering Flying Cloud Drive Trail Improvements Requested Action Move to: Adopt resolution awarding construction contract for I.C. 09-5749, Flying Cloud Drive Trail Improvements to Northwest Asphalt, Inc. in the amount of $344,035.55. Synopsis Sealed bids for this project were received on July 16, 2009. Ten(10)bids were received and are tabulated on the attached Summary of Bids. The low bid in the amount of$344,035.55 was submitted by Northwest Asphalt and is 43%below the Engineer's Estimate. Staff has reviewed the bids and recommends awarding the contract for the project to Northwest Asphalt. Background Information The Flying Cloud Drive Trail improvements include the construction of new trail facilities in the following locations: • East side of Flying Cloud Drive between Singletree Lane and West 78th Street. • East side of Flying Cloud Drive between Anderson Lakes Parkway and the south end of Summit Place. • West s ide of Flying Cloud D rive between Prairie C enter Drive and T echnology D rive (excluding the segment between Regional Center Road and Singletree Lane which will be constructed as part of the Windsor Plaza development). Each of these tr ail segments completes a gap in the C ity's tr ail system and will significantly improve the walkability of the Flying Cloud Drive corridor. Construction of the trail will occur between August and October of this year. The project also includes the reconstruction of the t rail on t he north s ide of W est 78 th Street between Flying Cloud Drive and Prairie Center Drive. Staff is continuing to work on obtaining all the necessary easements to complete this work. The process has been proceeding well and at this time it does not appear that this process will result in any significant delays to the project. Financial Implications With the low bid of$344,035.55 the current total project cost estimate is $625,000. Proceeds from the trail/ sidewalk element of the Park Bond Referendum are the primary source of funding for the project. I n addition, Hennepin County has agreed to contribute $200,000 in funding to the project. The cost p articipation agreement with Hennepin County i s included as a separate item on the City Council agenda. Approximately $45,000 of the Trail Improvement Fund will also be used to fund the reconstruction of the West 78th Street trail. Attachments • Resolution • HTPO Recommendation Letter • Summary of Bids CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2009- RESOLUTION ACCEPTING BID FOR FLYING CLOUD DRIVE TRAIL IMPROVEMENTS I.C.#09-5749 WHEREAS,pursuant to an advertisement for bids for the following improvement: I.C. 09-5749: Flying Cloud Drive Trail Improvements Ten (10) bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS,the City Engineer recommends award of Contract to: Northwest Asphalt, Inc. as the lowest responsible bidder. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with Northwest Asphalt, Inc. in the name of the City of Eden Prairie in the amount of $344,035.55, in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on July 21, 2009. Phil Young,Mayor ATTEST: SEAL Kathleen Porta, City Clerk Z —1 p I I Engineering Surveying i") Landscape Architecture July 16,2009 Mr. Randy Newton City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: Construction Bids for Flying Cloud Drive Trail I.C. 09-5749 Dear Mr. Newton, Bids were received and opened at 10:00 a.m. on Thursday July 16, 2009, for the above referenced project. The bids are shown on the attached Summary of Bids. The Engineer's Estimate for this project was $600,875.00. The low bidder, Northwest Asphalt, came in 43% below the Engineer's Estimate with a bid of$344,035.55. Recommendation is made that the City Council awards I.C. 09-5749 to Northwest Asphalt in the amount of $344,035.55. This recommendation considers that the City Council reserves the right to waive minor irregularities and further reserves the right to award the contract in the best interests of the City. Respectfully, Hansen Thorp Pellinen Olson, Inc. c):41.4; a. ?P'Ani -- Laurie A.Johnson,P.E. 7510 Market Place Drive Enclosures Eden Prairie, MN 55344 952-829-0700 952-829-7806 fax www.htpo.com HANSEN THORP PELLINEN OLSON, INC. SUMMARY OF BIDS City of Eden Prairie I.C. 09-5749 DESCRIPTION: Flying Cloud Drive Trail BID OPENED: July 16, 2009 CONSULTING ENGINEER: Hansen Thorp Pellinen Olson, Inc. CHECKED BY: Hansen Thorp Pellinen Olson, Inc. Bidder Bid Security Total Bid Addendum #1 Northwest Asphalt Yes $344,035.55 Yes Stocker Excavating, Inc. Yes $382,703.10 Yes Sunram Construction, Inc. Yes $396,259.95 Yes Max Steininger, Inc. Yes $397,498.86 Yes Bituminous Roadways, Inc. Yes $418,663.50 Yes DMJ Corporation Yes $422,391.75 Yes Veit Yes $423,356.00 Yes Midwest Asphalt Corporation Yes $452,415.50 Yes Valley Paving, Inc. Yes $492,053.00 Yes Wm. Mueller& Sons, Inc. Yes $578,562.21 Yes CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 21, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 09-5749 ITEM NO.: VIII.F. Randy Newton Approve Professional Services Public Works/Engineering Agreement with HTPO, Inc. for Construction Phase Services for the Flying Cloud Drive Trail Improvements Requested Action Move to: Approve Professional Services Agreement with HTPO, Inc. for Construction Phase Services for the Flying Cloud Drive Trail Improvements. Synopsis This P rofessional Services A greement w ill pr ovide c onstruction pha se s ervices ( staking, inspection, and c ontract administration) for the F lying C loud D rive T rail Improvements. T he project i s s cheduled for co nstruction t his s ummer a nd f all. T he es timated cost f or t he construction phase services is $54,000. Background Information The Flying Cloud Drive Trail improvements include the construction of new trail facilities in the following locations: • East side of Flying Cloud Drive between Singletree Lane and West 78th Street. • East side of Flying Cloud Drive between Anderson Lakes Parkway and the south end of Summit Place. • West s ide of Flying C loud D rive between Prairie C enter D rive and T echnology D rive (excluding the segment between Regional Center Road and Singletree Lane which will be constructed as part of the Windsor Plaza development). The project has also includes the reconstruction of the trail on the north side of West 78th Street between Flying Cloud Drive and Prairie Center Drive. Construction of the project is planned to occur between August and October of this year. The project has been designed,plans and specifications have been approved, and the bids for construction were received on July 16, 2009. The contract award is included as a separate item on this Council agenda. Attachments • Professional Services Agreement • Exhibit A—HTPO Proposal letter Rev. 7-10-2009 Standard Agreement for Professional Services This Agreement is made on the 21 day of July , 20 09 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen Thorp Pellinen Olson, Inc. (HTPO) , a Minnesota consultant hereinafter "Consultant") whose business address is 7510 Market Place Drive, Eden Prairie, MN 55344 . Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Flying Cloud Drive Construction Phase Services hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work/Proposal. The Consultant agrees to provide the professional services shown in Exhibit "A" (HTPO's Proposal Letter dated June 23, 2009) 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 July 21, 2009 through October 31, 2010 , 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 $ 54,000 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: 1 Rev. 7-10-2009 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. 7-10-2009 6. Project Manager and Staffing. The Consultant has designated Laurie Johnson and Aaron Carrell 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 3 Rev. 7-10-2009 and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 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, to the extent attributable to a negligent or otherwise wrongful 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 4 Rev. 7-10-2009 any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,000,000 property damage and bodily injury 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 each accident (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 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 coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. 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 5 Rev. 7-10-2009 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 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. 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. 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 policies, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be 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, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of 6 Rev. 7-10-2009 Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, 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. 7-10-2009 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 Z Engineering Surveying 1 Landscape Architecture June 23,2009 Mr. Randy Newton City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Flying Cloud Drive Trail, I.C. 09-5749 Eden Prairie, MN Dear Randy, As requested, the following estimate for civil engineering and surveying construction phase services for the above referenced project is provided for your consideration. Estimate Scope of Service $52,500.00 Bid administration,construction administration, staking,inspection,and preparation of record drawings. Assumes inspection time of 20 hours per week for a construction duration of 3 months. $ 1,500.00 Reimbursables $54,000.00 TOTAL We assume that the geotechnical consultant will be under a separate contract directly with the City. Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personal expense, and reimbursable expenses incurred (printing,courier,and other out-of-house documents and fees). We will keep you informed of our work progress and the above fee estimate will not be exceeded without 7510 Market Place Drive prior approval from your office. We invoice our services monthly Eden Prairie, MN 55344 payable within 30 days. 952-829-0700 952-829-7806 fax www.htpo.com HANSEN THORP PELLINEN OLSON, INC. Newton/Johnson June 23,2009 Page 2 Thank you for this opportunity to provide our services. Sincerely, Hansen Thorp Pellinen Olson, Inc. _la..ati; 4' 57/40"-- Laurie A.Johnson,P.E. Principal 1 1 I Engineering • Surveying HOURLY BUDGET & SCHEDULE 0 Landscape Architecture Project Flying Cloud Drive Trail-Construction Phase Client City of Eden Prairie Date 6/9/2009 Job No. HOURS BILLING RATE TOTALS TASK PHASE: CATEGORY DATE 100 SURVEY Proposed Fee Field-boundary,utilities,wetlands,misc. Crew 152 0 $0 Research/Computation Sury II 94 0 Draft-compilation Tech II 72 0 Check/Supervision _Sury IV 128 0 QC Review Sury V 139 0 Billable Total $0 200 FEASIBILITY STAGE Proposed Fee Set up Project Files Eng I 77 0 $0 Project Management,Coordination EngV 139 0 Gathering Information(as-builts,plats, topo,etc.) Eng I 77 0 Inhouse kickoff meeting Eng I/Eng V 108 0 Order Field Work Eng I 77 0 Private Utility Locations Eng I 77 0 Preliminary Layout/Design Eng I 77 0 Analyze Alternatives Eng I 77 0 Quantities Eng I 77 0 Check Quantities Tech IV 100 0 Cost Estimates(Preliminary) Eng I 77 0 Cost Tabulation with Fees Eng I 77 0 Meetings with Client Eng I/Eng V 108 0 Meetings with Neighbors Eng V 139 0 Narrative Eng I 74 0 Figures Eng I 74 0 Assessment Roll Eng I 74 0 Property Owner List Eng I 74 0 Footage&Acreage Eng I 74 0 Calculation Eng I 74 0 Project Schedule Eng I 74 0 Public Hearing Notice Eng I 74 0 PE Review Eng V 139 0 QC Review Eng III 111 0 Billable Total $0 250 CONSTRUCTION PLANS Proposed Fee Project Management,Coordination Eng V 139 0 $0 Order Soils Borings,wetland delineation Eng I 77 0 Order Survey Work Eng I 77 0 Contact Private Utilities •Eng I 77 0 Set up Sheet Network Eng I 77 0 Horizontal Layout/Stationing Eng I 77 0 Vertical Grade/Curves Eng I 77 0 Flying Cloud Drive Trail Construction Phase.xlsx page 1 of 3 6/23/2009 Cross Sections Eng I 77 0 Typical Sections Eng I 77 0 Storm Sewer Design Eng I 77 0 Relocations/removals Eng I 77 0 Intersection modifications Eng I 77 0 Retaining walls Eng I 77 0 Special Notes, Labeling Eng I 77 0 Erosion Control/SWPPP Eng I 77 0 Easements/Construction access Eng I/Tech IV 88.5 0 Meetings with Client Eng I/Eng V 108 0 Cover Sheet Eng I 77 0 Details Eng I 77 0 Signing and Striping/Traffic Control Eng I 77 0 Overall Layout Sheet Eng I 77 0 Statement of Est Quantity Sheet Eng I 77 0 Coordination w/ County and State Eng I/Eng V 108 0 Coordination w/ adjacent properties Eng I/Eng V 108 0 PE Review/Supervision Eng V 139 0 Field Check of Existing Conditions Eng I 77 0 Send Plans to Private Utility Companies Eng I 77 0 QC Review Eng III/Tech IV 105.5 0 Billable Total $0 Revisions from County In-house revisions 250 SPECIFICATIONS Proposed Fee Cover Eng I 77 0 $0 Table of Contents Eng I 77 0 Certification Eng I 77 0 Ad for Bids Eng I 77 0 Special Conditions •Eng I 77 0 Final Quantities Eng I 77 0 Check Quantities Tech IV 100 0 Bid Summary and Signature Sheets Eng I 77 0 Appendix(soil borings,permit requirements,etc.) Eng I 77 0 Typing Clerical I 56 0 Check Typing Eng I 77 0 PE Review Eng V 139 0 QC Review Eng III 111 0 Printing&binding Clerical I 56 0 Check printed books Eng I 77 0 Billable Total $0 250 EASEMENTS Proposed Fee Descriptions Sury IV 128 0 $0 Sketches Tech II 72 0 Check against Plans Eng I 77 0 QC Review Sury V 139 0 Billable Total $0 250 PERMITS Proposed Fee Health Department Watermain Extension Eng I 74 0 $0 PCA Sanitary Sewer Extension(cc: MCES) Eng I 74 0' MCES Sanitary Connection Eng I 74 0 Flying Cloud Drive Trail Construction Phase.xlsx page 2 of 3 6/23/2009 PCA Stormwater Eng I 74 0 Watershed Eng I 74 0 DNR Eng I 74 0 Corp of Engineers Eng I 74 0 State Wetland Act(LGU) Eng I 74 0 City Grading or Utility Connection Eng I 74 0 State Eng I 74 0 County Eng I 74 0 Williams pipeline Eng I 74 0 Billable Total $0 500 CONSTRUCTION ADMINISTRATION Proposed Fee Bidders Questions 16 Eng I 77 1,232 $8,700 Addendums 2 Eng I 77 154 Bid Opening 2 Eng I 77 154 Prepare Bid Tabulation,Rec. Letter 6 Eng I 77 462 Prepare Contracts,Award Letter 2 Eng I 77 154 Preconstruction Meeting 6 Eng I/Eng V 108 648 Permit Notifications/Terminations 4 Eng I 77 308 Property Owner Notice/Newsletter 12 Eng I 77 924 Pay Requests 15 Eng I 77 1,155 Shop Drawings 4 Eng I 77 308 Office coordination/communications 26 Eng V/Eng I 108 2,808 Final Payment Recommendation 4 Eng I 74 296 Billable Total $8,603 550 CONSTRUCTION OBSERVATION Proposed Fee Field 300 Eng I 77 23,100 $26,100 Field Supervision 30 Tech IV 100 3,000 Billable Total $26,100 600 CONSTRUCTION STAKING Proposed Fee Supervision/Management 10 Sury V 139 1,390 $16,300 Erosion Control/ Removals 14 Crew 152 2,128 Water Main 2 Crew 152 304 Storm Sewer 8 Crew 152 1,216 Retaining Wall 4 Crew 152 608 Curb 30 Crew 152 4,560 Trail 24 Crew 152 3,648 Office Comps 25 Sury II 94 2,350 Billable Total $16,204 700 CONSTRUCTION RECORD DRAWINGS/AS-BUILTS Proposed Fee Field-Utility Structures 5 Crew 152 760 $1,300]Draft 5 Eng I 77 385 Check/Supervision 1 Eng V 139 139 Billable Total $1,284 Expenses&Reimbursables $1,500 $53,900 Project Total $52,191 Raw Total Flying Cloud Drive Trail Construction Phase.xlsx page 3 of 3 6/23/2009 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 21, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #09-5749 ITEM NO.: VIII.G. Randy Newton Approve Cost Participation Agreement Public Works/Engineering with Hennepin County for the Flying Cloud Drive Trail Improvements Requested Action Move to: Adopt resolution approving Cost Participation Agreement No. PW 27-49-09 with Hennepin County for the Flying Cloud Drive Trail Improvements. Synopsis This Agreement provides for Hennepin County's $200,000 cost participation in the Flying Cloud Drive Trail Improvement Project. The agreement is consistent with other similar agreements that have been previously approved with Hennepin County. Background Information The Flying Cloud Drive Trail improvements include the construction of new trail facilities in the following locations: • East side of Flying Cloud Drive between Singletree Lane and West 78th Street. • East side of Flying Cloud Drive between Anderson Lakes Parkway and the south end of Summit Place. • West s ide of Flying C loud D rive between Prairie C enter D rive and T echnology D rive (excluding the segment between Regional Center Road and Singletree Lane which will be constructed as part of the Windsor Plaza development). The project has also includes the reconstruction of the trail on the north side of West 78th Street between Flying Cloud Drive and Prairie Center Drive. Construction of the project is planned to occur between August and October of this year. This project has been designed,plans and specifications have been approved, and the bids for construction were received on July 16, 2009. The contract award is included as a separate item on this Council agenda. Attachments • Resolution • Cost Participation Agreement No. PW 27-49-09 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2009- APPROVE COST PARTICIPATION AGREEMENT NO. PW 27-49-09 WITH HENNEPIN COUNTY FOR THE PROPOSED FLYING CLOUD DRIVE TRAIL IMPROVEMENTS (LC. 09-5749) WHEREAS, the C ity of E den P rairie has prepared plans for the Flying C loud Drive T rail Improvements; and WHEREAS, the City of Eden Prairie has requested Hennepin County participation in the costs of constructing trails along both sides of Flying Cloud Drive between Anderson Lake Parkway and Technology Drive; and WHEREAS, the project i s e ligible f or pa rticipation unde r H ennepin C ounty's bi keway cost participation policy; and WHEREAS, Hennepin County has prepared a Cost P articipation Agreement that identifies th e cost participation, construction, and maintenance responsibilities for the proposed trails. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that said Hennepin County Cost P articipation Agreement No. PW 27 -49-09 for City P roject 09-5749 is h ereby approved, and the M ayor and C ity M anager a re authorized t o execute t he said Agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on July 21, 2009. Phil Young,Mayor ATTEST: SEAL Kathleen Porta, City Clerk Agreement No, PW 27-49-09 County Project No. 0920 CSAH 61 (Future) City of Eden Prairie County of Hennepin AGREEMENT FOR COST PARTICIPATION THIS AGREEMENT, Made and entered into this day of , 20 , by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, it is anticipated that jurisdiction of Minnesota Trunk Highway 212 (Flying Cloud Drive) from the Carver/Hennepin County Line to CSAH 39 (Valley View Road) in the City of Eden Prairie will be transferred from the State of Minnesota to the County; and WHEREAS,upon said jurisdictional transfer the above mentioned roadway will be classified and known as County State Aid Highway(CSAH) 61 (Flying Cloud Drive); and WHEREAS, the City has requested County participation in the costs of constructing trails along both sides of Flying Cloud Drive (Trunk Highway 212/future CSAH 61) between Anderson Lakes Parkway and Technology Drive in the City of Eden Prairie; and WHEREAS, the construction of the afore referenced trail shall be identified and accomplished under a City Project No. 09-5749 (County Project No. 0920) hereinafter referred to as the "Project"; and WHEREAS,the Project will close a number of gaps in existing trail sections along Flying Cloud Drive, and provide connections to existing trails along Anderson Lakes Parkway and Technology Drive; and WHEREAS,the City or its agents will prepare plans and specifications for the construction of the Project, and will supervise construction of the Project; and WHEREAS, the City will request that the County approve the plans and specifications and that the County authorize the City to perform the work in accordance with said plans and specifications for said Project; and WHEREAS,the City or its agent has prepared an Engineer's Estimate of quantities and unit prices for the construction contract work in the amount of Eight Hundred Sixty Thousand Dollars and No Cents ($860,000.00); and - 1 - 'A;° Agreement No. PW 27-49-09 CSAH 61; C.P. 0920 WHEREAS, the Flying Cloud Drive trail is designated as a bikeway in the Eden Prairie "Comprehensive Park and Open Space Plan", and the Hennepin County Bicycle Transportation Plan; and WHEREAS,the Project is eligible for participation under Hennepin County's bikeway cost participation policy; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1 and Section 471.59. NOW THEREFORE,IT IS HEREBY AGREED: I The City or its agents shall prepare the necessary plans and specifications. The plans and specifications prepared by the City or its agents shall be approved by the County prior to construction of the Project. Said plans and specifications prepared by the City or its agents shall be designed according to County guidelines and practices, and consistent with the Mn/DOT "Bicycle Transportation Planning and Design Guidelines". Two (2) sets of approved plans shall be provided at no cost to the County prior to the start of any construction. The City shall solicit bids and award the contract for construction of the Project in accordance with Minnesota Statues but reserves the right to reject all bids and abandon the Project. II The City shall supervise construction of the Project and perform all required engineering, inspection and testing. The County Engineer or staff shall have the right, as the work progresses, to enter upon the job site to make any inspections deemed necessary, but shall have no responsibility for the supervision of the work. III The County agrees that the City may make changes in the plans or in the character of said construction which are reasonably necessary to cause said construction to be in all things performed and completed in a satisfactory manner consistent with the plans and specifications approved by the County. The County Engineer or designated representative shall have the opportunity to review any - 2 - __ Agreement No. PW 27-49-09 CSAH 61; C.P. 0920 proposed changes to the plans and specifications prior to the work being performed. IV It is understood and agreed by the parties hereto that participation in the costs of the Project by the County is contingent upon the aforereferenced jurisdictional transfer of said roadway from the State of Minnesota to the County. Upon said jurisdictional transfer and upon completion of the Project, the City shall notify the County and shall submit an invoice indicating the County's participating share of the Project. The City shall also submit complete documentation showing the City's total cost for the Project. Upon review and approval of the Project by the County Engineer or designated representative, the County shall reimburse the City the County's participating share of the Project costs. The City understands and agrees that the County's total cost participation in the costs of the Project will be a lump sum amount of Two Hundred Thousand Dollars and No Cents ($200,000.00). The County will within forty five (45) days of said invoice, deposit with the City funds totaling the amount of said invoice. V All records kept by the City and the County with respect to this Project shall be subject to examination by the representatives of each party hereto. VI It is understood by the parties hereto that upon completion of the Project proposed herein, all improvements included in the Project shall become the property of the City and all maintenance, restoration, repair or replacement required thereafter shall be performed by the City at no expense to the County. Notwithstanding the maintenance responsibilities of the City as specified in the previous paragraph, it is further understood and agreed that upon completion of the Project the City, at its sole cost and expense, will perform all routine maintenance on the retaining walls, and retaining wall fencing and railing constructed as a part of the Project. In the event, at any time in the future, that the retaining walls constructed as a part of the Project are rehabilitated and/or replaced the County agrees to participate in fifty(50) percent of the costs of rehabilitation and/or replacement for said retaining walls, and integral retaining wall fencing and railings. All questions of maintenance responsibilities that may arise shall be jointly resolved by the City's Director of Public Works and the County's Road and Bridge Operations Division Engineer. - 3 - 1i\A— Agreement No. PW 27-49-09 CSAH 61; C.F. 0920 The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action,judgments, damages, losses, costs or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the City, its subcontractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable related to the ownership, maintenance, existence, restoration, repair or replacement of the City owned improvements. The City's liability under this indemnification obligation shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. VII Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by the law, and shall not be responsible for the acts of the other party and the results thereof. The County's and the City's liability are governed by the provisions of Minnesota Statutes, Chapter 466. The County and the City each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program. VIII It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Worker's Compensation Act or the Minnesota Economic Security Law on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Worker's Compensation Act or the Minnesota Economic Security Law on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. IX In order to coordinate the services of the City with the activities of the County so as to accomplish the purpose of this Agreement, the County Engineer or a designated representative shall manage this Agreement on behalf of the County and shall serve as liaison between the County and the City. - 4 W�- Agreement No. PW 27-49-09 CSAH 61; C.P. 0920 In order to coordinate the services of the County with the activities of the City so as to accomplish the purpose of this Agreement, the City Engineer or a designated representative shall manage this Agreement on behalf of the City and shall serve as Iiaison between the City and the County. X It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. XI The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. (this space left intentionally blank) 5 W�-- Agreement No. PW 27-49-09 CSAH 61; C.P. 0920 IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF EDEN PRAIRIE (Seal) By: Mayor Date: And: City Administrator-Clerk Date: COUNTY OF HENNEPIN ATTEST: By: By: Deputy/Clerk of the County Board Chair of its County Board Date: Date: APPROVED AS TO FORM: And: County Administrator J By: , C.(MA Date:_ ssist t County Attorney G And: Date: .7 I0 Assistant County Administrator, Public Works Date: APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL By: By: Assistant County Attorney Director, Transportation Department and County Engineer Date: Date: - 6 - V�L- CITY COUNCIL AGENDA DATE: July 21, 2009 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. George Esbensen, Fire Department Motorola Service Agreement Requested Action Move to: Approve the service agreement with Motorola for the ongoing annual service of the City's 911 dispatch consoles system. Synopsis The agreement includes the on-site repair and maintenance, of all console locations including infrastructure. This agreement also covers the service for logging recorder that is integrated into the system. Background Information The City of Eden Prairie awarded Motorola the contract for the purchase and installation of the MCC 7500 dispatch console system and NICE Logging recorder. The manufacturer's warranty is now expired and this agreement allows for local 24 hour service in the event that problems occur. This is an annual agreement and will be reviewed each year. This expenditure will be paid from the E911 fund. Attachments Agreement Addendum © MOTOROLA SERVICE AGREEMENT Attn:National Service Support Contract Number: S00001013903 1309 East Algonquin Road Contract Modifier: Schaumburg,IL 60196(800)247-2346 Supercedes Agreement(s): Date: 04/20/2009 Company Name: EDEN PRAIRIE FIRE DEPT, CITY Required P.O.: No OF Customer#: 1036447929 Attn: Bill to Tag# : 0001 Billing Address: 14800 Scenic Heights Rd Contract Start Date: 05/01/2009 City, State, Zip: Eden Prairie, MN 55344 Contract End Date: 04/30/2010 Customer Contact: Mark Vandenberghe Anniversary Day: Apr 30th Phone: (952)949-8368 ,Payment Cycle: ANNUAL Fax: Tax Exempt: Pays State Only PO# : Qty Model/Option Description Monthly Ext Extended ***** Recurring Services***** SVC01SVC1101C INFRASTRUCTURE REPAIR WITH ADV REPL $ 138.50 $ 1,662.00 1 SVC060AD ASTR025 DISPATCH SITE 4 SVC062AD ASTR025 OPERATOR POSITIONS SVCO1SVC1424C ONSITE INFRASTRUCTURE RESPONSE WITH LOCAL $750.08 $9,000.96 DISPATCH SERVICE 1 SVC945AD ASTR025 DISPATCH SITE 4 SVC951AD ASTR025 OPERATOR POSITIONS SVCO2SVC0126A SP-NICE GOLD-LITE PACKAGE $ 1,274.19 $ 15,290.28 1 NICE IP OR MGEG LOGGER SPECIAL INSTRUCTIONS-ATTACH STATEMENT OF WORK FOR Subtotal -Recurring Services $ 2,162.77 $25,953.24 PERFORMANCE DESCRIPTIONS Subtotal -One-Time Event $ .00 $ .00 Services Total $2,162.77 $25,953.24 Taxes - Grand Total $2,162.77 $25,953.24 THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE APPLICABLE,TO BE VERIFIED BY MOTOROLA • Subcontractor(s) City State MOTOROLA SYSTEM SUPPORT ELGIN IL CENTER ANCOM TECHNICAL CENTER BURNSVILLE MN NICE SYSTEMS INC RESTON VA ADDENDUM A This Addendum A amends that certain Service Agreement dated April 20, 2009, entered into by and between City of Eden Prairie and Motorola, Inc., Contract Number S00001013903. 1. Definitions. The following definitions apply to this Appendix. 1.1 "Customer"means City of Eden Prairie. 1.2 "Motorola"means Motorola, Inc. 1.3 "Contract"means the contract or agreement that this Appendix is attached. 2. Section 8 Payment. Section 8, is amended by deleting the phrase "twenty (20) days and inserting "thirty(30) days." 3. Section 11 LIMITATION OF LIABILITY. Section 11 is amended in its entirety as follows: Except for personal injury or death, Motorola's total liability to Customer, whether for breach of contract,warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the Contract price. Motorola shall not be liable to Customer for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings, or other special, incidental or consequential damages related to or arising from this Agreement, or the services performed by Motorola pursuant to this Agreement. Notwithstanding the preceding sentence and as applicable to this Agreement, Customer may recover from Motorola incidental damages resulting from Motorola's breach for expenses reasonably incurred, receipt, crafting, packaging, transportation, recovery of Good, and care of custody of Goods rightfully rejected, but such incidental damages not to exceed $50,000. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. 4. Section 13 Proprietary Information; Confidential; Intellectual Property Rights. Section 13.1 is amended as follows: 13.1 Any information or data in the form of specifications, drawings, prints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, any non- public or private information or data to any person. Customer may not use confidential information or data itself for any purpose other than performing its obligations under this Agreement. Notwithstanding the foregoing, all information and data shall be subject to disclosure pursuant to the requirements of the Minnesota Government Data Practices Act, Minn. Stat. § 13.01, et seq.. 1 5. Section 13 Proprietary Information; Confidential; Intellectual Property Rights. Section 13.2 is deleted in its entirety. 6. Audits. The books, records, documents, and accounting procedures and practices of Motorola or other parties relevant to this agreement are subject to examination by Customer and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Contract. 7. Worker's Compensation. Contracting Party represents 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 Customer prior to execution of this agreement. 8. Discrimination. In performance of this contract, Motorola 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 Motorola, any subcontractor of Motorola, or any applicant for employment. Motorola shall include a similar provision in all contracts with subcontractors to this contract. Motorola 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. 9. Conflicts. No salaried officer or employee of Customer and no member of the Board of Customer 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. 10. 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." 11. Contracting Party's Prompt Payment of Subcontractors. Motorola shall pay to any subcontractor within ten (10) days of Motorola's receipt of payment from Customer for undisputed services provided by the subcontractor. Motorola 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, Motorola shall pay the actual amount due to the subcontractor. 12. Limitation of Remedies In the event of a breach of the Contract by either party, neither party shall be entitled to recover punitive, special or consequential damages. 2 The remainder of this page is intentionally left blank By signing this Addendum A the parties acknowledge that the above provisions become part of the Service Agreement. MOTOROLA, INC. CITY OF EDEN PRAIRIE By By Its Its Mayor By Its City Manager CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 21, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I. Paul Sticha, Office of City 2009 Building Envelope Projects Manager, Facilities Requested Action Move to: Award Contract for 2009 Building Envelope projects to Restoration Systems, Inc., in the amount of$59,715. Synopsis Quotes were received and opened on Thursday, July 9, 2009 for the 2009 Building Envelope Projects. Two quotes were received and are tabulated as follows: Company Name Base Bid Alt G-1 Alt G-2 Alt G-3 TOTAL Restoration Systems, Inc. $35,685 $8,900 $9,500 $5,630 $59,715 A.J. Spanjers Company, Inc. $40,952 $12,261 $13,825 $4,569 $71,607 Western Waterproofing Co. declined to bid Background Information This w ork i s for m aintenance and restoration at t en buildings citywide and includes items such a s caulking, tuck pointing, concrete repair, etc. The budget for these projects is $114,000. Engineering fees are estimated at $6,000. Staff recommends that the contract be awarded to Restoration Systems, Inc. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda July 21, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J. Sue Kotchevar, Office of the Approve Second Amendment to Prairie City Manager View Liquor Store Lease Requested Action Move to: Approve Second Amendment to Prairie View Liquor Store Lease. Synopsis The current lease of the Prairie View Liquor operations expires September 30, 2009. An opportunity has been identified at the Prairie View Mall for the liquor operations as additional space has become vacant at the mall. The lease increases the square footage of the liquor store from approximately 4,248 square feet to 9,498 square feet. The store would relocate to part of the premises formerly occupied by Snyders and the store is next to the Rainbow Foods grocery store. The landlord is providing a turnkey operation and will invest approximately$300,000 into the new premises. The City is responsible for furniture, fixtures, signage, design, security, communications, etc. The lease is for a ten year period and provides a favorable lease rate of $10.00 a square foot with approximately a 2.5% increase every other year. The lease calls for the new store to be operational by November 1, 2009. If for some reason this date is not met, the store opening would be delayed until January 1, 2010. This would provide for less business interruption during the busy holiday season. Attachments Lease Amendment AMENDMENT NO.2 TO LEASE This Amendment No. 2 to Lease (this "Amendment") is entered into as of July , 2009, by and between PRAIRIEVIEW RETAIL LLC, a Delaware limited liability company ("Landlord") and CITY OF EDEN PRAIRIE d/b/a Eden Prairie Liquor Store ("Tenant"). RECITALS: A. Landlord and Tenant entered into a certain Lease dated September 15, 2003, as amended by Amendment No. 1 to Lease dated July 7, 2008 (collectively, the "Lease"), under which Landlord leases to Tenant the premises consisting of approximately 4,248 square feet ("Existing Premises") in the Prairieview Shopping Center(the "Shopping Center") located at 950 and 952 Prairie Center Drive, Eden Prairie,Minnesota. B. Tenant desires to move from the Existing Premises to another space in the Shopping Center, which is comprised of approximately 9,498 square feet as depicted on Exhibit A attached hereto, having an address of 968 Prairie Center Drive, Eden Prairie,Minnesota(the"New Premises"). C. Accordingly, Landlord and Tenant desire to amend the Lease to recognize Tenant's relocation to the New Premises, to extend the Term of the Lease, to adjust the Annual Rent owed by Tenant under the Lease and otherwise modify the terms of the Lease as set forth herein. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: 1. Recitals; Definitions. The foregoing recitals are true and correct and are incorporated herein as part of the agreement of the parties. Any word or term with an initial capital letter shall have the meaning given to it in this Amendment or if not so defined herein shall have the meaning given to it in the Lease. 2. New Premises. Subject to the terms and conditions of the Lease and this Amendment, Landlord shall lease to Tenant, and Tenant shall lease from Landlord the New Premises as described in the recitals above and as depicted on Exhibit A attached hereto, for the Extension Term (as defined in Section 3 below). a. Construction. Preliminary plans for permanent improvements to the New Premises prepared by KKe Architects (the "Architect") are attached hereto as Exhibit B and by this reference incorporated herein (the "Preliminary Plans"). The Preliminary Plans have been approved by Landlord and Tenant. The parties acknowledge that the Preliminary Plans are to modify the New Premises to accommodate Tenant's intended use. Landlord shall cause the Architect to prepare final plans (the"Plans"), including a full set of construction drawings,which shall be consistent with, except for mutually agreed upon changes, the Preliminary Plans. The Plans shall be delivered to Landlord and Tenant no later than August 7, 2009 for their review and approval within five (5) days of delivery of said Plans. Upon receiving the approval of the Plans and the issuance of a building permit from the City of Eden Prairie, to the extent required, Landlord shall be responsible at Landlord's expense, for constructing the improvements as shown on the Plans (the "Tenant Improvements") for and on behalf of Tenant. No changes shall be made to the Plans or the Tenant Improvements without the written approval of both Landlord and Tenant, it being acknowledged and agreed by Tenant that Landlord may absolutely withhold its approval to any change in the Plans or the Tenant Improvements that would increase the cost of the Tenant Improvements unless arrangements satisfactory to Landlord are made for Tenant to pay such increase in cost. Any improvements to the New Premises, other than as shown on the Doe#2989627\3 1 Plans, and the furnishing of the New Premises, shall be made by Tenant at the sole cost and expense of Tenant, subject to all other provisions of the Lease and this Amendment. If the Tenant Improvements cannot be substantially completed prior to the estimated Delivery Date (as defined below), then the provisions of Section 2(b) below shall apply. As used in this Lease, "substantial completion" of the Tenant Improvements or their being "substantially completed" means (i) Landlord has completed construction of the Tenant Improvements in accordance with the Plans to such an extent that Tenant may occupy the Premises for the purpose of conducting its business operations therein, subject to completion by Landlord of normal punch list items (the "Punch List Items") and (ii) any required certificate of occupancy/completion or its local equivalent has been issued by the City of Eden Prairie for the New Premises so as to permit the use and occupancy of the New Premises by Tenant. b. Possession. Landlord shall deliver possession of the New Premises to Tenant with the Tenant Improvements thereto substantially completed on or prior to November 1, 2009 (the"Delivery Date"),but delivery of possession prior to such date shall not affect the expiration date of this Lease. Failure of Landlord to deliver possession of the New Premises by the estimated Delivery Date due to any cause beyond the reasonable control of Landlord, including, without limitation, labor or material shortages, strikes, casualty loss, acts of God or failure of the City to timely approve the Plans or issue a building permit (any of the foregoing an "Excused Delay"), shall automatically postpone the Delivery Date and shall extend the expiration date of this Lease accordingly. If Landlord shall be delayed in delivery of the New Premises to Tenant due to Tenant's failure to timely approve the Plans or make any required deposit, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by Tenant or any of its contractors, agents or employees (any of the foregoing a "Tenant Delay"),then in such case the Delivery Date shall be accelerated by the number of days of such Tenant Delay. Notwithstanding anything herein to the contrary, Tenant shall not be obligated to open for business in the New Premises and commence to pay the Monthly Installment of Rent or Tenant's Proportionate Share of Common Area Maintenance and Taxes for the New Premises between November 1, 2009 and December 31, 2009 in the event Landlord fails to deliver the New Premises to Tenant with the Tenant Improvements substantially completed by November 1, 2009 for any reason other than a Tenant Delay; provided, however Tenant shall continue to pay the Monthly Installment of Rent and Tenant's Proportionate Share of Common Area Maintenance and Taxes for the Existing Premises during said period. If, however, Tenant chooses to open for business in the New Premises during said period, then at that time Tenant shall commence to pay the Monthly Installment of Rent and Tenant's Proportionate Share of Common Area Maintenance and Taxes for the New Premises. Notwithstanding anything herein to the contrary, so long as Tenant does not interfere with the completion of the Tenant Improvements and Tenant coordinates its entry into the New Premises with the schedule adopted by Landlord's construction manager for the completion of the Tenant Improvements, Tenant may enter the New Premises, rent-free but otherwise subject to all of the terms and conditions of the Lease and this Amendment (including delivering to Landlord sufficient evidence that Tenant maintains the insurance coverage required of Tenant herein), up to forty-five (45) days prior to the commencement of the Extension Term (the "Move-in Period") for the limited purpose of installing its furnishings, fixtures, equipment, wiring, cables and other personal property into the New Premises. During the Move-in Period and at any other time prior to the commencement of the Extension Term, Landlord shall have no responsibility or liability for loss or damage to trade fixtures or equipment installed or left on the New Premises. By occupying the New Premises as a tenant, or to install trade fixtures or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the New Premises are in the condition required by this Lease, except for any Punch List Items for which Tenant has given Landlord a written list within thirty (30) days of Tenant's first occupancy of the New Premises. Should the commencement date of the Extension Term of this Amendment occur for any reason on a day other than the first day of the calendar month,then in that event solely for the Doe#2989627\3 2 purposes of determining the expiration date of the Extension Term, the Extension Term shall be deemed to have commenced on the first (1st) day of the calendar month immediately following. Upon Tenant's occupancy of the New Premises and within ten (10) days of Landlord's request, Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and expiration dates of the Extension Term, shall acknowledge the Annual Rent, the rentable square footage of the New Premises, delivery of the New Premises in the condition required by this Lease and shall include such other matters as Landlord may reasonably request. From and after the Delivery Date, all references in the Lease to "Premises" shall be deemed to mean the New Premises. Furthermore, the term "Premises Identification" as defined on the Lease Reference Page of the Lease shall be amended and replaced with "968 Prairie Center Drive" and the term "Premises Area" as defined on the Lease Reference Page of the Lease shall be amended and replaced with"9,498 square feet". 3. Extension Term. The Term of the Lease is hereby extended for one(1)period of ten(10) years commencing on the Delivery Date and expiring at 5:00 p.m. on October 31, 2019 (the "Extension Term"),unless earlier terminated pursuant to the terms of the Lease. 4. Rent. Commencing on November 1, 2009 and continuing on the first (1st) day of each and every calendar month thereafter for the duration of the Extension Term, Tenant shall pay to Landlord the Monthly Installment of Rent set forth below in accordance with the terms of the Lease: Period Annual Rent per Annual Rent Monthly Installment Square Foot of Rent 11/1/09— 10/31/11 $10.00 $94,980.00 $7,915.00 11/1/11 — 10/31/13 $10.25 $97,354.50 $8,112.88 11/1/13— 10/31/15 $10.50 $99,729.00 $8,310.75 11/1/15— 10/31/17 $10.75 $102,103.50 $8,508.63 11/1/17— 10/31/19 $11.00 $104,478.00 $8,706.50 5. Additional Rent. Tenant's obligation to pay Tenant's Proportionate Share of Common Area Maintenance and Taxes, and all such other additional rental obligations and charges set forth in the Lease shall be and remain in full force and effect during the Extension Term. As of November 1, 2009, Tenant's Proportionate Share shall adjust to 8.27% of the Common Area Maintenance and Taxes that pertain to the Shopping Center. 6. Surrender of Existing Premises. The Term of the Lease, which is scheduled to expire on September 30, 2009, is hereby extended one (1) month so as to now expire on October 31, 2009. During said period, Tenant shall continue to pay the Monthly Installment of Rent and Tenant's Proportionate Share of Common Area Maintenance and Taxes currently due for the Existing Premises. Tenant shall vacate and surrender the Existing Premises to Landlord on that date that is the later of: (i) October 31, 2009 at 5:00 p.m., or (ii) the Delivery Date (the "Surrender Date"). The Existing Premises shall be surrendered to Landlord in the condition required by Article 25 of the Lease the same as if the Lease were being terminated. As of the Surrender Date, Tenant shall and hereby does transfer, convey, quitclaim and assign to Landlord all of its rights and interests in and to the Existing Premises and all improvements located therein; provided the foregoing does not relieve Tenant from its obligations under Article 25 of the Lease. 7. Early Termination Right. Section 1.4 of the Lease is deleted in its entirety and replaced with the following language: In the event that Tenant, by resolution of the Eden Prairie City Council, ceases to operate in the off-sale liquor business ("Termination of Liquor Business"), either Landlord or Tenant may terminate this Lease upon 120 days prior written notice to the other party ("Termination Doe#2989627\3 3 Notice"). The Termination Notice shall set forth the date in which the Lease shall terminate; provided, however such termination shall not become effective prior to the effective date of the Termination of Liquor Business as established by said resolution. In no event shall Tenant be in default of the Lease at the time Tenant gives Landlord its Termination Notice and on the Termination Date. Tenant shall pay to Landlord simultaneously with Tenant's delivery of a Termination Notice to Landlord (or within ten (10) days of Tenant receiving a Termination Notice from Landlord) a termination fee equal to the sum of the unamortized portion of Landlord's Transaction Costs (as defined below) as of the Termination Date, which shall be determined assuming Landlord's Transaction Costs, together with interest at an annual rate of seven percent (7%), are fully amortized in equal monthly amounts beginning on the Delivery Date and continuing through the Extension Term. "Landlord's Transaction Costs" shall mean the total amount incurred by Landlord with respect to this Amendment and the New Premises including leasing commissions, costs to construct the Tenant Improvements, and reasonable legal fees. 8. Modifications to the Shopping Center. Notwithstanding anything in the Lease to the contrary, Landlord reserves the unrestricted right to change the Common Areas of the Shopping Center including, but no limited to, the driveways, entrances, parking areas, sidewalks, and landscaped areas, provided that any such changes will not impair access to the New Premises. Landlord further reserves the unrestricted right to add land to and withdraw land from the Shopping Center which may involve the subdivision of the land that comprises the Shopping Center and the creation of additional lots and/or outlots for development and sale to third parties. Tenant shall release any and all rights it has in and to any portion of the Shopping Center conveyed or transferred to a third party that does not contain the New Premises. Tenant agrees, at the request of Landlord, to execute an amendment to the Lease that reflects the change in the description of the Shopping Center should Landlord exercise the rights reserved herein. Landlord may temporarily close or alter portions of the Common Areas for such periods of time as may be necessary to repair, maintain and alter the Common Areas,provided, however, in no event shall access to the New Premises be materially impaired. 9. Insurance. Section 12 of the Lease is deleted in its entirety and replaced with the following language: Tenant will keep in full force and effect at its own expense during the Extension Term, commercial general liability insurance with respect to the New Premises in which Landlord shall be named as an additional insured, in companies and in form acceptable to Landlord with a minimum combined limit of liability of Two Million Dollars ($2,000,000). This limit shall apply per location. Said insurance shall also provide for contractual liability coverage by endorsement. Tenant shall further provide for business interruption insurance to cover a period of not less than six (6) months. Tenant shall maintain at its own cost and expense, fire and extended coverage, vandalism, malicious mischief and special extended coverage insurance in an amount adequate to cover the cost of replacement of Tenant's Improvements and all alterations, changes, wall coverings, floors, furnishings, decorations, additions, fixtures and improvements in the New Premises in the event of a loss, in companies and in form acceptable to Landlord. Tenant shall keep in full force and effect, at its sole cost and expense, workers' compensation insurance in accordance with the laws of the state where the New Premises are located. Tenant shall also keep in full force and effect, at its sole cost and expense, employers liability insurance in the amount of One Million Dollars ($1,000,000) bodily injury per accident and One Million Dollars ($1,000,000)bodily injury by disease both as a policy limit and per employee. Tenant shall also comply with all governmental regulations regarding dispensing or selling of alcohol. Notwithstanding the foregoing, Tenant shall not sell, serve or dispense any alcohol for consumption in the New Premises without the prior consent of Landlord, which consent Landlord may grant or withhold in Landlord's sole discretion; provided, however Tenant may hold wine tasting events and offer wine sampling in the New Premises as long as Tenant complies with all Doe#2989627\3 4 governmental regulations and laws applicable to such dispensing or serving of wine and maintains "dram shop insurance" or similar insurance coverage as is commercially reasonable in connection with Tenant's wine tasting events and wine sampling. 10. Miscellaneous Modifications. A. Sections 1.5,2, 36 and 37 of the Lease are hereby deleted in their entirety. B. The first sentence in Section 1.6 is amended to delete "Sixty (60)" and replace with"one hundred eighty(180)". 11. Ratification. Except as amended by this Amendment, all of the terms, covenants, and conditions of the Lease shall remain in full force and effect and are hereby ratified and confirmed. In the event of a conflict between the terms of the Lease and the terms of this Amendment, the terms of this Amendment shall control. 12. Submission of Amendment. Submission of this unexecuted Amendment by Landlord or Landlord's agent to Tenant for examination and/or execution will not bind Landlord unless and until this Amendment is fully signed and delivered by Landlord and Tenant; provided, however, the execution and delivery by Tenant of this Amendment to Landlord shall constitute an irrevocable offer by Tenant of the terms and conditions herein contained, which offer may not be revoked for thirty (30) days after such delivery. 13. Counterparts. This Amendment may be executed in one or more counterparts, each evidencing,however,the single agreement between the parties. 14. Successors and Assigns. This Amendment shall be binding upon and inure to the benefit of Landlord,Tenant, and their respective successors and assigns. IN WITNESS WHEREOF, this Amendment is executed as of the day and year set forth in the first paragraph of this Amendment. LANDLORD: PRAIRIEVIEW RETAIL LLC, a Delaware limited liability company By: United Properties Investment LLC, a Minnesota limited liability company Its: Manager By: Name: Title: By: Name: Title: Doe#2989627\3 5 TENANT: CITY OF EDEN PRAIRIE By: Name: Title: By: Name: Title: Doe#2989627\3 6 Exhibit A Prairieview Center Eden Prairie, MN \.,________._____-r_ r I NE. ) I I Premises C_^ 111 1111111111111111111 1 B3 — 1) Al - 1 - 4-aKE Cl ; as B� a) I Lill 111111 III 0 r / / \SR\ I Ca 1. ti n 0 r ' �I I III e CS V • C9 00 �,1111��11T. : -. G-7 cii a • IIIIIIII cc 3L c1. . • \\ 1 ... Di 0011°I° FICI • ► ►. /-1 L. Highway 5 EXHIBIT B 0 poWiliViiiipIIiiii e.i..gaR.i1F4 dal p WvIsta t ilmoi 4 ivii !,3 5A=payei 1§ "11$ % )2 1! Al .404g3rti 'Ii7 t ,161P2 ii °" III 'iqe ° 42 i gi ;1 4 hilt 'Iggi lli°1 il ,,. i i ii1:1 0Ir li P \ ,yix -7,cri 7 0 u,,,_,,,1:'): Eli g P L_T, 'i 1 i.-...-r-1:t"i17--- iCL 8 1. Stfrtili Il IP 1 ?, - . I! A 4' 6 , , . „. ,' „,. .., , ET ,- 4 1 ' C , ! ' :g : ,..",,,,,,..':. 1/111171- e e = PM g 4 elMill ! iiilgE 41;1111;1°4i 1 0,g, i 1 1 i Yi 9 5, G% EgV.1 Pg '' 1 : gi g ji in i ° IP git 'gill 'Z r $-1 i il;TIN ,iv 1 e: h i?h i E 4 "3 fi illiN1 i5, i rri i ,.' "41'fif. i r61 N ; I 1 i 1 iiiIIIIIIP c-1) 1 ; g 1 1 11 g g I I gi qPi3g9, rn g !, k 1 g i;V PR ni lii ' 1 iii 1 i i i 1 ni 1F; 11ii1i i10i ii i 1 q c 9 113E9 .p 04 41 1 / 4 ii 5. g i $ , iii I 111 ilf ,;A' rq/ E61111111H>Illigqj i 1 22 igi Pg I 91 1;t 7) ... ,tr Doc#2989627\3 8 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda July 21, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.K. Sue Kotchevar, Office of the Approve Agreement with Scott W. City Manager Baker Associates, Inc Requested Action Move to: Approve Agreement with Scott W. Baker Associates, Inc., for Prairie View Liquor Store relocation and expansion. Synopsis As part of the expansion and relocation of Prairie View liquor operations, the Landlord is providing improvements to the relocation premises in"turnkey" condition which will cost approximately$300,000. The City is required to pay for certain items including the following following: • Store design elements including signage, wall coverings and murals, etc. • Visual display surfaces including shelving, display racks, etc. • Cash wrap • Wine counter • Exterior signage. • Mercantile and service equipment. • Refrigerated display equipment. • Office equipment. • Furnishings. • Communications equipment, wiring and devices. • Electronic safety and security equipment, wiring, and devices. Scott W. Baker Associates, Inc. will coordinate the purchase and installation of these items with the City and the Landlords contractor to ensure an efficient construction process. Attachments Agreement BAKER ASSOCBATES Standard Agreement for Professional Services DLO-. This Agreement is made on theth day of July, 2009,between the City of Eden Prairie,Minnesota (hereinafter"City"),whose business address is 8080 Mitchell Road,Eden Prairie,MN 55344,and Scott W. Baker Associates,Inc.a Minnesota(SCorp (hereinafter"Consultant")whose business address is 1903 East Wayzata Blvd.Wayzata,MN 55391. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of profes- sional services for City projects. That policy requires that persons,firms or corporations providing such serv- ices 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 Prairie View Eden Prairie Liquor Store 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. dOl° 2. Term. The term of this Agreement shall be from July,?';2009 through r..1;Joloa'l 3L , 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 or fee basis plus expenses in a total amount not to exceed$ $89,800 for the services as described in Exhibit%Or 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 spe- cialized 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,in- cluding 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 rea- sonable additional charges,if any,due to the delay. 1903 E Wayzata Blvd I Wayzata, MN 55391 I Tel 952.473.4882 I Fax 952,473.5006 I www.bakerassociates.com BAKER ASSOCO ATEE 4. City Information. The City agrees to provide the Consultant with the complete information concern- ing 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,in- cluding 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 compli- ance 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 docu- mentation 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 and for any com- mitments or obligations incurred prior to receipt of written notice from the City of such suspension,all as shown on Exhibit A. 1903 E Wayzata Blvd Wayzata, MN 55391 I Tel 952.473.4882 I Fax 952.473.5006 ( www.bakerassociates.com i BAKER ASSOCBATES C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of spe- cial 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 ac- count,claim,or demand is just and correct and that no part of it has been paid." 6. Pr ject Manager and Staffing. The Consultant has designated Wendy Satterlee and Kayla Kuvaas 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 re- move 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 Con- sultant under this Agreement which the City requests to be kept confidential, shall not be made avail- able to any individual or organization except in a need to know basis 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 Leg- islative Auditor or the State Auditor for a period of six (6Two (2)years after the effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Gov- ernment Data Practices Act,to the extent the Act is applicable to data and documents in the posses- sion of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice de- livered 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 reimburs- able 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, except for services rendered prior to such notice, 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 undis- puted 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. 1903 E Wayzata Blvd I Wayzata, MN 55391 I Tel 952,473.d882 I Fax 952.473.5006 I www.bakerassociates.com 13AFICSR ASSOCRATES 11. Independent Consultant. At all times and for all purposes herein,the Consultant is an independent con- tractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement,the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex,marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing require- ments of this paragraph in all of its subcontracts for program work, and will require all of its sub- contractors 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,Min- nesota 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. Severabil4y. 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 re- maining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement super- sedes 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. 1903 E Wayzata Blvd I Wayzata, MN 55391 I Tel 952.473.4882 I Fax 952.473.5006 I wwvv.bakerassociates.com BAK E R ASSOCOATES 19. Indemn(fi'cation. 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 at- torney's fees,resulting directly or indirectly from a negligent act or omission (including without limi- tation professional errors or omissions) of the Consultant,its agents,employees,or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform,in any respect,all obligations under this Agreement. 20. Insurance. A. General Liability. Prior to starting the Work,Consultant shall procure,maintain and pay for such insurance as will protect against claims for bodily injury or death,or for damage to property,including loss of use,which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable.Such insurance shall include,but not be limited to,minimum coverages and limits of liability specified in this Paragraph,or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and lim- its 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). 1903 E Wayzata Blvd Wayzata, MN 55391 Tel 952,473,4882 Fax 952,473,5006 ( www.bakerassociates,com BAKER ASSOCR ATES 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) on ISO form CG 2010, or its equivalent, nam- ing"the City of Eden Prairie." The additional insured form needs to extend protec- tion for"product and completed operations". g. If the Work to be performed is on an attached community, there shall be no exclu- sion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Workers' Compensation insur- ance is provided through a state fund if Employer's liability coverage is not available. i. Incidental Malpractice and Host Liquor Liability insurance applicable to the Con- sultant'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 author- ized 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 ap- plies 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 ac- ceptable); 1903 E Wayzata Blvd I Wayzata, MN 55391 I Tel 952.473.4882 I Fax 952,473,5006 I www,bakerassociates.com BAK SR ASSOCBATES b. All polices, except the Professional Liability Insurance policy, shall be apply on a "per project"basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies,shall contain a waiver of subrogation naming"the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies,shall name"the City of Eden Prairie"as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement;and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed or restrictive modifications added,without thirty(30) days prior written notice to the City. A copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable,which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated,how- ever, 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 pol- icy 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 rea- sonable 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 pro- hibited by law,this indemnity applies regardless of any strict liability or negligence aiLibutable 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 speci- fied insurance)is attributable to the negligent or otherwise wrongful act or omission(including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Con- sultant 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: 1903 E Wayzata Blvd Wayzata, 1v1N 55391 j Tel 952.473.4882 Fax 952..173.5006 www,bakerassociates.com BAKER ASSOCBATES 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 connec- tion 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 Informa- tion by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Proce- dures 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 en- forceable as a settlement in any court having jurisdiction thereof. 23. Governing Lain, This Agreement shall be controlled by the laws of the State of Minnesota. 24. Coi flicts. 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 con- sidered an original. 1903 E Wayzata Blvd I Wayzata, MN 55391 I Tel 952.473.4882 I Fax 952,173.5006 I www,bakerassociat.es.com 01: BAKER ASSOCBATES Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME By: Its: 1903 E Wayzata Blvd I Wayzata, MN 55391 I Tel 952.473,4882 I Fax 952,473.5006 I www.bakerassociates.com BAKEREl ASSOCOATES PROJECT PROPOSAL July 7,2009 Sue Kotcheaver Date 07/07/09 Finance Manager Job No 09.EPB.003 8080 Mitchell Road Version 1 Eden Prairie, MN 55344 Prairie Village Eden Prairie Liquor-Exhibit' Account Management: Wendy Satterlee/Kayla Kuvaas Phase 1:Design Adaptation&Development Soffit Mural $6,900-$7,200 Resize Existing Soffit Mural Run and develop/extend designacross remainder of soffit(20-50 ft longer)(46-48 hours x$150/hour) End Cap Signage $3,200-$3,800 Develop additional Design Ideas to match look and feel of existing end cap signage.Images to reflect product housed on shelving(21.34-25.34 hours x $150/hour) Channel Signs (Above Gondola Runs)- $4,800-$5,200 Reuse existing designs develop/extend design to additional signs for added gondola runs(32-34.7 hours x$150 hours) Entrance Mural $4,000-$4,800 Develop&/or Adapt Design Concept for Entryway Mural toaccommodate space (26.67-32 hours x$150/hour) Beer Cave $2,400-$3,200 Develop Design,layout&Signage for Beer Cave(16-21.34 hours x$150/ hour) 1903 E Wayzata Blvd ( Wayzata, MN 55391 I Tel 952,473.4882 I Fax 952.473.5006 j www.bakerassociates.com BAKER A S S O C 8 A T E 5 Entrance Door Decals $900 Resize Entryway Door Decals(logo,hours,grass&bird)-1 set(6 hours x$150/ hour) Category Signage/Gondola Signage $600-$1,000 Create Additional typeset Options as needed(qty. 10-1.5) (4-6.67 hours x$150/hour) Large Wall Sepia Frames&Vinyl Drawdown Words $650-$800 Adapt design layout for frames&words on blank wall(4.34-5.34 hours x$150/ hour) Sourcing of Additional Materials/Lighting Options $1,100-$1,400 (14.67-18.67 hours x$75/hour) Phase 2: Design Adaptation&Development Revise Phase 1 designs based on client feedback $4,200-$5,000 (28-33.34 hours x$150/hour) Phase 3: Design Adaptation&Development Finalize designs based on client feedback and build designfiles Full Size High Res $4,800-$5,200 in preparation for Mechanical Production(32-34.67 hours x$150/hour) Production/Mechancials Resubmit Existing Mechanicals that had no changes to vendors: $3,200 • Fabric Banners • End Cap Signs • Channel Run Signs • Window Posters Signs • All Vinyl lettering for Category Signs • Tasting 3D lettering&Tasting Wall Decals 1903 E Wayzata Blvd I Wayzata, MN 55391 I Tel 952.473.4882 I Fax 952..173.5006 I www.bakerassociates.com BAKER ASSOCIATES Submit New or Adapted Mechanicals to vendor: $7,600 • Soffit Wall Mural • Entryway Mural • New Channel Runs • New End Cap Signs • Door Decal • New Beer Cooler Signage • Sepia Prints/Vinyl Letters • (50.67 hours x$150/hour) Final Space Plans- $1,200-$1,800 Paint,Tile,Material Selection to Contractor(16-24 hours x$75/hr Project Management- $4,000-$5,200 Vendor Resourcing,Meetings with Vendors&Info/Specs for Ordering to Client, Call inSeparate Orders to each vendor when needed (53.3-69.3 hours x$75/hr) Baker On-Site Coordination $10,000-$12,000 (133.3-160 hours x$75/hr) Staging Staging of Store(above Cabinets) out of Pocket for accessories $1,800 2 People 2 Days of Staging(29.3-42.6 hours x$75/hr per person) $2,200-3,200 Miscellaneous $3,000-$4,000 Computer Color Outputs,Delivery/Courier,Material Samples,etc. Royalty Free Imagery $10,500-$12,500 TOTAL FEES $77,050-$89,800 1903 E Wayzata Blvd I Wayzata, MN 55391 I Tel 952,473.4882 I Fax 952.473.5006 ( wwwlJ.bakerassociates.com BAKER ASSOCIATES PHASE I: DESIGN DEVELOPMENT AGREEMENT: The above proposal constitutes our best estimate of the project costs. If we have misinterpreted any of the pro- ject scope,we would appreciate the opportunity to discuss it, to ensure that our understanding of the project and our fees are ap ropriate. This propo co prises the Agreemen b een City of Eden Prairie and S. . B er Associates,Inc.If this Agreement is a sfactory,please sign,d and return one copy to us as author tion to proceed. S.W. Baker Associates,I . ill also accept a Lett of tent,or Purchase Order as autho 'za 'on to proceed. Please indicate who will be responsible for retaining intellectual property council to properly search and clear trademark(s) developed during the scope of this project El Scott W.Baker Associates will be responsible CI (CompanyName)will be responsible pAccepted: Com anyN e) I/We have rea,d, unde stand and agree to the above stated terms. Signature: Date: / Accepted: .W.Baker sociates,Inc. Scott . Baker: Da e: 7/7/09 1903 E Wayzata Blvd I Wayzata, MN 55391 I Tel 952,473.4882 I Fax 952,473,5006 I www,bakerassociates.com BAKER ASSOCBATES STATEMENT OF PROFESSIONAL POLICIES: Confidentiality—S.W.Baker Associates maintains the strictest confidence concerning all material divulged to us by our clients.Measures taken include project code names and shredding documentation. Design Rights—Any creative work developed by S.W.Baker Associates,which in its final form is selected, approved and paid for by a client for use, becomes the exclusive property of that client. Design Protection—Any designs,names and trademarks created by S. W. Baker Associates are not intended to infringe upon the rights of others. However,due to the complexity of such rights, S.W. Baker Associates cannot guarantee that its clients will be protected from claims of others,no matter how inadvertent the cause. S.W. Baker Associates does not obtain clearance or registration of such rights on behalf of clients, unless spe- cifically requested in the course of a project.We recommend that legal counsel be used to determine the avail- ability of trademarks and other creative work. Non-Compete—S.W. Baker Associates will not work on products or services that are in direct competition at the same time.If projects arise that are construed as competitive in nature, S.W.Baker Associates will either decline the requested assignment from the second client or request authorization to proceed from both clients. Project Cancellation—S.W. Baker Associates understands this project can be cancelled by(CompanyName) at the conclusion of any phase for any reason. Design and OOP Fees incurred up until cancelation are ex- pected to be paid in full at such time. Budget Notes: Proposals are Estimates—This proposal is our estimate of the costs associated with producing the described work.We guarantee the final costs,based on the project as we currently understand it. If a change in project scope or direction causes a phase to be repeated,or the addition of any other new work,change order esti- mates will be supplied for client approval.Also,some steps may be under estimated while others may be over. Should this happen,we request that any unspent budget from one step may be used on another step,provid- ing the total budget remains the same. Out-of-pocket Expenses—Costs for printouts,shipping,and other miscellaneous out-of-pocket expenses are included in this proposal and are estimated at approximately 10%of the design fees. Travel—Travel expenses are not included in this proposal. Actual charges will be billed at cost. Fees Quoted for Services—Our quotations remain in effect for sixty days from the date of the proposal and are subject to modification after that time period. Fees are also subject to modification if the final project var- ies significantly from that outlined on our proposal. 1903 E Wayzata Blvd I Wayzata, MN 55391 I Tel 952,473,4882 I Fax 952,473.5006 I www.bakerassociates.com CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 21, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.L. Stuart Fox, Parks and Natural Award Bid for Cummins Grill/ Staring East Resources Manager Parking Reconstruction to Dobozenski & Sons, Inc. Requested Action Move to: Award the bid for reconstruction of the Cummins Grill/ Staring East Parking reconstruction project to Doboszenski & Sons, Inc. in the amount of$375,496.02 for the base bid plus the addition of$21,880.00 for alternate#1 and $33,124.00 for alternate#2 for a contract total amount of$430,500.02. Synopsis The City of Eden Prairie advertised for the reconstruction of two ballfields and the parking lot area adjacent to the Cummins Grill Homestead property at Staring Lake Park based on Plans and Specifications that were prepared by HTPO Inc. On July 14, the City received and opened bids from ten prospective contractors. The scope of the work includes relocation/rotation of the easterly ballfield, restoration of the left field portion of the outfield fencing of the westerly ballfield, construction of a new entry road with an 89 car parking lot, bike trail connections to the trail along the north side of Pioneer Trail as well as existing park amenities and the construction of storm water infiltration basins. Funding for this project will come from City, County and Federal funding for the Pioneer Trail roadway expansion project. Bid Summary The summary of the Cummins Grill/ Staring East Parking bids is as follows: Bidder Base Bid Alternate#1 Alternate#2 Doboszenski & Sons, Inc. $375,496.02 $21,880.00 $33,124.00 Northwest Asphalt Corp. $397,662.85 $21,375.00 $37,000.00 Stocker Excavating, Inc. $421,467.60 $22,400.00 $35,090.00 Chard Tiling &Excavating, Inc $424,698.20 $20,000.00 $34,660.00 S.M. Hentges & Sons, Inc. $431,537.00 $18,640.00 $34,660.00 Sunram Construction, Inc $435,843.85 $19,345.00 $35,700.00 Max Steininger, Inc. $445,512.69 $22,297.13 $21,232.82 Veit & Company $457,031.75 $13,299.00 $58,750.00 Bituminous Roadways $508,265.75 $23,000.00 $40,000.00 Midwest Asphalt Corp. $581,620.00 $25,000.00 $46,000.00 Cummins Grill/Staring East Parking Bids July 21, 2009 Page 2 The engineer estimate for the project base bid was $495,580.00. Their estimates were $26,000.00 for alternate#1 and$30,500.00 for alternate#2. Bid Alternate#1 is for chain links sideline fencing on first and third base sides of both fields to fully enclose the ballfield playing area. Note: The current/existing fields do not have any side fencing between the infield/Aglime cutout and the foul poles along each sideline. Bid Alternate#2 is to install irrigation on both ballfields. Note: The current/existing fields are not irrigated. Background Information on the Bid Alternates The reason for including two bid alternates in the plans and specifications were to solicit construction costs associated with the addition of fencing and irrigation to the current field amenities. These are field improvements that the Eden Prairie Baseball Association(EPBA) indicated that they could possibly fund if favorable bids were received for the project. Both of these improvements are considered a betterment of current ballfield conditions and therefore are not eligible for matching dollars by the County, State and Federal agencies. The EPBA Board has reviewed the alternate bid costs and has voted in favor of paying the additional cost for both alternates. They have sent the staff correspondence affirming that the City award both alternates to the low bidder of the project and that they will pay the additional construction cost of$55,004.00. The Parks and Recreation Department will invoice the Baseball Association for this amount after the project is complete. Recommendation Each of the submitters has met the guidelines as detailed in the bid specifications and staff recommends the bid award go to Doboszenski & Sons, Inc. in the amount of$375,496.02 plus the addition of$55,004.00 for Alternate(s) #1 and#2 for a total of$430,500.02 . The EP Baseball Association will be reimbursing the City for the cost of the two bid alternates. The timetable laid out in the bid package is for the construction to start as soon as possible with phase one being completed by September 4, 2009 and the remaining work being completed by October 30, 2009. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda July 21, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Stuart Fox, Parks and Natural Approve Contract with HTPO for Resources Manager, Parks and Construction Administration of the Recreation Cummins Grill Ballfields and Parking Improvements Requested Action Move to: Approve the not to exceed Construction Administration contract with HTPO for $45,500 professional services for construction administration, staking, inspection and preparation of record drawings for the Cummins Grill/ Staring East Parking reconstruction project. Synopsis The City of Eden Prairie Parks Division obtained a proposal from HPTO construction administration for reconstruction of two ballfields, parking area and entry for Staring Lake Park adjacent to the Cummins Grill Homestead. Staff recommends acceptance of the proposal from HTPO in the amount of$45,500 to be paid out of funds for the upgrade of County Road 1 (Pioneer Trail). Background Information HTPO prepared the plans and specifications for the Staring Lake Park reconstruction project under a separate professional service agreement. Construction bids were received for that portion of their work on July 14, 2009 and now we are moving into the construction phase. Attached is the professional service agreement for the administration of the park reconstruction project that will be start after authorization by the City Council at the July 21, 2009 meeting. Attachment—Professional Service Agreement • Rev. 03-21-2008 Standard Agreement for Professional Services This Agreement is made on the 21st day of July, 2009, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen, Thorp, Peilinen, Olson Inc.(HTPO) a Minnesota Corporation (hereinafter "Consultant") whose business address is 7510 Market Place Drive, Eden Prairie, MN 55344. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for the Staring Lake Park- Cummins Grill Parking Lot 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 July 23, 2009 through Nov.1, 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 $45,500.00 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: I Rev. 03-21-2008 A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 2 Rev. 03-21-2008 6. Project Manager and Staffing. The Consultant has designated Laurie Johnson and Jan Anderson 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. 03-21-2008 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. 03-21-2008 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 CA 00 01, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations Property Damage coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. c. Personal injury with Employment Exclusion (if any) deleted. d. Standard ISO CG0001 0196 Contractual Liability coverage, or its equivalent, and a Separation of Insureds clause. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s) on ISO form CF 20 10 11 85, or its equivalent, naming "the City of Eden Prairie." Additional insured coverage under a July 2004 or later edition of said ISO form is not acceptable. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. 5 Rev. 03-21-2008 h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. Incidental Malpractice, Host Liquor Liability, and Blanket Contractual Liability insurance applicable to the Consultant's performance under this Agreement. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as the Consultant, if such legal liability is caused by an error, omission, or negligent act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All polices, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All polices, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed or restrictive modifications added, without thirty (30) days prior written notice to the City. A copy of the Consultant's insurance declaration page, Rider and/or Endorsements as applicable, which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory • evidence that Consultant has complied with all insurance requirements. Renewal 6 Rev. 03-21-2008 certificates shall be provided to City not less than thirty (30) days prior to the expiration date of any of the required policies. City will not be obligated, however, to review such declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in 7 • Rev. 03-21-2008 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 HTPO . ?R'Coey\--- Its: e- C1en 8 1 B I Engineering Surveying ia.) Landscape Architecture July 13, 2009 Mr. Stu Fox City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: Cummins Grill Ballfields and Parking Improvements Eden Prairie,MN Dear Stu, As requested,the following estimate for civil engineering and surveying construction phase services for the above referenced project is provided for your consideration. Estimate Scope of Service $45,000.00 Construction administration,staking, inspection, and preparation of record drawings. Assumes inspection time of 20 hours per week for a construction duration of 3 months. $ 500.00 Reimbursables $45,500.00 TOTAL We assume that the geotechnical consultant will be under a separate contract directly with the City. Invoices will be submitted based on actual hours worked using our Standard Fee Schedule (see attached 2009 Fee Schedule),and reimbursable expenses incurred (printing,courier,and other out- of-house documents and fees). We will keep you informed of our 7510 Market Place Drive work progress and the above fee estimate will not be exceeded Eden Prairie, MN 55344 without prior approval from your office. We invoice our services 952-829-0700 monthly payable within 30 days. 952-829-7806 fax www.htpo.com • HANSEN THORP PELLINEN OLSON, INC. Fox/Johnson July 13,2009 Page 2 Thank you for this opportunity to provide our services. Sincerely, Hansen Thorp Pellinen Olson, Inc. Laurie A. Johnson,P.E. Principal CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 21, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.N. Stuart Fox, Parks and Natural Resources Manager Award Bid for Homeward Hills Play Equipment Requested Action Move to: Recommend award of the contract for playground equipment at Homeward Hills Park to Webber Recreational Design, Inc. in the amount of$47,720.49. Synopsis This year for the Homeward Hills Park playground replacement program we opted to get a quote from Webber Recreational Design, Inc. to retrofit and add additional play equipment to the playground. This option was selected because the majority of the play structure is in excellent condition but there are several components that no longer meet the current playground safety standards. A quote of$47,720.49 was received. This quote is 60% of the cost for installing a new playground. The breakdown of the quote is $3,000 worth of retrofitting the existing structure and$39,000 worth of additional equipment to expand the play area. The warranty for the existing play equipment will cover the existing and new retrofit component pieces. Webber Recreational Design was the only manufacturer considered for the retrofit work since they were the original play equipment supplier. Using any other manufacturer's equipment would void the warranty on all of the equipment. Park maintenance staff will be doing additional upgrading of the safety surfacing,play area edging, a new ADA access route and replacement of the wood retaining walls around the play area. This play area reconstruction is expected to have a life expectancy of 13-16 years. Funds for the playground upgrade work will come from the Capital Improvement Program. This project was budgeted for$90,000 of improvements but the total final cost is estimated closer to $65,000. Background For the last several years the staff has utilized a Request for Proposal process to select play equipment for replacement or new play equipment within our park system. The CIP process established a maximum dollar amount of$90,000 for this specific playground project in 2009. Typically the staff conducts a neighborhood discussion meeting after we have received designs for the replacement of play equipment. This year we held a site meeting with seven manufacture representatives in preparation to receive Requests for Proposal for new equipment. During those meetings it was recommended we retrofit the current play equipment(Miracle Recreation Equipment)rather than replacing it with all new equipment. It was estimated that we could retrofit/upgrade the playground for less than a quarter the cost of total playground replacement. This is the option that was pursued. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda July 21, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO. : VIII.O. OCM/Human Resources Direct Staff to not Waive the Monetary Wayne Estenson, Manager of Limits on Tort Liability Established by Support Services Minnesota Statutes 466.04 Scott Neal, City Manager Requested Action Move to: Direct staff to not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. Synopsis The City of Eden Prairie obtains liability coverage from the League of Minnesota Cities Insurance Trust. Each City Council must formally decide whether to waive or not to waive the statutory tort liability limits to the extent of the coverage purchased. Staff recommends that the City choose not to waive. Attachment Waiver Form SECTION I: LIABILITY COVERAGE WAIVER FORM Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $400,000. on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,200,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,200,000. on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,200,000., regardless of the number of claimants. If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the city council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. For further information, contact LMCIT. You may also wish to discuss these issues with your city attorney. accepts liability coverage limits of$ from the League of Minnesota Cities Insurance Trust(LMCIT). Che k one: The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. C The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council meeting Signature Position Return this completed form to LMC1T, 145 University Ave. W., 51: Paul, MN. 55103-2044 16 CITY COUNCIL AGENDA DATE: SECTION: Public Hearing July 21, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 09-02 ITEM NO.: IX.A. Denise Christensen Vacation of a portion of the Drainage and (Revised) Utility Easements over, under and across Public Works/Engineering Lot 2 &Lot 3, Block 4, Garrison Forest Second Addition Requested Action Move to: • Close the public hearing; and • Adopt the resolution vacating that certain drainage and utility easement lying 5 feet on each side of, adjacent to and parallel with the common line between Lot 2, Block 4 and Lot 3, Block 4, Garrison Forest Second Addition; except that part thereof lying southerly of a line drawn parallel to, and 5 feet northerly from the southerly line of said Lots. Synopsis The Property Owners have requested the vacation of a portion of the underlying Drainage and Utility easements dedicated with the plat of Garrison Forest Second Addition. The lot line between this lot and the adjacent lot were administratively moved and new easements dedicated. The intent was then to vacate the underlying easement to correct an encroachment of their deck but was not completed at the time. Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2009- NOTICE OF VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENTS OVER, UNDER AND ACROSS LOT 2 & LOT 3, BLOCK 4, GARRISON FOREST SECOND ADDITON VACATION 09-02 WHEREAS, the City of Eden Prairie has (a) certain Drainage and Utility Easement described as follows: That certain drainage and utility easement lying 5 feet on each side of, adjacent to and parallel with the common line between Lot 2, Block 4 and Lot 3, Block 4, Garrison Forest Second Addition; except that part thereof lying southerly of a line drawn parallel to, and 5 feet northerly from the southerly line of said Lots. WHEREAS, a Public Hearing was held on July 21, 2009 after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHERAS, the Council has been advised by City Staff that the proposed vacation of the above described Drainage and Utility Easement has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said Drainage and Utility Easement is not necessary and has no interest to the public, therefore, should be vacated. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said Drainage and Utility Easement as described above is hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on July 21, 2009. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk I4RK DR. �:.:> 7 v�M AP LE Q DR. �� • • • • • • 0_69P�� m �� / /.. (---\- . 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N 0 1 Z 1 'Cr o Z �o�(k4)- ..-,.. o GARRISON m � f WAY tVAC 09-02 NORTH LOCATION MAP VL1.D uarnson Way Eden Prairie, MN PID: 24-116-22-44-0090 Property Legal Description: That part of Lot 2 lying Easterly of the Westerly 7 feet thereof, and the Westerly 10 feet of Lot 3, all in Block 4, GARRISON FOREST SECOND ADDITION, HENNEPIN COUNTY, MINNESOTA Description For Vacation of a Portion of the Utility and Drainage Easement: That certain drainage and utility easement lying 5 feet on each side of, adjacent to and parallel with the common line between Lot 2, BIock 4 and Lot 3, Block 4, GARRISON FOREST SECOND ADDITON, HENNEPIN COUNTY, MINNESOTA; EXCEPT that part thereof lying southerly of a line drawn parallel to, and 5 feet northerly from the southerly line of said Lots. --N.:._,s,---T . r)11 1\ !Si : . 7.2_' '11' h. A . ). rti T 6: piitii. 4 , ...: u 16.- ..el- ". 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F I �c3 01 JY i H I" 1f r '�+► iy f i I 1 rl �F VI I .". rc- 1 VACATION 09-02 NOTICE OF VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENTS OVER,UNDER AND ACROSS LOT 2 LYING EASTERLY OF THE WESTERLY 7 FEET THEREOF AND THE WESTERLY 10 FEET OF LOT 3,ALL IN BLOCK 4, GARRISON FOREST SECOND ADDITON Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on July 21, 2009 at 7:00 p.m. to hear all persons present upon the proposed vacation of a portion of the Drainage & Utility Easement described as follows: That certain drainage and utility easement lying 5 feet on each side of, adjacent to and parallel with the common line between Lot 2, Block 4 and Lot 3, Block 4, GARRISON FOREST SECOND ADDITON; except that part thereof lying southerly of a line drawn parallel to, and 5 feet northerly from the southerly line of said Lots. By Order of the City Council Published in the Eden Prairie News on July 2,2009 NOTIFICATION LIST VACATION REQUEST 09-02 A copy of the Public Hearing Notice has been sent to owners of the following parcels: 24-116-22-44-0054 24-116-22-44-0090 24-116-22-44-0091 A copy of the Public Hearing Notice has been sent to the following Utilities: CenterPoint Energy Comcast Qwest Communications Xcel Energy CITY COUNCIL AGENDA DATE: SECTION: Public Hearing July 21, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Approve First ITEM NO.: IX.B. Public Works/Environmental Reading of an Ordinance Amending Services City Code Section 11.51, Standards for Leslie Stovring Protection of Wetlands Requested Action Move to: • Close the Public Hearing; and • Approve First Reading of an Ordinance A mending City C ode S ection 11.51, S tandards for Protection of Wetlands Synopsis City Code Section 11.51 Sections A and B are being amended to consolidate the requirements for completing a wetland de lineation, w etland de termination and/or no -loss de termination onto an application form that is to be completed and submitted to the City for approval. This will provide the city and Applicant an easy-to-use tool to ensure that all the various requirements of the City Code and Wetland Conservation Act are followed for projects that involve w etland conditions. Additional editorial changes were also made to clarify the requirements of these sections. Background Information Eden Prairie adopted the wetland protection code on February 10, 2000. The Wetland Protection Code was developed to conserve and protect wetlands and their wetland buffers. The intent is to avoid the alteration and destruction of wetlands and their buffer strips. The Wetland Protection Code serves to supplement MN Rules 8420, commonly called the Wetland Conservation Act(WCA),which provides a set of minimum standards for wetland protection. Sections A and B of City Code Section 11.51, Subdivision 11, entitled "Special Requirements for Wetland Conservation Act (WCA) Services", are be ing a mended t o r equire t hat t he A pplicant (developer or consultant) complete and provide to the City an application for any wetland delineation, wetland determination or no-loss determination. The Application will provide a simple way for staff to determine if all the various requirements within the Code section and Wetland Conservation Act are met prior to scheduling a review of the report. Additional editorial changes were made to sections A and B to clarify these requirements. The Planning Commission reviewed the City Code Amendment on June 8, 2009, and was approved with a vote of 6-0. Attachments • Wetland Code Revision • Planning Commission Minutes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE C ITY 0 F E DEN PRAIRIE, MINNESOTA, AMENDING C ITY CODE S ECTION 11. 51, SUBDIVISON 11, A AND B . RELATING T 0 S PECIAL REQUIREMENTS F OR W ETLAND C ONSERVATION AC T A ND ADOP TING B Y REFERENCE C ITY C ODE CHAPTER 1 AND S ECTION 11.99, WHICH AM ONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City C ode Chapter 11 - Section 11 .51, S ubdivision 11, A and B entitled "Special R equirements for W etland Conversation Act(WCA) S ervices are amended in their entirety as follows: A. Wetland Evaluation / Wetland Determination Review — The An Applicant submitting a Development A pplication must pr ovide a r eport doc umenting s ite c onditions; w etland delineation review procedures; and a statement as to whether wetlands are present on site- Field data sheets documenting soil, vegetation and hydrology conditions at a minimum of two 1 ocations m ust be i ncluded w ith t he r eport. If a w etland i s i dentified, a W etland Delineation R eport must be prepared. Data must be provided a m inimum of one w eek t„ s ched„l ng the s ite r ith the E n-viten,.,e tal Coordinator. and whether the development proposal will result in a loss of wetland. All reports required in this section Wetland evaluations and wetland determinations will be reviewed and must be approved by the Environmental Coordinator. The decision of the Environmental Coordinator shall be final unless within 30 days of the date of mailing of the decision the Applicant files an appeal with the City Council pursuant t o City C ode Section 2.80. Reports must be prepared in accordance with paragraph B. B. Wetland Delineation, Wetland Determination and N o Loss D etermination R eview Application — The Applicant must provideshall complete and file with the Environmental Coordinator an Application for Review of Wetland Determinations in the form required by the Environmental Coordinator. The Application, including the following information, for review of site conditions amust be filed with the Environmental Coordinator a minimum of one week prior to scheduling a field review Irby the Environmental Coordinator: 1. Wetland D elineation R eport, Wetland Determination or N o Loss D etermination Report, one two print copies copy and on e e lectronic (PDF) ve rsion i n c olor(all maps in the PDF version need to be developed for an 11"x 17" printable format with sufficient detail so all features are legible);. 2. Wetland B uffer S trip R eport, one pr int a nd on e e lectronic c opy(PDF) must be submitted with the Wetland Delineation or No Loss Determination Report; 3. Scaled public 1 and survey map of the w etland d elineation and boundary, transect locations and sample pointsi 4. Survey data in a format compatible with ArcView software;. 5. A mini mum of tw o wetland data forms p er wetland representing the w etland parameters at two locations along with a data form documenting upland conditions 1 at each locationi- 6. Color c opies of c urrent a nd hi storical a erial p hotographs a s r equired t o de fine current and historic wetland conditions or wetland boundariesi 7. Field data s heets doc umenting s oil, ve getation a nd h ydrology c onditions a t a minimum of two locations; and 8. Such other information as required by the Environmental Coordinator. The Environmental C oordinator s hall review and approve w etland d elineations, w etland determinations a nd no loss de terminations. T he E nvironmental C oordinator s hall i ssue his/her decision in accordance with Minnesota Statute 15.99, Subd. 3. The decision of the Environmental Coordinator shall be final unless within 30 days of the date of mailing of the decision the Applicant files an appeal with the City Council pursuant to City Code Section 2.80. Section 2 — City Code Chapter 1, entitled"General Provisions and Definitions Applicable to the entire City Code Including Penalty for Violation" and Section 11.99, entitled"Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3 - Effective Date - This 0 rdinance s hall t ake of feet upon i is pa ssage a nd publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day o f 2 2009 and finally read and adopted and ordered published at a regular me eting of th e C ity C ouncil of s aid City on the day of , 2009. Kathleen Porta, City Clerk Phil Young, Mayor APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JUNE 8, 2009 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Katie Lechelt, Jacob Lee, Alexander Martin, Jerry Pitzrick, Peter Rocheford, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Scott Kipp, Senior Planner Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Pitzrick and Rocheford were absent. II. APPROVAL OF AGENDA MOTION by Kirk, seconded by Schultz, to approve the agenda. Motion carried 7-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON MAY 11, 2009 MOTION by Schultz, seconded by Wuttke, to approve the minutes. Motion carried 5-0. Lechelt and Stoltz abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. Variance 2009-01 Request to: • Permit a rear yard deck setback of 14'. City Code requires a 20' setback. Location: 15194 Woodhill Trail Nanette Missaghi, homeowner, presented the proposal. She stated they have an irregular lot and that is the reason for the variance request. The house was built in EDEN PRAIRIE PLANNING COMMISSION MINUTES June 8, 2009 Page 2 1997. The new deck would hide the retaining wall. She pointed out the neighbors are in favor of the request. Stoltz asked if she had photos of the proposed project. Ms. Missaghi illustrated photos of the proposed deck utilizing the overhead projector. She reiterated the extension of the proposed deck would hide the unsightly retaining wall. Stoltz asked Kipp to review the staff report. Kipp stated they looked at hardship, unique circumstances and neighborhood character. The unique circumstances were in place before the homeowners purchased the home. This proposal would not alter the character of the neighborhood because there are other homes with decks similar to this one, and the fact that it is not encroaching a significant amount into the setback area. If the project is approved there are findings on page 2 of the staff report the Commission should consider. Stoltz opened the meeting up for public input. There was no input. Schultz asked the project proponent if other neighbors in the area were notified. Ms. Missaghi said they have not talked to the neighbors to the right, but will do so. Lechelt asked the project proponent if the only reason she was extending the deck was to hide the retaining wall. Ms. Missaghi said they wanted to cover it up but to also extend the area of their backyard. Lechelt asked Ms. Missaghi to illustrate how much of the deck would be going into the setback area. Ms. Missaghi used the overhead projector to show how much of the deck would be going into the setback area. Lechelt asked if she considered other designs. Ms. Missaghi said one option would be to rip out the retaining wall but it would be very expensive. The other option would be to leave it as is. Lechelt said she has a hard time approving this request without seeing more photos. Schultz asked Kipp if there would be any other alternatives. Kipp stated the most outside corner on the deck could be cut back so as not to extend farther than the retaining wall, thus minimizing the variance. Kirk said he does not have a problem with this variance. Schultz concurred with Kirk. Lechelt does not see enough of a hardship to grant this request. She pointed out the deck is 100 sq ft more than the largest deck in the neighborhood, and does not believe it fits into the character of the neighborhood. Lee concurred with Lechelt. Martin would like to see a more detailed plan of the deck,but would still approve this project. MOTION by Schultz, seconded by Martin, to close the public hearing. Motion carried 7-0. EDEN PRAIRIE PLANNING COMMISSION MINUTES June 8, 2009 Page 3 MOTION by Schultz, seconded by Kirk, to recommend approval of the variance to permit a rear yard deck setback of 14', based on plans stamped dated May 1, 2009 and the staff report dated June 5, 2009 and based on the following findings. • 32 square feet of the deck addition or 16% encroaches into the setback. • The average deck setback is 19.67 feet. • The property has an unusual shape. • The rear lot line is not parallel to the front lot line. • There are other decks of a similar size in the area. • The lot abuts an open space lot of approximately 1 acre. Motion carried 5-2. B. T-MOBILE CELLULAR TOWER—EP HIGH SCHOOL Request for: • Site Plan Re4view on 67.33 acres. Location: 17185 Valley View Road Stoltz asked Kipp why the Commission is reviewing this again. Kipp said on April 27, the Planning Commission recommended approval of the project. It was discovered after this meeting and after the City Council mailing notices were sent out, that the Planning Commission public hearing notices were not mailed to the residents. Due to this error we are reviewing this request again. Wade Hanson, representing T-Mobile,presented the proposal. He said they are here tonight to propose the 120 foot tower that had been previously recommended for approval. Lee asked the project proponent if they considered raising the 70 foot light poles in the area to 90 feet. Mr. Hanson said they did consider it but it would not meet their goals. He also said the school wants them to have this pole raised to 120 feet. Schultz asked Mr. Hanson about the placement of the antenna, and did they look at relocating it to the southwest side of the school. Mr. Hanson said they did consider it but the school did not want a new pole erected but rather a modification of the pole in the area. Schultz asked Kipp if he was familiar with recommendations of construction of the pole on the southwest side. Kipp said it had been addressed. He said he had not spoken with the School District. Since the School District owns the property, ultimately they decide where they think it should be located. The City has jurisdiction in approving the project. Stoltz asked Kipp to review the staff report. Kipp stated staff recommends option one on page 2 of the staff report. Stoltz opened the meeting up for public input. There was no input. Lee asked Mr. Hanson if other service providers could be leased on the pole. Mr. Hanson said yes, it could be an option. EDEN PRAIRIE PLANNING COMMISSION MINUTES June 8, 2009 Page 4 MOTION by Kirk, seconded by Schultz, to close the public hearing. Motion carried 7-0. MOTION by Kirk, seconded by Schultz, to recommend approval of the Site Plan Review on 67.3 acres, based on plans stamped dated April 17, 2009 and the staff report dated April 24, 2009. Motion carried 7-0. Kirk left the meeting. C. AT&T CELLULAR TOWER—OLYMPIC HILLS Request for: • Site Plan Review on 23.44 acres Location: 12100 Pioneer Trail James Ries and Peter Campbell, representing AT& T, presented the proposal. They said they would like to put this tower up on the northwest corner of the parking lot that is at the rear of the church. It would be a 100 foot stealth tower. Stoltz asked Kipp to review the staff report. Kipp said there are two staff recommendations on page 3 and 4 of the staff report. Option 1 is for approval. Option 2 is a recommendation of continuance to the June 22, 2009 meeting with direction to revise the plans as follows. A. Relocate the monopole and mechanical equipment building to the northwest side of the church building. B. The exterior elevations for the mechanical equipment building shall be in face brick to match the church building. Staff recommends Option 2. Mr. Ries stated they could put up brick façade to match the church. He pointed out if the site was moved 80 to 100 feet east, there are too many power lines in that area and it would not be advisable to put the tower next to them. He stated they have been working with Pax Christi to come up with this current plan and are all in agreement. Stoltz opened the meeting up for public input. Terry Nerhus, of 9495 Homeward Hills Road, stated he is located east of the pole and would not be in favor of this project and believes it would decrease the value of his home. Matt Kleffner, of 9559 Woodridge Circle, stated he lives to the west side of the project and said he has health concerns in regards to this project. He also said the visual impact would be very obvious. He felt the tower could be placed in the dumpster area of the property. He submitted a letter to the Commission. EDEN PRAIRIE PLANNING COMMISSION MINUTES June 8, 2009 Page 5 Ken Reineccius, of 12100 Pioneer Trail, is the Director of Operations at Pax Christi. He utilized the overhead projector to show the proposed site of the project. He showed where the church would like to build a playground on site and stated the project is currently on hold due to the economy but in the future they would like this area to be used for the playground. They do not want to move the tower because currently it would be out of range of the proposed playground and basketball area. Kipp stated they would like them to move the tower back a portion as to have the building screen it. Lee asked with this stealth pole if other providers could co-locate on it. Mr. Campbell stated one other service provider could co-locate on the tower. Alexander asked if the pole could be lowered and not have the option of co- locate. Mr. Campbell said Code requires them to be able to have another carrier co-locate on the pole. Alexander asked if this was cost effective to have another carrier co-locate on the pole. Mr. Campbell stated it was cost effective. He also stated the community as a whole would benefit from this tower because it would increase the coverage area. Mr. Kleffner asked, regarding other alternatives, if there were other poles in the area, such as the one by Allied Waste, or light poles, that could be turned into a tower. He stated Option 2 seemed to be the best option for this project. Stoltz asked Mr. Reineccius if Pax Christi was against moving the tower on their property. Mr. Reineccius said it would sour them because they wanted to keep that area for the day care center. Mr. Nerhus stated the neighbors would like to see the tower moved. Pax Christi is getting the revenue but the neighbors have to look at it. Schultz asked if the project proponent spoke with airport authorities and asked why they did not select the area by Allied Waste. Mr. Ries said that would be moving away from the coverage area. Schultz said if there has not been any dialog with MAC, than he has a problem with approving this project. Lee asked the project proponent what level of communication they had with Xcel Energy. Mr. Ries said his conversation with Xcel was limited, but safety was Xcel's main concern and denied our request to locate on their power line. Schultz said he would like the parish at Pax Christi to come back with a compromise and to recommend that AT&T have more dialog with MAC to see if something can be put up in that area. Mr. Campbell asked if they were to move the tower would the Commission approve the request. Stoltz said the Commission would be more agreeable if the following were met; conversation with MAC about relocating, discussing with City Staff about building materials, and talking with neighbors in the area and to come back to the June 22 Planning EDEN PRAIRIE PLANNING COMMISSION MINUTES June 8, 2009 Page 6 Commission Meeting with the results. Kipp said in order for them to come back to the June 22 meeting, they would have to have everything completed and turned in by June 17th or 18th. Mr. Campbell suggested a Planning Commission Meeting in July, so as not to rush this. MOTION by Schultz, seconded by Wuttke, to recommend a continuance to the first meeting in July for the proponent to have further dialogue with Metropolitan Airports Commission regarding existing pole facilities, specifically at 9813 Flying Cloud Drive. Also, to have further communication with the Pax Christi Church Council or representatives for further compromise, and to meet with local residents that attended this public meeting to further compromise with and between the proponent, Church, and immediate residents in the area, and the project proponent have dialog with Hennepin County as it relates to the reconstruction of Pioneer Trail and seek recommendation through Hennepin County if there are any possibilities to co-exist with any future pole or tower structures the County may have. Motion carried 6-0. D. Wetland Protection Code Amendment This is a code amendment for Sections A and B of City Code Section 11.51, Subdivision 11, entitled"Special Requirements for Wetland Conservation Act (WCA) Services" addressing the need for an applicant to complete and provide to the City an application for any wetland delineation, wetland determination, or no- loss determination. This will be an easy way to determine if all the various requirements are met before schedu7ling a review of the report. Some additional editorial changes are also proposed. Kipp stated this is basically an administrative change to the code and would help Staff and consultants to know what type of information needs to be submitted for a particular action or request. Stoltz opened the meeting up for public input. There was no input. Wuttke asked if there was any substantive change in the ordinance. Kipp stated there was not. MOTION by Wuttke, seconded by Schultz, to close the public hearing. Motion carried 6-0. MOTION by Wuttke, seconded by Schultz, to accept the staff recommendations to the Wetland Protection Code. Motion carried 6-0. VII. PLANNERS' REPORT Kipp stated there will be one public hearing on a proposed variance request for the June 22'meeting. EDEN PRAIRIE PLANNING COMMISSION MINUTES June 8, 2009 Page 7 VIII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Schultz, seconded by Wuttke, to adjourn the meeting. Motion carried 6-0. There being no further business, the meeting adjourned at 9:02 p.m. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims July 21, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 187401 — 188094 Wire Transfers 3457 —3510 3466 - 3474 U S Bank Purchasing Cards - April 3502 —3510 U S Bank Purchasing Cards -May City of Eden Prairie Council Check Summary 7/21/2009 Division Amount Division Amount General 153,444 502 Park Development 5,750 100 City Manager 2,969 503 Utility Improvement 321,126 101 Legislative 621 509 CIP Fund 448,218 102 Legal Counsel 33,243 512 CIP Trails 10,673 110 City Clerk 633 515 Fire Station#4 750 111 Customer Service 12,131 521 Trails Referendum 35,855 112 Human Resources 275 522 Improvement Projects 2006 3,829 113 Communications 12,868 525 Flying Cloud Dr Improvements 336 114 Benefits&Training 24,378 Total Capital Project Funds 826,536 130 Assessing 1,387 131 Finance 6,585 601 Prairie Village Liquor 254,074 132 Housing and Community Services 3,768 602 Den Road Liquor 311,325 133 Planning 490 603 Prairie View Liquor 179,228 136 Public Safety Communications 6,684 605 Den Road Building 3,992 137 Economic Development 947 701 Water Fund 240,881 138 Community Development Admin. 551 702 Sewer Fund 14,595 151 Park Maintenance 89,469 703 Storm Drainage Fund 41,497 153 Organized Athletics 14,406 Total Enterprise Funds 1,045,591 154 Community Center 13,916 155 Beaches 1,212 803 Escrow Fund 12,651 156 Youth Programs 6,039 806 SAC Agency Fund 8,000 157 Special Events 8,125 Total Agency Funds 20,651 158 Adult Recreation 4,675 159 Recreation Administration 2,899 807 Benefits Fund 1,488,768 160 Therapeutic Recreation 689 810 Workers Comp Insurance 118,338 161 Oak Point Pool 81 811 Property Insurance 865 162 Arts 16,445 812 Fleet Internal Service 165,115 163 Outdoor Center 9,594 813 IT Internal Service 93,353 164 Park Rental Facilities 135 814 Facilities Capital ISF 179,937 168 Arts Center 3,996 815 Facilites Operating ISF 86,031 180 Police 31,092 816 Facilites City Center ISF 90,594 183 Emergency Preparedness 669 817 Facilites Comm.Center ISF 85,751 184 Fire 14,439 Total Internal Service Funds 2,308,753 200 Engineering 992 201 Street Maintenance 94,266 Report Totals 5,627,798 202 Street Lighting 66,468 Total General Funds 640,580 301 CDBG 7,502 303 Cemetary Operation 1,065 304 Senior Board 99 308 E-911 940 309 DWI Forfeiture 2,653 Total Special Revenue Funds 12,260 417 $3,390,000 Facility Bond 2000 750 424 G.O.Improvement Bonds 2003D 14,806 429 G.O.Improvement Bonds 2005C 101,573 430 G.O.Improvement Bonds 2006A 142,331 431 G.O.Improvement Bonds 2006B 89,085 433 2007A Facility Lease-3rd Rink 36,338 434 2008A Capital Equipment Notes 388,545 Total Debt Funds 773,428 City of Eden Prairie Council Check Register 07/21/20009 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 3489 388,545 WELLS FARGO BANK MINNESOTA NA Interest 2008A Capital Equipment Notes Debt Payment 3492 367,326 WELLS FARGO BANK MINNESOTA NA Interest 2007A Facility Lease-3rd Rink Debt Payment 187530 333,758 MCKINSTRY ESSENTION INC Other Contracted Services CIP-Bonds 20-40-15 Projects 187507 298,497 JOHN A DALSIN&SON INC Other Contracted Services Utility Improvement Fund Water Plant Roof 187934 225,613 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits July Health Insurance 187486 225,114 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits June Health Insurance 3487 169,948 WELLS FARGO MINNESOTA N A Federal Taxes Withheld Health and Benefits Federal Taxes Withheld 3499 169,817 WELLS FARGO MINNESOTA N A Federal Taxes Withheld Health and Benefits Federal Taxes Withheld 3463 156,620 WELLS FARGO MINNESOTA N A Federal Taxes Withheld Health and Benefits Federal Taxes Withheld 187649 147,250 PETERSON BROS ROOFING AND CONS Building Facilities Capital City Center Rood 187826 135,587 XCEL ENERGY Electric Electric Xcel Electric Statement 3480 119,634 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 3461 118,805 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 187967 118,338 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance Workers Comp 3498 117,861 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 3476 108,469 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund Sales&Use Tax 3477 97,622 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 187849 91,144 ASPEN EQUIPMENT CO. Machinery&Equipment Public Works 188009 65,410 ODESA II LLC Signs Capital Impr./Maint.Fund 188091 45,009 XCEL ENERGY Electric City Hall-CAM 187868 43,617 CARGILL SALT Salt Snow&Ice Control 187454 42,069 DIVERSE BUILDING MAINTENANCE Cleaning Supplies Ice Arena Maintenance 187922 39,148 GREGERSON ROSOW JOHNSON&NILA Legal Fire Station#4 187512 38,805 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 3488 36,866 US BANK TRUST RMSA Other Deductions Health and Benefits 187636 35,708 ANCHOR FENCE OF MINNESOTA INC Other Contracted Services Forest Hills Park 187727 34,189 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 187955 33,851 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 3500 33,419 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 3486 32,862 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 187928 32,675 HANSEN THORP PELLINEN OLSON Design&Engineering Storm Drainage 187522 32,368 LOGIS Software Maintenance IT Operating 3462 31,207 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 187528 30,520 MCFARLAND CONSTRUCTION COMPANY Building Capital Impr/Maint Fixed 187970 29,997 LOGIS LOGIS IT Operating 187937 28,648 HIGHWAY TECHNOLOGIES INC Contracted Striping Traffic Signs 187542 27,984 MINNESOTA DEPT OF HEALTH Miscellaneous Water Testing 187888 27,114 DIVERSE BUILDING MAINTENANCE Cleaning Supplies Community Center Maintenance 187722 26,713 INTEREUM INC Capital Under$10,000 Capital Impr./Maint.Fund 187741 26,516 MARK VII Beer Prairie View Liquor Store 3474 24,619 US BANK Purchasing Cards Various Departments 187802 24,378 THORPE DISTRIBUTING Beer Prairie View Liquor Store 3510 23,933 US BANK Purchasing Cards Various Departments 187481 23,354 GRIGGS COOPER&CO Liq Inventory Credits Prairie Village Liquor Store 188001 23,314 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit Explanation 187925 23,201 GRIGGS COOPER&CO Transportation Den Road Liquor Store 187930 22,295 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Operating 187706 21,936 GRIGGS COOPER&CO Domestic Wine Den Road Liquor Store 187839 20,979 ABM JANITORIALSERVICES-NORTH C Janitor Service City Hall-CAM 187721 20,860 INTEGRA TELECOM Other Contracted Services IT Telephone 187748 20,125 MIDLAND GLASS CO Building Repair&Maint. Facilities Capital 187976 19,921 MARK VII Beer Den Road Liquor Store 188060 18,448 THORPE DISTRIBUTING Misc Taxable Den Road Liquor Store 187633 18,220 YALE MECHANICAL INC Contract Svcs-HVAC Community Center Maintenance 187921 17,490 GRAYMONT Treatment Chemicals Water Treatment Plant 187506 17,487 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 187623 17,334 WALL TRENDS INC Contract Svcs-Gener Arts Center 187577 17,309 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 188025 17,306 PRECISION SEALCOATING INC Improvement Contracts CIP Trails 3497 17,051 ING Deferred Compensation General Fund 188034 16,835 RELIAKOR SERVICES INC Sweeping Storm Drainage 187951 16,794 JJ TAYLOR DISTRIBUTING MINNESO Liquor Prairie View Liquor Store 3483 16,474 ING Deferred Compensation General Fund 187568 16,177 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 187573 15,961 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Facilities Capital 187606 15,952 THORPE DISTRIBUTING Beer Prairie View Liquor Store 187724 15,901 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 3459 15,738 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 187562 15,361 PARROTT CONTRACTING INC Equipment Repair&Maint Water System Maintenance 188023 15,037 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 3491 14,806 US BANK TRUST NATIONAL ASSN Interest G.O.Improvement Bonds 2003D 3460 14,375 US BANK TRUST HRA Health and Benefits 187703 14,267 GRAYMONT Treatment Chemicals Water Treatment Plant 187781 13,960 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 187447 13,950 DAY DISTRIBUTING Beer Prairie View Liquor Store 187526 13,817 MARK VII Beer Prairie View Liquor Store 187648 13,428 MINNESOTA UI FUND Unemployment Compensation Organizational Services 187436 13,316 CHART INTERNATIONAL INC Equipment Repair&Maint Water Treatment Plant 3494 13,005 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 188030 12,663 QUALITY WINE&SPIRITS CO Transportation Den Road Liquor Store 3478 12,445 US BANK TRUST RMSA Other Deductions Health and Benefits 3482 12,436 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 3457 12,266 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 3496 12,115 US BANK TRUST HRA Health and Benefits 187884 12,023 DAY DISTRIBUTING Misc Taxable Den Road Liquor Store 187554 11,540 NEWMECH Machinery&Equipment Utility Improvement Fund 187776 11,353 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 187998 10,667 MN MAINTENANCE EQUIPMENT INC Equipment Parts Fleet Operating 187754 10,549 MN MAINTENANCE EQUIPMENT INC Machinery&Equipment Park and Recreation 187997 10,345 MMKR Audit&Financial Finance 188018 10,176 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 187871 9,977 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant 187687 9,958 DAY DISTRIBUTING Misc Taxable Prairie View Liquor Store 187597 9,924 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit Explanation 187534 9,900 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 187881 9,420 COURT SURFACES&REPAIR Seal Coating Park Maintenance 187786 8,750 SABIS EDUCATIONAL SYSTEMS INC Deposits Escrow 187894 8,572 EMERGITECH Software Maintenance IT Operating 188024 8,544 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 187479 8,520 GRAYMONT Treatment Chemicals Water Treatment Plant 187860 8,466 BIFFS INC Waste Disposal Park Maintenance 188053 8,147 SRF CONSULTING GROUP INC Other Contracted Services Storm Drainage 3481 8,000 US BANK TRUST RMSA Other Deductions Health and Benefits 187931 6,831 HAWKINS INC Treatment Chemicals Water Treatment Plant 187662 6,766 ASPEN EQUIPMENT CO. Machinery&Equipment Public Works 187857 6,536 BELLBOY CORPORATION Transportation Den Road Liquor Store 188093 6,409 YALE MECHANICAL INC Contract Svcs-HVAC Den Road Building 187564 6,302 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 187769 6,298 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 188086 6,260 WINE MERCHANTS INC Transportation Den Road Liquor Store 187557 6,076 NORTHERN SAFETY TECHNOLOGY INC Capital Under$10,000 Fleet Operating 187987 6,000 MIDWEST DESIGN CO Other Contracted Services Communications 187628 5,958 WINE MERCHANTS INC Transportation Den Road Liquor Store 187440 5,835 CLAUDE'S CERAMIC TILE INC Contract Svcs-Garden Romm Garden Room Repairs 187490 5,744 HENNEPIN COUNTY TREASURER Board of Prisoner Police 187949 5,617 JALARAM HOSPITALITY WORLD WIFE Right of Way&Easement Trails Referendum 187637 5,517 ANCHOR PRINTING COMPANY Printing Youth Programs Administration 187749 5,402 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 187767 5,258 ODESA II LLC Improvement Contracts Park Acquisition&Dev Fixed A 187670 5,030 BELLBOY CORPORATION Transportation Prairie View Liquor Store 187808 4,831 USA MOBILITY WIRELESS INC Pager&Cell Phone Wireless Communication 187927 4,800 GUNNAR ELECTRIC CO INC Other Contracted Services Miller Park 187895 4,744 EMPLOYERS ASSOCIATION INC Other Contracted Services Organizational Services 188006 4,524 NORTHSTAR MUDJACKING SPECIALIS Mudjacking Curbs Drainage 187483 4,442 HAGGENMILLER LUMBER INC Building Materials Park Acquisition&Development 187417 4,362 BELLBOY CORPORATION Transportation Prairie View Liquor Store 187819 4,299 WM MUELLER AND SONS INC Gravel Water System Maintenance 187902 4,215 FASTSIGNS Capital Under$10,000 Capital Impr./Maint.Fund 187945 4,160 IND SCHOOL DIST 272 Gym Rental Volleyball 187497 4,081 HORIZON COMMERCIAL POOL SUPPLY Repair&Maint.Supplies Pool Maintenance 187655 4,070 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#5 187815 4,026 WHEELER LUMBER LLC Other Contracted Services Capital Impr./Maint.Fund 187886 4,000 DICK WHITBECK MUSIC INC Other Contracted Services July 4th Celebration 187912 3,968 GENERAL REPAIR SERVICE Equipment Parts Water Treatment Plant 187536 3,860 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 187613 3,759 US POSTMASTER-HOPKINS Postage Communications 187929 3,746 HARRIS,STEVEN Right of Way&Easement Trails Referendum 187720 3,500 IND SCHOOL DIST 272 Other Contracted Services Housing and Community Service 188052 3,492 SOUTHWEST SUBURBAN PUBLISHING- Printing Cummins House Special Events 187875 3,414 CLAREYS INC Safety Supplies Fleet Operating 187872 3,400 CENTURYTEL Telephone IT Telephone 187992 3,388 MINNESOTA RUSCO INC Other Contracted Services Rehab 187870 3,381 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 187796 3,285 STREICHERS Protective Clothing Police 188073 3,196 VERNCO MAINTENANCE INC Grounds Maintenance Utility Operations-General 187514 3,121 KEEPERS Clothing&Uniforms Fire 187559 3,109 OLSEN FIRE PROTECTION Contract Svcs-Fire/Life/Safe Historical Buildings 188036 3,092 RIDGEVIEW MEDICAL CENTER Health&Fitness Fire 187889 3,092 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant 187571 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 188020 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 187545 2,993 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance 187433 2,913 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 187985 2,870 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 187456 2,822 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant 187437 2,779 CHIEF SUPPLY Protective Clothing Fire 188045 2,711 SIGNSOURCE Other Contracted Services Round Lake 187455 2,600 DOODY MECHANICAL Improvements to Land Facilities Capital 188049 2,600 SOUTHDALE YMCA-CHILD CARE Refunds CDBG-Public Service 187489 2,568 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 187765 2,539 NORTHWEST BUSINESS SYSTEMS Software Maintenance IT Operating 187822 2,514 WORK CONNECTION,THE Other Contracted Services Park Maintenance 188046 2,500 SLAMHAMMER SOUND CO,INC Other Contracted Services July 4th Celebration 187413 2,463 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 187428 2,421 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Park Maintenance 187968 2,403 LIGHTNING PRINTING INC Printing Staring Lake Concert 187677 2,156 CEMSTONE PRODUCTS COMPANY Repair&Maint. Supplies Storm Drainage 187818 2,143 WINE MERCHANTS INC Transportation Prairie View Liquor Store 187666 2,140 BECKER ARENA PRODUCTS INC Contract Svcs-Ice Rink Ice Arena Maintenance 187488 2,136 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police 187442 2,130 CORPORATE EXPRESS Office Supplies General 187527 2,104 MATTS AUTO SERVICE INC Miscellaneous DWI Forfeiture 188089 2,094 WORLD CLASS WINES INC Transportation Den Road Liquor Store 187631 2,075 WORLD CLASS WINES INC Transportation Den Road Liquor Store 187827 2,047 YALE MECHANICAL INC Contract Svcs-HVAC Outdoor Center Facilities 187752 2,045 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 188085 2,030 WINE COMPANY,THE Transportation Den Road Liquor Store 187600 2,026 STREICHERS Clothing&Uniforms Police 187829 2,000 ZIEBOL,MATTHEW Tuition Reimbursement/School Organizational Services 188079 2,000 WELLS FARGO BANK MINNESOTA NA Paying Agent 2007A Facility Lease-3rd Rink 187403 1,990 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM 187459 1,977 ECOLAB INC Contract Svcs-Pest Control Historical Buildings 187641 1,963 BUCK,NATHAN Other Contracted Services Softball 188087 1,951 WM MUELLER AND SONS INC Seal Coating Street Maintenance 187896 1,936 ESS BROTHERS&SONS INC Repair&Maint.Supplies Infiltration/Inflow Study 187500 1,914 ICERINK SUPPLY CO Contract Svcs-Ice Rink Ice Arena Maintenance 187817 1,906 WINE COMPANY,THE Transportation Den Road Liquor Store 187701 1,896 GRAPE BEGINNINGS Transportation Den Road Liquor Store 187835 1,863 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 187654 1,862 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 187538 1,857 MIDWEST PLAYSCAPES Landscape Materials/Supp Park Maintenance 187401 1,856 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center Check# Amount Vendor/Explanation Account Description Business Unit Explanation 188061 1,850 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs-Elevator Senior Center 187476 1,810 GRAINGER Supplies-General Bldg Community Center Maintenance 187982 1,749 METRO SALES INCORPORATED* Other Rentals General 187679 1,721 CENTERPOINT ENERGY Gas Water Treatment Plant 188013 1,716 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 187946 1,708 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 187578 1,627 QWEST Telephone Forest Hills Park 187939 1,618 HOHENSTEINS INC Beer Den Road Liquor Store 187614 1,612 US POSTMASTER-HOPKINS Postage Water Accounting 3501 1,604 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 3464 1,602 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 187761 1,574 NEWMECH Repair&Maint-Ice Rink Ice Arena Maintenance 187917 1,563 GOPHER STATE ONE-CALL INC OCS-Leak Detection Utility Operations-General 187910 1,556 GALE-TEC ENGINEERING INC Other Contracted Services Storm Drainage 187979 1,541 MENARDS Training Supplies Fire 187496 1,531 HOHENSTEINS INC Beer Prairie View Liquor Store 187615 1,529 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM 187880 1,502 COUGHLIN,JAY&JULIE Insurance Claims Sewer Utility-General 188011 1,463 OUTDOORS AGAIN INC Other Contracted Services Park Maintenance 187943 1,457 HYDROLOGIC WATER MANAGEMENT Repair&Maint.Supplies Park Maintenance 187607 1,440 TOTAL REGISTER Other Contracted Services Prairie View Liquor Store 187891 1,440 DUSTCOATING INC Roads-Dust Control Gravel Roads Dust Control 187989 1,425 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 187630 1,404 WORK CONNECTION,THE Other Contracted Services Park Maintenance 187850 1,400 ASPEN WASTE SYSTEMS INC. Waste Disposal City Hall-CAM 187683 1,400 CONTINUING EDUCATION Tuition Reimbursement/School Police 187941 1,356 HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies City Hall-CAM 187493 1,352 HERSEY-METERS Repair&Maint.Supplies Water Metering 188012 1,350 PASSIONWERX LLC Other Contracted Services Organizational Services 187913 1,343 GENUINE PARTS COMPANY Equipment Parts Fleet Operating 187553 1,331 NEW WORLD SYSTEMS Other Assets CIP-Bonds 187892 1,331 EARL F ANDERSEN INC Capital Under$10,000 Capital Impr./Maint.Fund 187618 1,330 VESSCO INC Equipment Repair&Maint Water Treatment Plant 187450 1,330 DECORATIVE DESIGNS INC Contract Svcs-Garden Rm/Caf. City Hall-CAM 188021 1,316 PRAIRIE ELECTRIC COMPANY Contract Svcs-Elect Arts Center 188076 1,308 VISTAR CORPORATION Merchandise for Resale Concessions 187974 1,306 MAACO Equipment Repair&Maint Fleet Operating 187625 1,249 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance 187443 1,202 COSTCO Operating Supplies Senior Center Administration 187692 1,185 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Infiltration/Inflow Study 187660 1,171 ANCHOR PRINTING COMPANY Printing Senior Center Administration 187674 1,166 BOUNDLESS NETWORK Clothing&Uniforms Community Center Maintenance 187789 1,161 SCHARBER&SONS Equipment Repair&Maint Fleet Operating 187425 1,154 BOUNDLESS NETWORK Operating Supplies Recreation Administration 187627 1,135 WINE COMPANY,THE Transportation Den Road Liquor Store 187431 1,131 CALIFORNIA CONTRACTORS SUPPLIE Operating Supplies Utility Operations-General 187620 1,125 VINOCOPIA Transportation Den Road Liquor Store 187809 1,107 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM 187635 1,098 A-SCAPE INC Contract Svcs-Lawn Maint Fire Station#4 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 188088 1,098 WORK CONNECTION,THE Other Contracted Services Park Maintenance 187938 1,078 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 187478 1,055 GRAPE BEGINNINGS Transportation Prairie View Liquor Store 187503 1,020 INTERSTATE POWER SYSTEMS INC Maintenance Contracts Water Wells 188066 1,019 TWIN CITY HARDWARE Contract Svcs-General Bldg Pool Maintenance 187549 1,007 MINNESOTA WANNER COMPANY Operating Supplies Park Maintenance 187565 1,000 PERSONNEL DECISIONS INTL Other Contracted Services City Manager 187777 1,000 PLEHAL BLACKTOPPING INC Other Contracted Services Water System Maintenance 187866 995 BUCK,NATHAN Other Contracted Services Softball 187501 989 IDEAL SERVICE INC Equipment Repair&Maint Water Wells 187537 983 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie View Liquor Store 187963 976 KUSTOM SIGNALS INC Equipment Repair&Maint Police 187708 964 HACH COMPANY Lab Supplies Water Treatment Plant 187463 964 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant 3484 952 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 188035 950 RESTORATION SYSTEMS INC Contract Svcs-General Bldg Community Center Maintenance 187713 945 HIRSHFIELD'S Repair&Maint.Supplies Water Wells 3495 943 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 187933 927 HD SUPPLY WATERWORKS LTD Equipment Parts Water System Maintenance 188042 923 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Infiltration/Inflow Study 187410 904 ANCHOR PAPER COMPANY Office Supplies General 187462 902 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire 187416 900 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 187747 900 MIDDLE SPUNK CREEK BOYS,THE Other Contracted Services Riley-Jacques Barn 3458 888 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 187969 884 LIONS TAP Operating Supplies Fire 188059 874 TESSMAN SEED CO Chemicals Park Maintenance 187772 865 PETERSON,STEPHANIE Insurance Property Insurance 187861 850 BOLD,PAULINE Instructor Service Outdoor Center 187890 841 DULCET FOUNTAINS&AERATION Grounds Maintenance Utility Operations-General 187477 830 GRANICUS INC Software Maintenance IT Operating 188002 828 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 187517 815 L&D SIGN INC Other Contracted Services Park Maintenance 187973 800 LUSHINE,PEGGY E Other Contracted Services Summer Theatre 188019 800 PLEHAL BLACKTOPPING INC Other Contracted Services Sewer System Maintenance 187420 798 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 187774 797 PETTY CASH Operating Supplies Environmental Education 188062 774 TIGER CORPORATION Equipment Parts Fleet Operating 187619 769 VINO SOURCE,THE Transportation Prairie Village Liquor Store 188056 764 STREICHERS Training Supplies Police 187546 750 MINNESOTA RECREATION&PARK AS Other Contracted Services Community Center Admin 187853 750 BAKER,DENISE K Other Contracted Services Summer Theatre 187855 750 BANK OF NEW YORK MELLON,THE Paying Agent $3,390,000 Facility Bond 2000 187908 750 FORS,ERICA Other Contracted Services Summer Theatre 187988 750 MILLER,AMBER Other Contracted Services Summer Theatre 187797 742 SURLY BREWING CO Beer Den Road Liquor Store 187681 741 CLAREYS INC Safety Supplies Utility Operations-General 187920 728 GRAPE BEGINNINGS Transportation Den Road Liquor Store 187760 722 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 187791 703 SHI INTERNATIONAL CORP Software IT Operating 188054 690 STORK,ALEX Other Contracted Services Environmental Education 187813 687 WATER CONSERVATION SERVICES IN OCS-Utility Locates Water System Maintenance 187498 682 HYDROLOGIC WATER MANAGEMENT Repair&Maint.Supplies Park Maintenance 187714 675 HOBART Other Contracted Services Garden Room Repairs 187585 664 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 188058 660 TAYLOR,EMILY Instructor Service Arts Center 187986 656 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 187906 656 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 187556 655 NORTH STAR PUMP SERVICE Equipment Parts Sewer Liftstation 188033 650 RAY,LEE Other Contracted Services Softball 187408 649 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000-Gen Bl Furniture 187788 642 SCAFFOLD SERVICE INC Improvements to Land Capital Impr./Maint.Fund 187643 630 DISPLAY SALES Supplies-General Building City Center Operations 188027 626 PROP United Way Withheld General Fund 187580 624 RAY,LEE Other Contracted Services Softball 187840 624 ABRAKADOODLE Instructor Service Arts Center 187603 623 SUPERIOR STRIPING INC Contract Svcs-Asphalt/Concr. Fire Station#1 187634 621 ZOELLNER,MARK Other Contracted Services Softball 187950 619 JIRIK SOD FARMS Improvement Contracts CIP Trails 187547 618 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 187991 618 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 187823 609 WORLD CLASS WINES INC Transportation Den Road Liquor Store 187790 609 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 188057 608 SURLY BREWING CO Beer Prairie Village Liquor Store 187801 600 THERMO-DYNE INC Cash Over/Short General Fund 187942 600 HOUTZ,STEPHEN J Other Contracted Services Summer Theatre 187897 599 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant 188041 596 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store 187725 581 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 187699 576 GLENROSE FLORAL AND GIFT SHOPS Deposits Escrow 187980 575 MERRY BOBB MUSIC INC Other Contracted Services Staring Lake Concert 187981 575 MERRY BOBB MUSIC INC Other Contracted Services July 4th Celebration 187804 570 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie View Liquor Store 187694 557 FAGNANT,SUSAN Instructor Service Outdoor Center 187806 553 TWIN CITY FILTER SERVICE INC Building Repair&Maint. Water Treatment Plant 187439 552 CHRISTIANSEN,MIKE Other Contracted Services Softball 187919 551 GRAINGER Operating Supplies Community Center Maintenance 187551 549 NAVIA,FANNY IRENE FERNANDEZ Miscellaneous DWI Forfeiture 187753 546 MINNETONKA,CITY OF Conference Expense IT Operating 187935 544 HENNEPIN COUNTY UT DEPT Software Maintenance IT Operating 187402 544 A TO Z RENTAL CENTER Other Rentals Park Maintenance 187800 543 THE OASIS GROUP Employee Assistance Organizational Services 187766 542 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 187697 542 GE CAPITAL Other Rentals General 187915 541 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 187475 540 GRAFIX SHOPPE Equipment Repair&Maint Fleet Operating 187690 540 EMPLOYERS ASSOCIATION INC Other Contracted Services Organizational Services 187918 540 GOVDELIVERY Software Maintenance IT Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 187735 539 KRISS PREMIUM PRODUCTS INC Supplies-HVAC City Hall-CAM 187532 524 MENARDS Grounds Maintenance Utility Operations-General 187594 520 SPIRIT APPAREL&STUFF Operating Supplies Girls on the Run 187783 520 RAY,LEE Other Contracted Services Softball 187518 516 LAB SAFETY SUPPLY INC Lab Supplies Water Treatment Plant 188069 516 UNLIMITED SUPPLIES INC Operating Supplies Traffic Signs 187718 516 HYDRO-VAC INC Other Contracted Services Sewer System Maintenance 188072 513 VERMEER,JULIE Instructor Service Arts Center 187502 510 IND SCHOOL DIST 272 Other Rentals Outdoor Center 187552 506 NEUMANN,NEAL Other Contracted Services Softball 187544 500 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 187583 500 RICHARD ALAN PRODUCTIONS Other Contracted Services Staring Lake Concert 187644 500 HENNEPIN COUNTY HOUSING,COMMU Other Contracted Services Rehab 187966 500 LAYMON,MARY Other Contracted Services Summer Theatre 187975 500 MAECK,TOM Other Contracted Services Summer Theatre 187984 500 MICHAELSON,ELIZABETH H Other Contracted Services Summer Theatre 188064 500 TOTAL ENTERTAINMENT Other Contracted Services July 4th Celebration 187814 499 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Operating 187810 497 WALL TRENDS INC Contract Svcs-General Bldg Park Shelters 187785 487 RUE,RODNEY Mileage&Parking Engineering 187529 483 MCGREGOR,RANDY Other Contracted Services Softball 187901 483 FALCK,TIMOTHY R Other Contracted Services Softball 187750 471 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie Village Liquor Store 187811 470 WALSER CHRYSLER JEEP Equipment Repair&Maint Fleet Operating 187412 460 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 187863 459 BOYER TRUCKS Equipment Parts Fleet Operating 187665 455 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 187856 450 BCA BTS Tuition Reimbursement/School Police 187680 450 CHISAGO LAKES DISTRIBUTING Beer Den Road Liquor Store 187424 448 BLOOMINGTON SECURITY SOLUTIONS Operating Supplies Park Maintenance 187432 447 CDW GOVERNMENT INC. Capital Under$10,000 Police 187491 445 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 187444 443 COURT SURFACES&REPAIR Deposits Escrow 187604 436 TESSMAN SEED CO Chemicals Park Maintenance 187844 436 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 187473 432 GE CAPITAL Other Rentals General 188044 425 SIGNAL SYSTEMS INC. Software Maintenance IT Operating 187893 414 ELIASON,STEVE J Other Contracted Services Softball 187983 414 METROPOLITAN FORD Equipment Parts Fleet Operating 187744 408 MEDICINE LAKE TOURS Operating Supplies Trips 187723 405 JELLY BEANS Instructor Service Arts&Drama Programs 187738 404 M.AMUNDSON LLP Misc Taxable Prairie View Liquor Store 187601 402 SUBURBAN CHEVROLET Equipment Repair&Maint Emergency Preparedness 187842 400 AFTER 5 Other Contracted Services Staring Lake Concert 187932 400 HAYEN,LINDA Other Contracted Services Summer Theatre 187885 391 DESAULNIERS,DAN Other Contracted Services Softball 187911 389 GENERAL GROWTH PROPERTIES LP-E Building Rental Housing and Community Service 188010 386 OUTDOOR ENVIRONMENTS INC Other Contracted Services Park Maintenance 187904 383 FISHER SCIENTIFIC Laboratory Chemicals Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit Explanation 187793 380 SNAP-ON TOOLS Small Tools Fleet Operating 187616 376 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 188068 376 UNITED WAY United Way Withheld General Fund 187533 371 METRO FIRE Repair&Maint.Supplies Fire 188074 370 VINOCOPIA Transportation Den Road Liquor Store 187525 368 MACQUEEN EQUIPMENT INC Equipment Parts Sewer System Maintenance 188065 368 TWIN CITY FILTER SERVICE INC Repair&Maint.Supplies Water Wells 187582 362 RESTORATION SYSTEMS INC Contract Svcs-Asphalt/Concr. Senior Center 188022 357 PRAIRIE OFFSET PRINTING Printing Assessing 187468 356 FIRE SAFETY USA INC Protective Clothing Fire 187611 352 UNITED STATES MECHANICAL INC Contract Svcs-Plumbing Park Shelters 187484 350 HARLEY CONSULTING&COACHING Other Contracted Services Organizational Services 187689 350 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 187960 350 KOCH,JIM Other Contracted Services Staring Lake Concert 188015 350 PETTY CASH-POLICE DEPT Other Contracted Services Police 188090 350 WRIGHT,JOHN Other Contracted Services Staring Lake Concert 187961 349 KRISS PREMIUM PRODUCTS INC Contract Svcs-HVAC City Hall-CAM 187664 346 BARNES,BELINDA A. Other Contracted Services Volleyball 188081 344 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Operating 188014 338 PAUTZ,ROGER Instructor Service Spring Skill Development 3475 338 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 187675 336 BRAUN INTERTEC CORPORATION Testing-Soil Boring Flying Cloud Dr Improvements 187843 335 AL'S COFFEE Merchandise for Resale Concessions 187460 330 EDEN PRAIRIE CHAMBER OF COMMER Advertising Special Initiatives 187415 328 BEARPATH GOLF AND COUNTRY CLUB Deposits Escrow 187716 324 HOUSTON,CHRISTOPHER W Instructor Service Ice Arena 187494 320 HERZIG,DAVID Other Contracted Services Special Initiatives 187728 320 KAEHLER,BILL Operating Supplies IT Operating 187719 319 IDEAL SERVICE INC Equipment Repair&Maint Water Wells 188047 318 SNAP-ON TOOLS Small Tools Fleet Operating 187569 313 PITNEY BOWES Postage General 187803 305 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs-Elevator Senior Center 187926 304 GS DIRECT Operating Supplies Engineering 187877 304 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 187466 302 FERRELLGAS Motor Fuels Fleet Operating 3479 300 US BANK TRUST HRA Health and Benefits 187704 300 GREYSTONE CONSTRUCTION COMPANY Equipment Repair&Maint Street Maintenance 187710 300 HARLEY CONSULTING&COACHING Other Contracted Services Community Development Admin. 187947 300 ISLES,BILL Other Contracted Services Staring Lake Concert 187995 300 MINNESOTA ZOOMOBILE Other Contracted Services Staring Lake Concert 187605 300 TEXTTRUST Other Contracted Services Communications 187879 298 CORPORATE EXPRESS Office Supplies General 187446 298 CUSTOM HEADSETS INC Capital Under$10,000 E-911 Program 188040 297 SEELYE Repair&Maint.Supplies Utility Operations-General 187405 296 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 187730 296 KEEPERS Clothing&Uniforms Fire 187487 295 HENNEPIN COUNTY UT DEPT Equipment Repair&Maint Wireless Communication 187629 293 WITT,BETH Mileage&Parking Aquatics&Fitness Admin 187589 292 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 187700 292 GRAINGER Supplies-HVAC Community Center Maintenance 188048 287 SOSNIECKI,BEN Mileage&Parking Tree Disease 187626 287 WHEELER LUMBER LLC Improvement Contracts CIP Trails 187610 286 TWIN CITY HARDWARE Supplies-Security Community Center Maintenance 187423 281 BICK GROUP Deposits Escrow 188043 277 SIEMENS WATER TECHNOLOGIES COR Equipment Parts Water Treatment Plant 188000 276 MOBILE RADIO ENGINEERING INC Capital Under$10,000 Wireless Communication 187994 271 MINNESOTA WANNER COMPANY Landscape Materials/Supp Street Maintenance 187688 265 DELEGARD TOOL CO Small Tools Fleet Operating 187784 264 RICHFIELD,CITY OF Machinery&Equipment Public Works 187663 263 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 187581 263 RELIAKOR SERVICES INC Contract Svcs-Asphalt/Concr. Den Bldg.-CAM 187847 262 AQUA ENGINEERING INC Improvement Contracts CIP Trails 187448 260 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 187645 260 HOBART Other Contracted Services Garden Room Repairs 187756 254 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 187971 253 LONESKY,JAMES G Other Contracted Services Softball 187996 250 MINNETONKA CIVIC ORCHESTRA Other Contracted Services Staring Lake Concert 188004 245 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 187964 243 LAB SAFETY SUPPLY INC Safety Supplies Utility Operations-General 188075 241 VINTAGE ONE WINES INC Transportation Den Road Liquor Store 187841 241 ACCURINT-ACCOUNT#1348824 Other Contracted Services Police 187548 237 MINNESOTA VALLEY ELECTRIC COOP Electric Traffic Signals 187523 231 LONESKY,JAMES G Other Contracted Services Softball 187596 230 ST CLOUD STATE UNIVERSITY Conference Expense City Clerk 188070 222 VALLEY NAT'L GASES-LOC 93 Equipment Parts Fleet Operating 187602 220 SUBURBAN TIRE WHOLESALE INC Tires Fleet Operating 187640 219 ASPEN WASTE SYSTEMS INC. Waste Disposal City Hall-CAM 187659 218 AMERITRAK Other Contracted Services Street Maintenance 187504 217 J H LARSON COMPANY Supplies-Electrical Arts Center 187972 217 LORENZ,JOYCE Dues&Subscriptions Communications 187469 216 FORDAHL,TAMARA Other Contracted Services Volleyball 187758 216 MUSSELL,KATELIN Other Contracted Services Volleyball 187957 210 KEEPERS Clothing&Uniforms Fire 187671 209 BLACK HILLS ANNUNITION INC Training Supplies Police 188032 209 R&R SPECIALTIES OF WISCONSIN Repair&Maint-Ice Rink Ice Arena Maintenance 187561 209 PAPCO INC Cleaning Supplies Community Center Maintenance 187587 209 SEELYE Equipment Parts Water Treatment Plant 187883 208 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance 188083 205 WICHTERMAN'S LTD Equipment Repair&Maint Fleet Operating 187852 202 BACHMANS CREDIT DEPT Grounds Maintenance Utility Operations-General 187467 202 FIETEK,CHRIS Operating Supplies Police 187434 201 CENTERPOINT ENERGY Gas Arts Center 187854 200 BALDINGER,WENDY Other Contracted Services Staring Lake Concert 187867 200 BURTIS,ROBERT J Other Contracted Services Staring Lake Concert 187404 197 AAA LAMBERTS LANDSCAPE PRODUCT Repair&Maint.Supplies Water System Maintenance 187909 196 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 187451 195 DIRECTV Cable TV Community Center Admin 3485 194 WISCONSIN DEPARTMENT OF REVENU State Taxes Withheld Health and Benefits Check# Amount Vendor/Explanation Account Description Business Unit Explanation 187845 193 ANCHOR PRINTING COMPANY Printing Police 187874 192 CITI-CARGO&STORAGE CO,INC Other Rentals Summer Theatre 187598 192 STANLEY SECURITY SOLUTIONS INC Supplies-Security Community Center Maintenance 188055 190 STRAND MANUFACTURING CO INC Equipment Repair&Maint Water Treatment Plant 187632 189 XCEL ENERGY Electric Prairie View Park 187848 189 ARMOR SECURITY INC. Other Contracted Services Outdoor Center 187873 188 CHOICE INC Other Contracted Services Prairie Village Liquor Store 187470 188 FORESTRY SUPPLIERS INC. Operating Supplies Tree Disease 3465 186 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits 188067 185 UNIFORMS UNLIMITED Clothing&Uniforms Police 187956 185 KAISER MANUFACTURING INC Contract Svcs-Ice Rink Ice Arena Maintenance 187907 183 FORDAHL,TAMARA Other Contracted Services Volleyball 188008 182 NUCO2 INC Repair&Maint.Supplies Pool Maintenance 187762 180 NEWTON,J.RANDALL Conference Expense Engineering 187441 180 COMCAST Wireless Subscription IT Operating 3490 179 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits 187539 176 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police 187653 175 WILS Dues&Subscriptions Organizational Services 188082 175 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration 187978 174 MEDTOX Employment Support Test Organizational Services 188094 174 ZIEGLER INC Equipment Parts Fleet Operating 187575 173 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 187579 172 R&R SPECIALTIES OF WISCONSIN Repair&Maint-Ice Rink Ice Arena Maintenance 187599 170 STEVE LUCAS PHOTOGRAPHY Canine Supplies Police 188007 168 NORTHWEST RESPIRATORY SERVICE EMS Supplies Fire 187650 167 PRAIRIE ELECTRIC COMPANY Contract Svcs-HVAC Fire Station#2 187457 165 DYSART,ANGELEE Accounts Receivable Community Center Admin 187771 164 PETERSON,BROOKE Accounts Receivable Community Center Admin 187521 164 LIBERTY TIRE RECYCLING-MN Waste Disposal Fleet Operating 187691 164 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Operating 187696 162 FOSTER,KATHERINE Other Contracted Services Volleyball 187461 161 ELIASON,STEVE J Other Contracted Services Softball 187693 157 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 187836 156 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 187590 154 SHI INTERNATIONAL CORP Software IT Operating 187540 153 MINNESOTA CONWAY Equipment Repair&Maint Fire 187499 151 I-STATE TRUCK CENTER Equipment Parts Fleet Operating 188039 150 SCRAP METAL PROCESSORS INC Equipment Repair&Maint Fleet Operating 187574 150 PRAIRIE LAWN AND GARDEN Landscape Materials/Supp Street Maintenance 187672 146 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security City Hall-CAM 187570 146 POKORNY COMPANY Supplies-HVAC Park Shelters 187846 145 ANDERBERG INNOVATIVE PRINT SOL Printing Police 187999 144 MN NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 187624 144 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 187731 143 KENYON,PATRICK Mileage&Parking Police 187608 143 TROPICANA CHILLED DSD Merchandise for Resale Concessions 187698 143 GINA MARIAS INC Operating Supplies Emergency Preparedness 187962 142 KRUEGER,MARK Operating Supplies Reserves 187516 140 KRAEMERS HARDWARE INC Repair&Maint-Ice Rink Ice Arena Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 187948 139 JACOBS,TRAVIS Tuition Reimbursement/School Fire 187550 138 MURRAY,JOHN Other Contracted Services Softball 187593 136 SNAP-ON TOOLS Small Tools Fleet Operating 187652 135 SIKES,JEANA Purgatory Creek Recreation Are Park Facilities 187464 134 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 187409 132 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 187519 130 LACROIX,MICHAEL Operating Supplies Classes/Programs/Events 187609 129 TWIN CITY FILTER SERVICE INC Supplies-HVAC Community Center Maintenance 188028 129 PROTECTION ONE Other Contracted Services Cummins Grill 187407 128 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Prairie View Liquor Store 187794 125 SOMEWHAT DIXIELAND BAND Other Contracted Services Senior Center Administration 187944 124 I-STATE TRUCK CENTER Equipment Repair&Maint Fleet Operating 187745 123 MENARDS Operating Supplies Park Maintenance 188077 120 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 188063 120 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road Building 187965 120 LANO EQUIPMENT INC Equipment Parts Fleet Operating 187958 118 KEVITT EXCAVATING INC Equipment Parts Fleet Operating 187541 117 MINNESOTA COUNTY ATTORNEYS ASS Printing Police 187658 117 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 187591 115 SHRED-IT Operating Supplies Police 187837 114 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 187862 114 BOURGET IMPORTS Transportation Den Road Liquor Store 187595 113 SPS COMPANIES Equipment Repair&Maint Water Treatment Plant 188037 113 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 187622 111 VWR INTERNATIONAL INC Laboratory Chemicals Water Treatment Plant 187733 111 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 187905 110 FITZPATRICK,KRISTIN Accounts Receivable Community Center Admin 187445 109 CUB FOODS EDEN PRAIRIE Operating Supplies Police 187647 108 MCCARTHY,BOB Accounts Receivable Community Center Admin 187763 106 NORCOSTCO Other Rentals Summer Theatre 188071 106 VENKATESH,ANUPAMA Sales Tax Payable General Fund 187572 103 POWELL,STEVEN Accounts Receivable Community Center Admin 187426 103 BOYER TRUCKS Equipment Parts Fleet Operating 187865 102 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Park Maintenance 187452 102 DISPLAY SALES Repair&Maint.Supplies Public Works/Parks 187406 100 ACME JAZZ COMPANY Other Contracted Services Summer Theatre 187414 100 BATES,DON Other Contracted Services Staring Lake Concert 187418 100 BEND IN THE RIVER BIG BAND Other Contracted Services Staring Lake Concert 187421 100 BESTLER,ADAM Other Contracted Services Staring Lake Concert 187584 100 RICHTER,BRIAN E. Other Contracted Services Staring Lake Concert 187586 100 RIVER CITY JAZZ ORCHESTRA Other Contracted Services Staring Lake Concert 187990 100 MINNESOTA RECREATION&PARK AS Employment Advertising Organizational Services 187515 99 KISTNER,ANNA Mileage&Parking Aquatics&Fitness Admin 187427 99 BRUENING,CHARLOTTE Grounds Maintenance Senior Board 187759 99 NAQWI,AMIR A Sales Tax Payable General Fund 187472 97 GARELIK,TATYANA Mileage&Parking IT Operating 187903 96 FERRELLGAS Motor Fuels Fleet Operating 187851 94 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 187411 93 AQUA ENGINEERING INC Repair&Maint.Supplies Park Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 187617 93 VERNOIA,FRANK Training Supplies Fire 187535 88 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 187485 87 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Operating 187638 85 ANDERSON,JOHN AR Utility Water Enterprise Fund 187755 80 MN NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 188078 80 WELLENTIN PROPERTIES Health&Fitness Fire 187711 80 HARTZELL,PAUL Operating Supplies Staring Lake Concert 187685 76 CULLIGAN BOTTLED WATER Operating Supplies Fire 187746 75 MENG,JIANCHUN Refunds Environmental Education 187740 74 MAHMUTOVIC,DZEVAD Mileage&Parking General Community Center 187560 74 OSI BATTERIES INC Office Supplies General 187508 73 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Water System Maintenance 187743 72 MASS BAR-MATE CORP Misc Taxable Den Road Liquor Store 187869 72 CAT&FIDDLE BEVERAGE Wine Imported Den Road Liquor Store 188026 72 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 187492 71 HERRIG,JEFF Tuition Reimbursement/School Fire 187592 71 SKEIE,PHILIP Tuition Reimbursement/School Fire 187555 71 NORCOSTCO Other Rentals Summer Theatre 187419 70 BENSON,JANET L Other Contracted Services Special Initiatives 187531 70 MEATH-NELSON,WENDI Other Contracted Services Special Initiatives 187739 70 MAGC Awards Communications 187465 69 FAGNANT,SUSAN Instructor Service Outdoor Center 187751 69 MINNESOTA DEPT OF HEALTH Licenses,Permits,Taxes Utility Operations-General 187757 69 MURRAY,JOHN Other Contracted Services Softball 188003 69 MURRAY,JOHN Other Contracted Services Softball 187471 64 FSH COMMUNICATIONS LLC Telephone Round Lake 187805 61 TROSSEN,EMILY Accounts Receivable Community Center Admin 187558 59 NUCO2 INC Chemicals Pool Maintenance 187882 58 CUB FOODS EDEN PRAIRIE Operating Supplies Police 187914 57 GERTENS Landscape Materials/Supp Park Maintenance 187458 54 EARL F ANDERSEN INC Signs Traffic Signs 188031 54 QWEST Telephone Sewer Liftstation 187661 53 ANDESON,NINA Accounts Receivable Community Center Admin 187770 53 PETERSON,ANN Other Contracted Services Trips 187916 51 GLENROSE FLORAL AND GIFT SHOPS Deposits Escrow 187795 51 SOUTHWEST OUTDOOR POWER Equipment Repair&Maint Park Maintenance 187684 50 CUB FOODS EDEN PRAIRIE Operating Supplies Emergency Preparedness 187430 50 BURNETTE,AMBER L Instructor Service Outdoor Center 187482 50 GUTTROMSON,GLADYS AR Utility Water Enterprise Fund 187524 48 LYNCH,MICHAEL Mileage&Parking Fire 187449 47 DEALER AUTOMOTIVE SERVICES INC Equipment Parts Fleet Operating 187764 46 NORDQUIST,SHEILA Accounts Receivable Community Center Admin 187588 46 SHAH,BHAVNA Accounts Receivable Community Center Admin 187513 45 JOHNSON,NOLAN Program Fee Outdoor Center 188005 44 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 187898 41 EXECUTIVE OCEAN Awards Internal Events 187657 41 ALTERNATIVE BUSINESS FURNITURE Supplies-General Bldg Furniture 187495 40 HICKMAN,JON Instructor Service Outdoor Center 187621 40 VOLAVKA,LYNDA Other Contracted Services Special Initiatives Check# Amount Vendor/Explanation Account Description Business Unit Explanation 187673 40 BOLD,PAULINE Instructor Service Outdoor Center 187682 40 COFFMAN,WILLIAM/CAROL Deposits Community Center Admin 187742 40 MARTINEZ,LUIS&MEGAN Deposits Community Center Admin 187900 40 FAGNANT,SUSAN Instructor Service Outdoor Center 187709 40 HAGGENMILLER LUMBER INC Building Materials Park Acquisition&Development 187878 39 CONNEY SAFETY PRODUCTS Office Supplies General 187737 35 LANO EQUIPMENT INC Equipment Parts Fleet Operating 187543 35 MINNESOTA DEPT OF HEALTH Licenses&Taxes Concessions 187838 35 ABLE DELUXE Dues&Subscriptions Senior Center Administration 187977 35 MCFOA Dues&Subscriptions City Clerk 187639 35 AQUA CITY PLUMBING AND HEATING Cash Over/Short General Fund 187899 34 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 188092 30 YAHOO! Other Contracted Services Police 188080 29 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 187778 28 POMP'S TIRE SERVICE INC Tires Fleet Operating 187505 27 JANEX INC Supplies-General Bldg Park Shelters 187807 26 UNIFORMS UNLIMITED Clothing&Uniforms Police 187712 25 HENNEPIN COUNTY TREASURER Operating Supplies Police 187936 25 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 188038 25 SCHRAMM,THOMAS J Building Permits General Fund 187422 25 BEUMER,BILL Operating Supplies Fire 187830 24 ZIRBES,PAUL&KATHRYN Accounts Receivable Community Center Admin 187520 23 LANDS END CORPORATE SALES Clothing&Uniforms Police 187656 20 ALDRITT,JACKIE Deposits Community Center Admin 187667 20 BECKER,MARY Deposits Community Center Admin 187668 20 BELL,THOMAS Deposits Community Center Admin 187686 20 DAHLKE,MEGAN Deposits Community Center Admin 187707 20 GROOS,MICHELLE Deposits Community Center Admin 187715 20 HOEBELHEINRICH,ROBERT Deposits Community Center Admin 187717 20 HUSABY,BRIGITTE Deposits Community Center Admin 187729 20 KEATING,JOSHUA Deposits Community Center Admin 187732 20 KOKAL.CRYSTAL Deposits Community Center Admin 187734 20 KRANTZ,DONALD Deposits Community Center Admin 187736 20 LAFFOND,SHANNON Deposits Community Center Admin 187768 20 PAHL,DANIEL Deposits Community Center Admin 187779 20 PROCTOR,MILDRED Deposits Community Center Admin 187782 20 QUAN,WEI Deposits Community Center Admin 187787 20 SAINI,SUMITA Deposits Community Center Admin 187792 20 SHRIKHANDE,PRASHANT Deposits Community Center Admin 187798 20 SVOBODA,AMY Deposits Community Center Admin 187799 20 SWARTOUT,MARIT Deposits Community Center Admin 187812 20 WARREN,KYLE Deposits Community Center Admin 187816 20 WINDINGLAND,KRISTA Deposits Community Center Admin 187820 20 WOESSNER,JENNIFFER Deposits Community Center Admin 187821 20 WOESSNER,MARK Deposits Community Center Admin 187824 20 WU,XIAOMING Deposits Community Center Admin 187828 20 YAUN,JIANPING Deposits Community Center Admin 187959 20 KLUTE,WENDY Facility Rentals Birthday Parties 187612 19 UPS Equipment Repair&Maint Wireless Communication Check# Amount Vendor/Explanation Account Description Business Unit Explanation 187642 19 COSTCO Miscellaneous City Council 188084 19 WIGLEY AND ASSOCIATES Software IT Operating 187438 17 CHRISTENSEN,MARGE Accounts Receivable Community Center Admin 187646 17 IVERSON,MARGARET Accounts Receivable Community Center Admin 187676 14 CARLSON,GINA Accounts Receivable Community Center Admin 187876 13 COMCAST Operating Supplies Fire 187864 12 BOYINGTON,SHIRLEY Accounts Receivable Community Center Admin 188051 11 SOUTHWEST OUTDOOR POWER Equipment Repair&Maint Park Maintenance 187474 10 GENZ RYAN PLUMBING&HEATING Cash Over/Short General Fund 187435 10 CHAFFEE,MARY Accounts Receivable Community Center Admin 187993 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 188050 6 SOUTHSIDE HEATING&AC Cash Over/Short General Fund 187702 5 GRAVES,MARIAN Accounts Receivable Community Center Admin 187695 1 FASTENAL COMPANY Equipment Parts Fleet Operating 5,627,798 Grand Total City of Eden Prairie US Bank Purchasing Cards May 20,2009 payment Amount Supplier/Explanation Account Description Business Unit 40 US-Airfare Service Fee AIRTRAN AIRWAYS Miscellaneous CIP-Bonds 189 US-Airfare-Jamie Good AIRTRAN AIRWAYS Miscellaneous CIP-Bonds 55 US-Instructor Update AMERICAN RED CROSS Licenses,Permits,Fees Pool Lessons 682 US-Volunteer Recog.Meal ANNIE'S CAFE Other Contracted Services Classes/Programs/Events 24 US-Irrigation Monitor Chrg. AT&T MOBILITY Telephone Park Maintenance 100 US-Train.Stroener/VanSick. ATOM Tuition Reimbursement/School Police 100 US-Training-Chris Wood ATOM Tuition Reimbursement/School Police 11 US-Staff Training Equip. AUTISM RESOURCE NETWORK Operating Supplies Youth Programs Administration 47 US-Potted Tree-Arbor day BACHMANS CREDIT DEPT Building Materials Tree Disease 47 US-Potted Tree-Arbor day BACHMANS CREDIT DEPT Building Materials Tree Disease 102 US-Potted Tree-Arbor day BACHMANS CREDIT DEPT Building Materials Tree Disease 428 US-2 Employee Recog.Gifts BEST BUY Operating Supplies Internal Events 286 US-2 Employee Recog.Gifts BEST BUY Operating Supplies Internal Events 160 US-Ipod for EPCC BEST BUY Operating Supplies Community Center Admin 514 US-EnmployeeRecog Lunch BIAGGI'S RISTORANTE ITALIANO Operating Supplies Internal Events 1,320 US-Wine Tasting Event BIAGGI'S RISTORANTE ITALIANO Other Contracted Services Wine Club 21 US-Team Training Treats CARIBOU COFFEE Training Supplies Community Center Admin 336 US-Food for Café CLOVER SUPER FOODS Merchandise for Resale Concessions 145 US-Collaborative Meeting COLLABORATIVE,THE Miscellaneous City Manager 23 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 17 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 45 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 23 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 1,180 US-Wine Tasting Event CRUMB GOURMET DELI Other Contracted Services Wine Club 49 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 98 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 50 US-GOTR Gift Cards CUB FOODS EDEN PRAIRIE Operating Supplies Girls on the Run 14 US-Volunteer Recog.Suppl. CUB FOODS EDEN PRAIRIE Operating Supplies Classes/Programs/Events 280 US-Council Workshop Food D BRIAN'S DELI&CATERING Miscellaneous City Council 29 US-Funeral Detail-C.Siebert D J'S Operating Supplies Fire 42 US-Surviving Lay-off Book DAHLSTROM+COMPANY Training Supplies Organizational Services 199 US-IrrigationSem.Scott Cole DAKOTA COUNTY TECHNICAL COLLEG Conference Expense Park Maintenance 199 US-Seminar-P.Hammerlind DAKOTA COUNTY TECHNICAL COLLEG Conference Expense Park Maintenance 75 US-Vehicle InspectorCourse DAKOTA COUNTY TECHNICAL COLLEG Licenses&Taxes Fleet Operating 20 US-Boiler License-Horgan DEPARTMENT OF LABOR AND INDUST Licenses&Taxes Water Treatment Plant 20 US-Boiler License-Schultz DEPARTMENT OF LABOR AND INDUST Licenses&Taxes Water Treatment Plant 1,279 US-Mar.'09 Bldg Surcharge DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 225 US-Mar.'09 Bldg Surcharge DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 59 US-Mar.'09 Bldg Surcharge DEPT OF LABOR&INDUSTRY Building Surcharge General Fund -31 US-Mar.'09 Bldg Surcharge DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 683 US-Arts Center DISCOUNT SCHOOL SUPPLY Operating Supplies Arts Center 842 US-Youth Programs DISCOUNT SCHOOL SUPPLY Recreation Supplies Youth Programs Administration 17 US-Volunteer Recog.Suppl. DOLLAR TREE STORES,INC. Operating Supplies Classes/Programs/Events 10 US-Volunteer Recog.Suppl. DOLLAR TREE STORES,INC. Operating Supplies Classes/Programs/Events 210 US-Beverages-LEEP Acad. EDEN PRAIRIE COMMUNITY CENTER Training Supplies Organizational Services 250 US-History Theatre Trip FABULOUS FERN'S Other Contracted Services Classes/Programs/Events 6 US-Amphitheater Makeover FASTENAL COMPANY Building Materials Park Acquisition&Development 626 US-Training-AndrewRohde FOUR POINTS BY SHERATON Tuition Reimbursement/School Police 63 US-Stairmaster Parts-St.#3 FRP Health&Fitness Fire 127 US-Yoga Class Bands GAIAM Operating Supplies Fitness Center 174 US-1 Employee Recog.Gift GANDER MOUNTAIN Operating Supplies Internal Events 41 US-WaterMainBreak-Dinner GINA MARIAS INC Repair&Maint.Supplies Water System Maintenance 189 US-Game Show Staff Train. G-NEIL Recreation Supplies Youth Programs Administration 65 US-Internet Training-Wilson GOVERNMENT FINANCE OFFICERS AS Conference Expense Finance 13 US-APA Conference Park. HILTON HOTELS Mileage&Parking Community Development Admin. 3 US-Cream for Café HOLIDAY STATION STORES INC Merchandise for Resale Concessions 20 US-Amphitheater Makeover HOME DEPOT CREDIT SERVICES Building Materials Park Acquisition&Development 35 US-Bags-Roadside Cleanup HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 48 US-Grabbers for Mowers HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 43 US-Grabbies-Road Cleanup HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 43 US-Round Lk Baseb.Supp. HOME DEPOT CREDIT SERVICES Building Repair&Maint. Park Maintenance 53 US-Round Lk Baseb.Supp. HOME DEPOT CREDIT SERVICES Building Repair&Maint. Park Maintenance 81 US-Safety Glasses HOME DEPOT CREDIT SERVICES Operating Supplies Ice Arena 21 US-Trash Pickers for Crew HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 500 US-Training-Chris Wood HTCIA Tuition Reimbursement/School Police 345 US-Association Membership IEDC Other Contracted Services Economic Development 12 US-Printer Ribbon INK JET SUPERSTORE.COM Office Supplies Fire 35 US-Art Supplies J.RING GLASS STUDIO Operating Supplies Arts Center 309 US-Training-Jim Morrow KAHLER GRAND HOTEL,THE Miscellaneous CIP-Bonds 309 US-Training-Tracy Luke KAHLER GRAND HOTEL,THE Miscellaneous CIP-Bonds Amount Supplier/Explanation Account Description Business Unit 102 US-Continuing Education KAPLAN PROFESSIONAL SCHOOLS Other Contracted Services Economic Development 51 US-Continuing Education KAPLAN PROFESSIONAL SCHOOLS Other Contracted Services Economic Development 116 US-Lungs for Manikens KIEFER SPORTS GROUP Operating Supplies Pool Lessons 32 US-LEEP Academy Food KOWALSKI'S MARKET Training Supplies Organizational Services 62 US-Training Supplies LAW ENFORCMENT TARGETS INC Training Supplies Police 48 US-Training Materials LEARNING RESOURCES NETWORK Operating Supplies Youth Programs Administration 159 US-Sat.Night Out Program LYRIC ARTS MAIN STREET Special Event Fees Teen Programs 10 US-Sat.Night Out Program LYRIC ARTS MAIN STREET Special Event Fees Teen Programs 58 US-Training-Jamie Good MEARS TRANSPORTATION Miscellaneous CIP-Bonds 192 US-1 Employee Recog.Gift MENARDS Operating Supplies Internal Events 262 US-Amphitheater Makeover MENARDS Landscape Materials/Supp Park Acquisition&Development 22 US-Amphitheater Makeover MENARDS Building Materials Park Acquisition&Development 185 US-Amphitheater Makeover MENARDS Building Materials Park Acquisition&Development 23 US-Amphitheater Makeover MENARDS Building Materials Park Acquisition&Development 2 US-Amphitheater Makeover MENARDS Building Materials Park Acquisition&Development 82 US-Amphitheater Makeover MENARDS Building Materials Park Acquisition&Development 31 US-Amphitheater Makeover MENARDS Building Materials Park Acquisition&Development 75 US-Amphitheater Makeover MENARDS Building Materials Park Acquisition&Development 231 US-Amphitheater Makeover MENARDS Building Materials Park Acquisition&Development 56 US-Batteries MENARDS Repair&Maint.Supplies Water System Maintenance 81 US-Catch Basins MENARDS Repair&Maint.Supplies Infiltration/Inflow Study 60 US-Concrete Crew Supplies MENARDS Asphalt Overlay Street Maintenance 71 US-Concrete Crew Supplies MENARDS Operating Supplies Street Maintenance 17 US-Drain Tile Parts MENARDS Landscape Materials/Supp Park Maintenance 145 US-Forming Materials MENARDS Building Materials Street Maintenance 10 US-Helmet Restoration MENARDS Equipment Parts Fleet Operating 7 US-Hose Reel-Water Truck MENARDS Equipment Repair&Maint Park Maintenance 28 US-Irrigation supplies MENARDS Repair&Maint.Supplies Park Maintenance 18 US-Irrigation Supplies MENARDS Repair&Maint.Supplies Park Maintenance 7 US-Marina Keys/SideCutter MENARDS Building Repair&Maint. Round Lake 51 US-Miller Irrigation Supplies MENARDS Operating Supplies Park Maintenance 61 US-Miller Park Light Repair MENARDS Repair&Maint.Supplies Park Maintenance 11 US-Purgatory Hose Repair MENARDS Operating Supplies Park Maintenance 56 US-PurgatoryDrainTile/Wire MENARDS Landscape Materials/Supp Park Maintenance -9 US-Return Supplies MENARDS Repair&Maint.Supplies Park Maintenance -37 US-Return Supplies MENARDS Operating Supplies Park Maintenance 180 US-Storm Sewer Supplies MENARDS Repair&Maint.Supplies Storm Drainage 29 US-Supplies for Sawing MENARDS Operating Supplies Street Maintenance -55 US-Supplies Refund MENARDS Building Materials Park Acquisition&Development -1 US-Supplies Refund MENARDS Building Materials Park Acquisition&Development 53 US-Tapes for Gardens MENARDS Operating Supplies Park Maintenance 8 US-Arts Program Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Youth Programs Administration 77 US-Birthday Party Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties 38 US-B-Party Bird House MICHAELS-THE ARTS&CRAFTS S Operating Supplies Day Care 21 US-Frame-Fitness Poster MICHAELS-THE ARTS&CRAFTS S Operating Supplies Fitness Center 19 US-Play Care Paint MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties 47 US-Lunch N Learn MILIO'S SANDWICHES Other Contracted Services Classes/Programs/Events 10 US-Election Meeting MINNESOTA STATE BAR ASSOCIATIO Conference Expense City Clerk 80 US-NCTR Recertification NCTRC Licenses&Taxes Organizational Services 1,601 US-Pizza Oven NEXT DAY GOURMET Capital under$10,000 Concessions 95 US-Airfare-William Kaehler NORTHWEST AIRLINES Miscellaneous CIP-Bonds 95 US-Airfare-William Kaehler NORTHWEST AIRLINES Miscellaneous CIP-Bonds 24 US-Liq.StorePoster Holders OFFICE DEPOT CREDIT PLAN Operating Supplies Prairie Village Liquor Store 145 US-LEEP Frames for Certif. OFFICEMAX CREDIT PLAN Training Supplies Organizational Services -9 US-Return Frame OFFICEMAX CREDIT PLAN Training Supplies Organizational Services 123 US-Supplies for LEEP OFFICEMAX CREDIT PLAN Training Supplies Organizational Services 225 US-Birthday Party Supplies ORIENTAL TRADING Operating Supplies Birthday Parties 6 US-Birthday Party Supplies PARTY CITY Operating Supplies Birthday Parties 14 US-Play Care Supplies PARTY CITY Operating Supplies Day Care 40 US--E-permit Security PAYPAL INC Canine Supplies Police 375 US-Purchase to be Refund. PAYPAL INC Operating Supplies Arts Center 651 US-Software for Police PAYPAL INC Software Maintenance IT Operating 35 US-Summer Theatre Ad PAYPAL INC Advertising Summer Theatre 40 US-UB Online Processing PAYPAL INC Bank and Service Charges Utility Operations-General 40 US-UB Reccur.Credit Cards PAYPAL INC Bank and Service Charges Utility Operations-General 209 US-Seminar-Tonya Bittner POWERPHONE INC Tuition Reimbursement/School Police 27 US-Employee Recog.Treats RAINBOW FOODS INC. Operating Supplies Internal Events 95 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 124 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 209 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 116 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 72 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 83 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 1 US-Senior Center Movie REDBOX DVD Operating Supplies Classes/Programs/Events Amount Supplier/Explanation Account Description Business Unit 354 US-Golf Equipment S&S WORLDWIDE Recreation Supplies Summer Skill Development 40 US-Recertific.Fee-Diethelm SAFE KIDS WORLDWIDE Tuition Reimbursement/School Police 1,150 US-Peter Pan Musical SAMUEL FRENCH INC Other Contracted Services Summer Theatre 99 US-Peter Pan Musical SAMUEL FRENCH INC Other Contracted Services Summer Theatre 786 US-Archery Equpment SPORTS SUPPLY GROUP INC. Recreation Supplies Summer Skill Development 15 US-Lunch at Seminar SUBWAY Conference Expense Park Maintenance 120 US-Uniform Item TACTICAL COMMAND INDUSTRIES Clothing&Uniforms Police 68 US-Heart Rate Monitor TARGET Operating Supplies Fitness Center 5 US-Parent Info Meeting TARGET Operating Supplies Therapeutic Rec Administration 23 US-Poster for FitnessClass TARGET Operating Supplies Fitness Center 45 US-DVD Player TARGET CENTER Office Supplies Utility Operations-General 9 US-MnFAC Meeting TAVERN ON GRAND Operating Supplies Fire 100 US-Training-Khadra Hirsi THE INTERNATIONAL INSTITUTEOF Conference Expense Housing and Community Service 9 US-Blog TIGER TECHNOLOGIES Software IT Operating 25 US-Glue Dots-Image Piece ULINE Office Supplies Communications 35 US-Ash Borer Workshop UNIVERSITY OF MINNESOTA Conference Expense Tree Disease 21 US-Return Music Material UPS STORE,THE Postage Summer Theatre 36 US-21"Mower Parts VALLEY LAWN AND SPORT Equipment Repair&Maint Park Maintenance 34 US-Afternoon w/Bunny Sup. WALGREEN'S#5080 Operating Supplies Special Events(CC) 15 US-Event Supplies WALGREEN'S#5080 Operating Supplies Special Events(CC) 6 US-Volunteer Recog.Suppl. WALGREEN'S#5080 Operating Supplies Senior Center Administration 14 US-Volunteer Recog.Suppl. WALMART COMMUNITY Operating Supplies Classes/Programs/Events 59 US-Tennis Equipment WILSON SPORTING GOODS Recreation Supplies Tennis 60 US-Tennis Equipment WILSON SPORTING GOODS Recreation Supplies Tennis 326 US-Tennis Equipment WILSON SPORTING GOODS Recreation Supplies Tennis 312 US-Sunset Blind Tours WINGS OF THE PLATTE Program Trips Outdoor Center 23 US-Cable for Mobile Teleph. WIRESTER.COM Miscellaneous IT Operating 2 US-Stadium Opening Photo WOLF CAMERA Operating Supplies Recreation Administration 24,619 Grand Total City of Eden Prairie Purchasing Card Payment 06/20/2009 Payment Amount Explanation Vendor Account Description Business Unit 36 US-Tools MENARDS Small Tools Sewer System Maintenance 43 US-ERU Lunch N'Learn ERBERT&GERBERT'S Operating Supplies Classes/Programs/Events 112 US-K-9 Lunch N'Learn KOWALSKI'S MARKET Operating Supplies Senior Center Administration 104 US-K-9 Lunch N'Learn KOWALSKI'S MARKET Operating Supplies Classes/Programs/Events 9 US-Progressive Dinner WALMART COMMUNITY Operating Supplies Classes/Programs/Events 5 US-Progressive Dinner DOLLAR TREE STORES,INC. Operating Supplies Senior Center Administration 9 US-Progressive Dinner DOLLAR TREE STORES,INC. Operating Supplies Classes/Programs/Events 84 US-Police&Fire Workshop KOWALSKI'S MARKET Operating Supplies Classes/Programs/Events 348 US-Progressive Dinner ANNIE'S CAFE Other Contracted Services Classes/Programs/Events 42 US-Cake for Art Ctr.G.O. RAINBOW FOODS INC. Special Event Fees Arts Center 48 US-Saw Blades MENARDS Small Tools Park Maintenance 391 US-Catch Basins MENARDS Repair&Maint.Supplies Infiltration/Inflow Study 180 US-Digital Cameras BEST BUY Small Tools Fleet Operating 120 US-Lodging Water School GRAND ELY LODGE Travel Expense Utility Operations-General 30 US-Food-Water School(2) GRAND ELY LODGE Travel Expense Utility Operations-General 21 US-Food-Water School(2) GRAND ELY LODGE Travel Expense Utility Operations-General 241 US-Lodging Water School GRAND ELY LODGE Travel Expense Utility Operations-General 14 US-MNFAC Meeting TAVERN ON GRAND Operating Supplies Fire 20 US-Food-RedLkSafetyCamp COUNTRYSIDE RESTAURANT Operating Supplies Fire 54 US-Fuel-RedLkSafetyCamp SUPERAMERICA Conference Expense Fire 40 US-Fuel-RedLkSafetyCamp SHELL Conference Expense Fire 26 US-Food-RedLk SafetyCmp A PINE RESTAURANT Operating Supplies Fire 35 US-Food-RedLk SafetyCmp KEITH'S KETTLE Operating Supplies Fire 46 US-Fuel-RedLkSafetyCamp CENEX CONVENIENCE STORE Mileage&Parking Fire 60 US-Fuel-RedLkSafetyCamp COBORNS Conference Expense Fire 32 US-Trailer Safety Equip. NORTHERN TOOL&EQUIPMENT Safety Supplies Fire 69 US-Sr Ctr Dinner Supplies PARTY CITY Operating Supplies Fire 197 US-Sr Ctr Din.Bread/Butter BUCA Operating Supplies Fire 11 US-Sr Ctr Progressive Din. KOWALSKPS MARKET Operating Supplies Fire 134 US-Burn Line Fire Training PANERA BREAD Operating Supplies Fire 55 US-Senior Center Irrigation MENARDS Repair&Maint.Supplies Park Maintenance 17 US-Irrigation Supplies MENARDS Repair&Maint.Supplies Park Maintenance 2 US-Round Lake Irrigation MENARDS Repair&Maint.Supplies Park Maintenance 62 US-Irrigation Clock Batteries MENARDS Operating Supplies Park Maintenance 5 US-Mistake HOLIDAY STATION STORES INC Deposits Escrow -5 US-Credit Mistake HOLIDAY STATION STORES INC Deposits Escrow 22 US-Purgator Fountain Supp MENARDS Repair&Maint.Supplies Park Maintenance 51 US-Shelter&Irrigation Supp MENARDS Operating Supplies Park Maintenance 7 US-Supplies NAPA AUTO PARTS Small Tools Water Treatment Plant 15 US-Press Safety Wire ELLIOTT AVIATION Equipment Parts Water Treatment Plant 86 US-Irrigation System Parts HOME DEPOT CREDIT SERVICES Grounds Maintenance Utility Operations-General 40 US-Special Event Supplies MENARDS Operating Supplies Park Maintenance 21 US-Retaining Wall-Staring MENARDS Landscape Materials/Supp Park Maintenance 21 US-Pavers at Miller MENARDS Landscape Materials/Supp Park Maintenance 38 US-Unplugged Conference SENSIBLE LAND USE COALITION Conference Expense Housing and Community Service 200 US-EDAM Summer Conf. EDAM Conference Expense Community Development Admin. 38 US-Conf.Molly Koivumaki SENSIBLE LAND USE COALITION Conference Expense Community Development Admin. 57 US-Labor/Parts-RelineShoe BRAKE&EQUIPMENT WAREHOUSE IN Equipment Parts Fleet Operating 20 US-AmphitheaterDeckSupp KRAEMERS HARDWARE INC Building Materials Park Acquisition&Development 48 US-AmphitheaterDeckSupp MENARDS Building Materials Park Acquisition&Development 82 US-AmphitheaterDeckSupp MENARDS Building Materials Park Acquisition&Development 13 US-Building Supplies MENARDS Building Materials Park Maintenance -43 US-Return Credit MENARDS Building Materials Park Acquisition&Development 129 US-Paint for Amphitheater SHERWIN WILLIAMS CO Building Materials Park Acquisition&Development 48 US-Shop Supplies MENARDS Operating Supplies Park Maintenance 96 US-Grass Seed TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 151 US-Amphitheater Building MENARDS Building Materials Park Acquisition&Development 275 US-Conf.-Wayne Estenson MINNESOTA SAFETY COUNCIL Conference Expense Human Resources 3,026 US-April'09 Bldg Surcharge DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 378 US-April'09 Bldg Surcharge DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 76 US-April'09 Bldg Surcharge DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -70 US-April'09 Bldg Surcharge DEPT OF LABOR&INDUSTRY Other Revenue General Fund 40 US-UB Online Processing PAYPAL INC Bank and Service Charges Utility Operations-General 40 US-UB-Recur.Credit Cards PAYPAL INC Bank and Service Charges Utility Operations-General 505 US-CAFR Application GOVERNMENT FINANCE OFFICERS AS Awards Finance 13 US-Food for Café CVS PHARMACY Merchandise for Resale Concessions 39 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 5 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 113 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 32 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 15 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 12 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions Amount Explanation Vendor Account Description Business Unit 87 US-Café Utensils NEXT DAY GOURMET Operating Supplies Concessions 138 US-Café Utensils NEXT DAY GOURMET Operating Supplies Concessions 118 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 110 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 12 US-Food for Café KOWALSKPS MARKET Merchandise for Resale Concessions 21 US-Food at Water School GRAND ELY LODGE Travel Expense Utility Operations-General 229 US-Business Publication FINANCE AND COMMERCE Other Contracted Services Economic Development 153 US-Mpl/St.Paul Bus.Joumal BIZ BOOKS INC Dues&Subscriptions Economic Development 340 US-Savy Award Entries PAYPAL INC Awards Communications 64 US-BAC Meeting-3 people AXELS Miscellaneous City Council 50 US-RecogLunch-J.Ramstad AMERICAN CANCER SOCIETY Miscellaneous City Council 32 US-Mtg with Debra Fields BIAGGI'S RISTORANTE ITALIANO Miscellaneous City Manager 103 US-Council Workshop Food D BRIAN'S DELI&CATERING Miscellaneous City Council 30 US-Airport Data Mtg-(3) BAKERS'RIBS Miscellaneous City Manager 8 US-Blog TIGER TECHNOLOGIES Software IT Operating 178 US-10 Brochure Boxes PLASTIC PRODUCTS MFG. Operating Supplies Staring Lake Concert 3 US-Ant Killer HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 52 US-Dinner-Water School(2) GRAND ELY LODGE Tuition Reimbursement/School Utility Operations-General 23 US-Breakf-Water School(2) GRAND ELY LODGE Tuition Reimbursement/School Utility Operations-General 22 US-Breakf-Water School(2) GRAND ELY LODGE Tuition Reimbursement/School Utility Operations-General 17 US-Lunch-Water School(2) GRAND ELY LODGE Tuition Reimbursement/School Utility Operations-General 13 US-Dinner-Water School(2) GRAND ELY LODGE Tuition Reimbursement/School Utility Operations-General 361 US-WaterSchool Motel(2) GRAND ELY LODGE Tuition Reimbursement/School Utility Operations-General 306 US-Gloves GEMPLER'S Operating Supplies Utility Operations-General 31 US-Hand Sanitizer Bottles GEMPLER'S Operating Supplies Utility Operations-General 175 US-Election Tech.Confer. UNIVERSITY OF MINNESOTA Conference Expense City Clerk 43 US-Tie-down Straps NORTHERN TOOL&EQUIPMENT Operating Supplies Park Maintenance 18 US-Purgatory Fertilizer MENARDS Chemicals Park Maintenance 74 US-Shoe Covers ALIMED,INC Operating Supplies Reserves 245 US-Booking Garments DANLEE MEDICAL PRODUCTS,INC Operating Supplies Police 51 US-Booking Garments SHOE CORP OF BIRMINGHAM,INC Operating Supplies Police 537 US-4 Cameras Squad Kits BEST BUY Capital Under$2,000 E-911 Program 1,618 US-12 Cameras Squad Kits BEST BUY Capital Under$2,000 Police 93 US-Funeral Flowers-Reimb. BACHMANS CREDIT DEPT Operating Supplies Police 60 US-Work Order Supplies CONTECH CONSTRUCTION PRODUCTS Equipment Parts Storm Drainage 50 US-G.O Live Well Basket MICHAELS-THE ARTS&CRAFTS S Operating Supplies Recreation Administration 3 US-G.O.Art Ctr Supplies DOLLAR TREE STORES,INC. Recreation Supplies Arts Center 59 US-G.O.Art Ctr Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Recreation Administration 480 US-Firebox-Kiln&shipping DELPHI Recreation Supplies Arts Center 92 US-Printerink&Sign Holder OFFICEMAX CREDIT PLAN Operating Supplies Arts Center 52 US-Play Care Supplies WALMART COMMUNITY Operating Supplies Day Care 40 US-Birthday Party Supplies WALMART COMMUNITY Operating Supplies Birthday Parties -9 US-Retum Credit WALMART COMMUNITY Operating Supplies Birthday Parties 21 US-Play Care Supplies WALMART COMMUNITY Operating Supplies Day Care 44 US-Play Care Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Day Care 59 US-Art Ctr G.O.Supplies PARTY CITY Operating Supplies Arts Center 60 US-Birthday Party Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties 64 US-Hair Dryers-Locker Rms WALMART COMMUNITY Operating Supplies Community Center Admin 63 US-Birthday Party Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties 153 US-Seal Coat-StaringTrail MENARDS Operating Supplies Park Maintenance 13 US-Paint-Ballfield Bases MENARDS Operating Supplies Park Maintenance 18 US-Community Ctr.Switch GARDNER,INC Repair&Maint.Supplies Community Center Maintenance 712 US-CustomFraming Artwork MICHAELS-THE ARTS&CRAFTS S Training Supplies Utility Operations-General 15 US-Contractors Lunch Mtg COSI Other Contracted Services Utility Improvement Fund 206 US-Office Supplies for Files OFFICEMAX CREDIT PLAN Office Supplies Utility Operations-General 13 US-Vehicle Kit-SafetyGear SEARS EDEN PRAIRIE Operating Supplies Utility Operations-General 109 US-Golf Supplies FLAGHOUSE Recreation Supplies Summer Skill Development 94 US-E-Z Dri Water Remover FLAGHOUSE Recreation Supplies Summer Skill Development 120 US-Tennis Workshop EDINA,CITY OF Operating Supplies Tennis 44 US-Tennis Player Registra. USIA Operating Supplies Tennis 131 US-Tennis Player Registra. USIA Operating Supplies Tennis 58 US-Tennis Player Registra. USIA Operating Supplies Tennis 29 US-Tennis Player Registra. USIA Operating Supplies Tennis 10 US-BarnDance Concessions RAINBOW FOODS INC. Operating Supplies Riley-Jacques Barn 8 US-BarnDance Concessions RAINBOW FOODS INC. Operating Supplies Riley-Jacques Barn 11 US-Walking Camp Food KOWALSKI'S MARKET Operating Supplies Leisure Education 15 US-Adminstrative Supplies TARGET Operating Supplies Therapeutic Rec Administration 361 US-Bands&Dumbbels POWER SYSTEMS Operating Supplies Fitness Classes 5 US-GOTR Snacks KOWALSKI'S MARKET Operating Supplies Girls on the Run 98 US-Race Supplies WALMART COMMUNITY Operating Supplies Girls on the Run 96 US-Coffee for Spring Race STARBUCKS COFFEE Operating Supplies Girls on the Run 2 US-Batteries for SoundSyst. WALMART COMMUNITY Operating Supplies Girls on the Run 119 US-Relay Supplies TARGET Operating Supplies Riley Lake Beach 13 US-Office Supplies WALMART COMMUNITY Operating Supplies Oak Point Lessons 600 US-Swimware ADOLPH KIEFER&ASSOCIATES Clothing&Uniforms Riley Lake Beach 959 US-Swimware ADOLPH KIEFER&ASSOCIATES Clothing&Uniforms Pool Operations Amount Explanation Vendor Account Description Business Unit 55 US-Office Supplies OFFICEMAX CREDIT PLAN Operating Supplies Aquatics&Fitness Admin 37 US-Sign Holders OFFICE DEPOT CREDIT PLAN Operating Supplies Oak Point Lessons 31 US-Clipboards for Lessons WALMART COMMUNITY Operating Supplies Oak Point Lessons 425 US-CrimeTrain.E.LeBlanc MINNESOTA STATE UNIVERSITY Tuition Reimbursement/School Police 235 US-NewWorld Train-J.Good MARRIOTT HOTELS Other Assets CIP-Bonds 725 US-ATOM Train-P.Kenyon ATOM Tuition Reimbursement/School Police 350 US-LawEnf.Train-D.Becker ATOM Tuition Reimbursement/School Police 400 US-LawEnf.Train-D.Peterson ATOM Tuition Reimbursement/School Police 440 US-Airfare-Train-C.Millard NORTHWEST AIRLINES Tuition Reimbursement/School Police 20 US-Airfare Service Fees NORTHWEST AIRLINES Tuition Reimbursement/School Police 40 US-E-Permit Web Security PAYPAL INC Equipment Repair&Maint IT Operating 53 US-Prairie Center Leak AAA LAMBERTS LANDSCAPE PRODUCT Repair&Maint.Supplies Water System Maintenance 125 US-Prairie Center Leak AAA LAMBERTS LANDSCAPE PRODUCT Repair&Maint.Supplies Water System Maintenance 23,933 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Petitions and Requests July 21, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XII.A. Jay Lotthammer, Director, Request for Additional Grave Marker at Parks and Recreation Pleasant Hill Cemetery Motion Move to: Approve the request by Ms. Judy Clark and Mr. Bruce Clark as an exception to current rules to allow a second maker to be placed on the gravesite occupied by Thomas and Pansy Clark and their grandson Thomas Clark. OR Move to: Move to deny the request by Ms. Judy Clark and Mr. Bruce Clark to allow a second maker to be placed on the gravesite occupied by Thomas and Pansy Clark and their grandson Thomas Clark. Synopsis City staff has received a request from Ms. Judy Clark and Mr. Bruce Clark to add a second marker to a gravesite occupied by Thomas and Pansy Clark and the cremated remains of Thomas and Pansy's grandson Thomas Clark. Currently, the gravesite has a marker that takes up the allotted space allowed by cemetery rules. An additional marker has been made for Thomas Clark and it is their request that the marker be placed on the grave. The current regulations allow only one marker per site. Background The City Council is the authority for modifying or making exceptions to the cemetery rules. The current rules and regulations were recently reviewed by the Cemetery Task Force and reviewed with the City Council. These types of requests have been brought forward in the past, but on an infrequent basis. Attachments Letters of Request Diagram of Proposed Additional Marker Photo of Current Marker Pleasant Hill Cemetery Rules and Regulations Judy Clark 1247 So. Landmark Trail Hopkins, MN 55343 June 29, 2009 Jay Lotthammer Director of Parks City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mr. Lotthammer, I am requesting permission to place an additional permanent marker on the grave site of Thomas Clark and Pansy Clark at Pleasant Hills Cemetery. The marker is for their grandson Thomas R.Clark who passed away on 3/02/09. Thomas Clark was cremated and his remains were buried with his grandparents as a final request by Tom through his family and approved by Wes Dunsmore. The marker was purchased through Twin City Monuments. It is a smaller version of his grandparent's marker.The dimensions are 20"X 10" and 4"thick.There is a 4"cement border around the marker for placement and maintenance making the total dimensions 28"X 18". The cost of the marker including installation was$468.17. Thomas and Pansy Clark were pioneers of Eden Prairie and Tom's earliest childhood memories were of time spent with his grandfather on the farm. Tom grew up and later opened and operated a successful Auto Body business in Eden Prairie. It meant a lot to him to know his final resting place would be with his grandparents in Eden Prairie_ Tom and I have two daughters ages 18 and 21.Tom's year long battle with pancreatic cancer was very painful for them and they are just beginning the grieving process. When I visited the grave site a week after the funeral,there was only a small dirt mound and some wilted flowers that remained. I found it very sad, and I placed a temporary marker and flowers on the site before his daughters visited. I then contacted Twin City Monument and along with Tom's sister and brother-in-law,ordered a permanent marker for Tom. With the coming of several significant events, Memorial Day, Fathers Day and Tom's birthday, I was hoping to have the marker installed by then. The grave marker was completed and we were waiting for Wes Dunsmore to mark the location for placement. I was very shocked when I received a call from Kathy at Twin City Monument stating that the City of Eden Prairie would not allow placement of the marker. Upon ordering the marker, I was not aware of any policies that would not allow a professionally installed marker to identify a grave site. I am aware that cemeteries may have different policies and specifications on what can be placed at the grave site(planters,wind-chimes personal effects,etc)But, it never occurred to me that you would be allowed to bury someone but not have a means to identify them. This seems very disrespectful to the deceased and insensitive to the family members. Although I believe that Tom's spirit and essence is not at Pleasant Hills and that he lives on in our hearts and memories, I also believe that a cemetery or final resting place is a symbolic and sacred place to honor, remember and pay respects to a loved one. On behalf of Tom's daughters,family and friends, I am respectfully requesting permission to place a permanent marker for Tom Clark in addition to the current marker for his grandparents Thomas and Pansy Clark. I can be reached at 952/933-7317 (home)or 952/452-4120(cell) Thank you in advance for your compassion,sensitivity and consideration of this request. Sincerely, &O`ki\f2 Judy Clark cc: Wes Dunsmore Eden Prairie City Counsel Family of Tom Clark =) D e , Taz IINC July 8 ,2009 Jay Lotthammer Parks and Recreation Department City of Eden Prairie 8080 Mitchell Road Eden Prairie , MN 55344 Enclosed is a copy of Pleasant Hill Cemetery Lot 72 occupied by the Thomas R. and Pansey Page Clark family. Grave sites 1, 2 , 4 , 5 and 8 have headstones as indicated by solid red lines on' the copy. Grave site I also has the proposed headstone location for grandson Tom. Site 2 could also be used ,as , indicated by the red dash lines , to present the most uniform arrangement for sites 1 and 2 if an additional grave should be placed with Pansey in the future . As of this date June Clark has expressed her desire to be placed next to her husband John Clark in site 4 , since she intends to be cremated. Sites 5 and 8 could also be configured in the same manner as 4 since they already have headstones as indicated in red . With the exception of sites 1 and 2 , the above proposed arrangement would accomodate all headstones to be placed "in line" with one another. This proposal may even meet existing guidelines for sites 3 through 8 as I unserstand them. During the short 1leriod of time I negotiated with Wes Dunsmore about the placement of Tom' s grave the issue of existing headstones was never raised — I 'm sure this was an oversightand it needs correction. Shortly before he died, Tom asked me if he could be buried next to his grandfather and I assured him that would be done . We would hope that whatever action is required by the city , this situation can be resolved so that the same issues will not have to be delt with in the future . Thank you very much for your assistance in this matter . Sincerely , 4/1 race Clark 4629 Browndale Avenue Edina, MN 55424 952 927 6388 651 645 0702 1457 MARSHALL AVE.1 ST,PAUL,MN 55104 (651)645-0702/800-328-5193/FAX(651)645-7754 1 96" ► • 1 42" ► 20" Current Marker 28" ► l' Proposed 18" Additional Marker 96" • Diagram Scale: 12"=1" ! j a, \• \ •k \` y:c �i!`'ia 1r1 i!`a�; � ¢a,,, ' ,l' �r'Jlr9 ���t t�, �'• �J. ::::::::::,(::41., ' / '\'`r ,1„. ,in.' \t r 'f .•-. r 'i. 1.' ,/• .y ;'R:•r Y Y�i , �Nk6 � ` _„ )- '�� . +� ;.N�1 • e9JI • 1 •-� .! _•, _.-, i�'•- � �',. ' y.'- .•'2 s."�'. ' r'i.:r-,} : �rrr.' G t u �l` i-''` 7, ..li• , �1 - fir. _ tom•,.1 •�0' 'Y' 'J!_ - ` a' j.._4!,i, ✓/ - 1AA: Y, 'A 1 \1 ,i,lt).e'!. �•s ' \i ,.i k,IAhr'> ,4: �a.,/''. p_•'td'•of;A' a+fi.w ' �, iF P!�'. r 1 Z�� ;4t�) �1 } i. e.7� { c.. + y+fl p� ti`iY • � 'f` t/r R ;,�,. 1 •••• ,/)�i'' 1 1' •. .,. ,1 • ~w. R 'l j.;.' e� +� ..., d s 'r r P T i a e j aY '61" ir YV: " • 'Pera 1 * ' ` a ,II ;:, M��,t r x•-11,•� 1 fit- .. 'r,'-11 -!� •''r �'' if! 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I . •. -._..--i.,... :- -"P ',. , -,- ,-.7, - - '•- -- 0 .-.-' J:'". • -' fc • . . ...- • ' '-'---7..•%'..44-,- Aikr,•,___,...4 _ . .., , ,-,.- .--.„,' -,.--,b, I, - --,.'1 --' :27-4'. . -„ -- , • -' .• -4 2 . • • -' - •. 1=7.----4 ,.., . ' - -t-- -- = •• '.r' '' - '' ' • ....:-'' -..-_1 '' -''' . " ' t.41.41 ' 1 - .. Ell• ..4...''' L.-.71. ,a•-• 74 • ..• r .. .. '......,-03.1 . -.- ' ',' N p14%._,„1-'7' .. ...„_:: ,...7---, =1•,.,.&,- - A . • --r-..-:.---..-•--..--,- - • .-_..--4_ ;.--. .. . -.Ate i - . ':•:" •-•••••••' -' -;-•1 - :•..../i;e:rtit '__..-•••3,-.14.."4.,...:..'- -..4 .....r. '--,.• .- t--. ..„N., ., --W.... -it.-„_- --'"- - - -- -;:'• 4._.. ,,. '4.;- -' V • ..- - •'" ..,, , . . •L...., . . ;-,a• 1• -• r-.. .). 1 •• . . ..-•. --., . --.•' . • . • • •. . _ ... CITY OF EDEN PRAIRIE PLEASANT HILL CEMETERY RULES AND REGULATIONS 1. Interments 1.1. Grave owners are only granted the right of interment in their grave(s). The City of Eden Prairie reserves the right to refuse to permit interment of anyone who is not a relative of the owner, by blood or marriage. Written, notarized permission of the grave owner must accompany all requests for permits to bury persons not members of the immediate family of the grave owner. 1.2. No interment shall be made in the cemetery except upon at least 24 hours notice prior to the time set for the interment. 1.3. No casket shall be interred within the cemetery grounds unless first properly enclosed in a concrete vault or grave box. 1.4. Cremated remains must be placed in a permanent urn or concrete burial receptacle prior to burial, the scattering of cremated remains is not permitted. 1.5. Prior to interment, in the event that an owner of a grave or funeral director fails or neglects to inform the City of specific locations of where the burial is to take place, the City of Eden Prairie reserves the right to designate the location of said burial. In the event that an owner of a grave or a funeral director fails or neglects to inform the City of specific dimensions of the concrete vault, grave box, or permanent urn or concrete burial receptacle to be used in said interment, the City shall assume the dimensions to be that of a standard concrete vault or grave box, and shall act thereon without assuming any liability in the event that the actual dimensions are different. Information as to the specific location of the intended interment and the specific dimensions of the vault used therein shall be given to the City in writing. Any mistakes or errors made in the location of interment or size of grave occurring as a result of receiving oral information, or incomplete or incomprehensible written information, shall not result in any liability on behalf of the City. 1.6. The owner of the grave and/or funeral director shall be responsible for procuring the interment permit and shall be responsible for properly identifying the body to be interred before it is placed in the vault. In the event any mistakes or errors are made as to the information in the interment permit or as to the identification of the body, the City shall not be held liable. 1.7. No interment of two or more bodies shall be made in one grave except in the following cases: (1) A parent and child may be buried in one casket. CITY OF EDEN PRAIRIE PLEASANT HILL CEMETERY RULES AND REGULATIONS Page 2 (2) Two infants may be buried in one casket. (3) Two urns of cremated remains may be buried on one grave. (4) One body in a casket and one urn of cremated remains may be buried in one grave. 1.8. No interments may be made in the cemetery unless all the ordinances, rules, and regulations regarding interments have been complied with and until the purchase price of said grave and all burial fees are paid, or arrangements have been made with the City to pay for such costs. 1.9 The cost of interments, including the burial of cremated remains, shall be determined by the City, and is subject to change. A current fee schedule may be obtained at the City offices. 2. Delay of Interment 2.1. The City of Eden Prairie will not be liable for any delay in the interment of a body when a protest to the interment has been made or where failure to comply with these Rules and Regulations result in delay of interment. 3. Disinterments 3.1. Before any grave may be opened for any purpose, written permission of the next-of- kin of the body to be disinterred shall be filed with the City, along with written permission of the grave owner, unless said grave owner is predeceased. The disinterment will be scheduled by the City. This provision does not apply when disinterment is ordered by a duly-authorized public authority. 3.2. The costs of disinterments shall be determined by the City. 4. Conditions of Grave Purchases 4.1. All graves will be sold subject to these Rules and Regulations and any amendments or adoption thereto. The purchaser shall expressly agree, in the deed conveying the grave, that their rights are subject to these Rules and Regulations and any amendments thereto shall constitute the complete sale agreement between the cemetery and the grave owners. 4.2. No grave shall be used for any purpose other than the burial of human remains and the placement of appropriate memorials, pursuant to the Rules and Regulations of the cemetery. CITY OF EDEN PRAIRIE PLEASANT HILL CEMETERY RULES AND REGULATIONS Page 3 4.3. No easement or right of interment is granted to any grave owner in any road, drive, alley, or walkway within the Pleasant Hill Cemetery, but such a road, drive, alley, or walkway may be used as a means of access to the owner's cemetery grave or graves. 4.4. In the event any errors are made by the City or agent thereof in making interments, disinterments, or removal, or in the description, transfer or conveyance of any interment property, the City shall have the right to correct such error by: (1) canceling such conveyance and substituting and conveying in lieu thereof another interment property of equal value in a location to be determined by the City, or (2) refunding the amount of money paid on account of said purchase 5. Purchase of Graves 5.1. All fees, costs, or charges shall be set by the City and are payable to the City of Eden Prairie at the City offices located at 8080 Mitchell Road, Eden Prairie, Minnesota. 5.2. Upon full payment of the purchase price of a grave, the City of Eden Prairie will issue a cemetery Deed conveying the grave, executed by the City, and the Deed shall be recorded in the records of the City. Description of the grave will be in accordance with the cemetery plats,which are kept at the City offices. 6. Transfer of Graves 6.1. In order to transfer ownership of a cemetery grave to another, the owner must complete a Transfer of Ownership document provided by the City, and have the same signed by a witness and notarized by a Notary Public. The Transfer of Ownership document must be reviewed and approved by the City prior to the transfer of a grave by the owner. The owner of a grave may transfer said grave to: (1) The City of Eden Prairie at the original sale price, or if the original price is unknown, the resale price shall be the current sale price for a similar grave; (2) any surviving relative by will for the use and benefit of the person designated in the will; (3) any person who is a resident of the City of Eden Prairie; or (4) any other person approved by the City of Eden Prairie upon application by the owner of the grave. CITY OF EDEN PRAIRIE PLEASANT HILL CEMETERY RULES AND REGULATIONS Page 4 When a transfer has been made in conformance with these rules, the City will issue a deed to the new owner upon surrender of the prior deed belonging to the previous owner. The surrendered deed will then be canceled and retained by the City. 6.2. No grave will be permitted to be re-sold, disposed of, or otherwise used, until the purchase price, and all unpaid fees, costs or charges have been paid in full. 6.3. No cemetery grave may be re-sold or otherwise disposed of without prior approval of the City. 6.4. Grave owners may not allow interments to be made in their grave for remuneration unless the process for transfer of graves has been completed and approved by the City. 7. Descent of Graves 7.1. On the death of a grave owner, such grave shall be granted and conveyed by the City to any of the deceased's parents, descendants or siblings, pursuant to the Minnesota Intestate Succession Laws, Minn. Stat. 525.14, who are qualified to be buried therein, unless provided for by will. The City may request such evidence as it may deem necessary to prove that the grave in question is received by the person who would be entitled to receive it. 8. Markers and Upright Monuments 8.1. Every grave marker must be placed in the space reserved therefore as shown upon the plat of such grave, or as directed by the City. 8.2. No marker or upright monument, nor any part thereof, may be constructed of limestone, sandstone, or any artificial material. 8.3. No upright monuments will be allowed in Section III of the cemetery; only flat grave markers of sizes specified by the City will be allowed therein. Marker size shall be limited to 12" x 24" x 4" for a single, flat marker and 12" x 40" x 4" for a double, flat marker, unless otherwise approved by the City. Exception: Upright monuments are allowed in Sections I and II of the cemetery. Any new upright monuments must be of similar size and composition as the current monuments and must be approved by the City prior to installation. 8.4. No foundation will be required for flat markers, which shall be set flush with the ground. All markers will be set by City of Eden Prairie personnel or by private contractors who must contact the City to receive adequate instruction related to proper placement. Exception: Upright monuments in Sections I & II may require a foundation and must be approved by the City prior to installation. CITY OF EDEN PRAIRIE PLEASANT HILL CEMETERY RULES AND REGULATIONS Page 5 8.5. Four-inch wide unadorned mowing borders of approved materials will be encouraged in the cemetery. It will be the responsibility of the owner to have the marker set; however in the event it is set onsite, the City shall approve the work. Any contractors and others involved in such activity must notify the City before commencing any work thereon. If a marker or upright monument is to be set by the City, payment of the marker setting fee must be paid to the City in advance. 9. Permanent Care 9.1. The general care of the cemetery is assumed by the City and includes the following: (1) cutting of grass at reasonable intervals; (2) raking and cleaning the grounds; (3) pruning of shrubs and trees; (4) maintaining the general preservation of the graves and grounds, walks, and (5) maintaining roadways,boundaries, and structures. The general care of the cemetery may be awarded by contract to private firms by the City, if desired. 9.2. General care of the cemetery assumed by the City shall not be required to include the maintenance, repair or replacement of any grave marker or memorial placed or erected upon graves, nor shall it include any special or unusual work in the cemetery. 10. Flowers,Adornments, and Landscape Improvements 10.1. Plants and flowers may be placed in a pot(s) on a single, durable and erect stands at a grave site. The City or any of its employees will not be responsible for the damage or destruction to any flowerpot or vase placed directly on the ground. Flowers placed directly on the grave will be removed and discarded prior to routine cutting of grass. 10.2. Pots and stands should be removed by November 1 of each year and can be replaced at the appropriate grave site beginning May 20 of each year. If pots and stands are left year-round, the City is not responsible for the damage, destruction, or loss thereof. CITY OF EDEN PRAIRIE PLEASANT HILL CEMETERY RULES AND REGULATIONS Page 6 10.3. Stands unutilized for extended periods of time or not maintained may be removed by the City. 10.4. Live or flowering-type potted plants are allowed on special dates such as Religious holidays, Memorial Day, birthdays, or anniversaries. They will be permitted to remain on display for five (5) days after which they may be removed and discarded. 10.5. Any manner of artificial flowers, plants, wreaths, or other adornments are subject to immediate removal beyond a single maintenance period, with the exception of 30 days following interment or if placed in single, durable and erect flower stand. 10.6. No trees, shrubs, or vines may be planted, nor may any fences erected by any private party on the cemetery grounds. The City reserves the right to remove any tree, shrub, vine, plant, or flowers which may become unsightly, dangerous, diseased, or which is not in keeping with the landscape design of the cemetery. 10.7. All landscaping, grading, and seeding shall be done by the City of Eden Prairie and its designated employees or contractors. All graves will be seeded and kept flush with the adjacent ground. 10.8. The City will make water available to grave owners for care of flowers and plants in pots and stands from May 20 to October 20 of each year, depending on the weather and/or general availability of water. 11. Cemetery Management 11.1. The responsibility for the management of the Pleasant Hill Cemetery and all matters related thereto shall be vested in the City. 11.2. The Eden Prairie Parks, Recreation and Natural Resources Department shall be responsible for the care and maintenance of the cemetery. 12. Hours 12.1. The cemetery will be open daily to visitors during the hours of 7:00 a.m. to sunset. Permission to enter at all other times shall be secured from the City. The City reserves the right to refuse admission to the cemetery and to refuse the use of any of the cemetery's facilities, at any time, to any person or persons whom the City may deem objectionable in consideration of the best interest of the cemetery. 13. General Provisions 13.1. Persons within the cemetery shall use only the paths and walkways. No one is permitted to walk upon or across graves unless it is necessary to do so to gain access CITY OF EDEN PRAIRIE PLEASANT HILL CEMETERY RULES AND REGULATIONS Page 7 to one's own grave. The City expressly disclaims any liability for any injuries sustained by anyone violating this rule. 13.2. Persons visiting the cemetery or attending funerals are strictly prohibited from writing upon, defacing, or injuring any memorial and from breaking or injuring any tree, shrub, plant, or other structure within the cemetery grounds. 13.3. The following acts, in addition to any other applicable violations of City ordinances and regulations, are expressly prohibited: (1) The driving of motor vehicles into the cemetery, unless attending a funeral, visiting a relative or friend's grave site, or carrying on maintenance work authorized by the City. (2) The driving or parking of any motor vehicle across or upon any grave. (3) The driving of any motor vehicle in excess of ten miles-per-hour within the cemetery grounds. (4) Loud or boisterous talking or music. (5) Bringing lunches or refreshments into the cemetery or consuming them on the grounds. (6) Peddling or soliciting the sale of any non-cemetery commodity within the cemetery grounds. (7) Placing of signs, notices, or advertisements of any kind within the cemetery. (8) Bringing firearms into the cemetery except by military escort accompanying a veteran's funeral, attending memorial services, or by police officers. 13.4. Special cases may arise in which the literal enforcement or interpretation of a rule may impose an unnecessary hardship. In such cases, the City reserves the right to make exceptions or modifications to, or suspensions of, any of these Rules and Regulations, when the City deems that such action appears to be necessary. Such a temporary exception, modification, or suspension shall in no way be construed as affecting the general application of such Rules and Regulations. 13.5. The City of Eden Prairie reserves the right to remove all monuments, markers, flowers, plants, trees, decorations or other similar objects whenever they become unsafe or unsightly without incurring any liability to any party. CITY OF EDEN PRAIRIE PLEASANT HILL CEMETERY RULES AND REGULATIONS Page 8 13.6. Specific costs for graves, interments, disinterments, burial of cremated remains, and setting markers are not included in these Rules and Regulations since these are set by resolution of the City Council. A current schedule of fees can be obtained at the City offices. 13.7. The City of Eden Prairie reserves the right to amend these Rules and Regulations whenever it is determined that it is in the best interest of the cemetery to do so. The City is not required to give notice of such intended action to any person. 14. 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N e H v v 5 5 3 o w i V `60< � `5 t v O off ❑ � c� � � as t..7.... 5 vaw 4 � pp . 0 N 1 w w > o " " N , st 0 v ° r Q 5 a `4 5 y o 5 g 4 ,d „ •� G ii no lhhhia ,yw"- > a ; v3x" a3 > Ha3WA3D3x 8 v v .o tat v to m' ro w o ort to w ao oN.c hoCOa 0 aaaa Nw o �., .o N. N. N Nw N. COCOasasa. CITY COUNCIL AGENDA DATE: SECTION: Report of City Manager July 21, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.1 Police/OCM Request Approval of Timeline and Request Rob Reynolds, Police Chief/ for Proposal for City Attorney and Scott Neal, City Manager Prosecuting Attorney Services Requested Action Move to: Approve the attached timeline and Request for Proposal for City Attorney and Prosecuting Attorney Services. Background The current contracts for City Attorney and Prosecuting Attorney Services are set to expire at the end of December 2009. The City Council has directed staff to conduct a Request for Proposal (RFP)process for each of the two services. The two processes will run concurrently with two contracts being awarded at the end of the process. A draft timeline is attached to this letter for the Council's review and approval. The proposed process is modeled after the 2006 Prosecuting Attorney Services RFP process. Staff proposes sending RFPs to law firms who submitted proposals to the City during the 2006 process and any other law firm that requests one. Notice of the RFP will be posted on the City's website, the Eden Prairie News and the Star Tribune. Staff requests that the proposals be submitted to the City by August 21. The City Manager will then select finalist firms who will be interviewed by the City Manager and Police Chief in mid- late September. Staff plans to bring a recommendation to the City Council at its October 6 meeting. Attachments Timeline Request for Proposals CITY OF EDEN PRAIRIE,MINNESOTA REQUEST FOR PROPOSAL CITY ATTORNEY AND CITY PROSECUTOR SERVICES JULY 2009 I. INTRODUCTION This request has been prepared by the City of Eden Prairie to retain the services of legal consultants. The request consists of two parts: 1. A City Attorney and staff for general legal services. 2. A Prosecution Attorney and staff for prosecution and related legal services. II. SCOPE OF WORK A. General Legal Services/City Attorney 1. The City Attorney's office is involved in any civil action brought against the City that is not covered by liability insurance. These can include condemnation for street and utility right-of-way, actions being brought either by or against the City regarding nuisance issues, and injunctions brought for or against the City where Eden Prairie's liability insurance carrier does not defend the claims. 2. Advisor to the City Council, Committees and Staff: The City Attorney also acts as advisor to the City Council, Planning Commission, the Parks, Recreation and Natural Resources Commission and other committees and staff These functions include attending the City Council meetings and attending other committee meetings as are requested by the City Manager or City Council. These activities include the preparation of opinions on miscellaneous legal issues including zoning,platting, and the issuance of permits,procedural matters dealing with operation of the City Council and Planning Commission and other committees. 3. Improvement Projects: The City Attorney's office is involved in assistance with improvement projects including sanitary sewer, water, storm sewer and street improvements. These functions include the acquisition and negotiation of all easements for street and utility purposes including condemnation where necessary, assistance in assessment issues including the preparation of assessment rolls and advising the Council in assessment hearings and other proceedings. In addition, the firm will handle all assessment appeals to the District Court and prepare and assemble transcripts for all General Obligation bond issues. 4. Miscellaneous Legal Issues: In addition, the City Attorney's office is involved in areas such as ordinance drafting,preparation of documents including development agreements and planned unit development agreements,preparation of agreements of a miscellaneous nature, review of transcripts for industrial revenue and tax exempt mortgage financing, negotiation for the acquisition or sale of title to personal property and land, general advice to the City regarding building permits, zoning,platting, insurance issues, employee relations, etc. 5. City Attorney Office Activity: In 2008 City Attorney activity was as follows: 1 a. Shareholder hours: 1,126 b. Associate hours: 776 B. Prosecution Services Provide the City of Eden Prairie with prosecution against petty misdemeanors, misdemeanors, and gross misdemeanors as well as providing related legal advice. This includes the ability to cite codes as necessary and assisting in the development of City policies and guidelines for managing different existing and potential situations. In 2008, prosecution activity was as follows: • Arraignments XXXX • Pre-trials XXX • Court Trials set XXX • Jury Trials set XXX • Complaints Issued XXX • State Patrol Cases XXX III. INSTRUCTIONS TO PROPOSERS A. All legal firms may submit a proposal for one or both of the legal positions. However, if a firm wishes to submit a proposal for both of the legal positions, it must do so separately. A single proposal addressing more than one position will not be accepted. One proposal must be submitted for each legal services position. B. Four(4) copies of each proposal should be sent to: Sonja Ritchie Roy, Projects Coordinator Eden Prairie Police Department 8080 Mitchell Road Eden Prairie, MN 55344 C. All proposals must be received no later than 4:30 p.m. on Friday, August 21, 2009. IV. PROPOSAL CONTENT A. Title Page— Show the RFP subject, the name of the firm, local address, telephone number, name of contact person and the date. B. Table of Contents—Include a clear identification of the material by section and page number. C. Consultant Profile 2 City Attorney/General Legal Services: As a minimum, the proposal shall include: a. The areas of expertise and general services available. b. The general qualifications of the firms as related to the requested services, setting forth the firm's approach/ability to carry out each activity. c. The name, experience and qualifications of the person who will be responsible for fulfilling the obligations as City Attorney. d. The qualifications and resumes of other professional staff that will be responsible for providing legal services. e. The availability of the aforementioned staff f A description of any previous or current experience in municipal legal services, activities performed, and the name of a person who may be contacted at the municipality. g. A list of previous or current activities performed for the City of Eden Prairie. h. Any potential conflicts of interest the firm might have providing services to the City. i. A description of your legal library and research capabilities and your capability to maintain a proper response time for legal reports and memos. j. A detailed description and explanation of all fees and/or charges that may arise for provided municipal legal services. k. A recent audit or financial report. Prosecution Services: As a minimum, the proposal shall: a. Provide resumes for your firm and for each attorney who may provide services to the City. b. Describe special areas of expertise held by members of the applicant firm and describe how they may be utilized/applied within the prosecution function. c. Describe criminal appellate experience. d. Discuss how your firm intends to be readily accessible to City personnel, especially police officers. e. Describe who would primarily serve as prosecutor. Describe how you will ensure sufficient backup personnel are available as needed. f Describe your legal library and research capabilities. g. Describe your support staff(knowledge, skills, abilities, expertise). h. Describe, in detail, all related services that will be rendered in conjunction with the proposed prosecution services (training sessions for police, regular written updates and policy statements, etc.). 3 i. List and describe any previous or current experience in municipal legal services, specify activities performed and the name of a person who may be contacted at the municipality. j. List previous or current activities performed for the City of Eden Prairie. k. Describe any potential conflicts of interest the firm may have providing services to the City. 1. Provide a detailed description and explanation of all fees and/or charges that may arise for provided prosecution and related legal services. m. Provide a recent audit or financial report. IV. PROPOSAL EVALUATION AND CONTRACT AWARD A. The City intends to award a contract to the proposer(s) based on an evaluation of the qualifications to perform the work for the City, cost and other relevant factors. B. Based upon the evaluation, the City Manager will recommend to the City Council the selection of the firm(s)judged to be the most responsive and responsible proposer for each position. C. The City shall not be liable for any expenses incurred by the proposer including expenses associated with the preparation of the proposal, attendance at interviews, preparation of a cost proposal or final contract negotiations. D. The City of Eden Prairie reserves the right to reject any and all proposals or to request additional information from all proposers. V. CONTRACT EXEUCTION A. Contract Negotiations—Notwithstanding a contract award,the City reserves the right to negotiate the final terms and conditions of the contract to be executed. Should the City and the proposer(s)to whom the contract(s) is recommended to be awarded be unable to mutually agree upon the entire contract, the City reserves the right to discontinue negotiations, select another proposer or reject all of the proposals. Upon completion of negotiations agreeable to the City and proposer, a contract shall be executed. B. Contract Ethics 1. No elected officials or employee of the City who exercises any responsibilities in the review, approval or implementation of the proposal or contract shall participate in any decision which affects his or her direct or indirect personal of financial interest. 2. It is a breach of ethical standards for any person to offer, give or agree to give any City employee or Council person or for any City employee or Council person to solicit, demand, accept or agree to accept from another person or firm, a gratuity or an offer of employment whenever a consideration was motivated by an individual, group or corporate desire 4 to obtain special,preferential, or more favorable treatment than is normally accorded to the general public. 3. The firm(s) shall not assign any interest in this contract and shall not transfer any interest in the same without prior written consent to the City. 4. The firms(s) shall not accept any client or project, which, by nature, places it in an ethical conflict with its representation of the City of Eden Prairie. 5. The City requires affirmative action, and therefore, the firms(s) selected shall not discriminate under the contract against any person in accordance with federal, state or local regulation. VI. TIMELINE August 21 RFP return deadline September 7 City Manager selects finalists for interviews September 21 —25 City Manager&Police Chief interview finalists October 6 Council meeting; City Manager recommendation October—December Transition time January 1, 2010 New contract begins 5 Draft Timeline for City Attorney and Prosecuting Attorney RFP Process July 2009 July 21 Council meeting; Request Council approval of timeline and RFP July 27—August 3 Post legal notices and send out RFP August 21 RFP return deadline September 7 City Manager selects finalists for interviews September 21 —25 City Manager&Police Chief interview finalists October 6 Council meeting; City Manager recommendation October—December Transition time January 1, 2010 New contract begins