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HomeMy WebLinkAboutCity Council - 09/01/2009 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, SEPTEMBER 1, 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, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. 2010-2011 Budget Council Chamber II. OPEN PODIUM III. ADJOURNMENT TAX IMPACT - Tax Rate Projections Pay 2010 Preliminary Updated 8/17/2009 City Only - with HRA Levy Plus $688,000 for Fire Relief Levy Adjusted Tax Levy+Park Bond Levy=Total Pay 10 City Tax Levy 31,254,372 Adjusted Tax Levy+Park Bond Levy=Total Pay 09 City Tax Levy 30,646,421 Change 08 497 ;: '':% _ „,,,, 607,951 Final Preliminary TAX CAPACITY TAX CAPACITY 08 PAY 09 09 PAY 10 $Change %Change REAL ESTATE 124,440,760 120,146,589 -4,294,171 -3.45% PERSONAL PROPERTY 1,262,209 1,262,612 403 0.03% NET TAX CAPACITY 125,702,969 121,409,201 -4,293,768 -3.42% less FISCAL DISPARITY CONTRIBUTION 16,186,185 16,806,832 620,647 3.83% less TIF CAPTURED TAX CAPACITY 3,242,265 3,242,265 0 0.00% ADJUSTED NET TAX CAPACITY 106,274,519 101,360,104 -4,914,415 -4.62% General Fund Levy+,: 28,603,461 29,291,335 687,874 2.40% Debt Levy+ 1,738,000 1,799,724 61,724 3.55% HRA Levy 200,000 200,000 0 0.00% Tax Abatement 0 0 0 #DIV10! =Tax Capacity Tax Levy 30,541,461 31,291,059 749,598 2.45% less FISCAL DISPARITY DISTRIBUTION 1,616,764 1,696,687 79,923 4.94% less FD Distribution-HRA 0 0 0 Adjusted Tax Capaca Tax Levy 28,924,697 29,594,372 669,675 2.32% r. _ ADJUSTED TAX LEVY 28,924,697 29,594,372 669,675 2.32% DIVIDED BY ADJUSTED NET TAX CAPACITY 106,274,519 101,360,104 -4,914,415 -4.62% EQUALS CITY TAX RATE 27.2710% 29.1973% 1.9263% 7.0634% ;W- PARK BOND REFERENDUM LEVY 1,721,724 1,660,000 -61,724 -3.59% DIVIDED by Referendum Market Value 10,093,730,200 9,650,000,000 -443,730,200 -4.40% EQUALS REFERENDUM LEVY RATE 0.01712% 0.01720% 0.00008% 0.479% All tax capacities are preliminary or Sinell estimates. Referendum market value is Sinell estimate. Fiscal Disparities Contribution and Distribution per Sebastian @ Henn Co 8/12/09 TIF Captured Tax Capacity not available until around Sept 1 per Gloria Roybal 8/17/2009 Note-Due to rounding and minor procedural differences we use Henn Co calc for final tax rates. Preliminary 2010 Zero Levy plus$688,000 Fire Relief Levy Updated Aug 17,2009 PROJECTED CITY TAX-RES HOMESTEAD-Single Family Zero Levy Proposed Pay 2010 Plus 688,000 Fire Relief Average Value Change-Prop Type R -minus 4.8%per Hennepin County Assessor Pay 09 class rate=1st$500,000(@1.0%+balance rg 1.25% Pay 10 class rate=1st$500,00001.0%+balance a 1.25% Median Value 09 Pay Si 354050 Per Hormepm County Market Value Market Value Gross City Tax Pay 2009 Pay 2009 Net City Tax Gross City Tax Pay 2010 Pay 2010 Net City Tax %Change $Change %Change $Change 08 Pay 09 09 PAY 10 PAY 2009 HSTD Credit City Share PAY 2009 PAY 2010 HSTD Credit City Share PAY 2010 Net Tax Net Tax Gross Tax Gross Tax 1126,100 $120,000 $365 $259 $70 $296 $371 $264 $71 $300 1.37% $4 1.51% $6 $136,600 $130,000 $396 $249 $67 $329 $402 $255 $69 $333 1.34% S4 1.52% $6 $147,100 $140,000 $426 $240 $65 $362 $433 $246 $66 $367 1.32% $5 1,53% $7 $157,600 $150,000 $457 $231 $62 $395 $464 $237 $64 $400 1.30% $5 1.53% $7 $168.100 $160,000 $487 $221 $60 $428 $495 $228 $61 $433 1.29"I $6 1.53% $7 $178,600 $170,000 $518 $212 $57 $461 $526 $219 $59 $467 1.28% $6 1.54% $8 $189,100 $180,000 $548 $202 $54 $494 $557 $210 $57 $500 1.26% $6 1.54% $8 $199,600 $190,000 $579 $193 $52 $527 $587 $201 $54 $533 1.25% $7 1.54% $9 $210,100 $200,000 $609 $183 $49 $560 $618 $192 $52 $567 1.25% $7 1.55% $9 $236,300 $225,000 $685 $160 $43 $642 $696 $170 $46 $650 1.25% $8 1.57% $11 $262,600 $250,000 $761 $136 $37 $724 $773 $147 $40 $733 1.21% $9 1.56% $12 $288.900 $275,000 $837 $112 $30 $807 $850 $125 $34 $617 1.18% $10 1.54% $13 $315,100 $300,000 $913 $89 $24 $889 $928 $102 $28 $900 1.19% $11 1.56% $14 $341,400 $325,000 $989 $65 $18 $972 $1,005 $80 $22 $983 1.17% $11 1.55% $15 $371,900 $364,050 $1,078 $38 $10 $1,098 'A' m:$1,095 $64 $14 $1,080 1.18% $12 1.55% $17 $393,900 $375,000 $1,142 $18 $5 $1,137 $1,159 $35 $9 $1,150 1.16% $13 1.56% $18 $420,200 $400,000 $1,218 ($6) (62) $1,219 $1,237 $12 $3 $1,233 1.14% $14 1.55% $19 $434,900 $414,000 $1,260 ($0) $1,260 $1,280 ($0) ($0) $1,280 1.55% $20 1.55% $20 $472,700 $450,000 $1,370 ($0) $1,370 $1,391 ($0) $1,391 1.55% $21 1.55% $21 $525,200 $500,000 $1,522 ($0) $1,522 $1,546 ($0) $1,546 1.56% $24 1.56% $24 $630,300 $600,000 $1.916 ($0) $1,916 $1,928 ($0) $1,928 0.65% $12 0.65% $12 $735,300 $700,000 12292 ($0) $2,292 $2,310 ($0) $2,310 0.81% $19 0.81% $19 $840.300 $800,000 $2,667 ($0) $2.667 $2,692 ($0) $2,692 0.93% $25 0.93% $25 $945,400 $900,000 $3,044 ($0) $3,044 $3,075 ($0) $3,075 1.01% $31 1.01% $31 $1,050,400 $1,000,000 $3,420 ($0) $3,420 $3,457 ($0) $3.457 1.08% $37 1.08% $37 The Market Value Homestead Credit IS phased out aRer$414,000 Jr;home value • Preliminary 2010 Zero Levy plus$088.000 Fire Relief Levy Updaled Aug 17,2009 PROJECTED CITY TAX - RES HOMESTEAD - Single Family Proposed Pay 20109 Zero Levy Plus 688,000 Fire Relief PROJECTED CITY TAX - Commercial & Industrial Property With Preferred Commercial Class Pay 09 class rate = 1st $150,000@1.5% + balance @ 2.0% Pay 10 class rate = 1st $150,000@1.5% + balance 2.0% Average Value Change - Minus 2.1% Note: City tax excludes fiscal disparity portion. Actual 62.1689% City & 37.8311% FD - Pay 09 Estimated 62.1689% City & 37.8311% FD - Pay 10 Market Value Market Value City Tax City Tax 08 PAY 09 09 PAY 10 PAY 2009 PAY 2010 CHANGE $ CHANGE $179,000 $175,000 $510 $529 3.69% $19 $1,021,000 $1,000,000 $3,510 $3,666 4.46% $157 $2,043,000 $2,000,000 $7,150 $7,469 4.45% $319 $5,107,000 $5,000,000 $18,064 $18,876 4.49% $812 $10,215,000 $10,000,000 $36,259 $37,887 4.49% $1,628 $15,322,000 $15,000,000 $54,450 $56,899 4.50% $2,449 $20,429,000 $20,000,000 $72,641 $75,911 4.50% $3,269 PROJECTED CITY TAX - Market Rate Apartment Average Value Change - Minus 4.9% Pay 09 class rate = 1.25% Pay 10 class rate = 1.25% Market Value Market Value City Tax City Tax 08 PAY 09 09 PAY 10 PAY 2009 PAY 2010 CHANGE CHANGE $105,000 $100,000 $376 $382 1.67% $6 $1,052,000 $1,000,000 $3,766 $3,822 1.47% $55 $5,258,000 $5,000,000 $18,824 $19,108 1.51°I° $284 $10,515,000 $10,000,000 $37,644 $38,217 1.52% $572 $15,773,000 $15,000,000 $56,469 $57,325 1.52% $857 $21,030,000 $20,000,000 $75,289 $76,434 1.52% $1,145 Preliminary 2010 Zero Levy plus $688,000 Fire Relief Levy Updated Aug 17, 2009 AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 1, 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 V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,AUGUST 18, 2009 B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 18, 2009 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS C. AUTHORIZE STAFF TO SUBMIT A WINTER TRAIL ACTIVITIES PERMIT APPLICATION TO THREE RIVERS PARK DISTRICT FOR 2009-2010 D. ADOPT RESOLUTION AMENDING OFFICIAL MEETING DATES FOR THE CITY COUNCIL IN 2009 E. APPROVE PURCHASE AGREEMENT WITH INTEGRA TELECOM F. AWARD CONSTRUCTION CONTRACT FOR IT REMODEL PROJECT TO DORAN CONSTRUCTION G. AWARD CONTRACT FOR TRAIL RECONSTRUCTION ON DUCK LAKE TRAIL,VALLEY VIEW ROAD AND EDENVALE BLVD. TO BITUMINOUS ROADWAY INC. CITY COUNCIL AGENDA September 1, 2009 Page 2 H. APPROVE CDBG AFFORDABLE HOUSING GRANT AGREEMENT BETWEEN CITY AND CITY HILL FELLOWSHIP CHURCH IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. RESOLUTION IDENTIFYING NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUNDING XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORTS OF CITY MANAGER 1. Prairie View Liquor Store Lease 2. Baker Associates Agreement 3. Resolution Certifying Proposed 2010 Property Tax Levy,Accepting Proposed 2010 Budget, Setting Public Hearing Date & Consenting and Approving the HRA Tax Levy C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Outlot Management E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF 1. Homeland Security Grant G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY CITY COUNCIL AGENDA September 1, 2009 Page 3 XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA REVISED DATE: August 28, 2009 TO: Mayor and City Council FROM: Scott Neal, City Manager RE: City Council Meeting for Tuesday, September 1, 2009 TUESDAY, SEPTEMBER 1, 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. HRA MEETING I. ROLL CALL/CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON JANUARY 20, 2009 MOTION: Move to approve the minutes of the HRA meeting held on January 20, 2009. III. ADOPT RESOLUTION TO APPROVE THE PROPOSED 2010 HRA PROPERTY TAX LEVY TO BE $200,000 AND ACCEPT THE PROPOSED 2010 HRA BUDGET OF $200,000 Synopsis: Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. Per Minnesota Statute, Housing and Redevelopment Authorities can levy a tax of up to .0185 percent of taxable market value. The proceeds may be spent on planning and implementation of redevelopment and/or low-rent housing assistance programs with the City. The limit for the City of Eden Prairie is approximately$1.8 million. MOTION: Move to adopt the resolution to approve the proposed 2010 property tax levy to be $200,000 and accept the proposed 2010 budget of $200,000. ANNOTATED AGENDA September 1, 2009 Page 2 IV. ADJOURNMENT MOTION: Move to adjourn the HRA. COUNCIL MEETING IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. V. PROCLAMATIONS /PRESENTATIONS VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, AUGUST 18, 2009 B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 18, 2009 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-H on the Consent Calendar. A. CLERK'S LICENSE LIST B. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS C. AUTHORIZE STAFF TO SUBMIT A WINTER TRAIL ACTIVITIES PERMIT APPLICATION TO THREE RIVERS PARK DISTRICT FOR 2009-2010 D. ADOPT RESOLUTION AMENDING OFFICIAL MEETING DATES FOR THE CITY COUNCIL IN 2009 E. APPROVE PURCHASE AGREEMENT WITH INTEGRA TELECOM F. AWARD CONSTRUCTION CONTRACT FOR IT REMODEL PROJECT TO DORAN CONSTRUCTION G. AWARD CONTRACT FOR TRAIL RECONSTRUCTION ON DUCK LAKE TRAIL,VALLEY VIEW ROAD AND EDENVALE BLVD. TO BITUMINOUS ROADWAY INC. H. APPROVE CDBG AFFORDABLE HOUSING GRANT AGREEMENT BETWEEN CITY AND CITY HILL FELLOWSHIP CHURCH ANNOTATED AGENDA September 1, 2009 Page 3 IX. PUBLIC HEARINGS /MEETINGS X. PAYMENT OF CLAIMS MOTION: Move approval of the Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. RESOLUTION IDENTIFYING NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUNDING Synopsis: Staff requests authorization to submit an application to LCDA on behalf of Presbyterian Homes for $838,300.00. The money would be used to help pay for street improvements to Castlemoor Drive, a storm water pond, and rainwater garden. The Livable Communities Demonstration Account is funded by the Metropolitan Council. The purpose of this account is to provide funds to support development and redevelopment projects that connect development with transit, intensify land uses, connect housing and employment,provide a mix of housing affordability, and/or provide infrastructure to connect communities and attract investment. There is $4,000,000.00 in the account. The Met Council review of grant applications takes about three months. On January 13, 2010 the Metropolitan Council will award grants. MOTION: Adopt Resolution indentifying a need for Livable Communities Demonstration Account Funding and authorizing an application for Grant Funds. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS B. REPORTS OF CITY MANAGER 1. Prairie View Liquor Store Lease Synopsis: This item was discussed by the City Council at the August 18 Council meeting. Council gave direction to staff to prepare alternative proposals that would require less square feet leased and lower overall cost of occupancy. I noted at the August 18 Council meeting that it would be likely that we would be working on the alternative lease proposals all the way up to the day of the September 1 Council meeting. That indeed appears to be the case. As of press time for the Council Packet, staff was working on developing such proposals with the owners of the Prairieview Mall. Staff will ANNOTATED AGENDA September 1, 2009 Page 4 share the final draft of the lease proposals with the Council as soon as they are prepared, or at the September 1 Council meeting, whichever is earlier. MOTION: Move to uthorize Mayor and City Manager to execute final lease documents for the Prairieview Liquor Store for: Option 1: Existing location; 5 year lease term OR Option 2: Existing location; 10 year lease term OR Option 3: Snyder's location; 9,498 SF; 7 year lease term OR Option 4: Snyder's location; 9,498 SF; 10 year lease term OR Option 5: Snyder's location; 8,000 SF; 7 year lease term OR Option 6: Snyder's location; 8,000 SF; 10 year lease term OR Option 7: Snyder's location; 6,700 SF; 10 year lease term 2. Baker Associates Agreement 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. ANNOTATED AGENDA September 1, 2009 Page 5 MOTION: Move to approve Agreement with Scott W. Baker Associates, Inc. 3. Resolution Certifying Proposed 2010 Property Tax Levy,Accepting Proposed 2010 Budget, Setting Public Hearing Date & Consenting and Approving the HRA Tax Levy Synopsis: Minnesota Law and administration rules prescribe a detailed process for public notification and participation in setting taxes and budgets of local governments. Cities must adopt a proposed net property tax levy by September 15 and certify it to the county auditor. In addition, the City Council must accept a proposed budget for the coming year. In the past the City set a date for the "Truth-in-Taxation"hearing and a date to reconvene it (if necessary). 2009 Statute was changed which eliminates the mandated truth-in-taxation hearing requirement and the associated newspaper requirement. The City must announce at this Council meeting the future time and date of the regularly scheduled meetings at which the budget and levy will be discussed and public testimony taken. The Council must adopt the final tax levy and budget by December 15. Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. MOTION: Move to adopt the resolution that: • Certifies the proposed 2010 property tax levy to be $32,751,059; and • Sets December 1st 2009 as the meeting which will include discussion of the budget and provide for public comment; and • Accepts the proposed 2010 budget of $41,052,045; and • Consents and approves the HRA tax levy of $200,000 C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Outlot Management E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF 1. Homeland Security Grant Synopsis: The City of Eden Prairie has been awarded a 2008 Homeland Security Grant for the amount of$86,700. The grant will be used to fund a part-time contracted employee with MN Joint Analysis Center(MNJAC). ANNOTATED AGENDA September 1, 2009 Page 6 MOTION: Move to accept the 2008 Homeland Security Grant for the amount of $86,700. G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. AGENDA EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, SEPTEMBER 1, 2009 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Phil Young, Council Members Brad Aho, Ron Case, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Finance Director Sue Kotchevar and Recorder Jan Curielli I. ROLL CALL / CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON JANUARY 20, 2009 III. ADOPT RESOLUTION TO APPROVE THE PROPOSED 2010 HRA PROPERTY TAX LEVY TO BE $200,000 AND ACCEPT THE PROPOSED 2010 HRA BUDGET OF $200,000 IV. ADJOURNMENT UNAPPROVED MINUTES HRA ITEM NO.: II. HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,JANUARY 20, 2009 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Phil Y oung, Council Members Brad Aho, Ron Case, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager S cott N eal, Public W orks D irector E ugene D ietz, C ommunity Development Director Janet Jeremiah, City Attorney Ric R osow, Finance D irector Sue Kotchevar and Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Chair Young called the meeting t o order at 7:00 PM in s hared session with the Council meeting. All members were present. II. COLOR GUARD/PLEDGE OF ALLEGIANCE Mayor Young thanked Cub Scout Pack 342, sponsored by Immanuel Lutheran Church, for presenting the colors tonight. III. APPROVE MINUTES OF THE HRA MEETING HELD DECEMBER 16, 2008 MOTION: Duckstad moved, s econded b y Aho, t o a pprove t he m inutes of t he HRA meeting held on December 16, 2008 a s published. Motion carried 4-0-1, with Case abstaining. IV. ADOPT HRA RESOLUTION 2009-01 AUTHORIZING ISSUANCE,AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR PAYMENT OF $3,290,000 LEASE REVENUE REFUNDING BONDS (CITY HALL AND COMMUNITY CENTER PROJECTS), SERIES 2009A AND AUTHORIZING EXECUTION OF A LEASE-PURCHASE AGREEMENT Neal said the bond proceeds will be used to refinance the 2002A bonds which were issued for the debt owed on the City Center and the second sheet of ice at the community center. Paul Donna,Northwest Securities, said$3,235,000 of lease revenue refunding bonds were issued today. These bonds were approved at an AA1 bond rating. They had planned to refinance the bonds last summer but the market had deteriorated. They continued to monitor the market and in early January saw interest rates going much lower. The rates have hit a historically low level for short-term, tax-exempt bonds, so the City Manager and Finance Director approved moving forward with the bond issue. He said there was a net savings of a little over$96,000. Duckstad asked if it would pay to wait longer or would that create some undue risk of losing this rate. Mr. Donna said he believes if we were to wait we would be exposed to interest rates going up and the savings might not be realized. HRA MINUTES September 2,2008 Page 2 Aho asked what the final interest rate was. Mr. Donna said the yield on the bonds was 1.58% and we haven't seen rates like that for a long time. He noted it is a relatively short issue to 2012. Duckstad asked if we called the HRA meeting to order. Young said he did call the meeting to order and notice did go out. MOTION: Nelson moved, seconded by Duckstad, to adopt HRA Resolution 2009-01 authorizing the issuance, awarding sale,prescribing the form and details and providing for the payment of$3,290,000 lease revenue refunding bonds (City Hall and Community Center Projects), Series 2009A and authorizing the execution of a lease-purchase agreement. Motion carried 5-0. V. ADJOURNMENT MOTION: Case moved, seconded by Aho, to adjourn the HRA. Motion carried 5-0. Chair Young adjourned the HRA meeting at 7:09: PM. HOUSING AND REDEVELOPMENT AUTHORITY DATE: AGENDA September 1, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: HRA ITEM NO.: III. Office of the City Manager/ Resolution approving proposed 2010 HRA Finance, Sue Kotchevar property tax levy and accepting the proposed 2010 budget Requested Action Move to: Adopt the resolution to approve the proposed 2010 property tax levy to be $200,000 and accept the proposed 2010 budget of$200,000. Background Information Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. Per Minnesota Statute, Housing and Redevelopment Authorities can levy a tax of up to .0185 percent of taxable market value. The proceeds may be spent on planning and implementation of redevelopment and/or low-rent housing assistance programs with the City. The limit for the City of Eden Prairie is approximately$1.8 million. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA HOUSING AND REDEVELOPMENT AUTHORITY H.R.A. RESOLUTION NO. 2009- A RESOLUTION APPROVING THE HRA PROPOSED 2010 PROPERTY TAX LEVY AND ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS WHEREAS,the Housing and Redevelopment Authority of the City of Eden Prairie has reviewed the proposed 2010 budget and tax levy; and WHEREAS,the Housing and Redevelopment Authority has decided to accept these recommendations at this time. NOW, THEREFORE, BE IT RESOLVED that the Housing and Redevelopment Authority: 1. Approves the following proposed taxes on real and personal property within the City of Eden Prairie for the 2010 budget contingent upon City Council approval. Levy on Tax Capacity $200,000 The proposed total Levy may not be exceeded when the City Council sets the final tax levy for 2010. 2. Approves the 2010 proposed budget totaling $200,000 at this time. ADOPTED by the Housing and Redevelopment Authority on September 1, 2009. Phil Young, Chairperson SEAL ATTEST: Scott H. Neal, Executive Director ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL/BUDGET ADVISORY COMMISSION WORKSHOP & OPEN PODIUM TUESDAY,AUGUST 18, 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 BUDGET ADVISORY COMMISSION: Don Uram—Chair, Richard King—Vice-Chair, Annette Agner, Eapen Chacko, Jon Muilenburg, Richard Proops, Gwen Schultz 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, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. PROPOSED 2010-2011 BUDGET Budget Advisory Commission Recommendations Budget Advisory Commission(BAC) Chair Don Uram reviewed the commission's response to the City Manager's proposed 2010/2011 budget. Uram said the BAC would like to supplement these "higher level"recommendations by reviewing and providing input on the proposed line item budget. Uram said, in general, the BAC supports the proposed budget; however, they have several recommendations. Uram said the BAC believes the City Manager's proposed budget relies too heavily on the Budget Stabilization Fund(BSF) over the next two years, which will result in an"imprudently" low balance in the fund. The BAC recommends that use of BSF be decreased by reducing expenses, eliminating or delaying proposed discretionary "enhancements"to the budget, implementation of a franchise fee and a transfer of a portion of the Economic Development Fund. In particular, the BAC recommends delaying implementation of the Fire Department Duty Crew initiative, which would cost $120,000 in 2010 and$240,000 in 2011. The BAC also recommends that the addition of two police officers (at a cost of$156,000) in 2011 be delayed. The BAC recommends that the City consider instituting a street lighting fee, which would spread the cost of street lighting across all users of the system. City Council Workshop Minutes August 18, 2009 Page 2 Commissioner Dick Proops distributed a document outlining his thoughts on the proposed budget. Proops said the City has done a great job reducing the operating budget, but he has not seen a comparable effort made in the area of major capital expenditures. Proops listed a number of capital projects he believes should be deferred, specifically development of Cedar Hills Park. Proops said he is concerned that it appears that capital improvements are being expensed to the general fund. He recommended that a CPA firm be retained to review the system. Council Discussion Mayor Young encouraged the BAC to examine the proposed line item budget in coming months. He agrees that 2010 is not the time for budget enhancements. He said he needs more information before he can decide whether or not a street lighting franchise fee is advisable. He would like to have more discussion on the use of the Economic Development Fund. He thinks this is an appropriate time to spend down the Budget Stabilization Fund; however, the amount that should be used is open to further discussion. He said there must be an effort to control expenses to avoid a significant tax increase in two years. Council Member Case said balancing the budget with the Budget Stabilization Fund will result in its depletion by 2012. He said he is not proposing tax increases,but feels the City needs to determine what taxpayers want. He said the BAC should focus on how to do what we do better, not on what we do. Regarding the proposed fire duty crew initiative, he feels response time is important and a duty crew may be necessary to keep response times where citizens want them. Council Member Aho said the City does need to spend down the BSF,but not too quickly. He said there should to be a balance between spending and revenues. He would like the BAC to help find areas where spending can be reduced. He requested more qualitative information on the duty crew proposal, and thinks it would be appropriate for the BAC to examine the proposal in more depth. Aho said he is generally not in favor or franchise fees, but would like more input from staff on the proposal. He said the purpose of the Economic Development Fund is fuzzy and it would be a good idea to reexamine it. Council Member Nelson said she has mixed feelings about franchise fees. She said the groups a street light franchise fee will most impact(such as churches and non-profit organizations) are already struggling economically. She said you should call it a tax if you are going to tax it. She said employee wages cannot stay flat forever and salaries need to keep up with the cost of living. She said the BSF is meant to cover things like the Fire Pension. She said the City cannot continue to cut and cut and still continue to be the community Eden Prairie is today. She would like to explore ways to cut costs in the area of communications and technology. She would like the BAC to address the question of whether or not the City can be run more cheaply. Council Member Duckstad agreed that the BSF balance will go too low as proposed. He agrees that this is not the time to make enhancements to the budget. He said he does not have enough information to make a decision about a street light franchise fee. He said these City Council Workshop Minutes August 18, 2009 Page 3 types of fees tend to move in the direction of less transparency. He said he is not comfortable with the Economic Development Fund being split out from the CIP. Next Steps Neal said the City Council will discuss the proposed budget and the BAC recommendations in more detail at the September 1 Workshop. At the September 1 City Council Meeting, the Council will set a preliminary levy. The Council will approve a final budget on December 15. The final budget can be set at or lower than the preliminary levy. Nelson said she would like to hear more about the duty crew concept from Chief Esbensen. She would also like information on emergency response budgeting. Council Chamber II. OPEN PODIUM III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,AUGUST 18, 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 III. OPEN PODIUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.1. Duckstad added Item XIV.A.2.Nelson added Item XIV.A.3. Neal added two items under Item XIV.B. MOTION: Nelson moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. V. PROCLAMATIONS /PRESENTATIONS A. HENNEPIN TECHNICAL COLLEGE UPDATE Doctor Cecilia Cervantes, President of Hennepin Technical College (HTC), provided an update on the school's activities and reviewed the programs offered at the school. She noted HTC is the largest technical college in Minnesota with a total credited and non-credited enrollment of over 25,000 students. B. EDEN PRAIRIE BASEBALL ASSOCIATION CONTRIBUTION FOR BASEBALL FIELD UPGRADES Paul Thaden, Treasurer of the Eden Prairie Baseball Association,presented a check for$98,222.14 to Mayor Young as a contribution to fund upgrades at Forest Hills Park, Staring Lake Park and Nesbitt Park. Mr. Thaden thanked the City for their contributions to the association over the years, noting they recently built the new baseball stadium together with the City. MOTION: Nelson moved, seconded by Aho, to accept the contribution from the CITY COUNCIL MINUTES August 18,2009 Page 2 Eden Prairie Baseball Association in the amount of$98,222.14 to assist with funding for outfield fencing at two fields at Forest Hills Park, irrigation and fencing at two fields at Staring Lake Park and fencing at two fields at Nesbitt Park. Motion carried 5-0. C. MILLER PARK BARRIER FREE PLAY AREA CONTRIBUTION Lotthammer said Mike Garvin and his family and friends in the community have been active in their fundraising efforts for the Miller Park Barrier Free Play Area. The City has received over$208,000 from them prior to this, and tonight they are contributing another$10,525 for the play area. MOTION: Case moved, seconded by Nelson, to accept the donation from the Tom and Kathy Miller Family Foundation in the amount of$10,525.00 to assist with funding for future development of the Miller Park Barrier Free Play Area. Motion carried 5-0. Mayor Young asked Mr. Lotthammer to extend the Council's thanks to the Garvin and Miller families for their contributions. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JULY 21, 2009 MOTION: Aho moved, seconded by Duckstad, to approve the minutes of the City Council Workshop held Tuesday, July 21, 2009, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,JULY 21, 2009 MOTION: Duckstad moved, seconded by Nelson, to approve the minutes of the City Council Meeting held Tuesday, July 21, 2009, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. MENARDS Second Reading of Ordinance No. 7-2009-PUD-1-2009 for Planned Unit Development District Review on 15.72 acres, Zoning District Amendment in the Commercial regional Service Zoning District on 15.72 acres, and Site Plan Review on 15.72. Location: 12600 Plaza Drive. (Ordinance No. 7-2009-PUD-1- 2009 for PUD District Review and Zoning District Amendment; Resolution No. 2009-47 for Site Plan Review) B. APPROVE SECOND READING OF ORDINANCE NO. 8-2009 AMENDING CITY CODE SECTION 11.51,RELATING TO STANDARDS FOR PROTECTION OF WETLANDS CITY COUNCIL MINUTES August 18,2009 Page 3 C. ADOPT RESOLUTION NO. 2009-48 REQUESTING THE U.S.ARMY CORP OF ENGINEERS STUDY EROSION PROBLEMS ON THE MINNESOTA RIVER D. ADOPT RESOLUTION NO. 2009-49 APPROVING CLOSURE OF A SEGMENT OF RIVERVIEW ROAD TO PUBLIC USE E. APPROVE CHANGE ORDER NO. 1 FOR THE 2009 BITUMINOUS OVERLAY PROJECT F. APPROVE DRAINAGE AND UTILITY EASEMENT AGREEMENT FOR STABILIZATION OF TWO EROSION GULLIES IN THE LOWER MINNESOTA RIVER WATERSHED DISTRICT G. AWARD CONTRACT FOR REPLACEMENT OF TRAIL ON AMSDEN WAY TO CURBMASTERS INC. H. APPROVE CONTRACT WITH CERIDIAN CORPORATION AS HUMAN RESOURCES INFORMATION (HRIS)AND PAYROLL SERVICE PROVIDER I. ADOPT RESOLUTION NO. 2009-50 APPROVING GRANT AGREEMENT WITH THE MINNESOTA DEPT. OF PUBLIC SAFETY FOR THE SAFE AND SOBER COMMUNITIES PROJECT FOR 2009-2010 J. APPROVE AGREEMENT AUTHORIZING HENNEPIN COUNTY TO SUBMIT A GRANT APPLICATION TO U.S. DEPT. OF JUSTICE FOR AN EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) K. APPROVE MUTUAL AID PACT WITH HENNEPIN COUNTY L. AWARD CONTRACT FOR CHAIN LINK FENCING AT VARIOUS PARK LOCATIONS TO PASS FENCE MOTION: Duckstad moved, seconded by Aho, to approve Items A-L on the Consent Calendar. Case asked if it was appropriate for him to vote on Item A. MENARDS since he did not vote on the first reading. Rosow said it was appropriate. Case asked if Items C and D have anything to do with the issues and concerns the MPCA has regarding the pond. Neal said it is all connected, and this is introducing a slightly new issue into that discussion. Case asked him to clarify the new issue. Dietz said there are three different erosion sites in the vicinity of the major wash out, and we are asking the Corps of Engineers to begin a study to determine what can be done to resolve the situation. Case asked who would be liable to pay for that. Neal said we hope it is the Corps of Engineers. Case asked if this is the area that is beneath the landfill. Dietz said the major erosion spot is southeast of the southeast corner of the landfill. CITY COUNCIL MINUTES August 18,2009 Page 4 Case asked if that means there are no landfill implications. Dietz said he believes there are no implications in this case. VOTE ON THE MOTION: Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. 2010 RECREATION FEES & CHARGES Neal said official notice of this public hearing was published in the August 6, 2009, Eden Prairie News. He noted this public hearing was something the City Council asked to institute into the budget-making process a couple of years ago. Staff is submitting the proposed fees and charges for inclusion in the 2010 budget. These fees and charges are part of the annual operating budget within the Parks and Recreation Department and help offset operating expenses. In 2008, $2,966,785.00 was raised through parks and recreation fees and charges. The official public notice was published in the Eden Prairie News on August 6, 2009. The fees and charges were reviewed by the Parks, Recreation and Natural Resources Commission at their August 3rd meeting. The Commission voted unanimously to recommend approval by the City Council. Some fees and charges are proposed to increase slightly to reflect increasing expenses and market changes. Neal said fees and charges are established for programs and services offered through the Parks and Recreation Department. In order to promote the programs and services that these fees and charges are associated with in a timely manner (approximately September), staff is requesting City Council approval. Ice time rates would go into effect September 1. All other fee adjustments would be made beginning January 1, 2010. Lotthammer said in most cases there is a very nominal increase in fees, primarily in recognition of increased operating costs. There were no comments from the audience. MOTION: Aho moved, seconded by Case, to close the public hearing and to approve the proposed Park and Recreation fees and charges for inclusion in the 2010 budget. Motion carried 5-0. B. AT & T CELLULAR TOWER-OLYMPIC HILLS by Buell Consulting, Inc. Request for Site Plan Review on 23.44 acres. Location: 12100 Pioneer Trail. (Resolution 2009-51) Neal said official notice of this public hearing was published in the August 6, 2009, Eden Prairie News and sent to 108 property owners. AT&T is proposing a new 100-foot cellular monopole and mechanical equipment building at the Pax Christi Catholic Community to provide improved cellular coverage for the surrounding area,particularly for the southeast portion of the City. The plan meets City requirements for setback and transition. CITY COUNCIL MINUTES August 18,2009 Page 5 Neal said on June 18, 2009, the proponent held a meeting on the Pax Christi Catholic Community property to discuss a compromise for the relocation of the 100-foot cellular monopole on the church property. Representatives from AT&T Cellular, Pax Christi Church, the Senior Planner for Eden Prairie, and approximately fifteen neighborhood residents were in attendance. After significant discussion it was agreed that the monopole would be shifted approximately 170 feet south from its previous location, or approximately 30 feet farther south from the northwest corner of the building. This location provides additional screening of the monopole by the building itself and a stand of large trees just to the west. A monopole setback from residentially zoned property requires four feet of setback for each foot of tower. Based on the 100 foot tall monopole a setback of 400 feet is required. The proposed setbacks are 560 feet to the east, 600 feet to the south, 800 feet to the west, and 1,170 feet to the north which meets our code. Neal said the 120-day review period expires on September 17, 2009. The Planning Commission continued the review this project at its June 8 meeting so the proponent, church, and neighbors could meet on site and address the relocation of the tower from its original location adjacent to Purgatory Creek, as recommended in the Staff Report. The Commission voted 9-0 to recommend approval of the project at its July 13, 2009 meeting. There were no comments from the audience. MOTION: Nelson moved, seconded by Case, to close the public hearing and to adopt Resolution 2009-51 for site plan review on 23.44 acres. Aho said it looks like the height of the tower will be within the 150-foot level in reference to the airport and asked if that was correct. Jeremiah said she understood all the reviews have been completed at this point, and the tower has met the requirements. Neal noted Scott Kipp was involved in this project, and he is quite knowledgeable about the airport. Aho said it gives him comfort to know Mr. Kipp reviewed it. VOTE ON THE MOTION: Motion carried 5-0. C. PRAIRIE PHYSICIANS BUILDING by C.B. Richard Ellis. Request for Guide Plan Change from Office to Community Commercial on 1.24 acres; Zoning District Change from Office to Community Commercial on 1.24 acres. Location: 16570 W. 78th St. (Resolution 2009-52 for Guide Plan Change; Ordinance for Zoning District Change) Neal said official notice of this public hearing was published in the August 6, 2009, Eden Prairie News. The project requires a Comprehensive Guide Plan change from office to community commercial. Commercial guiding is appropriate for the following reasons: the site is adjacent to Highway 5; the site is adjacent to land guided commercial to the east; and site access is from the frontage road. No changes are being proposed to the existing building or site plan. The building and CITY COUNCIL MINUTES August 18,2009 Page 6 site conform to commercial zoning requirements. The 120-day review period expires on October 2, 2009. The Planning Commission voted 9-0 to recommend approval of the project at the July 13, 2009 meeting. Jeremiah said that, while it states there are no changes to the building, there would be some minor exterior changes as well as substantial interior changes; however there is no building expansion or major exterior change. Peter Dugan, CB Richard Ellis, said he was available for questions. Kevin Brink, Welsh Companies representing Quello Clinic, distributed a letter from Quello Clinic, LTD, and said it is important the Council know the impact this will have on some of the Council's constituents. He said Quello was approached in 2007 about buying the building and they negotiated a one year extension of their lease in 2007 and a six month extension in 2008. He said in June they thought they had reached an agreement for a ten-year extension. At the end of July they got a 30- day notice to vacate the building, and they are here tonight to ask that the Council delay the actual change to January 1 in order to give them time to look for sites to relocate the clinic. He said they are not here to ask the Council to resolve the dispute, but they need more time in order to make an informed choice for their patients. Dan Grosskopf, Clinic Manager of Quello Clinic, said the clinic has been in the current location for 28 years and serves over 5000 families as a family practice and primary care facility. He said at this point they would have to relocate the staff to their Edina clinic because they do not have time to get another clinic location in play in Eden Prairie. MOTION: Aho moved, seconded by Nelson, to close the public hearing. Motion carried 5-0. Young said he understood the clinic's concern, but the Council is constrained in the grounds upon which we are entitled to make decisions. He asked Mr. Rosow to review the boundaries about timing and what the Council can consider. Rosow said the agenda item indicates that final action needs to be taken no later than October 2 when the review period under state law expires. If no action is taken by that date, the proposal would be automatically approved. The standard by which the Council is to evaluate development proposals is their compliance with the Comprehensive Plan and zoning requirements. The dislocation of a tenant and the disruption of business are not matters for the City Council under the purview of the zoning code and the Comprehensive Plan. If the Council was of the mind to delay action and gather more information, the Council could ask staff to bring back more information since you have until October 2 to make a decision without having a decision made for you. He said if the Council determined that any of the waivers that were part of the action were not appropriate, the Council could direct staff to develop findings of denial based on specific facts that say the waivers were not consistent with the Guide Plan and the zoning. In this case that would likely be a hard matter to draft because there aren't exterior changes to the building. He said CITY COUNCIL MINUTES August 18,2009 Page 7 the choices are to evaluate whether there is enough information with respect to the proposal before the Council, and either take action tonight or direct staff to bring back more information. Regarding the parking requirements for the change from office to community commercial,Nelson said she would like more information on the number of trips in and out of the facility and the impact on the neighborhood housing adjacent to it. Jeremiah said this has been reviewed by all our departments including the Traffic Engineer. She said the changes from a traffic perspective are expected to be very minor. With regard to the residential area, the site does not immediately adjoin single family housing. The senior housing building is closest to the site. There is adequate parking and adequate access to the site. She said the notice for Comprehensive Guide Plan and zoning changes has been done. Nelson noted there are differences between community commercial and office and asked what kinds of things could go in there in the long term after the change is made to community commercial. Jeremiah said there could be retail and low- impact service uses. Nelson asked if there could be a gas station. Jeremiah said a gas station would require a different approval process. Nelson asked what kinds of things could be included if an entirely different building were constructed. Jeremiah said the site has a pretty limited size, so it would be service or retail uses such as a dry cleaner. Nelson asked how high a new building could go on this site. Jeremiah said we would not allow a substantial multi-story building because additional height would require additional parking. Rosow noted a site plan review would have to be completed and approved if any such changes were made in the future. Case said, in listening to the discussion, the reality of the impact is quite minimal, and he thought we seem to be getting into a landlord-tenant issue with the request from Quello. MOTION: Case moved, seconded by Aho, to adopt Resolution No. 2009-52 for Guide Plan change from office to community commercial on 1.2 acres and to approve 1st reading of the ordinance for Planned Unit Development district review with waivers, and zoning district change from office to community commercial on 1.2 acres. Young noted this is a difficult situation but we are constrained in what we can do and we can't simply put it off even though we may want to. We have to apply the same standards to every matter that comes before the Council; however, this does remain a small town in which relationships do matter, and he would encourage the owner and landlord to accommodate Quello as best they can. Duckstad said the Council does not have jurisdiction to resolve the issue presented, so his obligation on this is to address the motion. VOTE ON THE MOTION: Motion carried 5-0. CITY COUNCIL MINUTES August 18,2009 Page 8 X. PAYMENT OF CLAIMS MOTION: Duckstad moved to approve the Payment of Claims as submitted. Neal said there were no Payment of Claims included with tonight's agenda because of a software problem. Nelson asked if the Payment of Claims will be available at the next meeting. Neal said it will be. Duckstad withdrew his motion. XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Council Member Case Case said during the recent National Night to Unite event he was invited to come out and look at an outlot in a neighborhood. He said over the years we have had many issues with the ownership, maintenance and care of outlots. This particular outlot concern simply raises the larger question of do we need to have a classification system of outlots so they are not all treated the same. In this case the houses surround the outlot, and the neighborhood wants to have a field to play in. The neighbors are willing to mow it so the kids can use it. He said this clearly was a different situation than some other outlots such as those that are next to a City park. He would like to see this referred to the Parks and Recreation Department to review the possibility of a classification system for outlots. Young said he agreed we have had a variety of discussions about outlots over the years, but he didn't know how we would create the classification system. He thought certain decisions have to remain discretionary among staff, and his initial reaction is that it would be hard to have a finite number of outlot definitions. Case said he has seen enough of these situations that seem to be different to think there might be another way to view it. He thought a classification system might give staff more flexibility in dealing with these situations. Neal suggested Mr. Lotthammer and he talk about it and give a report back at the September 1 meeting about our current practices and the specific outlot in question. CITY COUNCIL MINUTES August 18,2009 Page 9 2. Council Member Duckstad Duckstad said the Council is going to consider a report by Mr. Neal on the Prairieview liquor store lease later in the agenda. He said in the material Mr. Neal prepared he emphasized the importance of the revenue we need from the liquor stores. He said he understood the revenue will go into the CIP fund so he wanted to raise a request that Mr.Neal provide a list of the capital projects in the next two years which would be candidates to forego or postpone. Neal said he had that same discussion at the August 12 Budget Advisory Commission meeting, and he told them we would be taking a look at the list of projects in the CIP to see which additional ones can be postponed. He said he will compile a list and will share it with the Council. 3. Council Member Nelson Nelson said she is a member of the Southwest Light Rail Policy Board and they are sponsoring an open house tomorrow night from 6:30 to 8:00 PM at City Hall. She issued an invitation to anyone in the community interested in learning about the future of light rail in Eden Prairie to come to the open house. She said they will be making final decisions soon on where the stations and the light rail line are going in the community. B. REPORTS OF CITY MANAGER 1. November/December Meeting Neal said we are no longer required to have a Truth-in-Taxation hearing but we are required to have a budget hearing. The Truth-in-Taxation hearing is usually scheduled on a particular day, and that date has been set for us by the state. This year we don't have to have it on Monday,November 30, as we scheduled, but rather can have it on a regular City Council meeting date which would be on Tuesday, December 1. If that is what the Council would like, we would need a formal motion to change the schedule since it is planned for Monday,November 30. Nelson said she would prefer to see it on a regular City Council night. She thought we get fewer people to come when it is on an off night. The rest of the Council Members agreed. 2. Xcel Transmission Poles Neal said Council Member Duckstad raised a concern about the condition of some of the Xcel transmission poles along Highway 5. Dave Lindahl, Mr. Dietz and he have been talking to representatives from Xcel for a couple of months to discuss what their plans were and what they can do to correct it. Xcel has told us there are about 63 poles with 38 of them in Eden CITY COUNCIL MINUTES August 18,2009 Page 10 Prairie. It will cost about $23,000 per pole to paint the poles, and they are taking a look at that. They have agreed they want to get started on some of the painting work and will repaint four to eight poles this year. They will address the poles located in Eden Prairie first. 3. Prairieview Liquor Store Lease Neal said at the July 21 meeting the Council directed staff to do a couple of things. Staff has answered a lot of the questions and has had additional discussions with the mall ownership. There is a proposal included in tonight's packet along with additional information on the goldenrod paper. He said we started a couple of years ago to upgrade our three liquor stores. Staff is recommending we relocate the last store to be upgraded, Store#3, to the Snyder's location. It is our objective to create more revenue from our liquor system. He then presented graphics of the CIP revenue streams that showed liquor revenue at 20% of the total CIP revenue in 2007, 33% in 2008 and 47% in 2009. Because the market value homestead credit has been discontinued and interest income has drastically decreased, the revenue from liquor stores will have to increase to a little over 51% in 2011. Young said he didn't think anyone on the Council wants liquor revenue to go down, and he suggested Mr. Neal spend time justifying how the increase that might be achieved by moving would not also be realized if we remained in the current location. Neal said the scenario of keeping the store at the current location has some challenges. This particular store has its own submarket area. It has a larger market area than the other two, but we have less market capture in this area. We believe it is related to the size and location of the store and the diversity of the product we can offer there. The atmosphere and size of the store is impactful in reaching consumers, and we believe we have some good room to grow in this area. Young asked what year the City decided to reduce the size of this liquor store. Neal said it was probably 2003. Young said one of the pieces of information he asked for at the last meeting was additional information on sales at the different stores. He received that in two different formats for most years except for information for 2005. He said the information shows that the year we reduced the size of the store we had a 5.6% increase in gross sales. He asked if the data for the three stores in Table 6 is estimated or actual. Kotchevar said those are actual numbers. Young said at the last meeting the statement was made that Store 1 had a double digit increase following the move of that store, and he asked what period of time was captured in the data. Kotchevar said from July 2008 to July 2009 that store had a 14% increase. Young asked about the length of the current lease that is expiring. CITY COUNCIL MINUTES August 18,2009 Page 11 Kotchevar said it is a one-year lease. The original lease was for five years and we renewed for one year to give us time to negotiate a different size space. Young then said the one year lease was at $16.50 per square foot and asked what it was at the end of the five year lease. Kotchevar said it was approximately$16.00. Young noted the ten year lease proposal is at $21.50 per square foot and asked if that is the current commercial market rate. Frank Sherwood said he is the agent for the City and would prefer not to answer questions that are in the purview of the landlord; however he would refer it to Mr. Sontag, the representative of the agent, who is present tonight.Neal asked Mr. Sherwood if, in his estimate, we find that number in the marketplace. Mr. Sherwood said people located in that strip mall are paying substantially higher rates than that, but all real estate locations are unique. Young said he would like to know if, in this environment in 2009, rents are going up by that magnitude. Duckstad said he would like to know the approximate rate we should expect to pay so we can compare the rates and see if this is in the ball park. Mr. Sherwood said we started the process back in June of 2008 and that resulted in the $10.00 net rate that the City was interested in. The $21.50 rate is not unreasonable for renewal on a shorter term or smaller space. Duckstad then asked if, under the terms of the lease for our present situation at this store, we have time to delay this matter long enough to make sure we can negotiate this at a competitive rate. Mr. Sherwood said the lease expires on September 30, so it would be up to the landlord to allow a holdover. Duckstad asked if we could get more time to make sure we are on the mark and doing a good job of negotiating the lease. Rosow said the lease terminates on September 30 so unless the landlord granted us more time we would be in default and they could take action to have us removed from the premises. Case said it feels like we are analyzing a great deal to death. Our City staff and the experts are saying we should go ahead. We have an opportunity to grow the liquor enterprise operation to the great benefit of the taxpayers. We have one of the most successful liquor operations in the state. He was finding it difficult to understand why we are questioning the experts that we hired and our City Manager. He thought we would be hurting our taxpayers if we miss this opportunity. Young said there was an increase over the previous year sales in every one of our stores for the past nine years. By and large the increases have been pretty modest and he asked staff how to tease out from the numbers the fact that either proximity or size will allow us to grow the way it is expected. He said we are proposing to double the size of a store that has lagged the others in sales. He was just asking for someone to make the case to him so he could understand from the numbers why we should double the size of a laggard store. CITY COUNCIL MINUTES August 18,2009 Page 12 Nelson said for the last two years she has thought we should move to this location. The store seemed to be too small, and she has moved her business to the Den Road store. Store 3 is not doing what it should be doing, and we have a responsibility to put out a good product in municipal liquor. The new location is very visible, the parking is very easy, and it is close to the grocery store. Several people stopped her after the last meeting to comment on this issue and to say we need to do something about Store 3. She said she didn't raise any questions about doing the change at the Kowalski site because it seemed like it was necessary. She didn't feel like she should question the move for this one either because it is a site with better and easier parking and with better visibility. She was in favor of moving to this site and making the best use of the space we gain there. She thought it seems like a reasonable cost for a better operation. Aho said this store is closest to his home and he thought it was kind of a tight space. He could see some benefits of moving it closer to Rainbow, but he was very concerned about going to almost double the size. He was not sure we can generate enough increase in sales to offset the difference in cost of the lease and the cost to start up. He asked what the startup cost would be. Neal said it is about $400,000. Aho said he had a hard time seeing we will come out ahead on that if we spend almost$400,000 on top of the extra cost for the lease. He also questioned going into a ten year lease when the Minnesota legislature may potentially change the law to allow wine and beer sales in grocery stores. The proximity to the Rainbow store would not be advantageous if that change happens. We have one option where the rate per square foot is a good rate,but it is an inordinately large space in terms of what our needs are. He would like to ask staff to get a temporary lease in the current space if we can get a holdover and stay there temporarily until we can find an alternate solution. Duckstad said all three of our liquor stores are now generating close to $1,000,000 for our capital fund. We have to come up with $400,000 to retrofit the new space at a time when we have a money crunch. That puts a further crunch on our CIP fund, and he was not in favor of the change. Case said back in 2005 the McComb group did a market analysis of our liquor stores and came up with several recommendations, including a recommendation to relocate Store 3 in order to increase the size and improve the access and visibility. We have an opportunity here to actually fulfill the recommendation from the consulting firm we hired. Aho agreed that we need a bigger store and we do need a better location as well as an upgrade to the fixtures; however, he was not convinced we need to double the size. He thought we should look at it and find another location. He didn't think staying in the current location is a long-term solution. CITY COUNCIL MINUTES August 18,2009 Page 13 Case said we have an operation that is running really well and we are getting recommendations from the experts. He thought we are ignoring all the advice we paid for and are going down our own path and that didn't make sense to him. Neal said the Council has asked some good questions about how liquor stores operate, how the new location might be better, what happens with the new location, and how it would provide increased revenue. We have been relying on this 2005 report from the McComb group and have found it to be a reliable analysis and a valuable tool. He noted the author of the report, Jim McComb, is here tonight and could answer some of the questions. Young said the obligation of the Council is to take the recommendations from staff and consultants and utilize them to make good judgments. We are faced with a situation with timing that is imperfect and were given the proposal two months before the lease ends with just two options. We are trying to exercise judgment based on the data about sales. He didn't understand why we sell more beer and liquor at Store 3 than at Store 1, but where we lag at Store 3 is in wine sales. He asked why all these defects matter for wine sales but not for the other sales.Neal said this is not a consultant driven process or decision and Mr. McComb has actually given us some good advice about not doubling the size of the store. Mr. McComb said when his group began the analysis most recently they went back to the previous report and looked at Table 7 in the memo included in the Council packet. When his group did that report they made a reasonable effort to make a reasonable projection of what the sales would be at the three stores going forward. They looked at and compared it to the actual numbers included in Table 6 and found that the stores were outperforming the estimates, but Store 3 was outperforming by less. In the retail business market share is the name of the game. They had projected Store 1 would have increasing market share in its old location, Store 2 would have slightly decreasing market share, and Store 3 would have stable but slightly decreasing market share. The challenge for Store 3 is that it is small and doesn't have the same selection as the other stores. It doesn't have the same pleasing environment of the other stores and customers notice that. The Snyder store space has more space than is needed so their recommendation to the City was to not merchandise the entire space and possibly use only about 8000 square feet or less, similar to the Den Road store. The three liquor stores are capturing about 40% of the market share so there is a nice base of business. Store 3 could do better if it had more display space and more merchandise. He thought $10.00 per square foot is a good deal and what staff is recommending makes sense. Nelson said Stores 1 and 3 are actually fairly close and having a third store has costs. She asked what would happen to our overall market share if we only had two stores. McComb replied the market share would go down. She asked if it would be worth getting rid of a less appealing store to get rid of CITY COUNCIL MINUTES August 18,2009 Page 14 the expenses, or would we be better off to enlarge the store and turn it into something it really should be. McComb said the stores survive on the draw of the supermarkets. Cub has the largest trade area and the greatest draw so that store has the largest volume. Rainbow is a different market so it has its own customer base. The Rainbow customers would have to go somewhere else if you close Store 3, and they would not all transfer to one of the other two stores. Neal said we had that scenario analyzed in 2005 and at that time closing Store 3 would result in additional sales in the other two but not enough to compensate for the loss of business at Store 3. Neal noted Mayor Young had a question about the importance of wine and Mr. McComb indicated in a couple of places in his report the importance of shelf space devoted to wine. McComb said the one thing that defines the difference between liquor stores is the selection of wines they can offer. The linear space devoted to wine is what differentiates a store. Stores located in less affluent areas have less wine and more beer. In an affluent area it is good to have the ability to offer a full range of wines in a variety of price points. Duckstad said according to Table 7 Stores 1 and 2 have been enlarged, and he noted sales at Store 3 seem to have been competitive with Store 1. McComb said Store 3 has a slightly larger trade area but it sells less volume than Store 1. Duckstad said even though Store 1 was enlarged, Store 3 is competitive with it. McComb said it is close, but Store 3 has gaps in its performance and the difference is the wine. Mitch Dean, Liquor Operations Manager, said he took a look at some of the numbers regarding wine at Store 3. We have about 1/3 fewer varieties of wine because of the size of the store and what we can fit into it. It is a little less convenient for customers to shop there and a little more confusing. If we expand that store we would certainly be able to bring in many more types of wine like we have at the other locations. We would bring in more of those products and would have a better ability to sell wine. He noted our greatest markup is on wine. Young said we are all very happy and proud of the liquor store operations and the stores themselves. Neal said he regrets that staff has not been more convincing tonight because he thought this is the right thing to do. We can see from the numbers the store is profitable but it should be more profitable. He thought this strategy is a great way to get more in that market area. We have done the analysis over the years that three stores is the right number for the community and the stores should be located next to grocery stores. Matt Sontag, United Properties, said they very much appreciate the tenancy of the City and the liquor store in their shopping center. They very much want to reach an agreement that is good for both of us because they want the liquor store to succeed. CITY COUNCIL MINUTES August 18,2009 Page 15 Aho said he spoke to Mr. Sontag earlier today, and he asked if there is any way to subdivide the space and not take the full 9400 square feet. Mr. Sontag's answer was there really isn't a way to do that because of the depth of the space. Young said the information we got today was helpful but he was frankly not happy with either of the two options before us. Nelson said looking at the amount of money we will pay for a new lease it seems to be about $350,000 more in rent. If we stay where we are we will do similar business to what we are doing now, so ultimately that comes out of our profits. That will mean about a 1% increase in taxes, and she didn't want to do that this year. She thought if it is a matter of either increasing business or raising taxes and she would go with increasing business. Case said he understood the reticence to expend taxpayer dollars on anything. He thought seeing where we are in this current space looks flat and stagnant as we project out the revenues. He would like it to have less space and be next to Rainbow; however nobody knows the future. The experts we surround ourselves with say it is a good thing to take a chance on. We are at a point where it is a matter of spending taxpayer money with one route, but if you don't do that you will not get the revenue and will have to tax more. He thought it is a very reasonable, rational step to take with assurance from the experts who say it is a good deal. Young said he understood both sides of the issue, but he thought we should be accurate with the numbers. The real question is will the growth trajectories be different at Store 3. Duckstad thought we did the right thing to fully discuss the matter but in the final analysis he was not persuaded to support the motion. Case said he didn't fully understand what our alternatives are if we don't support the motion. He agreed it was not the best to be in this position and it feels like we are being rushed. Young said we have a lease that is up in six weeks. He saw under the current ten year term proposed lease there is some tenant improvement and City contribution dollars included. Kotchevar said that is the projected cost to remodel the current space which she based on the costs for the new space. Duckstad asked why the space could not stay the same instead of upgrading it. Kotchevar said it could stay the same. Neal said the options are that you could approve the proposed lease to relocate, or you could direct staff to go back and finalize a lease to stay at the current location because we haven't completed the negotiations on that. The Council could also direct staff to find another location. He said there was a period of time when we were at odds with the owners of the mall and CITY COUNCIL MINUTES August 18,2009 Page 16 were diligently looking for other locations but could not find another location that worked as well as this mall. The Council could also decline both lease proposals and ask us to close the store. He thought it would be wise to make that decision no later than September 1 in order to give notice to the owner and do something with the product and the store employees. Case asked about the annual net off this store. Kotchevar said it was $160,000 in 2008. Case said that means we would have to come up with 0.5% of new revenue to cover that. Young noted that revenue goes into the CIP, not general revenue. Aho said there are a lot of up front capital costs to expand the store plus there will be increased rent, and that store contributed roughly$200,000 of profit. It will hopefully have increased sales, but the question is whether that is enough to cover the increased cost. Neal said we would expect the new location would do $30,000,000 in sales in a ten year time period. Young was not convinced closing the third store is a good option. He would like to see head-to-head five-year proposals for the two spaces and some idea of whether a third location is a possibility. Aho said he would like to see an option for a seven year lease in the Snyder space and also would like to see a better negotiation of staying in the current space and a better idea of the cost to spruce it up a little to make it more in line with the other stores. He was not in favor of closing the store because we need three stores and this is a good location. Duckstad agreed and thought we should make one last concerted effort to do these things and get the additional information. Neal said staff will do that. Young asked if that would mean we would also postpone Item 4 to September 1. Neal said we would postpone that as well. He noted staff will need every day possible to work this up so the information may come out later than the regular packet. 4. Agreement with Scott W. Baker Associates Inc. 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 CITY COUNCIL MINUTES August 18,2009 Page 17 H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Duckstad moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Young adjourned the meeting at 9:36 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 1, 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. New Liquor License Licensee name: Kona Sushi, Inc DBA: Kona Grill 11997 Singletree Lane - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 1, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Office of City Manager, Information Technology/Lisa Wu Declare obsolete computer equipment as surplus Requested Action Move to: Declare obsolete computer equipment as surplus and authorize the City Manager to dispose of property to manage end of life computers, monitors and electronics using Asset Recovery Corporation's services and the State of Minnesota as authorized under City Code Section 2.86, Subd. 3. Synopsis The City has a surplus of end of life computer equipment. The computer equipment is of no use and will be recycled for the cost of$0.15 per pound. All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3. Attachment List of Surplus Equipment Device Brand Model # Serial# 21 PS2 Keyboards Computer Asus NA NA Computer Asus NA NA Computer Compaq P3 R205FHG20080 Computer Dell Dim 2400 J6S9631 Computer Dell Dimension 4550 8CJN621 Computer Dell Dimension 4550 9ZL6K21 Computer Dell E772M CN-06M556-61E-2720 Computer Dell LE800 3GT5S01 Computer Dell LE800 707MP01 Computer Dell LE800 6GT5S01 Computer Dell LE800 H3FG711 Computer Dell LE800 5BFG711 Computer Dell LE800 657QL01 Computer Dell LE800 D17MP01 Computer Dell Optiplex GX 270 JOVOW41 Computer Dell Optiplex GX 270 70RUW41 Computer Dell Optiplex GX 270 GN2H741 Computer Dell Optiplex GX 270 GXJPZ41 Computer Dell Optiplex GX 270 HXUPZ41 Computer Dell Optiplex GX 270 FDRKG51 Computer Dell Optiplex GX 270 DYXLG51 Computer Dell Optiplex GX 270 BDRKG51 Computer Dell Optiplex GX 270 7FRKG51 Computer Dell Optiplex GX 270 GWJPZ41 Computer Dell Optiplex GX 270 6N2H741 Computer Dell Optiplex GX 270 1SLBL71 Computer Dell Optiplex GX 270 J34C551 Computer Dell Optiplex GX 270 F34C551 Computer Dell Optiplex GX 270 GB4C551 Computer Dell Optiplex GX 270 9N2H741 Computer Dell Optiplex GX 270 CN2H741 Computer Dell Optiplex GX 270 1XJPZ741 Computer Dell Optiplex GX 280 HLPNR71 Computer Dell Optiplex GX 280 HJLN391 Computer Dell Optiplex GX 280 3TLBL71 Computer Dell Optiplex GX 280 BMPNR71 Computer Plextor NA NA Desktop Dell Optiplex GX 270 CDRKG51 Laptop Dell Inspiron 5000 4UMNY Laptop Dell Inspiron 500M FNMPG31 Laptop Dell Latitude D400 8QVV931 Laptop Dell Latitude D600 3LL3351 Laptop Dell Latitude D600 CPHQR41 Laptop Toshiba M200 24041354PU Laptop Toshiba M200 24068619PU Laptop Toshiba M200 34121654PU Laptop Toshiba M200 2404143PU Laptop Toshiba M200 24041517PU Laptop Toshiba M200 24102776PU Monitor Dell 1704 CN-0y4299-AM78 Monitor Dell 1704 CN-0y4299-AM75 Monitor Dell 1908FPC CN-0UW042-64180-743-1DNS Monitor Dell E772C CN-09MJ556-64180-24N-01KS Monitor Dell E772C CN-09MJ556-64180-24N-01PH Monitor Dell M782E CN-01K525-47803-314-LOEM Monitor Dell M783E MY-0X3782-47603-482-B6B5 Monitor Dell M783E CN-09556-47803-553-B565 Monitor HP Vectra VL2 342A03986 Monitor NEC JC1736VMS 1390MBU Monitor NEC LCD15X M1uv0-u Monitor NEC LCD17NXM 44504403ta Monitor NEC Multisync A700 272O16Y Printer HP Deskjet 970CX1 MY 06N1F20W Printer HP Laserjet 6P USBB028877 Printer HP LJ1000 CNBJ328440 Projector Sharp PGM20X 303320822 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 1, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Stuart A. Fox, Parks and Permit for Winter Use of the LRT Trail Natural Resources Manager Requested Action Move to: Authorize staff to submit a Winter Trail Activities Permit to Three Rivers Park District for the 2009-2010 winter season usage of the LRT trail. The winter activity use permit will run from November 15, 2009 to March 31, 2010. Synopsis Currently, Three Rivers Park District does not provide use or maintenance of the Regional LRT trail between November 15 and March 31 of each year; therefore, it is up to the City to request permitted use of the trail during this time. The City has entered into a permit agreement for the past several winters with Three Rivers to enable the public to hike/walk and or cross-country ski on the LRT corridor trail within the City. The park staff plows the LRT for walking activities but does not set tracks for cross county skiing. In addition the park staff does remove garbage from the trash receptacles along the trail during the winter months. Without the City applying and receiving a winter activities permit, the trail would be signed as closed and unavailable to the public. Attachment 2009-2010 Winter Trail Activities Permit Application THREE RIVERS PARK DISTRICT REGIONAL TRAIL SYSTEM 2009-2010 WINTER USE PERMIT Name of City ?RAira1C City Hall Phone '1S2.- 'I4I- 9360 Contact Person 5 2-1- FoX Phone qSZ- 949- g344 S' Contact Person Email Address s•-o)C e caer,nr't►V!S .of 5 Maintenance Contact Person W ;s boasivtae Phone QSz- 941- i g35 Maintenance Contact Person Email Address Wd uresrnore. ( ed0%We,6 w •dIr." Regional Trail From C®- • 2- (Sev'r)-I to LEY 1Le Authorized 2009-2010 Winter Activities Westliatat) c,t i i+' &,ro% e®voirs ) ) SrotA3Skeierl Regional Trail From to Authorized 2009-2010 Winter Activities Regional Trail From to Authorized 2009-2010 Winter Activities • Regional Trail From to Authorized 2009-2010 Winter Activities Regional Trail From to Authorized 2009-2010 Winter Activities Regional Trail From to Authorized 2009-2010 Winter Activities Authorization is hereby requested from the Park District Board of Commissioners to use portions of the Regional Trail Corridor for winter use activities between November 15, 2009 and March 31, 2010, as determined by each municipality within guidelines set forth herein on District property located within individual City boundaries. It is understood and agreed that approval from the Park District Board of Commissioners is contingent upon the following conditions: 1. The City agrees to defend, indemnify, and hold harmless the Park District, 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 respective contractors, anyone directly or indirectly employed by the, and/or anyone for whose acts and/or omissions they may be liable for related to the winter use of the Regional Trail Corridor. Nothing in this Agreement constitutes a waiver by the City of any statutory or common law defenses, immunities, or limits on liability. The City cannot be required to pay on behalf of itself and Three Rivers Park District, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466. If City maintains general liability insurance at the time this permit is issued, City shall provide the Park District with a Certificate of Insurance, naming Three Rivers Park District as an additional named insured. 2. The City agrees to maintain the trail, including, but not limited to, any plowing, sweeping, sanding, packing, trash pick-up, and sign replacement, between November 15, 2009 -March 31, 2010. For ice control on aggregate trails, Cities agree to use buff colored, 3/8" clear limestone chips from Edward Kramer and Sons, Burnsville, MN. Edward Kramer and Sons is the only aggregate pit that supplies the buff colored limestone that has been specified for use on these trails. Paved trails can be treated with a salt/sand mixture or other approved chemical treatments. The City further agrees to immediately address all safety issues on or adjacent to trails. 3. The City will provide signage at locations approved by the Park District, notifying the public of authorized winter activities within its city limits; activities may include, but are not limited to, hiking, biking, cross-country skiing, snowshoeing, or pet walking. Winter use signs must be installed by the City at designated locations prior to November 15, 2009 and removed by the City no later than April 15, 2010. These signs are totally the responsibility of each municipality. 4. Snowmobiling is not allowed on Park District regional trails. Permitted use for snowmobiles will be limited to direct crossings only. The Hennepin County Regional Railroad Authority (HCRRA) does not allow snowmobiling or other motorized use within its corridors. The Lake Minnetonka LRT Regional Trail, Minnesota River Bluffs LRT Regional Trail, and the Dakota Rail Regional Trail are located on HCRRA corridor property and permission for a snowmobiling crossing of either corridor must be obtained from the HCRRA prior to requesting permission from the Park District for a snowmobile crossing of the regional trail within the corridor. If a snowmobile crossing is permitted, cities must take steps to keep snowmobiles from damaging paved trails, bridges and other property. 5. The City agrees to enforce rules and regulations established by the municipality as part of its request for a Winter Use Permit. 6. The City agrees to repair all trail surface damage that occurs as a result of winter trail activities and/or maintenance, including, but not limited to, bituminous/concrete repair, bridge deck repair, grading or adding aggregate pursuant to guidelines established by the Park District. 7. The City agrees that winter trail use will be available to all persons, regardless of residence. Each City is required to submit its annual permit requests, including proposed rules and regulations, by September 18, 2009, after which the Park District may take up to 45 business days to process. Each permit request must be submitted as a result of formal City Council action, with accompanying verification, agreeing to the terms and conditions outlined by the Park District's Winter Use Permit. It should be further understood that no winter activity will be allowed on segments of the Regional Trail Corridor where municipalities do not request and receive permits. The Park District reserves the right to terminate a permit at any time, if the conditions set forth herein are not followed. Signed: Date: Title: (Authorized Representative of the City) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 1, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Resolution Amending the Official Meeting Dates Office of the City Manager for the City Council in 2009 Requested Action Move to: Adopt Resolution amending the official meeting dates for the City Council in 2009. Synopsis City Council agreed at the Augustl8th Council meeting to change the 5th Monday of November Council meeting to the first Tuesday of December. The Truth-In-Taxation Hearing will also be held on the first Tuesday of December. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2009- A RESOLUTION AMENDING RESOLUTION NO. 2009-09 DESIGNATING THE OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY COUNCIL IN 2009 BE IT RESOLVED,that Resolution No. 2009-09 is amended by changing the City Council meeting date from the 5th Monday of November to the first Tuesday of December. ADOPTED by the Eden Prairie City Council this 1st day of September, 2009. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 1, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Office of the City Manager Approve Mitel Agreement Schedule A Lisa Wu, IT Manager purchase from Integra Telecom Requested Action Move to: Approve Purchase Agreement with Integra Telecom. Synopsis As part of phone system scheduled hardware upgrade, the City of Eden Prairie needs to upgrade our Mitel Console Systems at the City's front desk and Police's front desk. The existing systems have been used over 10 years and the technology will no longer be supported. The total purchase will cost approximately$24,324, which is under our current phone operation budget. The new system will improve our Voice over IP phone system redundancy and provide better service. Attachment Mitel Agreement Schedule A from Integra Telecom #1 Dealer MITEL` �oo� fig '' 1 ELtCOM MITEL AGREEMENT SCHEDULE A Prepared For: City of Eden Prairie 8080 Mitchel Road, Eden Prairie, MN 55344 CONTACT: Lisa Wu PREPARED BY: Mike Baker DATE PREPARED: July 7, 2009 EMAIL: mgbaker@a integratelecom.com SYSTEM TYPE: MITEL 3300 ICP PHONE/ FAX: 763-745-8619/763-745-8719 QTY DESCRIPTION UNIT PRICE EXT'D PRICE Mitel 3300ICP 1 SX2000 Redundant Migration Program-free 2nd 3300 ICP MXe II Controller to 376.25 376.25 1 SX2000 Redundant Migration Program 3300 Gateway software package-200 1 Mitel Networks 3300 ICP MXe II Controller(maximum of 300 devices). 2,409.05 2,409.05 1 3300 Gateway software package-200 devices. Includes(1)3300 IP networking 2,356.20 2,356.20 2 *5550 IP Console-dark grey. Includes Telephony Keypad(IP Version),24 1,777.16 3,554.32 1 *Compatible with Windows 2000,XP and Vista.Pent 1GHz or faster, 1 GB 2 1 year of 3300 200 device software assurance. 693.00 1,386.00 1 Installation of IP equipment requires customer to agree to meet the Networking 0.00 0.00 2 ICP Dual FIM 338.80 677.60 2 3303 Single-mode Extended Dual FIM 1,219.68 2,439.36 600 Labor to reprogram existing extensions from SX2000 onto 3300 ICP 7 Labor to reconnect existing peripheral node to 3300 ICP after business hours. 1 Labor to reconnect existing DSU node to 3300 ICP after business hours. 1 MDF&Misc Material 385.00 385.00 Solution Investment Value includes: Integra Telecom's Local Personlized Service Model Dedicated Project Management Team 5-YEAR Guardian Parts Warranty: as described in Terms and Conditions. 1-YEAR Guardian Select Maintenance Labor: as described in Terms and Conditions. $1000 Emergency Response Guarantee: with Guardian Select Maintenance Plan. $1000 Emergency Spare Parts Inventory: with Guardian Select Maintenance Plan. *Free Upgrades- Manufacturer Software Assurance Program: as described in Terms and Conditions Lightning Protection & Surge Protection: as described in Terms and Conditions User Training: Training will be on site prior to installation as described in training section of proposal. *FREE UNLIMITED End-User Training with Guardian Select Maintenance Plan. Solution Investment: is for a turnkey installation and includes all material, labor, and necessary training. Does NOT include applicable tax. Terms and conditions of installation warranty, maintenance and scope of work are found in attached documents. Note: for applications requiring client software to be installed on customer provided PC's Integra Telecom will install(1) client to train the customer. Remaining clients will be the customer's responsibility to install. MITEL Retail Price $13,583.78 Installation Labor $10,740.13 SOLUTION INVESTMENT $24,323.91 Integra Telecom Confidential Page 1 of 2 Initials/ Date: / MITEL AGREEMENT SCHEDULE A Prepared For: City of Eden Prairie 8080 Mitchel Road, Eden Prairie, MN 55344 CONTACT: Lisa Wu PREPARED BY: Mike Baker DATE PREPARED: July 7, 2009 EMAIL: mgbaker@integratelecom.com SYSTEM TYPE: MITEL 3300 ICP PHONE/ FAX: 763-745-8619/763-745-8719 Financial Terms: ❑Cash Purchase: Initial 30%down at signing=$7,297, 60%due at installation=$14,594, remaining balance due (20) days after installation. Alternative payment terms may be required based on Customer's credit report. ❑Lease Transaction: Initial A security deposit is required upon execution of this agreement by Customer. The Standard security is equal to$ . The deposit will be remitted to the Leasing company upon credit approval. One time document fee added, leasing rates subject to change and are estimates only. ❑Tech Protect Transaction: Initial A security deposit is required upon execution of this agreement by Customer. The Standard security is equal to$ . The deposit will be remitted to the Leasing company upon credit approval. One time document fee added, Tech Protect rates subject to change and are estimates only. Estimated Lease Payments: Lease payments as quoted are estimates only and are based on the Solution Investment price and not any options that may be listed. Lease quotes do not include applicable sales tax. Cabling: Unless otherwise specified, price assumes all cabling to be place and can be used to complete desired installation. Additional cabling inside the building for the purpose of wiring telephone equipment shall be charged as noted herein. Any additional cabling requirements discovered during the course of installation are considered "Change Work"as described below. Customer is responsible for all 'stub ups'and associated conduit runs. *Software Assurance Program: Must be in good standing& enrolled in Guardian Select or Plus Maintenance programs. If customer cancels Guardian Maintenance program before 12 month term, customer is resposibile for any outstanding software assurance fees. Labor to install software upgrade is not included. Hardware upgrades that may be required are not included. Change Work: Additional or change work required during installation shall be subject to the same terms and conditions of this Agreement and shall incur an additional cost as detailed on a "Contract Change Order"which must be signed by an authorized representative of your organization prior to the additional work being undertaken. Hours of Installation: Installation shall be performed primarily during normal business hours, M-F 8AM to 5PM. Night or weekend work as required is charged at overtime rates and shall be noted in this agreement. Customer Location: Customer understands that this location is within Integra's Primary Geographic Service Area and, as such, is eligible for non-performance penalties pursuant to the Maintenance Agreement Terms and Conditions. By signing below, CUSTOMER agrees to all terms and conditions of"SCHEDULE A"AGREEMENT. Name Title Date City of Eden Prairie 8080 Mitchel Road, Eden Prairie, MN 55344 Name Title Date Integra Telecom Inc. 6160 Golden Hills Dr. , Golden Valley, MN 55416-1020 Integra Telecom Confidential Page 2 of 2 Initials/ Date: / #1 Dealer 1444 MITEL" integraa zoo? 1 ELbCOM SCHEDULE B - GUARDIAN MAINTENANCE PLAN ENROLLMENT Prepared For: City of Eden Prairie 8080 Mitchel Road, Eden Prairie, MN 55344 CONTACT: Lisa Wu PREPARED BY: Mike Baker DATE PREPARED: September 1, 2009 EMAIL: mgbaker@integratelecom.com SYSTEM TYPE: MITEL 3300 ICP PHONE/FAX: 763-745-8619/763-745-8719 In addition to providing our Guardian Protect Five (5) year parts performance guarantee, Integra is committed to customer satisfaction by providing the most comprehensive service and maintenance programs in the industry. Take advantage of our Special Pre-install enrollment incentives when you select either our Guardian Plus or Guardian Select maintenance plans and receive up to 45%off our Standard Pricing! Please select below the Maintenance Plan coverage you desire for the first year. All Guardian Maintenance Plans may be cancelled with 30 days written notice. (Coverage begins from the date upon which the Equipment is first installed.The 1st year is included FREE) MAINTENANCE PLANS OVERVIEW Guardian Select Plan: Initials Guardian Plus Plan: Initials •7 X 24 X 365 Service • 8-5, M-F Service(Normal Business Hours)Additional hours billed at time-and-a-half •Guaranteed Emergency Response—2 hours or • Guaranteed Emergency Response—2 hours or less or $1000 $250 • Guaranteed Emergency Spare Parts Inventory—In • Guaranteed Emergency Spare Parts Inventory—In stock or$1,000 stock or$250 • 15%discount on any additional Equipment purchases • 5%discount on any additional Equipment purchases while under Plan while under Plan • Unlimited Consultation Services • Limited Consultation Service available upon available upon request request • Non-emergency response—24 business hour • Non-emergency response—24 business hours • Unlimited On-Site End-User Training on system • Unlimited In-House Training for office personnel on functionality system functionality • Priority queue for service requests • Priority queue for service requests • Enhanced Power& Lightning Surge Protection coverage • Enhanced Power& Lightning Surge Protection coverage • Free Software Upgrades- Manufacturer Software • Free Software Upgrades- Manufacturer Software Assurance Program (refer to Schedule A agreement Assurance Program (refer to Schedule A agreement regarding terms and software applications covered) regarding terms and software applications covered) •Annual System Audit(covers system enhancements&network review) •Annual System Certification (preventive maintenance)once per year Choose a Payment Plan: Choose a Payment Plan: Enroll Now, Pay Now(save 45%off Standard Price) Enroll Now, Pay Now(save 31%off Standard Price) $1,095 per year ( ) #of Years ❑ $876 per year ( ) #of Years Enroll Now, Pay Later(save 39%off Standard Price) Enroll Now, Pay Later(save 24%off Standard Price) $1,216 per year $102 per month ❑ $973 per year n $82 per month Standard Price Standard Price $2,007 per year $1,277 per year APPENDIX A Municipal Contract Provisions Unless excluded by the applicable law the following provisions shall apply to this contract: 1. Definitions. The following definitions apply to this Appendix. 1.1 "City"means the City of Eden Prairie 1.2 "Contracting Party" means Integra Telecom, Inc. 1.3 "Contract"means the contract or agreement that this Appendix is attached. 2. Data Practices Act. The Contracting Party shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. § 1301, et seq., to the extent that the Act is applicable to data and documents in the hands of the Contracting Party. 3. Audits. The books, records, documents, and accounting procedures and practices of the Contracting Party or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Contract. 4. Income Tax Withholding. No final payment shall be made to the Contracting Party until the Contracting Party has provided satisfactory evidence to the City that the Contracting Party and each of its subcontracts has complied with the provisions of Minn. Stat. § 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. Note: Covered contracts are only those under which a contractor undertakes to supply labor or a combination of labor and materials for specific construction, repairs, rehabilitation or improvements. It does not apply to contractors for maintenance services or dealers, merchants and suppliers who supply materials only. The Dept of Revenue requires the form IC -134 only be submitted in connection with contractors on construction projects. Others are not required to submit the form so this paragraph only needs to be used on construction contracts. 5. Worker's Compensation. Contracting Party represents and warrants that it has and will maintain during the performance of this agreement worker's compensation insurance coverage required pursuant to Minn. Stat. § 176.181, subd. 2 and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worker's compensation insurance coverage provided to the City prior to execution of this agreement is current and in force and effect. 6. Discrimination. In performance of this contract, the Contracting Party shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of the Contracting Party, any subcontractor of the Contracting Party, or any applicant for employment. The Contracting Party shall include a similar provision in all contracts with subcontractors to this contract. The Contracting Party further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. § 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 7. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 8. Claims. To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 9. Prevailing Wa2e. If required by Minn. Stat. §§ 177.41 - 177.43, the Contracting Party shall pay all employees the prevailing wage for similar work in the area and shall pay at least time and a half for all overtime worked by its employees. The prevailing wage for similar work in the area is . The prevailing hours for similar work in the area are . The prevailing hourly basic rate of pay is . [Use only if state funds are involved in the contract.] 10. Contracting Party's Prompt Payment of Subcontractors. The contracting Party shall pay to any subcontractor within ten (10) days of the Contracting Party's receipt of payment from the City for undisputed services provided by the subcontractor. The Contracting Party shall pay interest of one and a half percent (1 1/2%) per month or any part of a month to a subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contracting Party shall pay the actual amount due to the subcontractor. 11. Limitation of Remedies In the event of a breach of the Contract by City, the Contracting Party shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. By signing this Appendix the parties acknowledge that the above provisions become part of the Contract unless excluded by applicable law. 2 Integra Telecom, Inc. City of Eden Prairie By By Its Its Mayor By Its City P:\Home\RFR\FORMS\Municipal\Municipal Contract Provisions 1-1-05.doc SCHEDULE A GUARDIAN WARRANTY AND INSTALLATION AGREEMENT TERMS AND CONDITIONS Integra Telecom,Inc.("INTEGRA TELECOM")will install the equipment listed at Schedule A and in any Contract Change Orders(CCOs)and MAC Purchase Agreements executed and attached thereto during the term of this Guardian Warranty and Installation Agreement(the Equipment)at the Customer's Premises and will warrant the Equipment free from defects in material and workmanship pursuant to the terms and conditions of sale and installation in this Guardian Warranty and Installation Agreement,which is attached to and made a part of Schedule A. Installation costs for CCO and MAC Purchase Agreements will be charged separately. I. DEFINITIONS Premises means the Customer's location in which the Equipment is installed. Breakdown means failure of a mechanical or electronic part of a covered component,or faulty workmanship of a covered component,as designed to function by its manufacturer. Covered Component means the Equipment or a component thereof. Cutover Date means the date upon which the Equipment is installed and available to provide the main source of the Customer's telephone service. II. SCHEDULE OF COVERAGES The following hardware breakdown coverage applies: INTEGRA TELECOM will repair or replace the Equipment under the terms of this Guardian Warranty and Installation Agreement for a period of five(5)years following the Cutover Date,where such repair or replacement is due to a breakdown of the Equipment or any component thereof.Notwithstanding the foregoing,no Equipment purchased during the term of the warranty will have coverage of less than one year. In the event that any Equipment is purchased under a MAC Purchase Agreement in the final year of the five-year term,coverage for that Equipment only will extend for its entire one-year term even though it extends beyond the five-year term otherwise in effect. Equipment of like kind and quality will be used to replace any Equipment or components. III. GENERAL PROVISIONS A. Warranty Period:Coverage begins on the Cutover Date and extends for a period of five years following the Cutover Date,terminating on the last day of the fifth year. Notwithstanding the foregoing,no Equipment purchased during the term of the warranty will have coverage of less than one year. In the event that any Equipment is purchased under a MAC Purchase Agreement in the final year of the five-year term,coverage for that Equipment only will extend for its entire one-year term,even though it extends beyond the five-year term otherwise in effect. B. Coverage:All Equipment and components for Breakdown and Power Surge. C. Coverage exclusions: Coverage under this Guardian Warranty and Installation Agreement does not include: 1. REPAIR OR REPLACEMENT OF ANY EQUIPMENT OR COMPONENT THEREOF NOT LISTED ON SCHEDULE A OR ANY CCO OR MAC PURCHASE AGREEMENT ATTACHED THERETO. 2. REPAIR,REPLACEMENT,MODIFICATIONS,ALTERATIONS,ADDITIONS OR ENHANCEMENTS WITHOUT PROPER AUTHORIZATION FROM INTEGRA TELECOM. 3. REPAIR OR REPLACEMENT OF ANY COVERED COMPONENT AFTER THE EXPIRATION DATE OF THE GUARDIAN WARRANTY AND SERVICE AGREEMENT. 4. MOVING OR ADDING EQUIPMENT,INSTALLATION OF EQUIPMENT,OR DAMAGE OR BREAKDOWN CAUSED BY OR RESULTING FROM MOVING, ADDING OR INSTALLING EQUIPMENT,OR IMPROPER OR NEGLIGENT INSTALLATION. 5. ANY BREAKDOWN OR DAMAGE CAUSED BY NEGLIGENCE,ABUSE OR MISUSE OR EQUIPMENT,WHETHER INTENTIONAL OR ACCIDENTAL. 6. THE REPLACEMENT OF COMPONENTS THAT ARE OBSOLETE OR NOT OBTAINABLE. 7. SOFTWARE MATERIALS,SOFTWARE CORRECTIONS OR PROGRAMMING,REMOVABLE MEDIA OR PROGRAMS,DATA OR OTHER MATERIAL CONTAINED ON THE REMOVABLE MEDIA,INCLUDING BUT NOT LIMITED TO,RECORDS,REMOVABLE DISKS,TAPES,FILMS OR CASSETTES,NOR FOR LABOR ASSOCIATED WITH PROGRAMMING,REPROGRAMMING OR BACKUP OF THE SAME. 8. CORDS,WIRING,CABLING,HEADSETS,JACKS,BATTERIES FOR POWER SUPPLIES OR BACKUP SYSTEMS,OR EXPENDABLE ITEMS SUCH AS BULBS,BATTERIES,FUSES AND SURGE PROTECTORS. 9. ANY BREAKDOWN OR DAMAGE RESULTING FROM EXPOSURE OF COVERED COMPONENTS TO ENVIRONMENTAL CONDITIONS,INCLUDING TEMPERATURE EXTREMES,OR FROM EXPOSURE TO WEATHER OR OTHER CONDITIONS FOR WHICH THE COVERED COMPONENTS ARE NOT DESIGNED,AS SPECIFIED BY THE MANUFACTURER. 10. EXTERNAL CAUSES SUCH AS,BUT NOT LIMITED TO,INSUFFICIENT HEATING,VENTILATION AND AIR CONDITIONING. 11. THE ADDITION OF ANY EQUIPMENT OF COVERED COMPONENTS WHEN SUCH EQUIPMENT IS ACQUIRED THROUGH ANY SOURCE OTHER THAN DIRECTLY FROM INTEGRA TELECOM. 12. LABOR ASSOCIATED WITH COVERED BREAKDOWN REPAIRS OR REPLACEMENTS,OR NORMAL SERVICE/MAINTENANCE OR PREVENTATIVE MAINTENANCE. SUCH LABOR MAY BE PROVIDED ACCORDING TO THE TERMS OF CUSTOMER'S MAINTENANCE PLAN. 13. MANUFACTURERS'DEFECTS OR"NO TROUBLE FOUND". 14. ANY BREAKDOWN IF THE CUSTOMER'S REPAIR INFORMATION IS FRAUDULENT. GUARDIAN WARRANTY AND INSTALLATION AGREEMENT TERMS AND CONDITIONS (continued) D. Transferring Coverage:This Guardian Warranty and Installation Agreement may not be assigned to another party without receiving prior written approval from INTEGRA TELECOM.Such approval will not be unreasonably withheld. E. Voiding of Contract Agreement:INTEGRA TELECOM may cancel this Guardian Warranty and Installation Agreement at any time in the event that modifications,alterations,additions or repairs are made to the Equipment by someone other than INTEGRA TELECOM. F. Limitation of Liability: Except as specifically provided in this Guardian Warranty and Installation Agreement,there are no other warranties regarding the sale or installation of the Equipment,express or implied,including but not limited to,any implied warranties of merchantability or fitness for a particular purpose. In no event shall INTEGRA TELECOM be liable for loss of profits,benefits,indirect,consequential or similar damages even if INTEGRA TELECOM has been advised of the possibility of such damages. INTEGRA TELECOM's liability for any and all monetary damages is limited to an amount not to exceed the total purchase price for the Equipment in question regardless of the form in which any legal or equitable action may be brought against INTEGRA TELECOM. No action,regardless of form,arising out of this transaction under this Guardian Warranty and Installation Agreement may be brought by either party more than one year after the cause of action has occurred;except that an action for non-payment may be brought within one year after the date of the last payment. G. Security Interest: INTEGRA TELECOM reserves a purchase money security interest in the Equipment in the amount of the unpaid balance of the purchase price of the Equipment(the Purchase Price)until payment in full of the Purchase Price in accordance with the terms and conditions set forth in Schedule A. A financing statement may be filed with the appropriate public authorities and the Customer agrees to sign any forms presented to it by INTEGRA TELECOM at any time to protect INTEGRA TELECOM's security interest. H. Risk of Loss: INTEGRA TELECOM shall bear the risk of loss or damage to the Equipment while at the Premises until the Cutover Date except for loss or damage caused by the Customer's negligence,or from improper storage of the Equipment or storage in areas accessible to unauthorized persons. After the Cutover Date,all risk of loss or damage to the Equipment shall be borne by the Customer. I. Default: If the Customer breaches any provision of this Guardian Warranty and Installation Agreement,including,without limitation,its payment obligations under Schedule A,the Customer shall be in default hereunder and the entire unpaid balance of the Purchase Price shall,at INTEGRA TELECOM's option,become immediately due and payable. INTEGRA TELECOM shall then have all rights and remedies of a secured party under the Uniform Commercial Code and any other applicable laws. INTEGRA TELECOM shall be entitled to recover reasonable attorney's fees and costs of collection associated with enforcing its rights hereunder. INTEGRA TELECOM may charge interest on overdue amounts at a rate of up to 1.5%per month, but not in excess of the highest rate permitted by law. J. Uncontrollable Circumstances: If the performance of any part of Guardian Warranty and Installation Agreement by INTEGRA TELECOM is prevented,hindered,delayed or otherwise made impractical by reason of any flood,riot,fire,strike,explosion,war,or any other cause beyond the control of INTEGRA TELECOM,INTEGRA TELECOM shall be excused from such performance to the extent that it is prevented,hindered or delayed by such causes. All delivery and installation dates and the intended Cutover Date are approximate,and INTEGRA TELECOM shall under no circumstances be liable for damages-special,incidental or consequential-resulting from delays in delivery,installation or Cutover. K. Credit: INTEGRA TELECOM is authorized to investigate or appoint an agent to investigate Customer's credit standing. L. Additions or Deletions: Any additions or deletions to the Equipment described on Schedule A will adjust the Purchase Price. M. Taxes: Unless otherwise provided,Customer will be liable for the payment of all taxes associated with the purchase and installation of the Equipment. N. Customer Responsibilities: The Customer will obtain the consent of its landlord or building owner to install the Equipment and any other necessary approvals and permits and will pay the charge therefore. The Customer understands the Purchase Price does not include the use of Teflon cable or conduit.Any use of Teflon cable or conduit would result in additional cost added to the Purchase Price. The Customer understands that network telecommunications services provided by INTEGRA TELECOM,if any,are under a separate contract and do not affect obligations under this contract in any way. Customer will provide INTEGRA TELECOM with prompt notice of the breakdown of any Equipment and take immediate action to prevent further damage to the Equipment. O. Miscellaneous: This Guardian Warranty and Installation Agreement is tendered to the Customer for execution by it but shall not be binding upon INTEGRA TELECOM until accepted in writing by a Manager or Corporate Officer of INTEGRA TELECOM Deposit or other acceptance of the payment tendered herewith shall not constitute acceptance of this agreement.The Customer's offer made hereby shall be irrevocable for a period of 30 days from the customer's execution hereof. This Guardian Warranty and Installation Agreement,along with Schedule A and any other attachments thereto,constitute the entire agreement between the parties relative to the sale and installation of the Equipment and supersede all prior negotiations and statements.This agreement may not be amended or supplemented except by an instrument in writing executed by both Parties. In the case of INTEGRA TELECOM,such execution must be by a Manager or a Corporate Officer.This Guardian Warranty and Installation Agreement shall be governed by and construed in accordance with the laws of the State in which the Equipment is installed.If any provision of this Guardian Warranty and Installation Agreement shall be held to be invalid,illegal or unenforceable,the validity,legality or enforceability of the remaining provisions shall in no way be affected or impaired. INTEGRA TELECOM and Customer each represent that they have the power and authority to enter into this Guardian Warranty and Installation Agreement and that the same constitutes a valid and binding obligation of each party. SCHEDULE B MAINTENANCE TERMS AND CONDITIONS INTEGRA TELECOM agrees to perform Maintenance(as defined below)of the equipment listed in Schedule A and any other equipment purchased from INTEGRA TELECOM(the Equipment)by City of Eden Prairie(Customer)during the term of the Maintenance Plan. The Maintenance Plan consists of these Maintenance Terms and Conditions and the terms and conditions selected by Customer under Schedule B,to which these Maintenance Terms and Conditions are attached and made a part. Coverage and Standards. The coverage and standards for Maintenance to be performed under the Maintenance Plan are as follows:INTEGRA TELECOM shall provide repair,labor,and replacement parts as necessary to keep the Equipment operating at a level equal to or better than it is at the time this Maintenance Agreement goes into effect. All parts supplied shall be at least equal to the original,and may be new or used as circumstance dictates.INTEGRA TELECOM shall supply the labor,tools, and materials necessary to perform Maintenance. Enhanced Power Surge Protection.With the exception of the Guardian Standard Maintenance Plan,Maintenance Plans include Enhanced Power Surge Protection,which covers repair or replacement of Equipment damaged by a Power Surge. A Power Surge means a sudden,transient increase or oscillation in electronic current or voltage.A naturally occurring Power Surge may result from an abrupt,discontinuous natural discharge in the atmosphere.An artificially occurring Power Surge could result from any number of problems affecting the quality and voltage of electric output from public utilities. Enhanced Power Surge Protection coverage will only apply if the original surge protection equipment to be installed by an authorized INTEGRA TELECOM representative has not been disconnected by an unauthorized party at the time of the Power Surge. Basic Power Surge Protection. Guardian Standard Maintenance Plan includes Basic Power Surge Protection,which covers damage of Equipment caused by an artificially occurring Power Surge from Electrical outlets connected directly to the Equipment. Except for the foregoing,INTEGRA TELECOM makes no other warranties,express or implied,regarding the Maintenance of the Equipment. Response to a Request for Maintenance. Maintenance work shall be performed only at the Customer locations listed in this Agreement. Response is defined as,and may include one or more of,the following:verbal communication between Customer and an INTEGRA TELECOM representative consisting of discussing,triaging and providing temporary solutions;access by INTEGRA TELECOM to the systems remotely via modem;or the dispatch of an INTEGRA TELECOM field service engineer if required. The Customer agrees to provide access to its facilities as required for INTEGRA TELECOM to properly perform Maintenance. When INTEGRA TELECOM receives notice of an Emergency Maintenance Request from the Customer,a representative will respond within two(2)hours of said notification or INTEGRA TELECOM agrees to pay Customer the non-performance penalty included in Customer's Maintenance Plan,unless Customer is located outside of INTEGRA TELECOM's standard geographic service area. An Emergency Response required for Guardian Plus Service Plan Customers that is authorized by Customer to be performed outside of Normal Business Hours(8:00 AM-5:00 PM M-F)will be billed at one and one-half times INTEGRA TELECOM's Standard Hourly Labor Rate then in effect. When a Non-Emergency Maintenance Request is received,an INTEGRA TELECOM representative will make reasonable efforts to respond within twenty-four(24)hours of notification.This 24 hour period does not include weekend or holiday hours. An Emergency Maintenance Request is defined as a situation consisting of one or more of the following conditions: •Complete failure of the system,including the inability to complete any internal or external calls; •Failure of a critical component affecting 20%of the ports,an attendant console,or the voice mail system;or •Failure of a component resulting in an n emergency or critical situation as determined by Customer management(or designate)and accepted as such at the discretion of INTEGRA TELECOM. A Non-Emergency Maintenance Request is defined as one not defined as an Emergency Maintenance Request. Exclusions. Maintenance service under the Maintenance Plan does not include: •Work on any Equipment at a location not listed in the Maintenance Plan; •Changes to,additions of,or removal of items,features,or attachments as requested by the Customer; •Repair or replacement of lost or stolen parts or materials;repair or replacement of items damaged through accident,negligence,abuse,misuse,disconnection or connection with incompatible equipment;failure of electrical power or air conditioning;riot or other civil disturbance;strike or labor trouble;sabotage;fire; flood;electrical storms;acts of God;or other acts beyond the control of INTEGRA TELECOM; •Troubleshooting and/or resolving any issues involving Customer's use of the public internet for Voice Over Internet Protocol(VOID)application. •Repairs necessitated due to Customer programming or errors;or •Repairs or work following the termination of the Maintenance Plan. Adds,moves,changes,and other requested items not included in Maintenance as defined herein(commonly known as MAC work)shall be performed at the request of the Customer in accordance with INTEGRA TELECOM's then-current rates for the requested service. Customer Responsibilities. Customer will provide INTEGRA TELECOM with a"Letter of Agency"if necessary to allow INTEGRA TELECOM to act with and on behalf of the Customer to resolve service outages and troubles with Customer's local and long distance telephone operating company(ies). Customer agrees to keep its switch room clean and to maintain an environment which is ventilated and will not exceed 85 degrees Fahrenheit,30%-70% relative humidity. Limitation of Liability. In no event shall INTEGRA TELECOM be liable for indirect,incidental,or consequential damages(including lost profits)sustained or incurred in connection with services to be performed,performed,or not performed,or in connection with products furnished,regardless of the form of action,and whether or not such damages were foreseen or unforeseen.INTEGRA TELECOM shall not be liable in any way including but not limited to:delay, failure in performance,loss or damage due to any of the following force majeure conditions:fire,strike,embargo,explosion,power failure,flood,war,water, storms,labor disputes,civil disturbances,government requirement,civil or military authority,acts of God and public enemy,inability to secure replacement parts or materials,shortages of transportation facilities,acts or omissions of telecommunications carriers,severe adverse travel conditions,or other conditions and causes beyond its reasonable control. INTEGRA TELECOM's liability for any and all monetary damages is limited to an amount not to exceed INTEGRA TELECOM's then-current Standard Maintenance Rate for one month of maintenance for the Equipment in question,regardless of the form in which any legal or equitable action may be brought against INTEGRA TELECOM. No action,regardless of form,arising out of this transaction under the Maintenance Plan may be brought by either party more than one year after the cause of action has occurred;except that an action for non-payment may be brought within one year after the date of the last payment. Term and Termination. The Maintenance Plan will remain in force from the date upon which Equipment is first installed and available to provide the main source of the Customer's telephone service(the"Cutover Date")for a minimum term of one year. Additional coverage is available under the terms and conditions of INTEGRA TELECOM's various Maintenance Plans. The maintenance coverage on all equipment added to the Maintenance Plan will expire on the last day of the Initial Term or any Renewal Term thereafter. INTEGRA TELECOM will submit to Customer an invoice for a Renewal Term prior to the end of the Initial Term as specified on Schedule B,unless Customer elects to decline any ongoing maintenance coverage on Schedule B. The Maintenance Plan will automatically renew unless Customer notifies INTEGRA TELECOM in writing 30 days prior to the termination of the Initial Term or any subsequent Renewal Term that Customer will not renew the Maintenance Plan. In the event that Customer timely submits a notice of cancellation prior to the end of a Renewal Term,INTEGRA TELECOM will credit the Customer a pro-rated amount for any unused maintenance coverage paid for,less the 30-day notification coverage p INTEGRA TELECOM reserves the right to terminate or suspend the Maintenance Plan should the Customer fail to make timely payment to INTEGRA TELECOM under the terms of the Maintenance Plan,or should any unauthorized person or company perform any work pertaining to or having any effect on the equipment covered under this Agreement or for any other material default by Customer under the terms of the Maintenance Plan,after 10 days notice of default and failure to cure. INTEGRA TELECOM reserves the right to terminate or suspend the Maintenance Plan should the Customer fail to make timely payment to INTEGRA TELECOM under the terms of the Maintenance Plan,or should any unauthorized person or company perform any work pertaining to or having any effect on the equipment covered under this Agreement or for any other material default by Customer under the terms of the Maintenance Plan,after 10 days notice of default and failure to cure. Miscellaneous. The Maintenance Plan constitutes the entire Agreement between the parties regarding maintenance of the Equipment and will supersede all prior offers,negotiations,letters,documents,and Agreements relating to this subject matter. No amendments of this Agreement will be valid unless in writing and signed by the Customer and INTEGRA TELECOM. This Agreement is made under and will be subject to the laws of the State in which the Equipment was installed. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 20, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Paul Sticha, Office of City IT Remodel Project Manager, Facilities Requested Action Move to: Award Construction Contract for IT Remodel project to Doran Construction for $48,186.00 Synopsis Quotes were received on Thursday, August 14, 2009, for the IT Remodel project. Two quotes were received and are tabulated as follows: Company Name Base Bid McFarland Construction $50,890.00 Doran Construction $48,186.00 Background Information This work is for the construction remodel of the old PROP area, which is being converted to the new IT Offices. After meetings with the IT Department, architectural drawings were created and distributed to two companies for quotes. Staff recommends that the contract be awarded to Doran Construction. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 1, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Stuart Fox, Parks and Natural Award Bid for Duck Lake Trail,Valley View Resources Manager, Parks and Road and Edenvale Blvd. Trail Recreation Reconstruction to Bituminous Roadway Inc. Motion Move to: Award contract for reconstruction of bituminous bike trail along portions of Duck Lake Trail, Valley View Road and Edenvale Blvd. to Bituminous Roadway Inc. in the amount of$68,257.00. Synopsis The City advertised for reconstruction of the eight foot wide bituminous trail along Duck Lake Trail, Valley View Road and Edenvale Blvd. Specifications for the work were prepared and the City received quotes from four contractors. The work includes replacing 4,820 lineal feet of existing 8 foot wide trail and installation of six pedestrian/handicap ramps at various roadway crossings. Background The scope of this project is to replace several existing 8 foot wide bituminous bike trail segments that are in extremely poor condition. In 2008 these three trail segments were rated as the poorest quality trail sections in a city wide trail and sidewalk assessment that was done by GoodPointe Technology. These trail sections cannot be repaired using surface treatments such as a rock chip seal coat or a new bituminous overlay of the existing trail. Full replacement of the trail is needed to provide a safe and useable trail. Full replacement of the bituminous trail will involve milling (grinding up)the existing surface and adding or supplementing the underlying base with additional crushed rock prior to repaving. In a few areas where poor load bearing soil conditions are present a polypropylene geotextile fabric will be placed under crushed rock to provide a firmer sub-base prior to repaving the trail. The money for doing this trail reconstruction comes from the Capital Improvement Project funding in the Public Works Department for the reconstruction and new construction of trails and sidewalks along road right of ways throughout the City. Bid Summary and Recommendation The summary of the bids submitted is as follows: • Bituminous Roadways, Inc. $68,257.00 • Northwest Asphalt, Inc. $79,164.00 • Midwest Asphalt, Inc. $104,321.45 • Wm. Mueller& Sons, Inc. $115,379.50 Staff estimate for this project,based on 2008 bid/quote information, was $75,000. Each of the submitters met the guidelines as detailed in the bid specification and staff recommends the contract be awarded to Bituminous Roadways,Inc. The sidewalk replacement project work will begin in mid-September with completion by early October. City staff will be restoring the private property lawn areas. Attachments Trail Reconstruction Location Maps i I • '9dj, i . f , ,,,, .:,,,, 4.,,,,;,e w ../ L '''''',., -TRAIL CCA}S 2 400 44. 1 i r. atx+ r.04 I i 3 Si�clxFve:R4i3.- sTi3'gii.EYGLS GIG2Ch13 ,., P -__ y.,---- : / ' MN \ ilk----c 1i;jii1I Ilacrinit / ,____A•u%k, 7 7 gp ---. -:T. 0„-- 4410\;:-Aitr , - tViiii,•7\.‘1":11---'%:h::::.ilf:#1,''''- t oz:co .iiifillni \ : ''.— .,-,"* . --ir \\ P ' -***S''''N•41711141.11 14411" i iii:-.,:wi imilma '44* .'.. --:,, i. hk/Olaint . m isik PB____:' ---------- . la ' \‘ ..‘,'-, 7Yrt--/ Will**- W Pill Siiiaii ,A4‘;•. .„ .. \,\ it szipi, - .,, ,.. iNtiow. . to \.,,ti*,-* \,,,, ,a077, .,.\,, 0:11 __ _ _--- lbiblik Asst". '(:- ' #\.,4* maw& ____,..4 . . 1, p.:: 4,„„, letreln4Srg" . . A\ \ . i t taii-E) 3ivacf..d.Aie,AreAi3: iGq t[os OS - 2`:':5 II s. V. T1 �4qz 4. ilk . . . • jahh... _...._ VALY.;dt d= =' _. - ill '1 ra t .. tt .:r goal igehlfr\--;:,---- LT .4011,"il ..",„ ,,,s,,, ..." 10 \ iille Of — i, nckas- 40E)Loos on 2na CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 1, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.• VIILH. Community Development Agreement for the use of CDBG funds between Director Janet Jeremiah the City of Eden Prairie and City Hill Fellowship Molly Koivumaki, Housing & Church Community Services Manager Requested Action Move to: Approve the CDBG affordable housing grant agreement between City and City Hill Fellowship Church and authorize the Mayor and City Manager to execute the agreement. Background In March, 2009, the City Council authorized the use of$100,000 in CDBG funds for an affordable housing initiative, as part of the 2009 CDBG allocation plan. The housing initiative involves a house to be built on property owned by City Hill Fellowship Church, which will be operated as an affordable rental unit for an income eligible household. The home will be constructed by students in the Hennepin Technical College Construction Trades program and will incorporate a series of"green"technologies to achieve increased energy efficiency. This project helps the City meet affordable rental housing goals, assists in the promotion of green construction technologies, and offers the staff and students of Hennepin Technical College's Eden Prairie campus a very good location to showcase their program. Attachments City of Eden Prairie Grant Agreement CITY OF EDEN PRAIRIE GRANT AGREEMENT THIS AGREEMENT, made and entered into this day of September, 2009, by and between New Testament Church, a Minnesota non-profit corporation, d/b/a City Hill Fellowship having its principal office at 12901 Roberts Drive, Eden Prairie, Minnesota 55346 (hereinafter referred to as "Recipient"), and the City of Eden Prairie, a body corporate and politic of the State of Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344, (hereinafter referred to as the "City"). WHEREAS, Recipient owns the parcel of property legally described Lot 1, Block 1, City Hill Fellowship Church Addition and hereinafter referred to as the "Real Property"; WHEREAS, Recipient desires to construct a home ("Home") on the Real Property to be used as an affordable rental unit as more fully set forth in this Agreement; WHEREAS, the City intends through this Agreement to provide Recipient with Fourteen Thousand and no/100 dollars ($14,000.00) as a grant (hereinafter referred to as "the Site Preparation Grant") to be used for the survey, demolition, excavation and related work necessary to prepare the site for the construction of the Home on the Real Property and to provide Recipient with One Hundred Thousand and no/100 dollars ($100,000.00) as a grant (hereinafter referred to as "the Construction Grant") to be used for the construction of the Home on the Real Property (the Site Preparation Grant and the Construction Grant are collectively referred to herein as the "Grant"); and WHEREAS, Recipient and the City desire to set forth the terms under which the Grant shall be provided by City to Recipient. NOW, THEREFORE, in consideration of said Grant, the receipt and sufficiency of which is hereby acknowledged by Recipient, and in accordance with Minnesota Statutes, the parties hereto do hereby agree as follows: 1. Use Grant Proceeds. Recipient shall use the Site Preparation Grant proceeds solely to perform the survey, demolition, excavation and related work necessary to prepare the site for the construction of the Home on the Real Property. Recipient shall use the Construction Grant proceeds solely toward the construction of the Home on the Real Property. The work performed under the Site Preparation Grant and the Construction Grant is collectively referred to herein as the "Work". All Work shall be subject to the City's approval. 2. Affordable Rental Property. Recipient shall operate the Home as a rental home for a period of ten (10) years commencing on the date the Grant funds are disbursed to Recipient. Recipient shall rent the Home only to families whose income is no greater than 80% of the median income of the Twin Cities Metropolitan area as determined by Department of Housing and Urban Development (hereinafter HUD). Such use by Recipient is hereinafter referred to as "Affordable Rental Property." The Twin Cities Metropolitan area is defined in Minnesota Statutes § 473.121, subd. 2. 3. Disbursement Site Preparation Grant Funds. The City shall be obligated to disburse the Site Preparation Grant funds only upon showing by the Recipient, to the City's sole satisfaction, that the following conditions have been met: 3.1. A Certificate of Good Standing from the Minnesota Secretary of State for the Recipient, together with executed copies of Recipients Articles of Incorporation and bylaws and all amendments thereto and resolution thereof certified to as being true and correct. 3.2. A current Action by Written Consent of the Board of Directors of the Recipient, duly authorizing and ratifying this Agreement, which Action certifies the name of the Officers authorized to execute this Agreement. 3.3. Recipient is in full compliance with all other terms and conditions of this Agreement. 3.4. Proof sufficient to City that Recipient has secured financing for the remainder of the construction costs of the Home. 3.5. Submission to City of an executed contract, satisfactory to City, between Recipient and either the State of Minnesota or the Hennepin Technical College for construction of the Home. 4. Conditions to Advance of Construction Grant. The first advance of the Construction Grant Funds, except as otherwise stated below subsequent advances, will not be made unless: 4.1 Recipient has executed and delivered to City all of the documents required to be executed and delivered under this Agreement. 4.2 This Agreement is a second and prior lien on the Real Property subject only to those exceptions or encumbrances approved in writing by City. 4.3 No construction has been commenced upon the Land and no actual or visible improvement has been made to the Land prior to the proper recording of this Agreement, and no mechanic's lien (either prior or subordinate to the Agreement) has been filed. 4.4 The un-advanced proceeds of the Construction Grant are, in City's reasonable opinion, sufficient to complete the Improvements. 4.5 No default exists under this Agreement or any documents to be executed or delivered upon this Agreement. 4.6 Recipient has provided to City evidence of insurance policies as required by this Agreement. 4.7 Upon the request for the first advance, a Certificate of Good Standing from the Minnesota Secretary of State for the Recipient, together with executed copies of Recipients Articles of Incorporation and bylaws and all amendments thereto and resolution thereof certified to as being true and correct. 4.8 Upon the request for the first advance, a current Action by Written Consent of the Board of Directors of the Recipient, duly authorizing and ratifying this Agreement, which Action certifies the name of the Officers authorized to execute this Agreement. 5. Draw Requests. Subject to the other terms and conditions of this Agreement, Borrower may request advances of the Construction Grant two times per month during the course of construction. Such requests shall be made in the form of pay orders and shall be accompanied by appropriate receipt and waiver of mechanic's lien rights. Each pay order and accompanying receipt and waiver of mechanic's lien rights form shall be completed by Recipient and delivered to the subcontractor or suppliers to be paid. An authorized representative of the subcontractor or supplier shall execute a sworn receipt and waiver of mechanic's lien rights form and mail it directly to City for payment. Upon receipt of the pay orders and the waiver of mechanic's lien rights forms for a particular advance, City shall have the right to inspect the Real Property to determine whether the materials have been delivered and the work completed. City may refuse to honor any pay order in the event that the materials delivered or the workmanship completed is unsatisfactory. City may, at its option, make such payment, in whole or in part, to Recipient or directly to the subcontractors or suppliers. No advances shall be made until the Recipient performs the terms and conditions to be kept and performed by it under this Agreement. 6. Repayment of Site Preparation Grant. Recipient agrees to the following repayment obligations: 6.1 If the Real Property is sold, transferred or otherwise conveyed(whether by deed, contract for deed, assignment or otherwise), whether voluntarily or involuntarily, within five (5) years from the date of this Agreement,Recipient shall repay the Grant. 6.2 If the Home ceases for any reason to be used by Recipient as an Affordable Rental Property within five (5) years after the date of this Agreement, Recipient shall repay the Site Preparation Grant. 6.3 If Recipient ceases operations for any reason within five (5) years after the date of this Agreement, Recipient shall repay the Site Preparation Grant. 6.4 Recipient shall give written notice to the City thirty (30) days prior to the occurrence of any of the events listed in Paragraphs 5.1 through 5.3, and repayment shall be made by Recipient immediately upon the occurrence of any of said events. 6.5 In the event repayment is required, Recipient agrees to pay interest on the sum subject to repayment at the rate of five percent (5%) per annum from the date the Site Preparation Grant is tendered to Recipient. 6.6 Payments shall be delivered to the office of the City, or at such other place as the City may designate. 7. Repayment of Construction Grant. 7.1 Upon the occurrence of any of the following Recipient shall repay the Construction Grant provided, however, that Recipient's repayment obligations shall be pro-rated based upon the length of time remaining on the ten (10) year term set out in paragraph 25 of this Agreement. The Repayment obligation shall expire ten (10)years after the date of tender of the Construction Grant. i. If the Real Property is sold, transferred, or otherwise conveyed (whether by deed, contract for deed, assignment or otherwise), and whether voluntarily or involuntarily. ii. If the Home ceases for any reason to be used by Recipient as a rental home for families whose income is no greater than 80% of the area median income of the Twin Cities Metropolitan area as determined by HUD. iii. If Recipient ceases operations for any reason. 7.2 Recipient shall give written notice to the City thirty (30) days prior to the occurrence of any of the events listed in Paragraphs 6.1.1 through 6.1.3, and repayment shall be made by Recipient immediately upon the occurrence of any of said events. 2 7.3. In the event repayment is required, Recipient agrees to pay interest on the sum subject to repayment at the rate of five percent(5%)per annum from the date the Construction Grant is tendered to Recipient. 7.4 Payments shall be delivered to the office of the City, or at such other place as the City may designate. 8. Recipient's Covenants. Recipient covenants,warrants, represents and agrees, that so long as a repayment obligation exists under this Agreement as follows: 8.1. The Real Property is owned by Recipient as of the date of the Grant, and Recipient has no present intention to rent the Real Property, or to sell, assign, or transfer Recipient's interest in the Real Property to another except as an Affordable Rental Property; 8.2 The proceeds of the Grant will be used only for the Work described in Paragraph 1; 8.3. Recipient shall comply with the applicable section of 24 CFR 570.200, particularly section (j) relating to Constitutional prohibitions Concerning Church/State Activities which prohibits Recipient from engaging in inherently religious activities such as worship, religious instruction, or proselytizing as part of the services funded by this Grant; 8.4 Recipient shall keep the Real Property free from liens not specifically consented to in writing by the City; Recipient shall not create, permit to be created or allow to exist any filed liens (unless Recipient provides City with a title insurance policy insuring over any liens(s) other than Permitted Encumbrances), charges or encumbrances on the Real Property other than the lien of general real estate taxes and special assessments not yet due and payable and Permitted Encumbrances on the Property; 8.5 Recipient shall at all times maintain the property so that it is in compliance with all state and local laws and regulations; 8.6 Recipient shall provide an annual performance report that includes demographic information on the household, a statement of the monthly rent charged, an accounting of the rent received, an accounting of the expenses incurred, and any other information reasonably requested by the City; 8.7 Recipient has made no material misstatement of fact in connection with Recipient's application for the Grant; 8.8 Recipient shall not assign this Agreement or any interest hereunder or all or any of the Grant to be made hereunder except as permitted under paragraph 13 hereof; 3 8.9 Recipient shall not create, permit to be created or allow to exist any filed liens (unless Recipient provides City with a title insurance policy insuring over any liens(s) other than Permitted Encumbrances), charges or encumbrances on the Real Property other than the lien of general real estate taxes and special assessments not yet due and payable and Permitted Encumbrances on the Property; 8.10 Recipient has all the requisite power and authority to own the Real Property and to execute, deliver and perform all of its obligations under this Agreement and the execution and delivery thereof, and the carrying out of the transactions contemplated hereby shall not violate, conflict with or constitute a default under the terms of any note, bond, debenture, or other evidence of indebtedness or any contract, agreement or lease to which the Recipient is a party, or by which the Real Property is subject, or violate any law, regulation or order of the United States or the State of Minnesota or any agency or political subdivision thereof, or any court order or judgment or any proceeding in which Recipient is or was a party, or by which the property of Recipient is bound; 8.11 This Agreement constitutes the legal, valid and binding obligation of Recipient, enforceable against the Recipient in accordance with its terms, subject to bankruptcy, insolvency, reorganization and similar statutes affecting the rights of creditors generally and enforceability of obligations as subject to the general principles of equity; 8.12 No consent, approval, order or authorization of, or registration, declaration or filing with any governmental authority, is required in connection with the valid execution or delivery of this Agreement or carrying out or performance of any transactions required or contemplated hereby, or if required, such consent, approval, order or authorization shall have been obtained or such registration, declaration or filing shall have been accomplished prior to the tender of the Grant; 8.13 To diligently proceed with the Work in accordance with all applicable laws and ordinances; and 8.14 To obtain and maintain at all times during the Work(a), (b) and (c)hereunder and at all times thereafter while the repayment obligation remains (d) hereunder and from time to time, at the request of City, to furnish City with proof of payment of the premiums on the following: (a) Builders' risk insurance in an amount equal to the great of the Grant or one hundred percent (100%) of the insurable value of the Work at the date of completion and with coverage available on a so-called "all risk", non- reporting form of policy, the City's interest to be protected in accordance with a lender loss payable clause in form and content satisfactory to City. 4 (b) Comprehensive general liability insurance, including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance in an amount equal to the claim limits specified in Minnesota Statutes Section 466.04, as amended. The policy shall name City as an additional insured. (c) Workers' compensation insurance with statutory coverage. (d) Homeowners insurance in at least the value of the Home. (This insurance shall be effective no later than the time of issuance of a Certificate of Occupancy.) (e) All policies of insurance shall contain the following clause: "It is agreed that this policy shall not be canceled nor the coverage reduced until thirty (30) days after the City of Eden Prairie shall have received written notice of such cancellation or reduction by certified mail." The insurance policies shall specifically insure Recipient's indemnification obligations set forth in this Agreement. (f) This section is not a waiver of the liability limits specified in Minnesota Statutes Section 466.04, as amended. Such polices of insurance shall be in form and content reasonably satisfactory to City and shall be placed with financially sound and reputable insurers licensed to transact business in the State of Minnesota and shall contain an agreement of the insurer to give not less that thirty (30) days' advance written notice to City in the event of cancellation, change or non-renewal of such policy affecting the coverage thereunder. 9. Grant of Lien. As security for Recipient's covenant and obligation for repayment as herein provided, Recipient hereby grants, and the City shall and hereby does have, a lien on the Real Property (the "Lien"), together with all hereditament and appurtenances thereto, in the full amount necessary to satisfy Recipient's repayment obligation and the cost, including reasonable attorney fees of collecting the same. 10. Events of Default. Any one of the following shall constitute an event of default: 10.1 Recipient's failure to cure a breach of any covenant, term or condition contained in this Agreement for a period of thirty (30) days after written notice, specifying the breach and requesting that it be cured, given to Recipient by the City, unless the City shall agree in writing to an extension of such time prior to its expiration. 10.2 If any representation or warranty made by Recipient herein shall prove at any time to be, in any material respect, incorrect or misleading as of the date made. 10.3 The adjudication of Recipient as bankrupt by a court of competent jurisdiction, or the entry by such a court of an order approving a petition seeking reorganization of Recipient under the federal bankruptcy laws or any other applicable law or statute of 5 the United States of American or any State thereof; or the appointment by such a court of a trustee or receiver or receivers of Recipient or of all or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor's suit. 10.4 The filing by Recipient of a petition in voluntary bankruptcy or the making by it of a general assignment for the benefit of creditors or the consenting by it to the appointment of a receiver or receivers of all or any substantial part of the property of Recipient; or the filing by Recipient of a petition or answer seeking reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the filing by Recipient of a petition to take advantage of any debtor's act. 11. City's Remedies. Whenever Recipient is in default under this Agreement, the City may exercise any one or more of the remedies below. 11.1 The City may declare the principal sum of the either or both of the Site Preparation Grant and the Construction Grant, plus all other amounts that may be owed by Recipient to the City pursuant to this Agreement, to be immediately due and payable. Recipient hereby confesses judgment in said amount, and hereby authorizes and empowers the City to enter said judgment. 11.2 The City may, in its sole discretion, foreclose on the Real Property by judicial proceedings or sell the Real Property at public auction and convey the same to the purchaser in fee simple in accordance with Minnesota statutes, and out of the moneys arising from such sale retain all sums secured hereby, with interest and all legal costs and charges of such foreclosure and the maximum attorney fee permitted by law, which costs, charges and fees Recipient herein agrees to pay. 11.3 The City may take whatever action at law or in equity may appear necessary or appropriate to collect the principal sum of the either or both of the Site Preparation Grant and the Construction Grant, plus all other amounts that may be owed by Recipient to the City pursuant to this Agreement, or to enforce performance and observance of any obligation, agreement or covenant of Recipient under this Agreement. 11.4 No remedy herein conferred is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof; but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy set forth in this Agreement, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required by applicable law. 12. Indemnity. Recipient does hereby agree to defend, indemnify, and hold harmless the City, its elected officials, officers, agents, volunteers and employees from and against all costs, 6 expenses, claims, suits, or judgments arising from or growing out of any injuries, loss or damage sustained by any person or corporation, including employees of Recipient and property of Recipient, which are caused by or sustained in connection with the tasks carried out by the Recipient under this Agreement. 13. Data Privacy. In carrying out its duties under this Agreement, Recipient agrees to abide by the provisions of the Minnesota Government Data Practices Act and all other applicable state and federal laws, rules, and regulations relating to data privacy or confidentiality, and as any of the same may be amended. Recipient agrees to defend, indemnify and hold the City, its elected officials, officers, agents, volunteers and employees harmless from any claims resulting from the Recipient's unlawful disclosure and/or use of such protected data. 14. Third Party Agreements. Recipient may subcontract this Agreement and/or the services to be performed hereunder, whether in whole or in part, only with the prior consent of the City and only through a written Third Party agreement acceptable to the City. Recipient shall not otherwise assign, transfer, or pledge this Agreement and/or the services to be performed hereunder, whether in whole or in part, without the prior consent of the City. 15. Administrative Requirements. Recipient shall comply with the uniform administrative requirements delineated in 24 CFR 570.502 that are applicable to Recipient's performance under this Agreement. 16. Program Income. Recipient shall retain any program income and shall use said program income to maintain the Real Property and/or Home or for other purposes within the scope of this Agreement and CDBG guidelines that benefit low and moderate income persons. Recipient shall provide the City an accounting of all program income, both annually and upon reasonable request by the City. The City reserves the right, at the end of each program year, to require remittance of all or part of any program income balances (including investments thereof) held by Recipient. 17. Access to Records, Audit. The City shall have authority to review any and all procedures and all materials, notices, documents prepared by Recipient in implementation of this Agreement, and Recipient agrees to provide all information required by any person authorized by the City to request such information from Recipient for the purpose of reviewing the same. The books, records, documents, and accounting procedures and practices of Recipient or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor during and for a period of six years after the termination date of this Agreement. 18. Affirmative Action and Equal Employment Opportunity 18.1 During the performance of this Agreement, Recipient agrees to comply with the State and Federal laws, rules and regulations, applicable to Recipient involving non- discrimination on the basis of race, color, creed, religion, age, sex, disability, marital status, public assistance status, or national origin. 7 18.2 The Recipient will furnish all information and reports required to comply with the provisions of 24 CFR Part 570 and all applicable state and federal laws, rules, and regulations pertaining to discrimination and equal opportunity. 19. Non-Discrimination Based on Disability 19.1 Recipient shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, to ensure that no otherwise qualified individual with a handicap, as defined in Section 504, shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination by the Recipient receiving assistance from the City under Section 106 and/or Section 108 of the Housing and Community Development Act of 1974, as amended. 19.2 When and where applicable, Recipient shall comply with, and make best efforts to have its third party providers comply with, Public Law 101-336 Americans With Disabilities Act of 1990, Title I "Employment," Title II "Public Services"— Subtitle A, and Title III "Public Accommodations and services Operated By Private Entities" and all ensuing federal regulations implementing said Act. 20. Lead-Based Paint. Recipient shall comply with the Lead-Based Paint notification, inspection, testing and abatement procedures established in 24 CFR 570.608. 21. Lobbying. 21.1 No federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 21.2 If any funds other than Federal appropriated fund have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement Recipient will complete and submit Standard Form-LLC, "Disclosure Form to Report Lobbying," in accordance with its instructions. 22. Attorney's Fees. In the event Recipient should default under any of the provisions of this Agreement and the City should employ attorneys or incur other expenses for the collection of the amounts due hereunder or the enforcement of performance of any obligation or agreement on the part of Recipient, Recipient will on demand pay to the City the reasonable fee of such attorneys and such other expenses so incurred. 8 23. Agreement to Run with the Land. This Agreement shall run with the aforementioned Real Property and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. Wherever used, the singular shall include the plural, and the plural shall include the singular. All covenants and agreements of Recipient shall be joint and several. 24. Severability. In the event any provision or clause of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof 25. Waiver. In the event any covenant, term or condition contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. 26. Termination. If, after ten (10) years from the date of the disbursement of the Construction Grant proceeds, Recipient is not in default under any terms of this Agreement, Recipient's repayment obligations set forth herein shall terminate. 27. Notice. In addition to any notice required under applicable law to be given in another manner, any notice provided for in this Agreement shall be effective when mailed by certified mail, return receipt requested, to the address below or such other address the receiving party may designate in writing. To: The City of Eden Prairie ATTN: City Manager 8080 Mitchell Road Eden Prairie, Minnesota 55344 To: City Hill Fellowship ATTN: Kevin C. Warkentien 12901 Roberts Drive Eden Prairie, MN 55346 28. Governing Law. This Agreement is deemed made within the State of Minnesota and shall be governed by and interpreted in accordance with Minnesota law. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the Minnesota State Courts, and exclusive venue for any such action shall be in Hennepin County, Minnesota. 29. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior discussions between them with respect to the subject matter hereof This Agreement may not be modified except by a written agreement dated subsequent to the date of this Agreement and signed by both parties. IN AGREEMENT,the Parties have executed this Agreement as of the date first written above. NEW TESTAMENT CHURCH, D/B/A CITY HILL FELLOWSHIP 9 Kevin C. Warkentien,Financial Administrator CITY OF EDEN PRAIRIE Phil Young, Mayor Scott H.Neal, City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2009, by Kevin C. Warkentien, the Financial Administrator of New Fellowship Church, d/b/a, City Hill Fellowship, a Minnesota non-profit corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2009, by Phil Young and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public This instrument was drafted by: Gregerson,Rosow, Johnson&Nilan,LTD 650 Third Avenue South, Suite 1600 Minneapolis, MN 55402-4337 (612) 338-0755 10 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims September 1, 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 Due to technical problems, the August 18 Payment of Claims was not included on the August 18 Council Agenda. This Council Packet includes the checks, wire transfers and bank purchasing card transactions for both August 18 and September 1. August 18 Payment of Claims Checks 188096— 189564 Wire Transfers 3511 —3546 3538—3545 US Bank Purchasing Cards - July September 1 Payment of Claims Checks 189565 — 189984 Wire Transfers 3547—3555 City of Eden Prairie Council Check Summary 8/18/2009 Division Amount Division Amount General 2,624,671 315 Economic Development 1,288,205 100 City Manager 467 502 Park Development 150 101 Legislative 9,233 503 Utility Improvement 1,173,019 102 Legal Counsel 38,508 509 CIP Fund 78,219 110 City Clerk 558 512 CIP Trails 83,556 111 Customer Service 22,231 513 CIP Pavement Management 710,943 112 Human Resources 898 515 Fire Station#4 4,769 113 Communications 13,775 522 Improvement Projects 2006 379 114 Benefits&Training 21,072 Total Capital Project Funds 3,339,240 131 Finance 981 132 Housing and Community Services 27,505 601 Prairie Village Liquor 354,798 133 Planning 7,296 602 Den Road Liquor 479,287 136 Public Safety Communications 8,999 603 Prairie View Liquor 277,492 137 Economic Development 370 605 Den Road Building 9,511 138 Community Development Admin. 1,580 701 Water Fund 358,053 150 Park Administration 4,091 702 Sewer Fund 566,387 151 Park Maintenance 62,719 703 Storm Drainage Fund 59,227 153 Organized Athletics 21,491 Total Enterprise Funds 2,104,755 154 Community Center 22,013 155 Beaches 1,196 803 Escrow Fund 93,114 156 Youth Programs 26,477 806 SAC Agency Fund 22,000 157 Special Events 42,840 Total Agency Funds 115,114 158 Adult Recreation 3,873 159 Recreation Administration 6,370 807 Benefits Fund 2,685,456 160 Therapeutic Recreation 1,304 809 Investment Fund 6,261 161 Oak Point Pool 6,631 810 Workers Comp Insurance 2,493 162 Arts 16,546 811 Property Insurance 184,818 163 Outdoor Center 16,611 812 Fleet Internal Service 200,788 166 CC-Therapeutic Recreation 784 813 IT Internal Service 41,712 167 CC-Youth Programs 2,152 814 Facilities Capital ISF 388,127 168 Arts Center 13,306 815 Facilites Operating ISF 116,200 180 Police 26,584 816 Facilites City Center ISF 124,849 183 Emergency Preparedness 549 817 Facilites Comm.Center ISF 101,959 184 Fire 85,543 Total Internal Service Funds 3,852,664 200 Engineering 1,629 201 Street Maintenance 427,179 202 Street Lighting 67,295 Report Totals 13,202,750 Total General Funds 3,635,327 300 Heritage Preservation Grants 2,125 301 CDBG 34,153 303 Cemetary Operation 1,359 304 Senior Board 282 308 E-911 21,296 309 DWI Forfeiture 1,423 312 Recycle Rebate 1,427 Total Special Revenue Funds 62,065 418 HRA 2002A Lease Revenue Bonds 43,425 421 2003A Park Bonds Refunding 19,546 423 2003C Open Space Bonds 15,708 427 2005 G.O.IMPR BONDS 350 432 G.O.Improvement Bonds 2006C 14,556 Total Debt Funds 93,585 City of Eden Prairie Council Check Register 8/18/2009 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 3519 1,621,760 US BANK TRUST RMSA Other Deductions Health and Benefits Health Care Savings 188346 1,557,375 HENNEPIN COUNTY PUBLIC WORKS-F Improvement Contracts Improvement Projects 2006 County Road 4 to 212 188334 914,122 GMH ASPHALT CORPORATION Asphalt Overlay Street Maintenance Bituminous Overlay 188966 537,414 GENERAL GROWTH PROPERTIES INC TIF Payment Project Fund TIF Payment 188995 466,175 JOHN A DALSIN&SON INC Other Contracted Services Utility Improvement Fund Water Plant Roof Repair 189137 363,180 PETERSON BROS ROOFING AND CONS Building CIP-Bond Garden Room Roof Repair 3521 297,595 WELLS FARGO MINNESOTA N A Federal Taxes Withheld Health and Benefits Federal Taxes Withheld 189418 278,359 JOHN A DALSIN&SON INC Other Contracted Services Utility Improvement Fund Water Plant Roof Repair 188190 261,903 METROPOLITAN COUNCIL ENVIRONME Licenses&Taxes Sewer Utility-General MCES Monthly Fee 189022 261,903 METROPOLITAN COUNCIL ENVIRONME Licenses&Taxes Sewer Utility-General MCES Monthly Fee 188441 237,667 SILVERCREST PROPERTIES TIF Payment Project Fund TIF Payment 189127 232,679 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Medical/Dental Premiums 189045 211,422 NORTHWEST ASPHALT Improvements to Land Capit Impr./Maint.Fund Round Lake Tennis Court Reconstruction 188219 184,800 PRECISION SEALCOATING INC Crack Filling Street Maintenance Crack Filling 188766 181,446 LEAGUE MN CITIES INS TRUST Insurance Property Insurance Property Insurance Premium 189124 178,438 ENCOMM MIDWEST INC Other Contracted Services Utility Improvement Fund Well#16 3532 172,138 WELLS FARGO MINNESOTA N A Federal Taxes Withheld Health and Benefits Federal Taxes Withheld 188887 165,000 CM CONSTRUCTION COMPANY INC. Building Fire Station#4 Fire Station#4 Roof Repair 188309 140,692 DOMINIUM TIF Payment Project Fund TIF Payment 3522 121,918 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 3537 121,687 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 188452 113,161 TE MILLER DEVELOPMENT LLC TIF Payment Project Fund TIF Payment 188950 111,182 ENCOMM MIDWEST INC Other Contracted Services Ulitity Improvement Fund Well#16 188453 109,045 TEALWOOD CARE CENTER TIF Payment Project Fund TIF Payment 189112 104,486 XCEL ENERGY Electric Wireless Communication Monthly Electricity 188443 98,228 SM HENTGES&SONS INC Improvement Contracts Flying Cloud Dr improvements 189255 90,000 OLYMPUS VENTURES Deposits Escrow 188852 82,221 XCEL ENERGY Electric City Hall-CAM 188328 76,307 FRANK J ZAMBONI&CO INC Repair&Maint-Ice Rink Ice Arena Maintenance 3516 72,363 ING Deferred Compensation General Fund 188849 70,449 WM MUELLER AND SONS INC Gravel Water System Maintenance 188464 69,021 VALLEY PAVING INC Improvement Contracts Public Works Storage Fixed 188462 68,091 UNITED PROPERTIES TIF Payment Project Fund 189204 60,636 HANSEN THORP PELLINEN OLSON Other Contracted Services Improvement Projects 2006 3528 57,981 WELLS FARGO BANK MINNESOTA NA Interest HRA 2002A Lease Revenue Bonds 189040 56,543 NEW WORLD SYSTEMS Other Assets CIP-Bond 188418 55,595 PRAIRIE VILLAGE LMTD PARTNERSH TIF Payment Project Fund 3520 53,747 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 188706 50,000 CLEARWATER RECREATION Other Assets Park Acquisition&Dev Fixed A 188974 43,716 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Prosecution 3515 41,800 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 188999 41,287 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store 188167 40,345 JOHNSON BROTHERS LIQUOR CO Transportation Prairie Village Liquor Store 189220 38,887 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 189017 37,628 MCKINSTRY ESSENTION INC Other Contracted Services CIP-Bonds 188371 36,863 JOHNSON BROTHERS LIQUOR CO Liq Inventory Credits Prairie Village Liquor Store 3527 35,254 US BANK TRUST NATIONAL ASSN Interest 2003A G.O.Park Refunding Check# Amount Vendor/Explanation Account Description Business Unit Explanation 188757 34,258 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 188977 34,142 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 3533 33,599 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 189422 32,463 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 189080 31,091 ST CROIX ENVIRONMENTAL INC Design&Engineering Utility Improvement Fund 189561 30,764 THANE HAWKINS POLAR CHEVROLET Autos Park and Recreation 189228 30,615 LOGIS LOGIS Water Accounting 189087 29,892 THORPE DISTRIBUTING Beer Prairie View Liquor Store 188310 29,354 E H RENNER&SONS Other Contracted Services Utility Improvement Fund 188098 28,855 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM 189014 28,854 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 188994 28,570 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 189385 28,350 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire 189033 27,703 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 189125 27,591 FRONTIER PRECISION INC Machinery&Equipment Sewer System Maintenance 189560 27,432 THANE HAWKINS POLAR CHEVROLET Autos Park and Recreation 189285 27,369 SIGNATION SIGN GROUP INC Signs Capit Impr./Maint.Fund 189562 27,305 THANE HAWKINS POLAR CHEVROLET Autos Fire 188991 25,645 J&D WINDOW CLEANING Building Repair&Maint. Water Treatment Plant 189121 24,204 DIVERSE BUILDING MAINTENANCE Janitor Services Den Bldg.-CAM 188149 24,133 WIRTZ BEVERAGE MINNESOTA Wine Domestic Den Road Liquor Store 189563 23,351 THANE HAWKINS POLAR CHEVROLET Autos Police 188390 23,220 MIDWEST FENCE&MFG COMPANY Improvements to Land Cemetary Fixed Asset 188342 22,807 WIRTZ BEVERAGE MINNESOTA Transportation Prairie Village Liquor Store 188771 22,124 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store 189400 22,032 WIRTZ BEVERAGE MINNESOTA Wine Domestic Prairie Village Liquor Store 188308 21,997 DIVERSE BUILDING MAINTENANCE Janitor Service Arts Center 189497 21,949 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store 188776 21,780 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 188459 21,120 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 188367 21,119 JJ TAYLOR DISTRIBUTING MINNESO Liquor Prairie Village Liquor Store 189521 20,450 YALE MECHANICAL INC Contract Svcs-HVAC Prairie Village Liquor Store 3531 20,433 ING Deferred Compensation General Fund 3545 20,230 US BANK Purchasing Cards Various Departments 188752 20,039 JJ TAYLOR DISTRIBUTING MINNESO Liquor Prairie Village Liquor Store 188250 20,011 THORPE DISTRIBUTING Beer Den Road Liquor Store 188719 20,000 EMERGENCY COMMUNICATIONS NETWO Other Contracted Services E-911 Program 189275 20,000 RES SPECIALTY PYROTECHNICS INC Other Contracted Services July 4th Celebration 189559 19,959 THANE HAWKINS POLAR CHEVROLET Autos Police 188381 19,802 WIRTZ BEVERAGE MINNESOTA BEER Misc Taxable Prairie Village Liquor Store 189456 19,175 PARROTT CONTRACTING INC Equipment Repair&Maint Water System Maintenance 189117 18,987 ABM JANITORIALSERVICES-NORTH C Janitor Services Police City Center 189436 18,349 WIRTZ BEVERAGE MINNESOTA BEER Misc Taxable Prairie View Liquor Store 188184 17,556 WIRTZ BEVERAGE MINNESOTA BEER Beer Den Road Liquor Store 188315 17,538 ENVIRONMENTAL PROCESS INC Building Facilities Capital 188145 17,423 GRAYMONT Treatment Chemicals Water Treatment Plant 189398 17,336 GRAYMONT Treatment Chemicals Water Treatment Plant 189378 17,334 DIVERSE BUILDING MAINTENANCE Janitor Services Den Bldg.-CAM 189203 17,052 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 189215 16,927 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 188734 16,565 WIRTZ BEVERAGE MINNESOTA Transportation Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 188677 16,209 ALEX AIR APPARATUS INC Small Tools Fire 188815 16,076 QUALITY WINE&SPIRITS CO Transportation Den Road Liquor Store 188805 16,054 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 189205 15,804 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Operating 189300 15,797 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 188421 15,581 QUALITY WINE&SPIRITS CO Transportation Prairie Village Liquor Store 188736 15,427 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Operating 188837 15,423 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 188878 15,278 STRAND MANUFACTURING CO INC Equipment Parts Water Treatment Plant 189467 15,145 QUALITY WINE&SPIRITS CO Liq Inventory Credits Prairie Village Liquor Store 189058 15,037 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 188853 15,027 YALE MECHANICAL INC Contract Svcs-HVAC Community Center Maintenance 189406 15,021 HAWKINS INC Treatment Chemicals Water Treatment Plant 3530 14,703 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 3534 14,673 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 188438 14,407 SHELTER CORPORATION TT Payment Project Fund 188339 14,351 GRAYMONT Treatment Chemicals Water Treatment Plant 189199 14,279 GRAYMONT Treatment Chemicals Water Treatment Plant 188973 14,274 GRAYMONT Treatment Chemicals Water Treatment Plant 188414 14,152 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store 188216 14,114 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 189481 14,025 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Flying Cloud Dr Improvements 189157 13,943 YALE MECHANICAL INC Building Facilities Capital 188222 13,553 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 189025 13,034 MIDWEST ASPHALT CORPORATION Repair&Maint.Supplies Storm Drainage 188862 12,797 ENVIRONMENTAL PROCESS INC Design&Engineering Utility Improvement Fund 189062 12,769 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 189148 12,707 ST CROIX ENVIRONMENTAL INC Design&Engineering Utility Improvement Fund 189245 12,665 MINNESOTA UI FUND Unemployement Compensation Organizational Services 189055 12,109 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 188276 12,090 ASPEN EQUIPMENT CO. Machinery&Equipment Public Works 188303 12,038 DAY DISTRIBUTING Beer Prairie Village Liquor Store 189288 11,414 SOUTH METRO PUBLIC SAFETY TRAI Contract Svcs-General Bldg Public Safety Training Facilit 189271 11,296 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 189462 11,284 PHILLIPS WINE AND SPIRITS INC Wine Imported Prairie Village Liquor Store 188942 11,283 DAY DISTRIBUTING Wine Domestic Prairie Village Liquor Store 188871 11,220 PROP Refunds CDBG-Public Service 189376 10,998 DAY DISTRIBUTING Misc Non-Taxable Prairie View Liquor Store 188471 10,975 WEIS MANAGEMENT TT Payment Project Fund 3513 10,743 WELLS FARGO MINNESOTA N A Federal Taxes Withheld Health and Benefits 189264 10,702 PHILLIPS WINE AND SPIRITS INC Beer Prairie View Liquor Store 188801 10,588 PARROTT CONTRACTING INC Repair&Maint.Supplies Infiltration/Inflow Study 189312 10,587 WALL TRENDS INC Other Contracted Services Facilities Capital 188164 10,352 JJ TAYLOR DISTRIBUTING MINNESO Liquor Den Road Liquor Store 188779 10,123 MIDWEST ASPHALT CORPORATION Landscape Materials/Supp Miller Park 189417 10,080 JJ TAYLOR DISTRIBUTING MINNESO Beer Prairie Village Liquor Store 189374 9,860 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 189405 9,269 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Operating 189226 8,978 LIFE INSURANCE COMPANY OF NORT COBRA Health and Benefits 189168 8,870 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 189116 8,731 A-SCAPE INC Contract Svcs.-Lawn Maint. Fire Station#2 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 189207 8,662 HIGHWAY TECHNOLOGIES INC Other Rentals July 4th Celebration 189059 8,544 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 188713 8,415 DAY DISTRIBUTING Wine Domestic Den Road Liquor Store 188891 8,291 A-SCAPE INC Supplies-Lawn Maintenance Senior Center 189079 8,247 SOUTHWEST SUBURBAN PUBLISHING- Printing Communications 188881 8,214 YALE MECHANICAL INC Equipment Repair&Maint Water Treatment Plant 188875 8,136 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Infiltration/Inflow Study 188872 8,000 PROP Other Contracted Services Housing and Community Service 189351 7,981 ADVANCED ENGINEERING&ENVIRON Design&Engineering Utility Improvement Fund 188194 7,973 MIDWEST ASPHALT CORPORATION Asphalt Overlay Street Maintenance 188846 7,925 WILLIAMS PLACE CONDO ASSOC AR Utility Water Enterprise Fund 188782 7,645 MINNESOTA CLAY CO.USA Capital Under$10,000 Arts Center 189478 7,535 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service 188535 7,313 MAGICBOUNCE INC Other Rentals July 4th Celebration 189171 7,145 BELLBOY CORPORATION Transportation Prairie View Liquor Store 188676 7,059 ACTION FLEET INC Capital Under$10,000 Fleet Operating 188914 7,032 BIFFS INC Waste Disposal Park Maintenance 189183 6,908 DAY DISTRIBUTING Beer Prairie View Liquor Store 189169 6,904 BECKER ARENA PRODUCTS INC Contract Svcs-Ice Rink Ice Arena Maintenance 188254 6,809 VESSCO INC Equipment Parts Water Treatment Plant 189031 6,744 MINNESOTA STATE CURB&GUTTER Improvement Contracts CIP Trails 188458 6,671 THATCHER COMPANY OF MONTANA Treatment Chemicals Water Treatment Plant 189232 6,548 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 188474 6,500 WINE MERCHANTS INC Transportation Prairie Village Liquor Store 188349 6,482 HENNEPIN SOUTH SERVICES COLLAB Other Contracted Services Housing and Community Service 189328 6,435 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant 188388 6,414 MIDWEST ASPHALT CORPORATION Repair&Maint.Supplies Storm Drainage 189252 6,261 NORTHSHORE ADVISORS LLC Interest Investment Fund 189427 6,220 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Publick Works/Parks 189020 6,102 METRO FIRE Small Tools Fire 189326 6,101 ZIEGLER INC Other Rentals July 4th Celebration 188110 6,014 BELLBOY CORPORATION Transportation Prairie Village Liquor Store 188127 6,000 DEZIEL HEATING AND AIRE CONDIT Other Contracted Services Rehab 189027 6,000 MIDWEST DESIGN CO Other Contracted Services Communications 189278 6,000 ROBERT C VOGEL Other Contracted Services Heritage Preservation 188213 5,973 PAUSTIS&SONS COMPANY Transportation Prairie Village Liquor Store 188144 5,859 GRAYBAR Treatment Chemicals Water Treatment Plant 188124 5,836 DAY DISTRIBUTING Beer Den Road Liquor Store 188732 5,777 GRAYMONT Treatment Chemicals Water Treatment Plant 188806 5,776 PICHA GREENHOUSE Landscape Materials/Supp Park Maintenance 189359 5,743 BELLBOY CORPORATION Liquor Prairie Village Liquor Store 189106 5,719 WINE MERCHANTS INC Transportation Prairie View Liquor Store 189364 5,716 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 189144 5,611 SIGNATION SIGN GROUP INC Capital Under$10,000 Capit Impr./Maint.Fund 189388 5,398 FIRE SAFETY USA INC Protective Clothing Fire 188257 5,392 WALL TRENDS INC Contract Svcs-Gener Arts Center 189132 5,336 MARQUIS III LLC Right of Way&Easement Trails Referendum 188100 5,314 ACTION FLEET INC Machinery&Equipment Police 189346 5,288 A MEYER'S ENTERPRISES INC Operating Supplies Outdoor Center 189502 5,269 UNITED STATES CONFERENCE OF MA Dues&Subscriptions City Council 188316 5,217 ESS BROTHERS&SONS INC Repair&Maint.Supplies Infiltration/Inflow Study Check# Amount Vendor/Explanation Account Description Business Unit Explanation 189515 5,134 WINE MERCHANTS INC Liq Inventory Credits Prairie Village Liquor Store 188785 5,080 MINNESOTA SAFETY SERVICES LLC Licenses,Permits,Fees Pool Lessons 189307 5,050 US POSTMASTER Postage Community Brochure 189243 5,000 MINNESOTA MUNICIPAL BEVERAGE A Dues&Subscriptions Prairie Village Liquor Store 188688 4,973 BELLBOY CORPORATION Transportation Prairie Village Liquor Store 189459 4,892 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store 188949 4,826 EMPLOYERS ASSOCIATION INC Other Contracted Services Organizational Services 188802 4,817 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 189096 4,815 VERNCO MAINTENANCE INC Grounds Maintenance Utility Operations-General 188407 4,765 NORTHSTAR MUDJACKING SPECIALIS Seal Coating Street Maintenance 188239 4,660 SHORT ELLIOTT HENDRICKSON INC Improvement Contracts Flying Cloud Dr improvements 188957 4,655 FLYING RED HORSE LLC Right of Way&Easement Trails Referendum 188772 4,485 MARTINEZ PROPERTIES LLC Right of Way&Easement Trails Referendum 188793 4,340 NEW WORLD SYSTEMS Other Assets CIP-Bonds 189291 4,328 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Treatment Plant 189379 4,233 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant 189556 4,141 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 188748 4,057 IND SCHOOL DIST 272 Building Rental Community Band 188348 4,050 HENNEPIN COUNTY TREASURER Board of Prisoner Police 188189 4,025 METRO SALES INCORPORATED* Other Rentals General 188788 3,994 MOBILE RADIO ENGINEERING INC Supplies-Security Historical Buildings 189035 3,948 MTF EDEN PRAIRIE LTD PARTNERSH Right of Way&Easement Trails Referendum 188411 3,941 PAUSTIS&SONS COMPANY Transportation Prairie Village Liquor Store 188472 3,902 WHEELER LUMBER LLC Landscape Materials/Supp Miller Park 188258 3,825 WHITEBOARD PRODUCT SOLUTIONS Improvement Contracts Flying Cloud Dr improvements 189078 3,818 SOUTHWEST SUBURBAN CABLE COMMI Dues&Subscriptions City Council 188260 3,782 WINE MERCHANTS INC Wine Imported Prairie View Liquor Store 188703 3,777 CENTURYTEL Telephone Cummins Grill 188283 3,737 BELLBOY CORPORATION Transportation Prairie Village Liquor Store 188951 3,718 ESS BROTHERS&SONS INC Repair&Maint.Supplies Infiltration/Inflow Study 189441 3,707 MIDWEST ASPHALT CORPORATION Repair&Maint.Supplies Storm Drainage 188985 3,682 IND SCHOOL DIST 272 Transportation Teen Programs 189043 3,655 NORTHERN HOME SEAL&PRODUCTS Other Contracted Services Rehab 188231 3,622 SCHARBER&SONS Machinery&Equipment Public Works 189053 3,538 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 188271 3,472 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000-Gen Bl Furniture 188700 3,445 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 189158 3,387 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 188161 3,372 J A PRICE AGENCY INC Insurance Property Insurance 189450 3,330 MRPA Conference Expense Parks Administration 188909 3,310 BELLBOY CORPORATION Transportation Prairie View Liquor Store 189159 3,300 10,000 WAKES Instructor Service Camps 189021 3,295 METRO SOUND&LIGHTING Other Assets Facilities Capital 188396 3,291 MITY-LITE INC Capital Under$10,000 Senior Center 189356 3,279 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 189118 3,273 ASPEN WASTE SYSTEMS INC. Waste Disposal City Hall-CAM 188848 3,232 WINE MERCHANTS INC Transportation Prairie View Liquor Store 188135 3,195 FARRELL EQUIPMENT&SUPPLY CO Improvement Contracts CIP Trails 188117 3,001 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 188537 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 189557 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General Check# Amount Vendor/Explanation Account Description Business Unit Explanation 189147 2,865 SRF CONSULTING GROUP INC Other Contracted Services Storm Drainage 189409 2,862 HENNEPIN COUNTY TREASURER Board of Prisoner Police 188873 2,859 PROP Other Contracted Services Housing and Community Service 188354 2,827 HOHENSTEINS INC Beer Prairie Village Liquor Store 188945 2,822 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant 188243 2,790 SPRINT Wireless Subscription IT Operating 188361 2,769 INFRATECH Repair&Maint.Supplies Infiltration/Inflow Study 188820 2,756 SASCO INVESTMENTS Right of Way&Easement Trails Referendum 188403 2,726 NEWMECH Contract Svcs-Ice Rink Ice Arena Maintenance 189241 2,723 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 189415 2,700 INSTURMENT&VALVE SERVICES CO Instructor Service Water Treatment Plant 188132 2,681 ESS BROTHERS&SONS INC Repair&Maint.Supplies Infiltration/Inflow Study 188979 2,650 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 188723 2,636 FARRELL EQUIPMENT&SUPPLY CO Improvement Contracts CIP Trails 189321 2,629 WINE MERCHANTS INC Transportation Prairie View Liquor Store 3524 2,614 ING Deferred Compensation General Fund 189177 2,595 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 189110 2,595 WORLD CLASS WINES INC Transportation Prairie View Liquor Store 188879 2,592 URBAN COMMUNICATIONS Other Rentals Ice Show 189129 2,590 INFRARED CONSULTING SERVICES I Contracted Svcs.-Electrical Den Road Building 188203 2,564 MTTY-LITE INC Capital Under$10,000 Garden Room Repairs 189135 2,539 NORTHLAND BUSINESS SYSTEMS Software Maintenance IT Operating 188397 2,530 MN TACTICAL OFFICERS ASSOCIATI Tuition Reimbursement/School Police 189028 2,524 MINNESOTA CONWAY Building Repair&Maint. Utility Operations-General 188490 2,507 DIVERSE BUILDING MAINTENANCE Cleaning Supplies Ice Arena Maintenance 188877 2,500 STOREFRONT GROUP,THE Other Contracted Services Housing and Community Service 188894 2,499 ABM JANITORIALSERVICES-NORTH C Janitor Service Utility Operations-General 189357 2,485 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 188884 2,465 CONVENIENCE PARTNERS Right of Way&Easement Trails Referendum 189444 2,418 MINNESOTA ATHLETIC APPAREL Fire Prevention Supplies Fire 189423 2,409 KEEPERS Clothing&Uniforms Police 188724 2,392 FIRE SAFETY USA INC Small Tools Fire 188175 2,388 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Operating 189447 2,380 MOBILE RADIO ENGINEERING INC Capital Under$10,000 Wireless Communication 189244 2,290 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 189225 2,274 LAKE COUNTRY DOOR LLC Building Repair&Maint. Utility Operations-General 188978 2,272 HENDRICKSON,STEPHEN S Right of Way&Easement Trails Referendum 188986 2,260 INNOVATIVE GRAPHICS Clothing&Uniforms Playgrounds 188718 2,237 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire 188850 2,196 WORK CONNECTION,THE Other Contracted Services Park Maintenance 188177 2,175 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance 189259 2,165 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 188784 2,153 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 189513 2,123 WILKUS ARCHITECTS INC Contract Svcs.-Gen.Bldg City Center Operations 189445 2,119 MINNESOTA CONWAY Safety Supplies Fleet Operating 188406 2,115 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 188680 2,110 ANCHOR PRINTING COMPANY Printing July 4th Celebration 188859 2,107 COSTCO Recreation Supplies Youth Programs Administration 188786 2,106 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 188101 2,084 AERO DRAPERY AND BLIND Supplies-General Bldg Furniture 188266 2,077 2ND WIND EXERCISE Capital Under$10,000 Capital Impr./Maint.Fund Check# Amount Vendor/Explanation Account Description Business Unit Explanation 189333 2,074 MCNUTT REAL ESTATE HOLDINGS LL Right of Way&Easement Trails Referendum 188781 2,051 MINNESOTA ATHLETIC APPAREL Clothing&Uniforms Fire 188475 2,027 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 188674 2,003 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 188775 2,001 METRO FIRE Protective Clothing Fire 189547 2,000 ROMSDAHL,NEVADA Tuition Reimbursement/School Organizational Services 188861 1,990 DUNSMORE ASPHALT INC Other Contracted Services Rehab 188477 1,987 WORLD CLASS WINES INC Transportation Prairie Village Liquor Store 189172 1,981 BIFFS INC Waste Disposal Park Maintenance 188932 1,968 CLAREYS INC Safety Supplies Sewer System Maintenance 188937 1,945 COUNTER PRODUCTIONS Other Contracted Services Rehab 188096 1,933 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 189514 1,932 WINE COMPANY,THE Wine Imported Prairie Village Liquor Store 188137 1,928 FLANAGAN SALES,INC. Landscape Materials/Supp Park Maintenance 189410 1,908 HOHENSTEINS INC Beer Prairie Village Liquor Store 189166 1,901 APRES Other Rentals July 4th Celebration 188107 1,888 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 189367 1,866 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 188434 1,855 SHAH,SUNIL AND MITA SHAH Insurance Claims Sewer Utility-General 188262 1,852 WORLD CLASS WINES INC Transportation Prairie Village Liquor Store 189564 1,832 US POSTMASTER Postage Water Accounting 188841 1,810 VOLUNTEER FIREFIGHTERS BENEFIT Dues&Subscriptions Fire 188920 1,780 BRAUER& ASSOCIATES LTD Other Contracted Services Capit Impr./Maint.Fund 189517 1,777 WORLD CLASS WINES INC Wine Imported Prairie Village Liquor Store 189057 1,769 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Den Bldg.-CAM 189338 1,767 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 188863 1,752 GENUINE PARTS COMPANY Equipment Parts Fleet Operating 188356 1,745 HOULE INSULATION INC Other Contracted Services Rehab 188794 1,739 NEWMECH Contract Svcs-HVAC Community Center Maintenance 188465 1,718 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM 188943 1,710 DEPARTMENT OF PUBLIC SAFETY Software Maintenance IT Operating 189323 1,669 WORLD CLASS WINES INC Liq Inventory Credits Prairie Village Liquor Store 189434 1,668 MACQUEEN EQUIPMENT INC Equipment Repair&Maint Sewer System Maintenance 188142 1,666 GRAINGER Repair&Maint-Ice Rink Ice Arena Maintenance 189318 1,664 WHEELER HARDWARE COMPANY Supplies-Security Arts Center 188297 1,655 CONCRETE CUTTING&CORING INC Repair&Maint.Supplies Storm Drainage 188265 1,650 10,000 WAKES Instructor Service Camps 189428 1,650 LAMBERT,JAMES K Other Contracted Services Communications 189181 1,645 COUNTER PRODUCTIONS Other Contracted Services Rehab 189298 1,637 SURLY BREWING CO Beer Den Road Liquor Store 189468 1,626 QWEST Telephone Forest Hills Park 189130 1,619 J&D WINDOW CLEANING Contracted Svcs.-Gener Fire Station#4 3526 1,615 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 189309 1,608 VINOCOPIA Liquor Den Road Liquor Store 188241 1,606 SPORTS UNLIMITED Instructor Service Camps 188128 1,592 DIVERSE BUILDING MAINTENANCE Janitor Service Public Works/Parks 189098 1,587 VINOCOPIA Transportation Prairie View Liquor Store 188929 1,585 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 189493 1,580 STORK,ALEX Other Contracted Services Environmental Education 188422 1,560 QWEST Telephone Sewer Liftstation 188256 1,556 VINOCOPIA Transportation Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 188463 1,554 US POSTMASTER Postage Water Accounting 188267 1,553 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 188210 1,543 NILSSON,BETH Instructor Service Ice Arena 189160 1,536 3RD LAIR Instructor Service Camps 188702 1,534 CENTERPOINT ENERGY Gas Water Treatment Plant 188311 1,533 EARL F ANDERSEN INC Supplies-General Bldg Community Center Maintenance 189389 1,508 FLEET MAINTENANCE INC Capital Under$10,000 Fleet Operating 189126 1,503 GRAINGER Equipment Repair&Maint. Water Storage 188227 1,500 ROBERT C VOGEL Other Contracted Services Heritage Preservation 188673 1,499 3D SPECIALTIES Operating Supplies Traffic Signs 189072 1,496 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 188176 1,491 LANO EQUIPMENT INC Other Rentals Street Maintenance 188263 1,489 XCEL ENERGY Electric Round Lake 189505 1,480 VALLEY PAVING INC Other Rentals Street Maintenance 189554 1,460 WM MUELLER AND SONS INC Improvements to Land Park Acquisition&Development 189056 1,453 POMP'S TIRE SERVICE INC Tires Fleet Operating 189082 1,450 STAPLES ADVANTAGE Office Supplies General 188866 1,444 HALLE PROPERTIES LLC Right of Way&Easement Trails Referendum 188970 1,441 GOPHER STATE ONE-CALL INC OCS-Leak Detection Utility Operations-General 188187 1,440 MEDICINE LAKE TOURS Special Event Fees Trips 188808 1,430 PLEHAL BLACKTOPPING INC Equipment Repair&Maint Water System Maintenance 189348 1,426 A-SCAPE INC Contract Svcs.-Lawn Maint Fire Station#1 189458 1,414 PAUL'S TWO-WAY RADIO Other Contracted Services Wireless Communication 188922 1,406 BRIGGS AND MORGAN PA Legal Fire Station#4 189086 1,383 SURLY BREWING CO Beer Prairie View Liquor Store 189329 1,381 DNR Operating Supplies Recreation Administration 188778 1,376 MIDAS Equipment Repair&Maint Fleet Operating 188476 1,373 WORK CONNECTION,THE Other Contracted Services Park Maintenance 189407 1,353 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Infiltration/Inflow Study 188741 1,352 HERSEY-METERS Repair&Maint.Supplies Water Metering 188831 1,350 STAR Conference Expense General Community Center 188773 1,349 MENARDS Operating Supplies Fire 189103 1,343 WEBBER RECREATIONAL DESIGN INC Repair&Maint.Supplies Round Lake 188858 1,343 COMMUNITY ACTION PARTNERSHIP Refunds CDBG-Public Service 189377 1,335 DECORATIVE DESIGNS INC Contract Svcs-Int.Landscape City Center Operations 188305 1,330 DECORATIVE DESIGNS INC Contract Svcs-Garden Rm/Caf. City Hall-CAM 188416 1,330 PLEHAL BLACKTOPPING INC Other Contracted Services Water System Maintenance 188445 1,328 SOUTHDALE YMCA-CHILD CARE Refunds CDBG-Public Service 189506 1,322 VAN PAPER COMPANY Cleaning Supplies-Gen Bldg City Hall-CAM 188211 1,299 OPPORTUNITY PARTNERS Janitor Service Community Center Maintenance 188721 1,298 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Infiltration/Inflow Study 189108 1,296 WORK CONNECTION,THE Other Contracted Services Park Maintenance 189511 1,294 VTI Equipment Repair&Maint Wireless Communication 188152 1,291 HD SUPPLY WATERWORKS LTD Equipment Parts Water System Maintenance 188869 1,288 PEPSI COLA COMPANY Merchandise for Resale Concessions 189155 1,268 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM 188816 1,266 QWEST Telephone TT Telephone 188870 1,260 PLANET SPIRIT Instructor Service CC-Camps 188312 1,253 ECOLAB INC Contract Svcs-Pest Control Community Center Maintenance 188791 1,252 MULCAHY COMPANY INC Supplies-HVAC Community Center Maintenance 188992 1,250 JAMES J HILL Tuition Reimbursement/School Fire Check# Amount Vendor/Explanation Account Description Business Unit Explanation 188355 1,250 HOMELINE Refunds CDBG-Public Service 188843 1,249 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance 188847 1,248 WINE COMPANY,THE Transportation Den Road Liquor Store 189068 1,242 ROGERS,KYLE Other Contracted Services Softball 188982 1,232 HOHENSTEINS INC Beer Prairie View Liquor Store 189257 1,230 OPPORTUNITY PARTNERS Janitor Services Den Bldg.-CAM 188249 1,216 TESSMAN SEED CO Landscape Materials/Supp Street Maintenance 188332 1,204 GENERAL REPAIR SERVICE Equipment Parts Water Treatment Plant 188350 1,189 HENNEPIN TECHNICAL COLLEGE Other Contracted Services Planning 189429 1,181 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Operating 188180 1,176 LOGIS Network Support IT Operating 188419 1,172 PROFESSIONAL TURF&RENOVATION Chemicals Park Maintenance 188112 1,168 BLOOMINGTON SECURITY SOLUTIONS Supplies-Security Historical Buildings 189327 1,150 ZOELLNER,MARK Other Contracted Services Softball 188246 1,147 STREICHERS Miscellaneous DWI Forfeiture 188129 1,145 DUDA PLUMBING SERVICE INC Contract Svcs-Plumbing City Center Operations 188425 1,143 REBS MARKETING Other Contracted Services Water Accounting 189293 1,142 STATE SUPPLY COMPANY Supplies-Plumbing Park Shelters 189174 1,128 BUCK,NATHAN Other Contracted Services Volleyball 189212 1,125 INNOVATIVE GRAPHICS Clothing&Uniforms Playgrounds 189026 1,117 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie View Liquor Store 189173 1,115 BOLD,PAULINE Instructor Service Outdoor Center 188248 1,105 SURLY BREWING CO Beer Den Road Liquor Store 189235 1,105 MEDICINE LAKE TOURS Program Fee Trip 188417 1,104 PRAIRIE EQUIPMENT COMPANY Small Tools Infiltration/Inflow Study 188286 1,103 BOURGET IMPORTS Transportation Prairie Village Liquor Store 189362 1,100 BOLD,PAULINE Instructor Service Outdoor Center 189161 1,100 A-SCAPE INC Contract Svcs.-Lawn Maint Den Bldg.-CAM 189322 1,098 WORK CONNECTION,THE Other Contracted Services Park Maintenance 188140 1,098 GE CAPITAL Other Rentals General 189507 1,098 VANDENBERGHE,MARK Conference Expense Fire 189258 1,095 OUTDOORS AGAIN INC Other Contracted Services Pleasant Hill Cemetery 188981 1,082 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 188780 1,072 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie Village Liquor Store 189442 1,062 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 189136 1,056 PAUL'S TWO-WAY RADIO Other Contracted Services Wireless Communication 188285 1,045 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 188694 1,043 BOUNDLESS NETWORK Operating Supplies Recreation Administration 188720 1,043 EPA AUDIO VISUAL INC Equipment Repair&Maint IT Operating 188449 1,034 STREICHERS Training Supplies Police 189085 1,032 SUBURBAN TIRE WHOLESALE INC Tires Fleet Operating 189238 1,024 METRO SALES INCORPORATED* Other Rentals General 188697 1,001 BUCK,NATHAN Other Contracted Services Softball 188387 1,000 MICHAELSON,ELIZABETH H Other Contracted Services Theatre Initiative 189024 1,000 MICHAELSON,ELIZABETH H Other Contracted Services Playgrounds 189440 1,000 MICHAELSON,ELIZABETH H Other Contracted Services Theatre Initiative 189265 984 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Community Center Maintenance 188294 984 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 188965 982 GE CAPITAL Other Rentals General 189453 980 NORTH STAR WIPER&IND SUPPLY Operating Supplies Fire 188298 980 CORPORATE EXPRESS Office Supplies Police Check# Amount Vendor/Explanation Account Description Business Unit Explanation 188745 970 HORNADY MFG Training Supplies Police 188193 962 MIDWEST AQUA CARE INC Other Contracted Services Park Maintenance 188352 960 HIGHWAY TECHNOLOGIES INC Contracted Striping Traffic Signs 3529 952 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 188695 950 BOYER TRUCKS Equipment Parts Fleet Operating 188301 949 DAKOTA SUPPLY GROUP INC Repair&Maint.Supplies Water Metering 188972 948 GRAPE BEGINNINGS Transportation Prairie View Liquor Store 188335 943 GOLDMAN,KRISTINE Other Contracted Services Rehab 188457 942 TESSMAN SEED CO Seal Coating Street Maintenance 188712 929 DALE GREEN COMPANY,THE Asphalt Overlay Street Maintenance 189544 918 NEWTON,J.RANDALL Travel Expense Engineering 188717 916 ELVIN SAFETY LLC Equipment Testing/Cert. Fire 189363 913 BOUND TREE MEDICAL LLC EMS Supplies Fire 189105 909 WINE COMPANY,THE Transportation Prairie View Liquor Store 3517 907 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 188235 905 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 188259 902 WINE COMPANY,THE Transportation Den Road Liquor Store 188302 901 DALE GREEN COMPANY,THE Asphalt Overlay Street Maintenance 188882 900 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 189365 900 BURKHALTER,AMY J Other Contracted Services Organizational Services 188217 899 PITNEY BOWES Postage General 189330 898 HOME DEPOT CREDIT SERVICES Supplies-Pest Control City Hall-CAM 189039 897 NEUMANN,NEAL Other Contracted Services Softball 188765 893 LAMERE CONSTRUCTION INC Contract Svcs-Ice Rink Ice Arena Maintenance 189372 892 COSTCO Operating Supplies July 4th Celebration 189134 886 NFPA Fire Prevention Supplies Fire 3512 881 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 189371 880 CONCRETE CUTTING&CORING INC Equipment Parts Infiltration/Inflow Study 188195 874 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store 189392 872 GE CAPITAL Other Rentals General 188924 869 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 189276 868 RIDGEVIEW MEDICAL CENTER Health&Fitness Fire 189260 860 PEPSI COLA COMPANY Merchandise for Resale Concessions 188115 857 BOYER TRUCKS Equipment Parts Fleet Operating 189195 852 GODWIN,MARIE B Other Contracted Services Volleyball 188468 850 VINO SOURCE,THE Transportation Prairie Village Liquor Store 189141 850 RICHARD ALAN PRODUCTIONS Other Contracted Services Staring Lake Concert 189308 848 VERSATILE VEHICLES INC Other Rentals July 4th Celebration 188759 847 KEEPERS Clothing&Uniforms Reserves 189443 839 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police 189396 833 GRANICUS INC Software Maintenance IT Operating 188337 830 GRANICUS INC Software Maintenance IT Operating 189222 825 KIDCREATE STUDIO Instructor Service Arts Center 188923 814 BROWN TRAFFIC PRODUCTS INC Equipment Repair&Maint Traffic Signals 188436 813 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store 188389 789 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 189074 788 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 189306 784 UPSTREAM ARTS INC Other Contracted Services CC-Leisure Education 188143 784 GRAPE BEGINNINGS Transportation Den Road Liquor Store 188261 779 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 189375 776 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 188196 776 MIDWEST OVERHEAD CRANE Equipment Testing/Cert. Water Treatment Plant 189320 767 WINE COMPANY,THE Wine Imported Den Road Liquor Store 188822 767 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store 189192 765 FIRE SAFETY USA INC Repair&Maint.Supplies Fire 188209 760 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 188956 759 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 189208 752 HOHENSTEINS INC Beer Den Road Liquor Store 189304 745 UNIFORMS UNLIMITED Clothing&Uniforms Police 189430 730 LASER LABS INC Miscellaneous DWI Forfeiture 189063 728 RAY,LEE Other Contracted Services Softball 188118 725 CLAREYS INC Safety Supplies Fleet Operating 189341 720 PETTY CASH Mileage&Parking Senior Center Administration 188470 720 WEIDENFELLER,GIN Instructor Service Arts Center 188946 720 EDEN PRAIRIE WINLECTRIC Repair&Maint.Supplies Miller Park 188379 720 LUSHINE,PEGGY E Other Contracted Services Theatre Initiative 188317 719 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant 189283 719 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 188232 713 SCHMIDT,KURT Other Contracted Services Softball 189411 713 HOLMES,TOM Other Contracted Services Softball 189438 702 METRO FIRE Small Tools Fire 189052 700 PAUL,CYRIL Other Contracted Services Staring Lake Concert 189404 700 HARLEY CONSULTING&COACHING Other Contracted Services Community Development Admin 188336 696 GRAINGER Operating Supplies Park Maintenance 189314 695 WEIDENFELLER,GIN Instructor Service Arts Center 188393 687 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water System Maintenance 188855 686 ZEE MEDICAL SERVICE Safety Supplies Community Center Admin 188790 685 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 189143 683 RUTTGER'S SUGAR LAKE LODGE Conference Expense General Community Center 188743 683 HIGHWAY TECHNOLOGIES INC Other Rentals Storm Drainage 188473 674 WINE COMPANY,THE Transportation Den Road Liquor Store 189498 673 TRANSPORT GRAPHICS Repair&Maint.Supplies Fire 189095 670 VALLEY LAKE IRRIGATION Improvements to Land Trails Referendum 189284 669 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Storm Drainage 189097 662 VINO SOURCE,THE Transportation Den Road Liquor Store 189042 655 NORTH STAR PUMP SERVICE Equipment Parts Sewer Liftstation 189005 653 KJOLHAUG ENVIRONMENTAL SERVICE Design&Engineering Flying Cloud Dr Improvements 189273 650 RAY,LEE Other Contracted Services Softball 188811 649 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Park Shelters 188244 645 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating 188155 644 HOLMES,TOM Other Contracted Services Softball 189233 644 MCGREGOR,RANDY Other Contracted Services Softball 189297 640 SULLIVANS UTILITY SERVICES INC Contract Svcs-Plumbing Publick Works/Parks 188925 635 BUETOW AND ASSOCIATES INC Design&Engineering Park Acquisition&Development 188338 629 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 189292 628 STAPLES ADVANTAGE Office Supplies General 188683 625 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 189067 625 ROBERT C VOGEL Other Contracted Services 1999 CLG Grant 188224 624 RAY,LEE Other Contracted Services Softball 188172 621 KRAMER,TRENT C Other Contracted Services Softball 188199 621 MINNESOTA HUMAN SERVICES Other Contracted Services Park Maintenance 189237 621 MENARDS Cleaning Supplies Utility Operations-General Check# Amount Vendor/Explanation Account Description Business Unit Explanation 188753 620 JOHN DEERE LANDSCAPES/LESCO Asphalt Overlay Street Maintenance 189479 620 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 188105 617 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 189178 616 CENTERPOINT ENERGY SERVICES IN Gas City Hall-CAM 189109 610 WORKING FIRE TRAINING Training Supplies Fire 188320 610 FAGNANT,SUSAN Instructor Service Outdoor Center 188391 602 MILLER,AMBER Operating Supplies Summer Theatre 188197 601 MINNESOTA CLAY CO.USA Recreation Supplies Arts Center 188114 600 BOLD,PAULINE Instructor Service Outdoor Center 188952 600 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 189368 600 CHINESE AMERICAN ASSOCIATIO OF Other Contracted Services Internation Festival 189242 600 MINNESOTA HUMAN SERVICES Other Contracted Services Park Maintenance 189470 598 RAY,LEE Other Contracted Services Softball 188318 591 EVENT SOUND&LIGHTING Other Rentals Summer Theatre 188704 589 CERTIFIED APPLIANCE RECYCLING Other Contracted Services Recycle Rebate 189523 588 ZEP MANUFACTURING CO Lubricants&Additives Fleet Operating 188754 581 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Utility Operations-General 188693 565 BOLD,PAULINE Instructor Service Outdoor Center 188864 560 GERTENS Supplies-Lawn Maintenance Senior Center 188705 552 CHRISTIANSEN,MIKE Other Contracted Services Softball 189311 552 VOIGHT,JEFF Other Contracted Services Softball 189474 552 ROGERS,KYLE Other Contracted Services Softball 189221 551 KEEPERS Clothing&Uniforms Reserves 188423 549 QWEST Maintenance Contracts E-911 Program 189469 549 QWEST Maintenance Contracts E-911 Program 188738 548 HENNEPIN COUNTY UT DEPT Equipment Repair&Maint Wireless Communication 189408 548 HENNEPIN COUNTY UT DEPT Equipment Repair&Maint Wireless Communication 189138 547 PETERSON COMPANIES Contract Svcs-Lawn Maint Community Center Maintenance 188359 546 IND SCHOOL DIST 272 Printing Kite Festival 188836 543 THE OASIS GROUP Employee Assistance Organizational Services 188770 541 M.AMUNDSON LLP Transportation Prairie View Liquor Store 188868 540 OEDEKOVEN,KIMBERLY R Instructor Service Arts Center 188889 540 JELLY BEANS Instructor Service Arts&Drama Programs 188971 540 GOVDELIVERY Software Maintenance IT Operating 188832 539 STATE SUPPLY COMPANY Supplies-Plumbing Community Center Maintenance 189535 536 GENUINE PARTS COMPANY Repair&Maint Supplies Sewer System Maintenance 188823 533 SIEMENS WATER TECHNOLOGIES COR Equipment Parts Water Treatment Plant 188968 532 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 189350 528 ABRAKADOODLE Instructor Service Arts Center 189485 525 SIRE TECHNOLOGIES INC Conference Expense IT Operating 188131 523 EHLERS&ASSOCIATES INC Other Contracted Services Economic Development Fund 188818 520 RAY,LEE Other Contracted Services Softball 188212 518 PARTEK SUPPLY INC Landscape Materials/Supp Park Maintenance 189210 516 HYDRO-VAC INC Other Contracted Services Sewer System Maintenance 188384 513 MENARDS Landscape Materials/Supp Miller Park 3511 513 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 188904 512 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 189249 508 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 189310 507 VINTAGE ONE WINES INC Transportation Prairie Village Liquor Store 189274 507 RD AUTO CORP Equipment Maint.&Repair Fleet Operating 188376 505 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg City Hall-CAM Check# Amount Vendor/Explanation Account Description Business Unit Explanation 188450 504 SURLY BREWING CO Beer Prairie View Liquor Store 188182 504 M.AMUNDSON LLP Misc Taxable Den Road Liquor Store 188179 500 LEE,BOYD F Other Contracted Services Staring Lake Concert 188466 500 VERDE STRATEGIES Operating Supplies Outdoor Center 188860 500 DUDA PLUMBING SERVICE INC Equipment Repair&Maint Infiltration/Inflow Study 188984 500 HYENTYTE Other Contracted Services Staring Lake Concert 189013 500 LUSHINE,PEGGY E Other Contracted Services Theatre Initiative 189184 500 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 189433 500 LUSHINE,PEGGY E Other Contracted Services Theatre Initiative 189464 500 PRO HYDRO-TESTING LLC Equipment Testing/Cert. Fire 189182 498 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance 189188 497 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant 189342 495 PETTY CASH-POLICE DEPT Postage Police 188840 494 UNLIMITED SUPPLIES INC Small Tools Fleet Operating 188747 493 HYDROLOGIC WATER MANAGEMENT Repair&Maint.Supplies Park Maintenance 188398 490 MPELRA Conference Expense Human Resources 188158 487 HYDROLOGIC WATER MANAGEMENT Repair&Maint.Supplies Park Maintenance 189519 485 XCEL ENERGY Electric Forest Hills Park 188953 483 FALCK,TIMOTHY R Other Contracted Services Softball 189425 483 KRAMER,TRENT C Other Contracted Services Softball 188735 480 GROUP HEALTH INC-WORKSITE Instructor Service Fitness Classes 188236 477 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store 189384 475 EHLERS&ASSOCIATES INC Other Contracted Services Economic Development Fund 188272 470 AMERICAN PRESSURE INC Equipment Repair&Maint Water Treatment Plant 189064 463 REBS MARKETING Other Contracted Services Water Accounting 188113 462 BLOOMINGTON,CITY OF Kennel Services Animal Control 189316 458 WESTERBERG,RICH Refunds Environment Education 188947 455 ELECTRIC PUMP Equipment Parts Water Treatment Plant 188358 455 HYDROLOGIC WATER MANAGEMENT Repair&Maint.Supplies Park Maintenance 188944 454 DMX MUSIC Other Contracted Services Den Road Liquor Store 189402 453 HAMMERS,SARAH Other Contracted Services Volleyball 188200 452 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance 188917 451 BOUNDLESS NETWORK Operating Supplies Community Center Maintenance 189083 450 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating 188151 450 HARLEY CONSULTING&COACHING Other Contracted Services Community Development Admin. 188252 450 US WINE CELLARS Liquor Prairie View Liquor Store 188345 450 HELGESON,GLEN Other Contracted Services Staring Lake Concert 188740 450 HENNEPIN TECHNICAL COLLEGE Other Rentals Recycle Rebate 188865 450 GUNDERSON,CONSTANCE L. Instructor Service Arts Center 189324 449 XCEL ENERGY Electric Traffic Signals 188900 445 APRES Building Rental Summer Theatre 189100 443 WALSER CHRYSLER JEEP Equipment Repair&Maint Fleet Operating 189230 436 M.AMUNDSON LLP Operating Supplies Prairie View Liquor Store 189189 436 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 188523 434 TWIN CITY FILTER SERVICE INC Supplies-HVAC Community Center Maintenance 188331 432 GE CAPITAL Other Rentals General 188188 429 MENARDS Repair&Maint.Supplies Park Maintenance 188405 427 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 188323 426 FINLEY BROS INC Operating Supplies Miller Park 188536 425 OLMSTED COUNTY SHERIFF'S DEPAR Deposits Escrow 188685 422 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 189435 420 MAECK,TOM Other Contracted Services Community Band 189334 419 RICHARDSON,JIM Other Contracted Services Communications 189060 415 PRIOR LAKE TOURS INC Special Event Fees Trips 189343 414 PROP United Way Withheld General Fund 188368 413 JOHN DEERE LANDSCAPES/LESCO Asphalt Overlay Street Maintenance 189231 413 MALKERSON GILLILAND MARTIN LLP Other Contracted Services Storm Drainage 188783 412 MINNESOTA CONWAY Contract Svcs-Fire/Life/Safe Senior Center 188854 408 ZAHN,GERALD Other Contracted Services Volleyball 188162 405 JELLY BEANS Instructor Service CC-Arts&Drama 189128 402 HIRSHFIELD'S Repair&Maint.Supplies Water System Maintenance 188433 401 SERV-A-DOCK INC Repair&Maint.Supplies Round Lake 188214 400 PETTY CASH Petty Cash&Change Funds General Fund 188377 400 LINDAHL,DAVID Other Contracted Services Staring Lake Concert 188511 400 MPCA Other Contracted Services Improvement Projects 2006 188714 400 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 188758 400 JOHNSON,PAUL Other Contracted Services Staring Lake Concert 189465 400 PUGLIA,ALEXANDRE A Other Contracted Services Internation Festival 189484 398 SIGNSOURCE Contract Svcs-Ice Rink 3rd Sheet of Ice 188899 396 ANCHOR PRINTING COMPANY Printing Police 188512 396 MYERS,JODI Accounts Receivable Community Center Admin 189397 395 GRAPE BEGINNINGS Wine Imported Den Road Liquor Store 189437 393 MENARDS Operating Supplies Park Maintenance 188099 393 AAA LAMBERTS LANDSCAPE PRODUCT Repair&Maint.Supplies Water System Maintenance 188967 389 GENERAL GROWTH PROPERTIES LP-E Building Rental Housing and Community Service 188289 389 BROWNING,RYAN Other Hardware IT Operating 189198 387 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 189019 384 MENARDS Repair&Maint.Supplies Park Maintenance 188467 382 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 189471 382 RETROFIT RECYCLING INC Supplies-General Bldg City Hall-CAM 189050 382 OUTDOOR ENVIRONMENTS INC Other Contracted Services Park Maintenance 189508 381 VERIZON WIRELESS Pager&Cell Phone Police 189066 379 REED BUSINESS INFORMATION Legal Notices Publishing Improvement Projects 2006 188373 378 KEEPERS Clothing&Uniforms Reserves 188171 376 KRAEMERS HARDWARE INC Supplies-General Bldg Arts Center 189457 374 PARTEK SUPPLY INC Improvements to Land Park Acquisition&Development 189373 369 CRUISERS Equipment Parts Fleet Operating 189353 368 AMERICAN TIME&SIGNAL CO Supplies-General Building City Center Operations 189494 368 STRAND MANUFACTURING CO INC Equipment Parts Water Treatment Plant 189007 367 KUSTOM SIGNALS INC Equipment Repair&Maint Police 188378 364 LOCATORS&SUPPLIES INC Operating Supplies Street Maintenance 189395 362 GRAINGER Cleaning Supplies Utility Operations-General 189527 362 BUETOW AND ASSOCIATES INC Design&Engineering Park Acquisition&Development 188763 362 LAB SAFETY SUPPLY INC Lab Supplies Utility Operations-General 188344 361 HAYEN,LINDA Operating Supplies Summer Theatre 188451 360 TAYLOR,EMILY Instructor Service Arts Center 189475 360 ROOT 0 MATIC Equipment Repair&Maint Sewer System Maintenance 188940 358 DALE GREEN COMPANY,THE Asphalt Overlay Street Maintenance 189491 354 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating 189416 353 ITL PATCH COMPANY INC Operating Supplies Police 189325 353 Z WINES USA LLC Liq Inventory Credits Den Road Liquor Store 188173 350 KROOG,RACHAEL Other Contracted Services Staring Lake Concert Check# Amount Vendor/Explanation Account Description Business Unit Explanation 188178 350 LEAGUE OF MINNESOTA CITIES Conference Expense City Manager 188821 350 SCHULTZ ENTERPRISES Other Contracted Services Riley-Jacques Barn 188876 350 SPECKMAN,ULRIKA Other Contracted Services Summer Theatre 189088 350 TODD ERICKSON ENTERPRISES LLC Other Contracted Services Rehab 189240 350 MIAMA Conference Expense General Community Center 189315 350 WELLS FARGO BANK MINNESOTA NA Paying Agent 2005 G.O.Imp.Revolving Fund 188722 350 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 189131 349 KRISS PREMIUM PRODUCTS INC Contracted Svcs.-HVAC City Hall-CAM 189101 347 WATER CONSERVATION SERVICES IN OCS-Utility Locates Water System Maintenance 188483 346 CAMERON,LIZA Accounts Receivable Community Center Admin 188690 342 BIFFS INC Other Rentals Recycle Rebate 188888 335 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 189036 335 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 188183 331 MALONE,TOM Instructor Service CC-Preschool Events 188936 327 COSTCO Operating Supplies Fire 188954 326 FASTSIGNS Operating Supplies Ice Arena 188838 325 TM COUNTY BEVERAGE&SUPPLY Beer Prairie View Liquor Store 188455 324 TEMP,DAWN M Other Contracted Services Volleyball 188835 323 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 189366 323 CALIFORNIA CONTRACTORS SUPPLIE Operating Supplies Park Maintenance 189200 323 GREATAMERICA LEASING CORP. Postage General 188314 322 ELIASON,STEVE J Other Contracted Services Softball 188768 322 LONESKY,JAMES G Other Contracted Services Softball 189176 322 CAT&FIDDLE BEVERAGE Liq Inventory Credits Prairie View Liquor Store 189187 322 ELIASON,STEVE J Other Contracted Services Softball 188134 322 FAGNANT,SUSAN Instructor Service Outdoor Center 188146 321 GREATAMERICA LEASING CORP. Postage General 189247 319 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance 188279 318 AURORA PICTURES Office Supplies Workers Comp Insurance 3514 318 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 188800 315 OTTERTUNITY INC. Other Contracted Services Staring Lake Concert 189197 315 GRAINGER Supplies-Electrical Park Shelters 188938 315 CRACAUER,CLIFF Mileage&Parking Fleet Operating 188424 312 RAY,LEE Other Contracted Services Softball 189354 308 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 188682 308 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 189332 304 MENARDS Office Supplies Emergency Preparedness 189094 303 UNIFORMS UNLIMITED Clothing&Uniforms Police 188918 301 BOURGET IMPORTS Transportation Prairie View Liquor Store 188448 300 STRATUM ONE FITNESS EQUIPMENT Equipment Repair&Maint Police 188534 300 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow 188886 300 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 189279 300 ROBERTS,KATHRYN Instructor Service Outdoor Center 189344 300 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 189476 300 SAYIBU,FATAWU Other Contracted Services Internation Festival 189555 300 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow 188154 299 HERRIG,JEFF Other Contracted Services Softball 188812 298 PRAIRIE LAWN AND GARDEN Grounds Maintenance Utility Operations-General 189522 298 Z WINES USA LLC Wine Domestic Prairie View Liquor Store 188825 295 SOUNDS GREAT Other Contracted Services Safety Camp 188689 294 BERTELSON TOTAL OFFICE SOLUTIO Capital Under$10,000 Utility Operations-General Check# Amount Vendor/Explanation Account Description Business Unit Explanation 188404 294 NORCOSTCO Other Rentals Summer Theatre 189077 293 SNAP-ON TOOLS Small Tools Fleet Operating 188394 291 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Water Accounting 188679 282 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 189272 280 QWEST Telephone Crestwood Park 189553 279 WADNAL,ERIC E Other Contracted Services Teen Work Program 188156 278 HORIZON COMMERCIAL POOL SUPPLY Repair&Maint.Supplies Pool Maintenance 188255 277 VINO SOURCE,THE Transportation Den Road Liquor Store 188830 267 STAPLES ADVANTAGE Office Supplies Police 189239 266 METROPOLITAN FORD Equipment Parts Fleet Operating 188097 264 A TO Z RENTAL CENTER Other Rentals Park Maintenance 189486 262 SPIRIT APPAREL&STUFF Clothing&Uniforms Oak Point Lessons 189542 261 KITZEROW,SAM Other Contracted Services Teen Work Program 189530 261 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 188295 260 CENTERPOINT ENERGY Gas Prairie Village Liquor Store 188764 260 LAKELAND ENGINEERING EQUIP CO Equipment Parts Water Treatment Plant 188304 260 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 189352 259 AL'S COFFEE Merchandise for Resale Concessions 188769 256 LORENZ LUBRICANT COMPANY Equipment Parts Fleet Operating 188749 256 INFRATECH Repair&Maint.Supplies Sewer System Maintenance 188828 256 ST JOSEPH EQUIPMENT INC Other Rentals Park Maintenance 189381 255 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Economic Development 189296 255 SUBURBAN TIRE WHOLESALE INC Tires Fleet Operating 189250 253 MURRAY,JOHN Other Contracted Services Softball 188226 251 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 188181 250 LUCKHARDT,JERRY Other Contracted Services Staring Lake Concert 188186 250 MD IAI Tuition Reimbursement/School Police 188428 250 ROBERTS,KATHRYN Instructor Service Outdoor Center 189011 250 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 189299 250 SUTTER,ROSS Other Contracted Services Staring Lake Concert 189488 249 STAPLES ADVANTAGE Office Supplies General 189487 246 ST ANDREW BLUFF T/H ASSOCIATIO Improvement Contracts CIP Trails 189510 246 VINO SOURCE,THE Liquor Den Road Liquor Store 189512 245 WALSER CHRYSLER JEEP Equipment Repair&Maint Fleet Operating 189345 244 UNITED WAY United Way Withheld General Fund 189294 242 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating 188963 240 G&K SERVICES Clothing&Uniforms General Facilities 188915 240 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Park Shelters 189104 240 WEEDMAN,NICOLE Mileage&Parking Youth Programs Administration 188229 240 S&S SPECIALISTS Other Contracted Services Tree Removal 188278 239 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 188989 237 ITL PATCH COMPANY INC Operating Supplies Police 189251 237 MUSSELL,KATELIN Other Contracted Services Volleyball 188125 237 DELUXE BUSINESS CHECKS&SOLUT Office Supplies Community Center Admin 188895 237 ACCURINT-ACCOUNT#1348824 Other Contracted Services Police 189360 236 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Ulility Operations-General 188133 235 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 188395 234 MINNESOTA VALLEY ELECTRIC COOP Electric Traffic Signals 188324 234 FISHER SCIENTIFIC Lab Supplies Water Treatment Plant 188725 234 FISHER SCIENTIFIC Process Control Equipment Water Treatment Plant 189107 234 WITT,BETH Mileage&Parking Aquatics&Fitness Admin Check# Amount Vendor/Explanation Account Description Business Unit Explanation 188731 233 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 189501 228 UHL COMPANY Contract Svcs-Security City Hall-CAM 189152 228 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs-Elevator Community Center Maintenance 188401 227 NEHL,CHERI Operating Supplies Storm Drainage 189149 225 STAR Dues&Subscriptions General Community Center 189355 225 ARMA INTERNATIONAL Dues&Subscriptions City Clerk 188223 224 QWEST Telephone IT Telephone 189534 223 GE CAPITAL Other Rentals General 189489 223 STAR TRIBUNE Operating Supplies Fire 189413 220 IDENTIX INCORPORATED Operating Supplies Police 188240 220 SIGNSOURCE Building Repair&Maint. Miller Park 188427 220 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Operating 188817 220 R&R SPECIALTIES OF WISCONSIN Conference Expense General Community Center 188684 218 BATTERIES PLUS Operating Supplies Fire 189317 217 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Operating 188751 217 J H LARSON COMPANY Supplies-Electrical Community Center Maintenance 188692 216 BMSI Supplies-General Bldg Community Center Maintenance 188454 216 TEMP,ALYSON Other Contracted Services Volleyball 189010 215 LANO EQUIPMENT INC Equipment Parts Fleet Operating 188253 215 VALLEY NAT'L GASES-LOC 93 Equipment Parts Fleet Operating 188347 214 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 189146 212 SPS COMPANIES Repair&Maint-Supplies Water Wells 189289 210 SPORTSIGN Other Contracted Services Accessibility 189302 209 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store 188919 207 BOYER TRUCKS Equipment Parts Fleet Operating 188299 207 CRUMRINE,ROBERT R Other Contracted Services Teen Work Program 188365 207 JENKINS,JOEL S Other Contracted Services Softball 189229 207 LONESKY,JAMES G Other Contracted Services Softball 188136 207 FIELDSTONE VINEYARDS Wine Domestic Prairie View Liquor Store 3518 205 US BANK TRUST HRA Health and Benefits 188698 204 CARDIAC SCIENCE CORPORATION EMS Supplies Fire 189390 202 FLORIDA MICRO LLC Other Hardware IT Operating 188202 201 MINNESOTA UI FUND Unemployment Compensation Organizational Services 188225 200 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Operating 188353 200 HINDING,CHRIS Other Contracted Services Staring Lake Concert 188533 200 ANOKA COUNTY SHERIFF'S DEPT Deposits Escrow 188681 200 APOGEE RETAIL LLC Other Contracted Services Recycle Rebate 188750 200 INNOVATIVE GRAPHICS Clothing&Uniforms Teen Work Program 189008 200 LACASSE,ANDREW J Other Contracted Services Staring Lake Concert 189162 200 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Event 189336 200 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow 189051 200 PAPCO INC Contract Svcs-General Bldg Community Center Maintenance 188845 199 WHEELER LUMBER LLC Building Materials Miller Park 189337 199 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 188360 199 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Operating 188343 198 HANSON,LILLY J Other Contracted Services Teen Work Program 188399 198 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 188191 198 METROPOLITAN FORD Equipment Parts Fleet Operating 188392 198 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police 188964 197 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 189099 196 VINTAGE ONE WINES INC Transportation Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 188460 195 TWIN CITY FILTER SERVICE INC Repair&Maint.Supplies Water Treatment Plant 188163 195 JET BLACK Other Contracted Services Rehab 3525 194 WISCONSIN DEPARTMENT OF REVENU State Taxes Withheld Health and Benefits 188851 193 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 188103 193 ANCHOR PRINTING COMPANY Printing Police 188959 192 FOSTER,KATHERINE Other Contracted Services Volleyball 189463 191 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance 189153 191 TWIN CITY FILTER SERVICE INC Supplies-HVAC City Hall-CAM 189369 191 CHOICE INC Other Contracted Services Prairie Village Liquor Store 188686 191 BDS Contract Svcs-General Bldg Fire Station#3 188435 189 SHAH,VIJAY Other Contracted Services Teen Work Program 189073 189 SHAH,VIJAY Other Contracted Services Teen Work Program 189528 189 CALDERON,BRYAN M Other Contracted Services Teen Work Program 189537 189 JASKULKE,TARYN L Other Contracted Services Teen Work Program 189548 189 SHAH,VIJAY Other Contracted Services Teen Work Program 189191 188 FASTENAL COMPANY Equipment Parts Fleet Operating 188168 185 KEEPERS Clothing&Uniforms Reserves 189032 185 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 188729 185 GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance 189046 183 NUCO2 INC Chemicals Pool Maintenance 189301 182 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie View Liquor Store 188275 180 ASHTIANI,SHAYAN Other Contracted Services Teen Work Program 188281 180 BALES,SEAN Other Contracted Services Teen Work Program 188461 180 ULRICH,RYAN S Other Contracted Services Teen Work Program 189091 180 TOUGH CUT SERVICES Other Contracted Services Park Maintenance 189477 180 SCHWARTZ,SHANNON S Instructor Service Outdoor Center 188709 178 CORPORATE EXPRESS Office Supplies General 188157 176 HULES,JILL Operating Supplies Fire 188444 175 SONNY'S BUILDING MAINTENANCE Contract Svcs-Roof Fire Station#1 189500 174 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 189305 174 UNLIMITED SUPPLIES INC Equipment Repair&Maint Utility Improvement Fund 188898 174 AMERITRAK Other Contracted Services Street Maintenance 189424 172 KNOX COMPANY Operating Supplies Fire 189490 171 STATE SUPPLY COMPANY Supplies-Plumbing Dunn Brothers 189023 170 METROPOLITAN FORD Equipment Parts Fleet Operating 188708 169 COMPAR INC Computers IT Operating 188327 168 FORS,ERICA Operating Supplies Summer Theatre 189282 168 SCHARBER&SONS Equipment Parts Fleet Operating 189446 166 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance 188983 166 HYDROLOGIC WATER MANAGEMENT Repair&Maint.Supplies Park Maintenance 189455 165 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 189496 165 TESSCO Operating Supplies Wireless Communication 189558 165 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 189492 164 STEPPINGSTONE THEATRE Events/Admission Fee Red Hat 188120 163 CORPORATE EXPRESS Office Supplies General 189145 163 SPECIALIZED ENVIRONMENTAL TECH Landscape Materials/Supp Park Maintenance 188803 162 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 188208 162 MUSSELL,KATELIN Other Contracted Services Volleyball 188330 162 FREUDENBERG,JESSICA R Other Contracted Services Teen Work Program 188792 162 MUSSELL,KATELIN Other Contracted Services Volleyball 188939 162 CRUMRINE,ROBERT R Other Contracted Services Teen Work Program Check# Amount Vendor/Explanation Account Description Business Unit Explanation 188961 162 FREUDENBERG,JESSICA R Other Contracted Services Teen Work Program 189093 162 ULRICH,RYAN S Other Contracted Services Teen Work Program 188280 162 BACHMANS CREDIT DEPT Deposits Escrow 188207 161 MURRAY,JOHN Other Contracted Services Softball 188948 161 ELIASON,STEVE J Other Contracted Services Softball 189071 161 SEELYE Equipment Parts Water Treatment Plant 188230 161 SAXON Other Contracted Services Police 188890 161 2ND WIND EXERCISE Repair&Maint.Supplies Fitness Center 188228 160 ROREM,ANN M Instructor Service Arts Center 188415 160 PIONEER DRAMA SERVICE Other Rentals Theatre Initiative 189426 160 LAB SAFETY SUPPLY INC Lab Supplies Water Treatment Plant 189084 159 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 188206 158 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 189150 156 STEVENS ENGINEERS Contract Svcs-Ice Rink 3rd Sheet of Ice 188799 156 ONCE UPON A STAR Instructor Service CC-Arts&Drama 189034 156 MRPA Conference Expense Parks Administration 189393 155 GERTENS Operating Supplies Park Maintenance 188269 154 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 188242 154 SPRINT Telephone Engineering 188364 153 JASKULKE,TARYN L Other Contracted Services Teen Work Program 188810 153 POMP'S TIRE SERVICE INC Tires Fleet Operating 189000 153 JOHNSON,CHASE Other Contracted Services Teen Work Program 189154 152 UHL COMPANY Contract Svcs-HVAC City Hall-CAM 188122 150 COSTCO MEMBERSHIP Dues&Subscriptions Fire 188150 150 HANSEN THORP PELLINEN OLSON Other Contracted Services Park Acquisition&Development 188233 150 SEAGER,KRISTIN ANN MONGE Other Contracted Services Staring Lake Concert 189069 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating 189358 150 BAUMERT,SARAH Accounts Receivable Community Center Admin 189483 150 SIGHTLINE DISPLAYS,LLC Other Contracted Services Park Maintenance 188363 149 JANEX INC Supplies-General Bldg Police City Center 188934 149 COMPAR INC Other Hardware IT Operating 188385 149 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 188987 145 IPMA-HR Dues&Subscriptions Human Resources 188270 144 ABDISALAM,BILAN Other Contracted Services Teen Work Program 188329 144 FREUDENBERG,JASON A Other Contracted Services Teen Work Program 188408 144 O'BRIEN LOREN D Other Contracted Services Teen Work Program 188885 144 FAIOLA,JANE Operating Supplies Police 188903 144 BALES,SEAN Other Contracted Services Teen Work Program 189339 144 MN NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 189532 144 FREUDENBERG,JASON A Other Contracted Services Teen Work Program 189044 144 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 188362 143 J H LARSON COMPANY Supplies-Electrical City Center Operations 188218 143 PORTA,KITTY Mileage&Parking City Clerk 188715 142 EARL F ANDERSEN INC Signs Traffic Signs 189018 142 MEDTOX Employment Support Test Organizational Services 188111 141 BIFFS INC Training Supplies Fire 189253 141 NORTHWEST RESPIRATORY SERVICE EMS Supplies Fire 188737 141 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Park Maintenance 3535 140 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits 189190 140 FAGNANT,SUSAN Instructor Service Outdoor Center 188351 138 HERRIG,JEFF Other Contracted Services Softball Check# Amount Vendor/Explanation Account Description Business Unit Explanation 188716 138 ELIASON,STEVE J Other Contracted Services Softball 188980 138 HERRIG,JEFF Other Contracted Services Softball 189214 138 JENKINS,JOEL S Other Contracted Services Softball 188119 138 COMCAST Dues&Subscriptions City Council 188247 137 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 188813 136 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 188826 136 SPS COMPANIES Repair&Maint.Supplies Park Maintenance 189290 136 SPRINT Telephone Engineering 188901 135 ASHTIANI,SHAYAN Other Contracted Services Teen Work Program 188941 135 DANIMAL DISTRIBUTING INC Beer Den Road Liquor Store 189015 135 MARQUIS,KATHERINE I Other Contracted Services Teen Work Program 189234 135 MD IAI Dues&Subscriptions Police 189536 135 HOWARD,ALEXANDER E Other Contracted Services Teen Work Program 188996 135 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Water System Maintenance 188319 134 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 189387 133 FERRELLGAS Motor Fuels Fleet Operating 188897 133 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 188273 132 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 189380 132 EDEN INCENTIVES&PROMOTIONS Operating Supplies Internal Events 188439 132 SHI INTERNATIONAL CORP Software IT Operating 188130 131 EARL F ANDERSEN INC Operating Supplies Park Maintenance 188501 130 JOHNSON,CORINE Accounts Receivable Community Center Admin 188880 130 WILSONS NURSERY INC Supplies-Lawn Maintenance Senior Center 189175 130 CARLSON TRACTOR AND EQUIPMENT Equipment Parts Fleet Operating 188326 129 FORDAHL,TAMARA Other Contracted Services Volleyball 188366 129 JERDE,DEREK D Other Contracted Services Volleyball 188726 129 FORDAHL,TAMARA Other Contracted Services Volleyball 188787 127 MN MAINTENANCE EQUIPMENT INC Repair&Maint.Supplies Park Maintenance 188220 127 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 188291 126 CALDERON,BRYAN M Other Contracted Services Teen Work Program 188292 126 CALDERON,CHRISTOPHER J Other Contracted Services Teen Work Program 188372 126 KARPAS,JULIA Other Contracted Services Teen Work Program 188437 126 SHAW,CARLEY Other Contracted Services Teen Work Program 188926 126 CALDERON,BRYAN M Other Contracted Services Teen Work Program 188960 126 FREUDENBERG,JASON A Other Contracted Services Teen Work Program 189016 126 MCCARTHY,BRENNAN Other Contracted Services Teen Work Program 189140 126 PRINTERS SERVICE INC Repair&Maint-Ice Rink Ice Arena Maintenance 189524 126 BALES,SEAN Other Contracted Services Teen Work Program 189139 125 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Publick Works/Parks 189038 125 NATIONAL TACTICAL OFFICERS ASS Dues&Subscriptions Police 189133 125 MD IAI Tuition Reimbursement/School Police 189451 125 MSFDA Tuition Reimbursement/School Fire 189529 125 CORPORATE EXPRESS Office Supplies General 189319 124 WHITE,NICOLE Mileage&Parking Therapeutic Rec Adminstration 189065 123 RED WING SHOE STORE Clothing&Uniforms General Facilities 188829 120 STAAF,CARTER Clothing&Uniforms Police 189156 120 WHITE,KEVIN Clothing&Uniforms Police 189518 120 WRESH,JANINA Clothing&Uniforms Police 188160 120 INTERSTATE POWER SYSTEMS INC Maintenance Contracts Water Wells 189090 120 TOM'S WINDOW CLEANING Window Cleaning Den Bldg.-Direct 188796 118 NEWTON,J.RANDALL Mileage&Parking Engineering Check# Amount Vendor/Explanation Account Description Business Unit Explanation 188185 117 MASS BAR-MATE CORP Transportation Den Road Liquor Store 189347 117 A TO Z RENTAL CENTER Landscape Materials/Supp Street Maintenance 188931 117 CITI-CARGO&STORAGE CO,INC Other Rentals Summer Theatre 188284 117 BERRETH,NATALIE E Other Contracted Services Teen Work Program 188409 117 O'CONNELL,KAYLEE M T Other Contracted Services Teen Work Program 188410 117 OSOWSKI,ANDREW Other Contracted Services Teen Work Program 189495 117 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 188141 115 GLENROSE FLORAL AND GIFT SHOPS Deposits Escrow 189081 114 STANLEY SECURITY SOLUTIONS INC Repair&Maint.Supplies Arts Center 188174 114 LAB SAFETY SUPPLY INC Equipment Testing/Cert. Utility Operations-General 188321 114 FASTENAL COMPANY Equipment Parts Fleet Operating 189454 111 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 188728 110 GERMSCHEID,DEB Accounts Receivable Community Center Admin 188916 110 BOUND TREE MEDICAL LLC EMS Supplies Fire 188138 108 FORDAHL,TAMARA Other Contracted Services Volleyball 188288 108 BRIDENSTINE,MADELEINE P Other Contracted Services Teen Work Program 188382 108 MARQUIS,KATHERINE I Other Contracted Services Teen Work Program 188383 108 MCCARTHY,BRENNAN Other Contracted Services Teen Work Program 188442 108 SLIGH,MADISON E Other Contracted Services Teen Work Program 188456 108 TEMP,JEFFERY L Other Contracted Services Volleyball 188469 108 WADNAL,ERIC E Other Contracted Services Teen Work Program 188958 108 FORDAHL,TAMARA Other Contracted Services Volleyball 189193 108 FORDAHL,TAMARA Other Contracted Services Volleyball 188739 108 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 189286 107 SJOBERG,GABRIELLE Mileage&Parking Tree Disease 188431 107 SCAFFOLD SERVICE INC Other Rentals Park Maintenance 189480 106 SHERWIN WILLIAMS CO Operating Supplies Park Maintenance 188102 105 AMERIPRIDE LINEN&APPAREL SER Operating Supplies Wine Club 189419 104 JOHN DEERE LANDSCAPES/LESCO Asphalt Overlay Street Maintenance 189414 103 INFRATECH Repair&Maint.Supplies Storm Drainage 188742 102 HEWLETT-PACKARD COMPANY Computers IT Operating 188842 101 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 3546 100 ING Deferred Compensation General Fund 188807 100 PITNEY BOWES Postage General 188906 100 BECKER,KATIE Mileage&Parking Playgrounds 188205 100 MRPA Employment Advertising Organizational Services 188313 100 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Council 188809 100 PLYMOUTH PLAYHOUSE Special Event Fees Trips 189460 100 PETTY CASH Petty Cash&Change Funds General Fund 189006 99 KRANTZ,KEVIN J Other Contracted Services Teen Work Program 189047 99 O'BRIEN LOREN D Other Contracted Services Teen Work Program 189550 99 SLIGH,MADISON E Other Contracted Services Teen Work Program 189552 99 ULRICH,RYAN S Other Contracted Services Teen Work Program 189516 99 WM MUELLER AND SONS INC Repair&Maint.Supplies Storm Drainage 188519 98 SUBURBAN CHEVROLET Operating Supplies Emergency Preparedness 188402 98 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 188696 96 BRW ENTERPRISES Wine Domestic Den Road Liquor Store 189268 95 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 189113 94 YALE MECHANICAL INC Supplies-HVAC Riley House 188727 94 FREY,LYNDELL Operating Supplies July 4th Celebration 188902 91 AT&T MOBILITY Pager&Cell Phone Water System Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 188489 90 DIRECTV Cable TV Community Center Admin 188400 90 MULLETT,JACKSON Other Contracted Services Teen Work Program 188691 90 BLOOMINGTON SECURITY SOLUTIONS Supplies-Security City Hall-CAM 188927 90 CALDERON,CHRISTOPHER J Other Contracted Services Teen Work Program 189002 90 KARPAS,JULIA Other Contracted Services Teen Work Program 189049 90 OSOWSKI,ANDREW Other Contracted Services Teen Work Program 189533 90 FREUDENBERG,JESSICA R Other Contracted Services Teen Work Program 189539 90 JOHNSON,CHASE Other Contracted Services Teen Work Program 189545 90 O'BRIEN LOREN D Other Contracted Services Teen Work Program 189179 90 COMCAST Wireless Subscription IT Operating 189120 90 DIRECTV Cable TV Community Center Admin 189185 90 DIRECTV Cable TV Community Center Admin 189431 89 LIBERTY TIRE RECYCLING-MN Waste Disposal Fleet Operating 188204 89 MORAN USA,LLC Transportation Den Road Liquor Store 188762 87 KUSTOM SIGNALS INC Equipment Repair&Maint Police 189277 87 RIGID HITCH INCORPORATED Repair&Maint.Supplies Fire 189248 86 MORGAN CREEK VINEYARDS Wine Domestic Den Road Liquor Store 188300 86 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 188268 85 A TO Z RENTAL CENTER Operating Supplies Wine Club 188307 85 DIRECTV Cable TV Community Center Admin 189070 85 SEARS COMMERCIAL ONE Operating Supplies Engineering 189089 85 TOLL GAS AND WELDING SUPPLY Operating Supplies July 4th Celebration 188432 85 SEASONED REMODELERS LLC Building Permits General Fund 189504 84 UPS Equipment Repair&Maint Wireless Communication 188730 84 GRAINGER Supplies-Electrical Community Center Maintenance 189122 84 DOSTAL,DAN Repair&Maint.Supplies Fire 189391 82 G&K SERVICES Clothing&Uniforms General Facilities 188844 82 WEBB,CHAUNTEL Accounts Receivable Community Center Admin 188322 81 FERRELL,ALLISON MARIE Other Contracted Services Teen Work Program 188374 81 KINZEL,SYDNEY S Other Contracted Services Teen Work Program 188375 81 KRANTZ,KEVIN J Other Contracted Services Teen Work Program 188921 81 BRIDENSTINE,MADELEINE P Other Contracted Services Teen Work Program 189004 81 KITZEROW,SAM Other Contracted Services Teen Work Program 189526 81 BRIDENSTINE,MADELEINE P Other Contracted Services Teen Work Program 189538 81 JETER,HANNAH Other Contracted Services Teen Work Program 188499 80 HJERMSTAD,ROD Deposits Community Center Admin 188761 80 KIDCREATE STUDIO Instructor Service Arts Center 189029 80 MINNESOTA DEPT OF AGRICULTURE Lime Residual Removal Water Treatment Plant 188798 79 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 189449 79 MOTOROLA Equipment Repair&Maint Wireless Communication 188789 79 MOTOROLA Equipment Repair&Maint Wireless Communication 189196 79 GOODNOUGH,TIFFANY Tuition Reimbursement/School Fitness Classes 189382 79 EF JOHNSON Equipment Repair&Maint Wireless Communication 188116 78 BRUENING,CHARLOTTE Grounds Maintenance Senior Board 188524 78 UPPALURI,ANU Accounts Receivable Community Center Admin 188955 76 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 188430 75 SAFE KIDS NORTHWEST METRO MINN Tuition Reimbursement/School Police 188707 75 CLOSED CIRCUIT SPECIALISTS INC Contract Svcs-Security Historical Buildings 188988 75 ISFSI Dues&Subscriptions Fire 189254 75 NUCO2 INC Repair&Maint.Supplies Pool Maintenance 188969 74 GINA MARIAS INC Merchandise for Resale Concessions Check# Amount Vendor/Explanation Account Description Business Unit Explanation 189361 74 BIFFS INC Waste Disposal Park Maintenance 188293 72 CAT&FIDDLE BEVERAGE Wine Imported Den Road Liquor Store 188357 72 HOWARD,ALEXANDER E Other Contracted Services Teen Work Program 188429 72 RUDIN,MASON C Other Contracted Services Teen Work Program 188910 72 BERRETH,NATALIE E Other Contracted Services Teen Work Program 189541 72 KINZEL,SYDNEY S Other Contracted Services Teen Work Program 189549 72 SHAW,CARLEY Other Contracted Services Teen Work Program 188827 70 ST CROIX RECREATION CO INC Equipment Repair&Maint Staring Lake 188907 70 BEDNARSKI,JEN Other Contracted Services Kite Festival 189119 70 BENSON,JANET L Other Contracted Services Kite Festival 188123 69 DALE GREEN COMPANY,THE Operating Supplies Park Maintenance 189439 69 METROPOLITAN FORD Equipment Parts Fleet Operating 188251 68 UPS Equipment Repair&Maint Water System Maintenance 188675 67 A TO Z RENTAL CENTER Equipment Parts Fleet Operating 189412 67 HYDROLOGIC WATER MANAGEMENT Repair&Maint.Supplies Park Maintenance 189499 66 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store 188478 66 XCEL ENERGY Electric Emergency Preparedness 188106 65 BATES,DON Other Contracted Services Staring Lake Concert 188380 65 MAECK,TOM Other Contracted Services Staring Lake Concert 189092 64 TYSK,AUTUMN Accounts Receivable Community Center Admin 189303 64 TYSK,AUTUMN Accounts Receivable Community Center Admin 188834 64 STEVE LUCAS PHOTOGRAPHY Video&Photo Supplies Fire 188962 64 FSH COMMUNICATIONS LLC Telephone Riley Lake 188856 63 ANDERSON,EDIE Accounts Receivable Community Center Admin 188893 63 ABDISALAM,BILAN Other Contracted Services Teen Work Program 188993 63 JETER,HANNAH Other Contracted Services Teen Work Program 189048 63 ONCE UPON A STAR Instructor Service Preschool Events 189075 63 SHAW,CARLEY Other Contracted Services Teen Work Program 189546 63 OSOWSKI,ANDREW Other Contracted Services Teen Work Program 188121 62 COSTCO Operating Supplies Fire 189386 62 FEIDT,ADAM M Mileage&Parking IT Operating 189432 62 LOWE,CONNIE Accounts Receivable Community Center Admin 188139 62 G&K SERVICES Clothing&Uniforms General Facilities 188440 62 SHRED-IT Waste Disposal City Center Operations 189482 61 SHRED-IT Waste Disposal City Center Operations 188493 60 FLOREY,ELISE Deposits Community Center Admin 188502 60 JOHNSON,PAUL Deposits Community Center Admin 189030 60 MINNESOTA FIRE CHIEF MAGAZINE Dues&Subscriptions Fire 189403 60 HANINK,KELLY Tuition Reimbursement/School Police 188201 59 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 189472 59 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Operating 189224 58 KRAEMERS HARDWARE INC Supplies-General Bldg Community Center Maintenance 189267 58 PRIDEAUX,WILLIAM Accounts Receivable Community Center Admin 188488 58 CUB FOODS EDEN PRAIRIE Operating Supplies Emergency Preparedness 188760 57 KEMMERER,MICHAEL H Deposits Escrow 189281 57 SANDHOFER,JEFFREY Accounts Receivable Community Center Admin 189003 57 KEEPERS Clothing&Uniforms Reserves 189164 57 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 189165 56 ANDERSON,ELIZABETH Accounts Receivable Community Center Admin 188296 56 CITI-CARGO&STORAGE CO,INC Other Rentals Summer Theatre 189525 54 BERRETH,NATALIE E Other Contracted Services Teen Work Program Check# Amount Vendor/Explanation Account Description Business Unit Explanation 189531 54 FERRELL,ALLISON MARIE Other Contracted Services Teen Work Program 188245 54 STOVRING,LESLIE Mileage&Parking Storm Drainage 189313 54 WALSER CHRYSLER JEEP Equipment Repair&Maint Fleet Operating 189194 53 GARDEN ROOM FRATELLPS GARDEN Other Contracted Services Economic Development 3536 53 VANCO SERVICES Miscellaneous Community Center Admin 188126 53 DEZENSKI,JEFFREY Operating Supplies Fire 188447 51 STRAND MANUFACTURING CO INC Building Repair&Maint. Utility Operations-General 188169 50 KOCH,JIM Other Contracted Services Staring Lake Concert 189151 50 SYVERSON,HARLAN Accounts Receivable Community Center Admin 189551 50 SNETTING,TIM Dues&Subscriptions Police 188333 50 GINA MARIAS INC Operating Supplies Reserves 189227 50 LOFRANO,TAMMY Tuition Reimbursement/School Fitness Classes 188839 49 UNIFORMS UNLIMITED Clothing&Uniforms Police 189394 49 GLENROSE FLORAL AND GIFT SHOPS Deposits Escrow 188386 49 METROPOLITAN FORD Equipment Parts Fleet Operating 188159 48 INDUSTRIAL AND RESIDENTIAL LIG Operating Supplies Utility Operations-General 189236 48 MEINK,MICHAELA Accounts Receivable Community Center Admin 188928 48 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Health and Benefits 188108 47 BDS Supplies-General Bldg Fire Station#3 188198 46 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water System Maintenance 188833 46 STAYWELL COMPANY,THE Training Supplies Pool Lessons 188710 46 CUB FOODS EDEN PRAIRIE Operating Supplies Police 188905 45 BAZRAFSHAN,MEHDI Accounts Receivable Community Center Admin 189037 45 MULLETT,JACKSON Other Contracted Services Teen Work Program 189543 45 KRANTZ,KEVIN J Other Contracted Services Teen Work Program 189213 44 J H LARSON COMPANY Supplies-Electrical Community Center Maintenance 189401 43 HACH COMPANY Laboratory Chemicals Water Treatment Plant 188484 42 CARLSTON,KRISTIN Accounts Receivable Community Center Admin 188935 42 CONNEY SAFETY PRODUCTS Office Supplies General 188234 41 SEIFERT,PATRICIA Cash Over/Short General Fund 189186 41 EGAN OIL COMPANY Equipment Parts Fleet Operating 188711 40 CULLIGAN BOTTLED WATER Operating Supplies Fire 188479 40 ALDRITT,JACKIE&JOHN Deposits Community Center Admin 188495 40 FUGLESTEN,BONNIE&LARRY Deposits Community Center Admin 188513 40 PAHL,DANIEL Deposits Community Center Admin 188518 40 SODERBERG,KATHY&SCOTT Deposits Community Center Admin 188522 40 TOMLINSON,TERM&ROBERT Deposits Community Center Admin 189123 40 EARL F ANDERSEN INC Supplies-General Bldg Publick Works/Parks 189370 39 COMCAST Dues&Subscriptions City Council 188699 38 CAWLEY COMPANY,THE Office Supplies Arts Center 188426 36 RIDGEVIEW CLINICS Employment Support Test Organizational Services 189540 36 KARPAS,JULIA Other Contracted Services Teen Work Program 189295 36 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 188492 35 FASTENAL COMPANY Operating Supplies Traffic Signs 189287 34 SNAP-ON TOOLS Small Tools Fleet Operating 188824 32 SNAP-ON TOOLS Small Tools Fleet Operating 189349 32 AAA LAMBERTS LANDSCAPE PRODUCT Repair&Maint.Supplies Water System Maintenance 189448 32 MOHAMUD,RUIKA Accounts Receivable Community Center Admin 188892 32 AAA LAMBERTS LANDSCAPE PRODUCT Repair&Maint.Supplies Water System Maintenance 188819 32 RED WING,CITY OF Operating Supplies Police 188777 31 METROPOLITAN FORD Equipment Parts Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 189452 30 MURRAY,JOHN Other Contracted Services Softball 188274 29 AQUA ENGINEERING INC Repair&Maint.Supplies Park Maintenance 3523 29 VANCO SERVICES Miscellaneous Community Center Admin 189009 29 LANDS END CORPORATE SALES Clothing&Uniforms Police 189503 28 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating 189076 27 SLIGH,MADISON E Other Contracted Services Teen Work Program 188744 27 HOHENSTEINS INC Beer Den Road Liquor Store 189206 26 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Park Maintenance 189142 26 RUMFORD,JOAN Accounts Receivable Community Center Admin 188481 26 BONHAM,DANIEL Accounts Receivable Community Center Admin 188774 25 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 188767 25 LINDELL HEATING&AIR CONDITIO Cash Over/Short General Fund 188480 25 BOLDENOW,MARY Accounts Receivable Community Center Admin 189167 24 AT&T MOBILITY Pager&Cell Phone Park Maintenance 188504 24 KRAEMERS HARDWARE INC Supplies-General Bldg Community Center Maintenance 188104 24 AT&T MOBILITY Pager&Cell Phone Park Maintenance 188497 23 HAMRE,SUSAN Accounts Receivable Community Center Admin 189280 23 SAATZER,JOSH Other Contracted Services Softball 188306 23 DEZENSKI,JEFFREY Repair&Maint.Supplies Fire 189163 22 ALTERNATIVE BUSINESS FURNITURE Supplies-General Bldg Furniture 188911 21 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 188325 20 FORCE AMERICA Equipment Parts Fleet Operating 188153 20 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 188237 20 SHARMA,ARVIND Deposits Community Center Admin 188238 20 SHEPPARD,BETH Deposits Community Center Admin 188446 20 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 188482 20 BURNS,DAVID Deposits Community Center Admin 188485 20 CLARK,GARY Deposits Community Center Admin 188486 20 COFFMAN,CAROL Deposits Community Center Admin 188491 20 EMERSON,KARIN Deposits Community Center Admin 188494 20 FRAYNE,GORDON Deposits Community Center Admin 188496 20 GRAWE,JARED Deposits Community Center Admin 188498 20 HANISCH,RYAN Deposits Community Center Admin 188500 20 HORTH-SWANSON,MYLENE Deposits Community Center Admin 188503 20 KEELER,KATIE Deposits Community Center Admin 188505 20 LAMOTHE,LISA Deposits Community Center Admin 188506 20 LARSON,ARVID Deposits Community Center Admin 188507 20 LOSSING,TAMMY Deposits Community Center Admin 188508 20 LUNDER,JENNIFER Deposits Community Center Admin 188509 20 MAKI,CHAD Deposits Community Center Admin 188510 20 MONTGOMERY,NICHOLAS Deposits Community Center Admin 188514 20 PEARSON,ELLEN Accounts Receivable Community Center Admin 188515 20 PROCTOR,MILDRED Deposits Community Center Admin 188516 20 SAINI,SUMITA Deposits Community Center Admin 188517 20 SHAFER,SCOTT Deposits Community Center Admin 188520 20 SUTERMEISTER,GRACIA Deposits Community Center Admin 188521 20 SWARTOUT,MARIT Deposits Community Center Admin 188525 20 WILKINSON,SUSAN Deposits Community Center Admin 188526 20 WILLETTE,ERIKA Deposits Community Center Admin 188527 20 WU,XIAOMING Deposits Community Center Admin 188896 20 ALDRITT,JACKIE Accounts Receivable Community Center Admin Check# Amount Vendor/Explanation Account Description Business Unit Explanation 189331 20 KUCH,BONNIE VEVERKA Wages No Benefits Elections 189266 20 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Sewer System Maintenance 188874 20 QUICKSILVER EXPRESS COURIER Postage Utility Operations-General 189509 19 VERNOIA,FRANK Operating Supplies Fire 189473 18 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 189114 17 ZURN,REVONDA Accounts Receivable Community Center Admin 188277 17 ASPEN MILLS Clothing&Uniforms Fire 188867 16 HARDEN,DENISE Accounts Receivable Community Center Admin 188797 16 NS/I HORWITZ MECHANICAL Cash Over/Short General Fund 189102 15 WEBB,CHAUNTEL Accounts Receivable Community Center Admin 188678 14 AMERICAN RED CROSS Licenses,Permits,Fees Oak Point Lessons 188933 13 COMCAST Operating Supplies Fire 189041 13 NORCOSTCO Other Rentals Summer Theatre 189211 13 HYDROLOGIC WATER MANAGEMENT Repair&Maint.Supplies Park Maintenance 188290 12 BRUENING,CHARLOTTE Accounts Receivable Community Center Admin 189012 11 LINDE,MARGAUX Operating Supplies Girls on the Run 188192 10 METROPOLITAN MECHANICAL CONTRA Cash Over/Short General Fund 188795 10 NEWPAPER LLC Operating Supplies City Council 188930 10 CHAFFEE,MARY Accounts Receivable Community Center Admin 189246 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 188287 8 BOYER TRUCKS Equipment Parts Fleet Operating 188282 8 BATTERIES PLUS Supplies-General Bldg City Hall-CAM 189383 7 EGAN OIL COMPANY Lubricants&Additives Fleet Operating 188857 5 BRUENING,CHARLOTTE Accounts Receivable Community Center Admin 189001 5 KADLEC,EVELYN Accounts Receivable Community Center Admin 188170 3 KOCOUREK,JOAN Clothing&Uniforms Police 189223 3 KOCOUREK,JOAN Clothing&Uniforms Police 13,202,750 Grand Total City of Eden Prairie Purchasing Card Payment Report 07/20/09 Payment Amount Explanation Vendor Account Description Business Unit 259 UaS-Summer Camp Suppl. TRIARCO Recreation Supplies Arts Center 247 US-2009 Recruiting CD M LEE SMITH PUBLISHERS LLC Conference Expense Human Resources 366 US-3 Signs for Beaches FASTSIGNS Operating Supplies Riley Lake Beach 310 US-3 umbrellas for Beaches KIEFER SPORTS GROUP Operating Supplies Riley Lake Beach 18 US-4th of July Arts&Crafts DOLLAR TREE STORES,INC. Operating Supplies July 4th Celebration 8 US-4th of July Arts&Crafts MICHAELS-THE ARTS&CRAFTS S Operating Supplies July 4th Celebration 20 US-4th of July Arts&Crafts LAKESHORE LEARNING STORE Operating Supplies July 4th Celebration 9 US-4th of July Celebration WALGREEN'S#5080 Operating Supplies July 4th Celebration 162 US-4th of July Supplies WALMART COMMUNITY Operating Supplies July 4th Celebration 605 US-6 NRPA Memberships NRPA Dues&Subscriptions Parks Administration 9 US-AMP Railing-Staring MENARDS Building Repair&Maint. Staring Lake 825 US-Apparatus Train.Online NATIONAL SAFETY COUNCIL Safety Supplies Fire 27 US-Around Town Program MILIO'S SANDWICHES Operating Supplies Around Town 30 US-Art Center Class Suppl. MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 68 US-Art Ctr Class Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 6 US-Batteries-Investig.Equip. CUB FOODS EDEN PRAIRIE Equipment Repair&Maint Police 16 US-Bench Anchors-Sr.Ctr. MENARDS Operating Supplies Park Maintenance 8 US-Blog TIGER TECHNOLOGIES Software IT Operating 10 US-Boards and Screws MENARDS Operating Supplies Park Maintenance 39 US-Business Meeting PANERA BREAD Operating Supplies Fire 42 US-Cake-Jazz on the Prair. RAINBOW FOODS INC. Operating Supplies Staring Lake Concert 37 US-Camera Memory Card WOLF CAMERA Office Supplies Recreation Administration 22 US-Cell Phone Car Charger VERIZON WIRELESS Equipment Parts Sewer System Maintenance 60 US-Child Seat Safety Train. SAFE KIDS WORLDWIDE Tuition Reimbursement/School Police 9 US-Clay Camp Supplies RAINBOW FOODS INC. Operating Supplies Arts Center 15 US-Concrete Supplies MENARDS Asphalt Overlay Street Maintenance -15 US-Credit NEXT DAY GOURMET Merchandise for Resale Concessions 37 US-Culture Camp Supplies TARGET Recreation Supplies Arts Center 73 US-Day Care Ctr Supplies LAKESHORE LEARNING STORE Operating Supplies Day Care 7 US-Degree Verification NATIONAL STUDENT CLEARINGHOUSE Other Contracted Services Organizational Services 7 US-Degree Verification NATIONAL STUDENT CLEARINGHOUSE Other Contracted Services Organizational Services 11 US-Drivers'Safety Program WALGREEN'S#5080 Operating Supplies Classes/Programs/Events 195 US-DWI Legal Update Class MINNESOTA COUNTY ATTORNEYS ASS Tuition Reimbursement/School Police 430 US-EDAM Summer Conf. RUTTGERS BAY LAKE LODGE Conference Expense Community Development Admin. 275 US-E-One Truck Visit NORTHWEST AIRLINES Travel Expense Fire 275 US-E-One Truck Visit NORTHWEST AIRLINES Travel Expense Fire 40 US-E-Permit Web Security PAYPAL INC Equipment Repair&Maint IT Operating 14 US-Event Supplies WALMART COMMUNITY Operating Supplies Pool Operations 351 US-Filter Isolator AGM ELECTRONICS,INC Equipment Parts Water Treatment Plant 118 US-Fire Inspectors Training PASTRAMI JACK'S Operating Supplies Fire 159 US-Fitness Equipment AXIA HEALTH MANAGEMENT Operating Supplies Fitness Classes 107 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 71 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 131 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 15 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 23 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 35 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 63 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 94 US-Food for Cafe RAINBOW FOODS INC. Merchandise for Resale Concessions 22 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 99 US-Fraud Charge US BANK Deposits Escrow 207 US-Fun Friday#1 GRAND SLAM SPORTS&ENTERTAINM Special Event Fees Teen Work Program 200 US-Gym Supplies S&S WORLDWIDE Capital Under$2,000 Gymnasium(CC) 32 US-Heavy Duty Box MENARDS Small Tools Street Maintenance 164 US-Hydrant Painting MENARDS Repair&Maint.Supplies Water System Maintenance 160 US-I&I Project OFFICEMAX CREDIT PLAN Repair&Maint.Supplies Infiltration/Inflow Study 85 US-I&I Project MENARDS Equipment Parts Sewer System Maintenance 23 US-Ice for July 4th HOLIDAY STATION STORES INC Operating Supplies July 4th Celebration 5 US-Ice for Lake riley Event SUPERAMERICA Operating Supplies Riley Lake Beach 179 US-Investment Teleconfer. LORMAN EDUCATION SERVICES Conference Expense Finance 24 US-Irrigation Eequipment AT&T MOBILITY Pager&Cell Phone Park Maintenance 24 US-Irrigation Supplies MENARDS Repair&Maint.Supplies Park Maintenance 67 US-Irrigation-Misc.Supplies MENARDS Operating Supplies Park Maintenance 13 US-Jazz on the Prairie Items WALMART COMMUNITY Operating Supplies Staring Lake Concert 7 US-Jazz on the Prairie Items PARTY CITY Operating Supplies Staring Lake Concert 13 US-July 4th Event TARGET Operating Supplies Special Events(CC) 201 US-July 4th Event Supplies DOLLAR TREE STORES,INC. Operating Supplies July 4th Celebration 107 US-July 4th Event Supplies DOLLAR TREE STORES,INC. Operating Supplies July 4th Celebration 80 US-July 4th Event Supplies MENARDS Operating Supplies July 4th Celebration 219 US-K-9 Trials-Jeff Irmiter COUNTRY INN&SUITES Tuition Reimbursement/School Police 188 US-Kiddie Parade-July 4th WALMART COMMUNITY Operating Supplies Special Events(CC) 149 US-Ladder for Shop MENARDS Operating Supplies Park Maintenance 30 US-Laminating Pouches OFFICE DEPOT CREDIT PLAN Operating Supplies Community Center Admin 12 US-Live Well Basket HOMEGOODS Operating Supplies July 4th Celebration 27 US-Live Well Basket PARTY CITY Operating Supplies July 4th Celebration Amount Explanation Vendor Account Description Business Unit 10 US-Live Well Basket DOLLAR TREE STORES,INC. Operating Supplies July 4th Celebration 13 US-Lunch and Learn KOWALSKI'S MARKET Operating Supplies Classes/Programs/Events 47 US-Lunch and Learn KOWALSKI'S MARKET Operating Supplies Classes/Programs/Events 1,668 US-May 2009 Bldg Surchrg PAYPAL INC Building Surcharge General Fund 290 US-May 2009 Bldg Surchrg PAYPAL INC Mechanical Surcharge General Fund 99 US-May 2009 Bldg Surchrg PAYPAL INC Plumbing Surcharge General Fund -41 US-May 2009 Bldg Surchrg PAYPAL INC Other Revenue General Fund 23 US-Mediation for St.$(2) COSI Operating Supplies Fire 869 US-Membership Cards ID WHOLESALER Video&Photo Supplies Community Center Admin -27 US-Memory Card Refund WOLF CAMERA Office Supplies Recreation Administration 46 US-Miller PkGrand Opening HENNEPIN COUNTY TREASURER Operating Supplies Kite Festival 28 US-Mtg w/Kotchevar/Kurt HONEY GARDEN CHINESE Miscellaneous Administration 78 US-Mulch-Senior Center MENARDS Landscape Materials/Supp Park Maintenance 81 US-Mulch-Senior Center MENARDS Landscape Materials/Supp Park Maintenance 52 US-Mulch-Senior Center MENARDS Landscape Materials/Supp Park Maintenance 156 US-Office Supplies OFFICEMAX CREDIT PLAN Operating Supplies Community Center Admin 174 US-Office Supplies OFFICE DEPOT CREDIT PLAN Office Supplies Utility Operations-General 1 US-Office Supplies MENARDS Equipment Parts Fleet Operating 144 US-Outdoor Ctr Supplies ORIENTAL TRADING Operating Supplies Outdoor Center 16 US-Parts PRAMAC Equipment Parts Fleet Operating 30 US-Pk Maint.Equipment MENARDS Operating Supplies Park Maintenance 60 US-Plants for Dell Rd Island HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Street Maintenance 72 US-Plants for Dell Rd Island HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Street Maintenance 13 US-Playground Camp Supp. WALGREEN'S#5080 Operating Supplies Accessibility 27 US-Playground Supplies TARGET Operating Supplies Playgrounds 54 US-Playground Supplies WALMART COMMUNITY Operating Supplies Playgrounds 80 US-Playground Supplies WALGREEN'S#5080 Operating Supplies Playgrounds 263 US-Playground Supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Youth Programs Administration 8 US-Playground Supplies WALMART COMMUNITY Operating Supplies Playgrounds 212 US-Playground Supplies WALGREEN'S#5080 Operating Supplies Playgrounds 299 US-Playground Supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Playgrounds 700 US-Playground Supplies DISCOUNT SCHOOL SUPPLY Recreation Supplies Playgrounds 58 US-Prizes TARGET Operating Supplies Special Events(CC) 51 US-Purgatory Creek Plants BACHMANS CREDIT DEPT Landscape Materials/Supp Park Maintenance 26 US-Refreshments-July 4th TARGET Operating Supplies July 4th Celebration 116 US-Repair to Equipment EOTECH Equipment Repair&Maint Police 462 US-Repair Water Locators METROTECH CORPORATION Equipment Repair&Maint Water System Maintenance 362 US-Repair Water Locators METROTECH CORPORATION Equipment Repair&Maint Water System Maintenance -31 US-Return Credit TARGET Operating Supplies Special Events(CC) 34 US-Sat Night Out Program BRUNSWICK BOWLING LANES Special Event Fees Teen Programs 65 US-Sat Night Out Program STAGES THEATRE COMPANY Special Event Fees Teen Programs 96 uS-Senior Bus Trip KOWALSKI'S MARKET Operating Supplies Classes/Programs/Events 53 US-Senior Garden Party CUB FOODS EDEN PRAIRIE Operating Supplies Senior Board 43 US-Senior Garden Party BACHMANS CREDIT DEPT Special Event Fees Senior Board 32 US-Senior Garden Party PARTY CITY Special Event Fees Senior Board 1,296 US-Sepakers for EPCC GUITAR CENTER Capital Under$2,000 Gymnasium(CC) 92 US-Shoe Buffer Replacemt. PEAS AND CORN CO Repair&Maint.Supplies Police City Center 22 US-Shop Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer System Maintenance 6 US-Sign Department Supply MENARDS Operating Supplies Traffic Signs 100 US-Sign-Lake Riley Beach FASTSIGNS Operating Supplies Riley Lake Beach 58 US-Sound Equipment-SLCS MUSIC FACTORY Operating Supplies Staring Lake Concert 120 US-Sound Equipment-SLCS MILESTEK Operating Supplies Staring Lake Concert 90 US-Sr Ctr.Facility Supplies MENARDS Landscape Materials/Supp Park Maintenance 98 US-Staff Supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Youth Programs Administration 5 US-Staff Training KOWALSKI'S MARKET Training Supplies Pool Operations 24 US-STS Painters MENARDS Repair&Maint.Supplies Water System Maintenance 16 US-Summer Camp Supplies TRIARCO Recreation Supplies Arts Center 51 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 56 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 48 US-Supplies for Oak Point TARGET Recreation Supplies Oak Point Lessons 15 US-Tennis Registration ACTIVE.COM INC. Operating Supplies Tennis 29 US-Tennis Registration ACTIVE.COM INC. Operating Supplies Tennis 29 US-Tennis Registration ACTIVE.COM INC. Operating Supplies Tennis 15 US-Tennis Registration ACTIVE.COM INC. Operating Supplies Tennis 15 US-Tennis Registration ACTIVE.COM INC. Operating Supplies Tennis 22 US-Toys for Lessons WALMART COMMUNITY Recreation Supplies Oak Point Lessons 49 US-Traffic Counting Equip. CONCRETE FASTENING SYSTEMS Right of Way&Easement Engineering 40 US-UB Online Processing PAYPAL INC Bank and Service Charges Utility Operations-General 40 US-UB Recurr.Credit Cards PAYPAL INC Bank and Service Charges Utility Operations-General 8 US-Vactor Part OLSEN CHAIN&CABLE Equipment Parts Sewer System Maintenance 1,800 US-Vactor Parts HOSECRAFT USA Equipment Parts Sewer System Maintenance 33 US-Wading Boots MENARDS Asphalt Overlay Street Maintenance 21 US-Wash Spray MENARDS Operating Supplies Park Maintenance 4 US-Water Line Repairs SUPERAMERICA Operating Supplies Park Maintenance 20,230 Grand Total City of Eden Prairie Council Check Summary 9/1/2009 Division Amount Division Amount General 63,572 803 Escrow Fund 3,000 100 City Manager 390 806 SAC Agency Fund 6,325 101 Legislative 2,600 Total Agency Funds 9,325 111 Customer Service 5,763 112 Human Resources 10 807 Benefits Fund 199,028 113 Communications 134 809 Investment Fund 1,380 114 Benefits&Training 543 810 Workers Comp Insurance 125 130 Assessing 72 812 Fleet Internal Service 26,692 131 Finance 148 813 IT Internal Service 18,214 132 Housing and Community Services 1,775 814 Facilities Capital ISF 28,371 133 Planning 138 815 Facilites Operating ISF 31,182 136 Public Safety Communications 3,418 816 Facilites City Center ISF 92,328 137 Economic Development 436 817 Facilites Comm.Center ISF 34,096 138 Community Development Admin. 305 Total Internal Service Funds 431,415 151 Park Maintenance 39,205 153 Organized Athletics 5,651 Report Totals 2,510,154 154 Community Center 8,947 155 Beaches 74 156 Youth Programs 580 157 Special Events 978 158 Adult Recreation 946 160 Therapeutic Recreation 30 161 Oak Point Pool 6,866 162 Arts 2,356 163 Outdoor Center 7,137 168 Arts Center 450 180 Police 8,565 183 Emergency Preparedness 357 184 Fire 11,383 186 Inspections 300 200 Engineering 8,570 201 Street Maintenance 1,072,637 202 Street Lighting 67,276 Total General Funds 1,321,610 301 CDBG 32,119 303 Cemetary Operation 19 304 Senior Board 3 308 E-911 37 309 DWI Forfeiture 2,190 Total Special Revenue Funds 34,368 315 Economic Development 29,807 503 Utility Improvement 67,592 509 CIP Fund 14,295 512 CIP Trails 802 522 Improvement Projects 2006 1,405 Total Capital Project Funds 113,901 601 Prairie Village Liquor 144,731 602 Den Road Liquor 200,382 603 Prairie View Liquor 119,083 605 Den Road Building 1,784 701 Water Fund 117,307 702 Sewer Fund 3,844 703 Storm Drainage Fund 12,404 Total Enterprise Funds 599,536 City of Eden Prairie Council Check Register 9/1/2009 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 189641 600,559 GMH ASPHALT CORPORATION Asphalt Overlay Street Maintenance Bituminous Overlay 189799 442,842 ALLIED BLACKTOP CO Seal Coating Street Maintenance Seal Coating 3553 157,582 WELLS FARGO MINNESOTA N A Federal Taxes Withheld Health and Benefits Federal Taxes Withheld 189953 137,449 XCEL ENERGY Electric Round Lake Monthly Electric 3549 122,587 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund Sales&Use Tax 189781 115,535 XCEL ENERGY Electric Arts Center Monthly Electric 189810 59,925 BERGERSON-CASWELL INC Machinery&Equipment Utility Improvement Fund 189863 36,355 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 189667 33,100 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 3555 31,885 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 189715 28,371 PETERSON BROS ROOFING AND CONS Building Facilities Capital 189944 20,782 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 3552 20,313 ING Deferred Compensation General Fund 189775 20,005 WIRTZ BEVERAGE MINNESOTA Liq Inventory Credits Den Road Liquor Store 189668 18,570 KAMIDA INC Other Contracted Services Miller Park 189663 18,364 JJ TAYLOR DISTRIBUTING MINNESO Wine Domestic Prairie View Liquor Store 189780 17,959 WSB&ASSOCIATES INC Other Contracted Services Economic Development Fund 189895 17,901 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 189923 17,546 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store 189858 16,602 JJ TAYLOR DISTRIBUTING MINNESO Beer Prairie View Liquor Store 189756 16,264 THORPE DISTRIBUTING Beer Prairie View Liquor Store 189776 16,067 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 189903 15,082 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 189899 15,037 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 189726 14,849 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 3551 14,621 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 189644 14,376 GRAYMONT Treatment Chemicals Water Treatment Plant 189829 13,795 DAY DISTRIBUTING Wine Domestic Prairie View Liquor Store 189945 12,236 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 189656 11,916 HOME DEPOT Other Contracted Services Rehab 189783 11,565 YALE MECHANICAL INC Other Contracted Services Pool Maintenance 189718 10,375 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 189710 10,085 NORTHSTAR MUDJACKING SPECIALIS Seal Coating Street Maintenance 189855 9,859 INTEGRA TELECOM Operating Supplies IT Telephone 189932 9,293 VARITECH INDUSTRIES INC Capital Under$10,000 Snow&Ice Control 189604 9,115 COMPAR INC Other Hardware Capital Impr./Maint.Fund 189867 8,993 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits 189757 8,897 TOPSIDE INC Other Contracted Services Rehab 189850 8,562 GRAYMONT Treatment Chemicals Water Treatment Plant 189900 8,544 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 189814 8,358 BIFFS INC Waste Disposal Park Maintenance 189790 7,869 DIVERSE BUILDING MAINTENANCE Cleaning Supplies Community Center Maintenance 189950 7,678 WSB&ASSOCIATES INC Other Contracted Services Economic Development Fund 189690 7,647 METRO FIRE Small Tools Fire Check# Amount Vendor/Explanation Account Description Business Unit Explanation 189707 7,132 NEW WORLD SYSTEMS Other Assets CIP-Bonds 189583 6,950 BELLBOY CORPORATION Transportation Den Road Liquor Store 189613 6,928 DAY DISTRIBUTING Beer Prairie View Liquor Store 189877 6,576 MIDWEST ASPHALT CORPORATION Repair&Maint.Supplies Storm Drainage 189580 6,337 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 189691 6,265 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 189809 6,243 BELLBOY CORPORATION Transportation Prairie View Liquor Store 189661 6,187 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 189618 6,100 DIAMOND K CONSTRUCTION INC Other Contracted Services Rehab 189759 5,515 TRAFFIC DATA INC Design&Engineering Engineering 189714 5,323 PAUSTIS&SONS COMPANY Wine Domestic Den Road Liquor Store 189720 5,252 PLANT&FLANGED EQUIPMENT Equipment Parts Water Treatment Plant 189887 5,180 NEW WORLD SYSTEMS Other Assets CIP-Bonds 189766 5,042 VR BUILDERS Other Contracted Services Rehab 189897 4,762 POWER SYSTEMS Capital Under$10,000 Fitness Classes 189957 4,674 A-SCAPE INC Contracted Svcs-Lawn Maint. City Hall-CAM 189798 4,246 A-SCAPE INC Contract Svcs-Lawn Maint Fire Station#4 189597 4,192 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 189744 4,170 SPRINGSTED INCORPORATED Other Contracted Services Project Fund 189772 4,167 WINE MERCHANTS INC Transportation Prairie View Liquor Store 189721 4,084 POMP'S TIRE SERVICE INC Tires Fleet Operating 189960 4,064 CELLEBRITE USA CORP Miscellaneous Fire 189892 3,966 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 189983 3,713 WINE MERCHANTS INC Transportation Prairie View Liquor Store 189627 3,679 ESS BROTHERS&SONS INC Repair&Maint.Supplies Infiltration/Inflow Study 189896 3,590 POMP'S TIRE SERVICE INC Tires Fleet Operating 189600 3,368 CENTURYTEL Telephone Customer Service 189864 2,955 KEEPERS Clothing&Uniforms Fire 189964 2,890 ERICKSON,MARK Design&Engineering Engineering 189693 2,831 MIDWEST ASPHALT CORPORATION Repair&Maint.Supplies Storm Drainage 189919 2,600 SUBURBAN RATE AUTHORITY Dues&Subscriptions City Council 189745 2,521 SPRINT Wireless Subscription IT Operating 189771 2,467 WINE COMPANY,THE Transportation Den Road Liquor Store 189674 2,351 KUSTOM SIGNALS INC Miscellaneous DWI Forfeiture 189875 2,343 METRO SALES INCORPORATED* Other Rentals Customer Service 189697 2,284 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 189970 2,253 LAKE COUNTRY DOOR LLC Contracted Svcs-General Bldg Fire Station#3 189777 2,241 WM MUELLER AND SONS INC Gravel Water System Maintenance 189967 2,046 HOME DEPOT CREDIT SERVICES Repair&Maint Supplies City Hall-CAM 189929 2,004 TWIN CITY TACTICAL Capital Under$10,000 Police 189565 1,919 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 189825 1,889 CLARK ENGINEERING CORP Improvement Contracts Improvement Projects 2006 189797 1,882 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 189762 1,880 USA MOBILITY WIRELESS INC Pager&Cell Phone Public Safety Communications 189821 1,843 CEMSTONE PRODUCTS COMPANY Seal Coating Street Maintenance 189817 1,842 BOYER TRUCKS Equipment Parts Fleet Operating 189968 1,736 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 189683 1,673 MAACO Equipment Repair&Maint Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 189959 1,670 BLOOMINGTON SECURITY SOLUTIONS Other Contracted Services City Center Operations 189871 1,668 MAACO Equipment Repair&Maint Fleet Operating 189643 1,662 GRAPE BEGINNINGS Transportation Den Road Liquor Store 189700 1,646 MN DNR WATERS Licenses&Taxes Water Treatment Plant 189787 1,620 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Building 189958 1,573 ASPEN WASTE SYSTEMS INC. Waste Disposal City Hall-CAM 189602 1,545 CLAUDE'S CERAMIC TILE INC Ed Center-Contr.Svcs City Hall-Direct Costs 189685 1,500 MEALS ON WHEELS Other Contracted Services Housing and Community Service 189930 1,455 US BANK Other Contracted Services Health and Benefits 189851 1,439 HACH COMPANY Laboratory Chemicals Water Treatment Plant 189818 1,405 BRAUN INTERTEC CORPORATION Other Contracted Services Improvement Projects 2006 189831 1,384 DNR Awards Softball 189872 1,383 MACQUEEN EQUIPMENT INC Equipment Repair&Maint Sewer System Maintenance 189816 1,374 BOLD,PAULINE Instructor Service Outdoor Center 189947 1,373 WORK CONNECTION,THE Other Contracted Services Park Maintenance 189801 1,352 ANCHOR PRINTING COMPANY Printing Police 189823 1,345 CENTERPOINT ENERGY Gas Water Treatment Plant 189778 1,321 WORK CONNECTION,THE Other Contracted Services Park Maintenance 189815 1,285 BLOOMINGTON,CITY OF Kennel Services Animal Control 189920 1,278 SUBURBAN TIRE WHOLESALE INC Tires Fleet Operating 189940 1,263 WINE COMPANY,THE Transportation Prairie View Liquor Store 189585 1,200 BOLD,PAULINE Instructor Service Outdoor Center 189727 1,197 QWEST Telephone E-911 Program 189975 1,190 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM 189878 1,158 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie View Liquor Store 189948 1,096 WORLD CLASS WINES INC Transportation Prairie View Liquor Store 189603 1,087 CLEARWATER RECREATION Other Assets Park Acquisition&Dev Fixed A 189615 1,086 DECORATIVE DESIGNS INC Contract Svcs-Garden Rm/Caf. City Hall-CAM 189980 1,080 STAPLES ADVANTAGE Office Supplies General 189934 1,071 VINOCOPIA Transportation Den Road Liquor Store 189868 1,031 LIGHTNING PRINTING INC Printing International Festival 189767 1,027 WALL TRENDS INC Other Contracted Services Ice Arena Maintenance 189633 1,008 FIELD LOGIC INC Operating Supplies Staring Lake 189640 1,000 GIRLS ON THE RUN INTERNATIONAL Licenses&Taxes Girls on the Run 189853 992 HOHENSTEINS INC Beer Prairie View Liquor Store 189922 989 TESSMAN SEED CO Chemicals Park Maintenance 189739 942 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 189754 939 TESSMAN SEED CO Seal Coating Street Maintenance 189568 924 ADVANCED ENGINEERING&ENVIRON Design&Engineering Utility Improvement Fund 3554 907 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 189709 892 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 189849 848 GRAPE BEGINNINGS Transportation Den Road Liquor Store 189567 840 ACCESSDATA CORP Miscellaneous IT Operating 189657 838 HORIZON COMMERCIAL POOL SUPPLY Repair&Maint.Supplies Pool Maintenance 189915 810 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating 189642 794 GRAINGER Capital Under$10,000 Water Treatment Plant 189591 768 BUCK,NATHAN Other Contracted Services Softball 189946 753 WM MUELLER AND SONS INC Repair&Maint.Supplies Infiltration/Inflow Study Check# Amount Vendor/Explanation Account Description Business Unit Explanation 3548 753 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 189765 747 VISTAR CORPORATION Merchandise for Resale Concessions 189626 738 ESCOM PROPERTIES Deposits Escrow 189650 729 HAWKINS INC Treatment Chemicals Water Treatment Plant 189670 727 KEVITT EXCAVATING INC Deposits Escrow 189743 727 SOUTHWEST METRO TRANSIT Deposits Escrow 189921 713 SURLY BREWING CO Beer Prairie Village Liquor Store 189662 701 J H LARSON COMPANY Supplies-Electrical Community Center Maintenance 189577 698 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 189963 689 ECOLAB INC Contract Svcs- Pest Control City Hall-CAM 189860 684 JOHN HENRY FOSTER MINNESOTA IN Equipment Parts Water Treatment Plant 189619 656 DOBOSZENSKI&SONS Deposits Escrow 189974 650 NAHRO Dues&Subscriptions Community Development Admin. 189625 646 EPI INVESTIGATIONS INC Design&Engineering Utility Improvement Fund 189711 633 OLD LOG THEATER Program Fee Trips 189845 615 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 189566 603 A-SCAPE INC Contract Svcs-Lawn Maint. City Hall-CAM 189936 603 WALL TRENDS INC Contract Svcs-General Bldg Community Center Maintenance 189955 603 ZAHN,GERALD Other Contracted Services Volleyball 189908 594 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 189843 588 GE CAPITAL Other Rentals Customer Service 189834 569 ECOLAB INC Contract Svcs-Pest Control Community Center Maintenance 189651 568 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 189571 559 AMERICAN RED CROSS Licenses,Permits,Fees Pool Lessons 189881 551 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 189755 543 THE OASIS GROUP Employee Assistance Organizational Services 189779 540 WORLD CLASS WINES INC Transportation Prairie View Liquor Store 189811 524 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 189938 520 WATER CONSERVATION SERVICES IN OCS-Utility Locates Water System Maintenance 189888 512 NEWMECH Contract Svcs-Ice Rink Ice Arena Maintenance 189820 511 BROWN TRAFFIC PRODUCTS INC Equipment Repair&Maint Traffic Signals 189682 510 M.AMUNDSON LLP Misc Non-Taxable Prairie View Liquor Store 189628 510 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant 189673 500 KRAFT,MATTHEW E Other Contracted Services Summer Theatre 189699 495 MN CIT OFFICERS ASSOCIATION Tuition Reimbursement/School Police 3547 493 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health&Benefits 189609 484 CUMMINS NPOWER LLC Equipment Repair&Maint Fleet Operating 189924 483 TIMM,KEVIN Other Contracted Services Softball 189806 477 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 189883 469 MTI DISTRIBUTING INC Landscape Materials/Supp Park Maintenance 189835 468 EDEN PRAIRIE BASEBALL ASSN Operating Supplies July 4th Celebration 189795 467 STERICYCLE INC Operating Supplies Police 189590 462 BROWN,PAUL Other Contracted Services Volleyball 189847 459 GOLDEN VALLEY SUPPLY CO Supplies-General Bldg City Hall-CAM 189639 454 GIRARD'S BUSINESS SOLUTIONS IN Office Supplies Customer Service 189646 450 GUNDERSON,CONSTANCE L. Instructor Service Arts Center 189752 444 SURLY BREWING CO Beer Prairie View Liquor Store 189622 417 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions Fire Check# Amount Vendor/Explanation Account Description Business Unit Explanation 189587 416 BOURGET IMPORTS Transportation Den Road Liquor Store 189687 415 MENARDS Operating Supplies Engineering 189977 414 PROP United Way Withheld General Fund 189912 410 STAPLES ADVANTAGE Office Supplies Customer Service 189740 405 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 189576 404 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 189706 394 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 189844 389 GENERAL GROWTH PROPERTIES LP-E Building Rental Housing and Community Service 189658 380 HYDROLOGIC WATER MANAGEMENT Repair&Maint.Supplies Park Maintenance 189659 371 IDEAL SERVICE INC Equipment Repair&Maint Water Treatment Plant 189696 366 MINNESOTA HIGHWAY SAFETY&RES Tuition Reimbursement/School Police 189931 356 USTA-NORTHERN SECTION Operating Supplies Tennis 189918 344 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 189927 340 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store 189655 337 HOBART Contract Svcs-Garden Romm Garden Room Repairs 189629 331 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Infiltration/Inflow Study 189796 323 ZEE MEDICAL SERVICE Safety Supplies Community Center Admin 189617 322 DESAULNIERS,DAN Other Contracted Services Softball 189788 321 CULVER'S Operating Supplies Kite Festival 189954 321 YALE MECHANICAL INC Contract Svcs-HVAC City Hall-CAM 189836 315 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 189904 312 RAY,LEE Other Contracted Services Softball 189937 307 WALSER CHRYSLER JEEP Equipment Repair&Maint Fleet Operating 189698 301 MINNESOTA WANNER COMPANY Equipment Parts Fleet Operating 189914 301 STATE SUPPLY COMPANY Supplies-Plumbing Ice Arena Maintenance 189889 300 NOKOMIS SHOE SHOP Clothing&Uniforms Inspections-Administration 189637 296 GARDEN ROOM FRATELLI'S GARDEN Other Contracted Services Wine Club 189728 293 RAV TECHNOLOGIES INC Operating Supplies Fitness Classes 189761 287 UHL COMPANY Contract Svcs-HVAC City Hall-CAM 189708 268 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation 189833 262 EARL F ANDERSEN INC Signs Traffic Signs 189723 260 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Public Works/Parks 189592 251 CALIFORNIA CONTRACTORS SUPPLIE Small tools Water Treatment Plant 189632 250 FEIDT,ADAM M Pager&Cell Phone IT Operating 189949 246 WREDE,JULIANE Other Contracted Services Volleyball 189981 244 UNITED WAY United Way Withheld General Fund 189737 240 SCHWARTZ,SHANNON S Instructor Service Outdoor Center 189907 240 SCHWARTZ,SHANNON S Instructor Service Outdoor Center 189874 238 MENARDS Operating Supplies Park Maintenance 189631 235 FASTSIGNS Operating Supplies Ice Arena 189621 232 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions Community Development Admin. 189832 230 DUDA PLUMBING SERVICE INC Equipment Repair&Maint Infiltration/Inflow Study 189660 227 IDENTIX INCORPORATED Operating Supplies Police 189751 225 SUPERIOR STRIPING INC Contract Svcs-Asphalt/Concrt Dunn Brothers 189848 225 GRAINGER Supplies-General Bldg Community Center Maintenance 189694 221 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store 189891 219 PARTEK SUPPLY INC Improvement Contracts CIP Trails 189764 217 VINOCOPIA Transportation Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 189635 216 FORDAHL,TAMARA Other Contracted Services Volleyball 189911 210 SONNY'S BUILDING MAINTENANCE Contract Svcs-Roof Den Bldg.-CAM 189748 208 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating 189729 208 RAY,LEE Other Contracted Services Softball 189962 208 DIVERSE BUILDING MAINTENANCE Other Contracted Services Den Bldg-CAM 189841 200 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 189713 200 PARKER,JAMES E Other Contracted Services Riley-Jacques Barn 189730 200 REESE,TIMOTHY J Other Contracted Services Riley-Jacques Barn 189865 200 KIESLING,ADAM Other Contracted Services Riley-Jacques Barn 189884 200 NAIOP Other Contracted Services Economic Development 189593 199 CAREER TRACK Tuition Reimbursement/School Police 189961 199 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 189695 198 MILLARD,CHRIS Tuition Reimbursement/School Police 189712 198 OVEN HEARTH WHOLESALE BAKERY Merchandise for Resale Concessions 189598 194 CENTERPOINT ENERGY Gas Edenvale Park 189838 194 FASTENAL COMPANY Equipment Parts Fleet Operating 189828 190 DANIMAL DISTRIBUTING INC Beer Den Road Liquor Store 189854 189 IND SCHOOL DIST 272 Printing Kite Festival 189746 187 ST LOUIS PARK POLICE DEPARTMEN Training Supplies Police 189573 186 AMERITRAK Other Contracted Services Street Maintenance 189647 181 HAEFNER,WILLIAM J AR Utility Water Enterprise Fund 189827 180 DALE GREEN COMPANY,THE Asphalt Overlay Street Maintenance 189671 172 KNOX COMPANY Operating Supplies Fire 189753 169 TCM,A TIME INC COMPANY Dues&Subscriptions Fitness Center 189770 168 WEST GROUP Dues&Subscriptions Police 189978 166 QUALITY PROPANE Ice Arena Maint Motor Fuels 189734 165 RODEN,GREG Accounts Receivable Community Center Admin 189869 164 LINDAHL,DAVID Licenses&Taxes Economic Development 189786 163 ZEE MEDICAL SERVICE Safety Supplies Community Center Admin 189704 162 MUSSELL,KATELIN Other Contracted Services Volleyball 189840 162 FOSTER,KATHERINE Other Contracted Services Volleyball 189747 161 STAPLES ADVANTAGE Office Supplies Customer Service 189928 158 TWIN CITY SEED CO Other Assets Park Acquisition&Dev Fixed A 189856 156 J H LARSON COMPANY Supplies-Electrical Community Center Maintenance 189610 154 DALE GREEN COMPANY,THE Asphalt Overlay Street Maintenance 189886 153 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 189870 151 LOCATORS&SUPPLIES INC Patching Asphalt Street Maintenance 189846 150 GLIDDEN,SHAWN Other Contracted Services Riley-Jacques Barn 189677 150 LAVENDER,NATALIE AR Utility Water Enterprise Fund 189824 149 CLAREYS INC Safety Supplies Fleet Operating 189916 149 STRAND MANUFACTURING CO INC Equipment Repair&Maint Water Treatment Plant 189972 144 MN NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 189880 143 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 189909 141 SHERWIN WILLIAMS CO Operating Supplies Park Maintenance 189586 139 BOUNDLESS NETWORK Clothing&Uniforms General Community Center 189652 138 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 189654 138 HERRIG,JEFF Other Contracted Services Softball 189686 135 MEDICINE LAKE TOURS Program Fee Trips Check# Amount Vendor/Explanation Account Description Business Unit Explanation 189569 134 ALPHA VIDEO& AUDIO INC Other Rentals Communications 189616 133 DELL Equipment Repair&Maint Public Safety Communications 189800 132 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 189624 127 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Operating 189584 126 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Police City Center 189678 125 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 189803 125 ARSA Workers Comp Insurance Workers Comp Insurance 189935 125 VOLAVKA,LYNDA Operating Supplies Girls on the Run 189925 120 TOM'S WINDOW CLEANING Window Cleaning Den Bldg.-Direct 189733 120 ROBERTS,KATHRYN Instructor Service Outdoor Center 189606 118 CONNEY SAFETY PRODUCTS Office Supplies Customer Service 189898 115 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Prairie View Liquor Store 189692 110 METROPOLITAN FORD Equipment Parts Fleet Operating 189982 110 US POSTMASTER Postage Senior Center Administration 189572 110 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 189819 110 BROADWAY AWARDS Operating Supplies Reserves 189760 110 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie Village Liquor Store 189901 109 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 189906 107 SCAFFOLD SERVICE INC Other Rentals Park Maintenance 189933 106 VINO SOURCE,THE Transportation Prairie View Liquor Store 189763 105 VINO SOURCE,THE Liquor Den Road Liquor Store 189785 105 Z WINES USA LLC Transportation Den Road Liquor Store 189859 104 JOHN DEERE LANDSCAPES/LESCO Improvement Contracts CIP Trails 189826 100 CONCRETE CUTTING&CORING INC Landscape Materials/Supp Street Maintenance 189837 100 FAGNANT,SUSAN Instructor Service Outdoor Center 189971 100 MINNESOTA DEPT OF LABOR AND IN Licenses&Taxes Public Works/Parks 189890 100 PAPER DIRECT INC Operating Supplies Liquor 189731 99 RETROFIT RECYCLING INC Small Tools City Hall-CAM 189719 97 PIONEER RIM&WHEEL CO Equipment Parts Fleet Operating 189852 96 HAYDEN-MURPHY EQUIPMENT COMPAN Equipment Parts Fleet Operating 189614 95 DEALER AUTOMOTIVE SERVICES INC Equipment Parts Fleet Operating 189792 95 HORIZON COMMERCIAL POOL SUPPLY Supplies-HVAC Pool Maintenance 189769 95 WEEDMAN,NICOLE Operating Supplies Playgrounds 189741 92 SJOBERG,GABRIELLE Mileage&Parking Tree Disease 189857 92 JENKINS,JOEL S Other Contracted Services Softball 189804 91 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 189684 91 MATTS AUTO SERVICE INC Equipment Parts Fleet Operating 189789 85 DIRECTV Cable TV Community Center Admin 189607 83 CORPORATE EXPRESS Office Supplies Customer Service 189782 83 XIONG,ZINGMIN AR Utility Water Enterprise Fund 189703 81 MUNSELL,KATHLYN AR Utility Water Enterprise Fund 189910 80 SIGHTLINE DISPLAYS,LLC Other Contracted Services Park Maintenance 189842 80 GARELICK STEEL CO INC Equipment Parts Fleet Operating 189885 80 NETA Tuition Reimbursement/School Fitness Classes 189702 79 MOTOROLA Equipment Repair&Maint Public Safety Communications 189876 77 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 189791 76 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 189873 75 MARINESCU,CHRISTIANA Program Fee Art Crawl Check# Amount Vendor/Explanation Account Description Business Unit Explanation 189688 74 MERLINS ACE HARDWARE Operating Supplies Riley Lake Beach 189808 74 BECKER,KATIE Mileage&Parking Playgrounds 189570 72 AMERICAN PRESSURE INC Equipment Repair&Maint Water Treatment Plant 189680 69 LONESKY,JAMES G Other Contracted Services Softball 189653 66 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 189965 64 FSH COMMUNICATIONS LLC Telephone Round Lake 189612 64 DAVIS,MARTHA AR Utility Water Enterprise Fund 189956 62 ZEE MEDICAL SERVICE Operating Supplies Outdoor Center 189866 59 KRAEMERS HARDWARE INC Supplies-General Bldg Ice Arena Maintenance 189879 59 MINNESOTA CHIEFS OF POLICE ASS Printing Police 189669 57 KEEPERS Clothing&Uniforms Police 189716 56 PETERSON,JODI AR Utility Water Enterprise Fund 189830 56 DELUXE BUSINESS CHECKS&SOLUT Bank and Service Charges Finance 189784 55 YEE,MARIAM Program Fee Tennis 189839 54 FORDAHL,TAMARA Other Contracted Services Volleyball 189596 54 CDW GOVERNMENT INC. Other Hardware IT Operating 189917 52 STREICHERS Clothing&Uniforms Police 189689 51 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 189882 51 MINNESOTA WANNER COMPANY Operating Supplies Park Maintenance 189973 50 MSFDA Tuition Reimbursement/School Fire 189738 50 SEELYE Small Tools Water Treatment Plant 189634 50 FLAIR FOUNTAINS 02 Equipment Repair&Maint Park Maintenance 189578 47 BARTON SAND&GRAVEL CO Improvement Contracts CIP Trails 189638 47 GINA MARIAS INC Operating Supplies Reserves 189605 46 CONNELLY,JOHN AR Utility Water Enterprise Fund 189926 45 TROPICANA CHILLED DSD Merchandise for Resale Concessions 189939 43 WESTSIDE EQUIPMENT Equipment Parts Fleet Operating 189966 42 GRAINGER Supplies-General Bldg City Hall-CAM 189649 41 HASSLER,MARY Accounts Receivable Community Center Admin 189913 41 STAR PLUMBING&EXCAVATING Plumbing Permits General Fund 189594 40 CARSON,LEAH AR Utility Water Enterprise Fund 189595 40 CASANOVA,DIANE AND MICHAEL Deposits Community Center Admin 189645 40 GUBA,MATTHEW Deposits Community Center Admin 189705 40 NATAL,STACY Deposits Community Center Admin 189722 40 PORTA,CHARLES Deposits Community Center Admin 189735 40 SARLES,DONALD&KATHLEEN Deposits Community Center Admin 189742 40 SODERBERG,CATHY Deposits Community Center Admin 189768 39 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 189807 38 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink 3rd Sheet of Ice 189979 37 QUICKSILVER EXPRESS COURIER Legal Administration 189679 37 LINAK,JAMES AR Utility Water Enterprise Fund 189588 36 BOYER TRUCKS Equipment Parts Fleet Operating 189701 35 MOREIRA,CESAR AR Utility Water Enterprise Fund 189630 34 FASTENAL COMPANY Supplies-General Bldg Community Center Maintenance 189805 34 BACHMANS CREDIT DEPT Landscape Materials/Supplies Park Maintenance 189581 33 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 189620 32 DOLLERSCHELL,JOHN Accounts Receivable Community Center Admin 189623 32 EGAN OIL COMPANY Equipment Parts Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 189608 31 CUB FOODS EDEN PRAIRIE Miscellaneous Reserves 189976 29 PROGRESSIVE BUSINESS PUBLICATI Dues&Subscriptions Facilities 189589 25 BRADSETH,MARK AR Utility Water Enterprise Fund 189724 20 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance 189574 20 ANDERSON,KENNETH Deposits Community Center Admin 189575 20 APA NORTHSTAR CHAPTER Conference Expense Finance 189601 20 CITROWSKE,BRYAN Deposits Community Center Admin 189611 20 DAVID,JASMIN Deposits Community Center Admin 189636 20 FUGLESTEN,BONNIE Deposits Community Center Admin 189648 20 HANISCH,RYAN Deposits Community Center Admin 189676 20 LAMOTHE,LISA Deposits Community Center Admin 189681 20 LUNDER,JENNIFER Deposits Community Center Admin 189736 20 SCHEFFEL,DENISE Deposits Community Center Admin 189793 20 JOHNSTON,PHYLLIS Deposits Community Center Admin 189905 20 RICHFIELD,CITY OF Autos Fire-Fixed Assets 189579 19 BATTERIES PLUS Supplies-General Bldg City Hall-CAM 189802 17 AQUA ENGINEERING INC Repair&Maint.Supplies Park Maintenance 189732 15 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 189750 13 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 189758 10 TOTAL COMFORT Cash Over/Short General Fund 189969 10 IPMA MINNESOTA Conference Expense Human Resources 189749 7 STREICHERS Equipment Parts Fleet Operating 189672 6 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 189675 6 LAMONTAGUE,STEVE AR Utility Water Enterprise Fund 189794 1 KRAEMERS HARDWARE INC Supplies-General Bldg Community Center Maintenance 189984 5,543 YALE MECHANICAL INC 2,510,154 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions September 1, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.A. Community Development/ Livable Communities Demonstration Account Planning Janet Jeremiah Requested Action Move to: • Adopt the Resolution indentifying a need for Livable Communities Demonstration Account Funding and authorizing an application for Grant Funds. Synopsis Authorize staff to submit an application to LCDA on behalf of Presbyterian Homes for $838,300.00. The money would be used to help pay for street improvements to Castlemoor Drive, a storm water pond, and rainwater garden. Background Information The Livable Communities Demonstration Account is funded by the Metropolitan Council. The purpose of this account is to provide funds to support development and redevelopment projects that connect development with transit, intensify land uses, connect housing and employment, provide a mix of housing affordability, and/or provide infrastructure to connect communities and attract investment. There is $4,000,000.00 in the account. The Met Council review of grant applications takes about three months. On January 13, 2010 the Metropolitan Council will award grants. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY MINNESOTA RESOLUTION NO. 2009- RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUNDING AND AUTHORIZING AN APPLICATION FOR GRANT FUNDS WHEREAS the City of Eden Prairie is a participant in the Livable Communities Act's Housing Incentives Program for 2009 as determined by the Metropolitan Council, and is therefore eligible to apply for Livable Communities Demonstration Account funds; and WHEREAS the City has identified a proposed project within the City that meets the Demonstration Account's purposes and criteria and is consistent with and promotes the purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan Council's adopted metropolitan development guide; and WHEREAS the City has the institutional, managerial and financial capability to ensure adequate project administration; and WHEREAS the City certifies that it will comply with all applicable laws and regulations as stated in the grant agreement; and WHEREAS the City agrees to act as legal sponsor for the project contained in the grant application submitted on August 24, 2009; and WHEREAS the City acknowledges Livable Communities Demonstration Account grants are intended to fund projects or project components that can serve as models, examples or prototypes for development or redevelopment projects elsewhere in the region, and therefore represents that the proposed project or key components of the proposed project can be replicated in other metropolitan-area communities; and WHEREAS only a limited amount of grant funding is available through the Metropolitan Council's Livable Communities Demonstration Account during each funding cycle and the Metropolitan Council has determined it is appropriate to allocate those scarce grant funds only to eligible projects that would not occur without the availability of Demonstration Account grant funding. NOW THEREFORE BE IT RESOLVED that, after appropriate examination and due consideration, the governing body of the City: 1. Finds that it is in the best interests of the City's development goals and priorities for the proposed project to occur at this particular site and at this particular time. 2. Finds that the project component(s) for which Livable Communities Demonstration Account funding is sought: (a) will not occur solely through private or other public investment within the reasonably foreseeable future; and (b) will not occur within two years after a grant award unless Livable Communities Demonstration Account funding is made available for this project at this time. 3. Represents that the City has undertaken reasonable and good faith efforts to procure funding for the project component for which Livable Communities Demonstration Account funding is sought but was not able to find or secure from other sources funding that is necessary for project component completion within two years and states that this representation is based on the following reasons and supporting facts: The City has explored other potential funding sources and finds no others for which the project is eligible that are within the City's policies and wherewithal that are not already assumed to be used to their maximum benefit to the project. 4. Authorizes it's City Planner to submit on behalf of the City an application for Metropolitan Council Livable Communities Demonstration Account grant funds for the project component(s) identified in the application, and to execute such agreements as may be necessary to implement the project on behalf of the City. ADOPTED by the City Council of the City of Eden Prairie this lst day of September, 2009. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Report of the City Manager September 1, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.1. Sue Kotchevar, Office of the Approve Second Amendment to Prairie City Manager View Liquor Store Lease Synopsis This item was discussed by the City Council at the August 18 Council meeting. Council gave direction to staff to prepare alternative proposals that would require less square feet leased and lower overall cost of occupancy. I noted at the August 18 Council meeting that it would be likely that we would be working on the alternative lease proposals all the way up to the day of the September 1 Council meeting. That indeed appears to be the case. As of press time for the Council Packet, staff was working on developing such proposals with the owners of the Prairieview Mall. Staff will share the final draft of the lease proposals with the Council as soon as they are prepared, or at the September 1 Council meeting,whichever is earlier. MEMORANDUM TO: Scott H.Niel,City Manager DATE: August 31,2009 CITY OF EDEN PRAIRIE FROM: James B. McComb McCOMB GROUP, LTD. RE: LIQUOR THREE RELOCATION In response to your request, we prepared a financial evaluation of the proposed store locations size and lease terms for Store Three at Prairie View Center. Work tasks conducted during our evaluation included the following: • Determine market share sales trends from 2000 through 2008 for Stores One, Two and Three. Market share trends were determined for spirits, domestic wine, imported wine, and beer. • Gross margin was calculated for each type of product, i.e. spirits, domestic wine, imported wine,and beer from 2000 to 2008 for Stores One,Two and Three. • Market share trends for the first seven months of 2008 were compared with sales for the same period for 2009 for the expanded Store One. Market share trends for Store One were compared with market share trends for Stores Two and Three to determine the relative increase in market share resulting from expansion of Store One. • Future market share, sales and gross profit by product type was estimated for Store Three for 2011 through 2019 assuming it 1) remained in its current space and was updated, or 2) relocated to the former Snyder's space. i Proforma income statements were prepared for Store Three for seven alternatives shown below. • Existing Location 5-Year Lease • Existing Location 10-Year Lease • Snyders (9,498 SF) 7-Year Lease • Snyders (9,498 SF) 10-Year Lease • Snyders(8,000 SF) 7-Year Lease • Snyders(8,000 SF) 10-Year Lease • Snyders(6,700 SF) 10-Year Lease • Operating income and cash flow for each alternative was summarized for the period 2010 to 2019. 1 t Net rent for each alternative was summarized to show the proposed rental terms affected annual occupancy cost. i Alternative store sizes and shapes at the former Snyder's space were reviewed. The results of our analysis are summarized below. 2 Table X STORE THREE:PRAIRIE VIEW PROFORMA OPERATING INCOME AND CASH FLOW ALTERNATIVE STORE LOCATION,SIZE AND LEASE TERMS Alternative 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Operating Income Existing Location 5 Year Lease $ 125,265 $ 189,822 $ 198,094 $ 211,710 $ 235,173 Existing Location 10 Year Lease 125,265 191,946 202,342 218,082 243,669 $ 258,038 $ 281,154 $ 300,979 $ 327,135 $ 355,089 Snyders(9,498 SF)7 Year Lease 210,137 253,747 294,429 326,653 361,687 392,329 426,417 Snyders(9,498 SF)10 Year Lease 235,352 279,220 320,167 352,665 387,980 418,913 453,299 487,346 525,937 569,337 Snyders(8,000 SF')7 Year Lease 212,832 255,640 295,832 327,492 362,201 392,289 426,060 Snyders(8,000 SF)10 Year Lease 230,832 273,640 313,832 345,492 380,201 410,289 444,060 416,798 446,808 485,513 Snyders(6,700 SF)10 Year Lease 218,395 258,271 297,550 326,316 360,150 387,385 420,324 390,254 419,479 455,425 Cash Flow Existing Location 5 Year Lease $ 109,985 $ 174,542 $ 182,814 $ 196,430 $ 219,893 Existing Location 10 Year Lease 136,081 202,762 213,158 228,898 254,485 $ 268,854 $ 291,970 $ 311,795 $ 337,951 $ 365,905 Snyders(9,498 SF)7 Year Lease 187,725 231,335 272,017 304,241 339,275 369,917 404,005 Snyders(9,498 5F)10 Year Lease 229,834 273,702 314,649 347,147 382,462 413,395 447,781 481,828 520,419 563,819 Snyders(8,000 SF)7 Year Lease 207,314 250,122 290,314 321,974 356,683 386,771 420,542 Snyders(8,000 SF)10 Year Lease 225,314 268,122 308,314 339,974 374,683 404,771 438,542 411,280 441,290 479,995 Snyders(6,700 SF)10 Year Lease 221,508 261,383 300,661 329,426 363,259 390,493 423,431 393,360 422,584 458,529 Source: City of Eden Prairie and McComb Group,Ltd. Table STORE THREE:PRAIRIE VIEW PROFORMA RENT ALTERNATIVE STORE LOCATION,SIZE AND LEASE TERMS Growth Alternative 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Rate Dollars Existing Location 5 Year Lease $ 91,332 $ 95,580 $ 99,828 $ 104,076 $ 108,324 4.36 % Existing Location 10 Year Lease 91,332 93,456 95,580 97,704 99,828 $ 103,014 $ 106,200 $ 109,386 $ 112,572 $ 115,758 2.67 Snyders(9,498 SF)7 Year Lease 111,602 111,602 113,976 113,976 116,351 116,351 118,725 1.04 Snyders(9,498 SF) 10 Year Lease 94,980 94,980 97,355 97,355 99,729 99,729 102,104 i02,104 104,478 104,478 1.06 Snyders(8,000 SF)7 Year Lease 106,000 106,000 108,000 108,000 110,000 110,000 112,000 • 0.92 Snyders(8,000 SF) 10 Year Lease 88,000 88,000 90,000 90,000 92,000 92,000 94,000 94,000 96,000 96,000 0.97 Snyders(6,700 SF)10 Year Lease 110,550 113,900 117,250 120,600 123,950 127,300 130,650 134,000 137,350 140,700 2.72 Per Square Foot Existing Location 5 Year Lease $ 21.50 $ 22.50 $ 23.50 $ 24.50 $ 25.50 4.36 % Existing Location 10 Year Lease 21.50 22.00 22.50 23.00 23.50 $ 24.25 $ 25.00 $ 25.75 $ 26.50 $ 27.25 2.67 Snyders(9,498 SF)7 Year Lease 11,75 11.75 12.00 12.00 12.25 12.25 12.50 1.04 Snyders(9,498 SF)10 Year Lease 10.00 10.00 10.25 10.25 10.50 10.50 10,75 10.75 11.00 11.00 1.06 Snyders(8,000 SF)7 Year Lease 13.25 13.25 13.50 13.50 13.75 13.75 14.00 0.92 Snyders(8,000 SF)10 Year base 11.00 11.00 11.25 11.25 11.50 11.50 11.75 11.75 12.00 12.00 0.97 Snyders(6,700 SF)10 Year Lease 16.50 17.00 17.50 18.00 18.50 19.00 19.50 20.00 20.50 21.00 2.72 Source: City of Merl Prairie and McComb Group,Ltd. Table A STORE THREE: PRAIRIE VIEW EXISTING SPACE 5 YEAR LEASE PROFORMA INCOME AND CASH FLOW STATEMENT: 2010 TO 2014 Item 2010 2011 2012 _ 2013 _ 2014 Operating Revenues: Sales $ 3,093,458 $ 3,229,479 $ 3,353,737 $ 3,501,189 $ 3,692,299 Cost of Sales 2,320,554 2,371,630 2,463,115 2,572,508 2,714,288 Gross Profit $ 772,904 $ 857,849 $ 890,622 $ 928,681 $ 978,011 %Gross Profit 25.0 % 26.6 % 26.6 % 26.5 % 26.5 % Operating Expenses Personal Services Full Time Wages $ 160,508 $ 163,660 $ 168,483 $ 173,450 $ 178,567 Part Time Wages 80,850 82,467 84,941 87,489 90,114 Compensated Absence/Severance 3,152 3,215 3,312 3,411 3,513 Benefits/Payroll Taxes 55,713 59,062 62,654 66,538 70,740 $ 300,223 $ 308,404 $ 319,390 $ 330,888 $ 342,934 %of Sales 9.71 % 9.55 % 9.52 % 9.45 % 9.29 % Supplies $ 13,754 $ 13,553 $ 14,307 $ 14,100 $ 14,382 Contractual Services: Insurance $ 2,046 $ 2,148 $ 2,256 $ 2,368 $ 2,487 Rent 91,332 95,580 99,828 104,076 108,324 CAM 14,375 14,806 15,250 15,708 16,179 Taxes and Licenses 20,903 21,949 23,046 24,198 25,408 Advertising 4,800 4,944 5,092 5,245 5,402 Professional Services 99,634 103,868 108,294 112,940 117,797 Repair&Maintenance 10,620 10,901 11,188 11,480 11,778 Utilities 22,426 23,099 23,792 24,505 25,241 User Charges 24,961 26,209 27,519 28,895 30,340 Depreciation 42,566 42,566 42,566 42,566 42,566 Total Operating Expenses $ 647,639 $ 668,027 $ 692,528 $ 716,971 $ 742,838 Operating Income(Loss) $ 125,265 $ 189,822 $ 198,094 $ 211,710 $ 235,173 Add Depreciation 42,566 42,566 42,566 42,566 42,566 Operating Cash Flow 167,831 232,388 240,660 254,276 277,739 TI Amortization* 57,846 57,846 57,846 57,846 57,846 Net Cash Flow $ 109,985 $ 174,542 $ 182,814 $ 196,430 $ 219,893 ' Eden Prairie tenant improvements of$257,520 amortized over 5 years at 4.0 percent interest. i Table C STORE THREE: PRAIRIE VIEW SNYDERS SPACE(9,498 SQUARE FEET) PROFORMA INCOME AND CASH FLOW STATEMENT: 2010 TO 2016 Item 2010 2011 2012 2013 2014 20I5 2016 Operating Revenues: Sales $ 3,583,554 $ 3,809,285 $ 4,047,991 $ 4,244,472 $ 4,476,216 $ 4,691,050 $ 4,931,654 Cost of Sales 2,655,943 2,819,973 2,993,337 3,135 282 3,305,791 3,463,947 3,640,997 Gross Profit $ 927,611 $ 989,312 $ 1,054,654 $ 1,109,190 $ 1,170,425 5 1,227,103 $ 1,290,657 %Gross Profit 25.9 % 26.0 % 26.1 % 26.1 % 26.1 % 26.2 % 26.2 Operating Expenses Personal Services Full Time Wages $ 160,508 $ 163,660 $ 168,483 $ 173,450 $ 178,567 $ 183,924 $ 189,442 Part Time Wages 80,850 82,467 84,941 87,489 90,114 92,817 95,602 Compensated Absence/Severance 3,152 3,215 3,312 3,411 3,513 3,619 3,727 Benefits/Payroll Taxes 55,713 59,062 62,654 66,538 70,740 74,984 79,484 $ 300,223 $ 308,404 $ 319,390 $ 330,888 $ 342,934 5 355,344 $ 368,254 %of Sales 8.38 % 8.10 % 7.89 % 7.80 % 7.66 % 7.57 % 7.47 Supplies $ 13,754 $ 13,553 $ 14,307 $ 14,100 $ 14,382 $ 14,814 $ 15,258 Contractual Services: Insurance $ 2,046 S 2,148 $ 2,256 $ 2,368 $ 2,487 $ 2,611 $ 2,742 Rent 111,602 111,602 113,976 113,976 116,351 116,351 118,725 CAM 32,158 33,122 34,116 35,140 36,194 37,280 38,398 Taxes and Licenses 44,093 46,297 48,612 51,043 53,595 56,275 59,088 Advertising 4,800 4,944 5,092 5,245 5,402 5,564 5,731 Professional Services 99,634 103,868 108,294 112,940 117,797 122,804 128,023 Repair&Maintenance 10,620 10,901 11,188 11,480 11,778 12,072 12,374 Utilities 31,019 31,950 32,909 33,896 34,913 35,960 37,039 User Charges 24,961 26,209 27,519 28,895 30.340 31,857 33,450 Depreciation 42,566 42,566 42,566 42,566 42,566 43,843 45,158 Total Operating Expenses $ 717,474 $ 735,565 $ 760,225 $ 782,537 $ 808,738 $ 834,774 $ 864,240 Operating Income(Loss) $ 210,137 S 253,747 $ 294,429 $ 326,653 $ 361,687 $ 392,329 $ 426,417 Add Depreciation 42,566 42,566 42,566 42,566 42,566 42,566 42,566 Operating Cash Flow 252,703 296,313 336,995 369,219 404,253 434,895 468,983 Tl Amortization* 64,978 64,978 64,978 64,978 64,978 64,978 64,978 Net Cash Flow 5 187,725 $ 231,335 $ 272,017 $ 304,241 $ 339,275 $ 369,917 $ 404,005 . Eden Prairie tenant improvements of S390.000 amortized over 7 years at 4.0 percent interest. Table D STORE THREE: PRAIRIE VIEW SNYDERS SPACE(9,498 SQUARE FEET)10 YEAR LEASE PROFORMA INCOME AND CASH FLOW STATEMENT: 2010 TO 2019 Item 2010 2011 20I2 2013 2014 2015 2016 2017 2018 2019 Operating Revenues: Sales $ 3,583,554 $ 3,809,285 $ 4,047,991 5 4,244,472 $ 4,476,216 $ 4,691,050 $ 4,931,654 5 5,I61,992 $ 5,426,619 $ 5,704,878 Cost of Sales 2,655,943 2,819,973 2,993,337 3,135,282 3,305,791 33 463 947 3 6640,97 3,809402 4,004,036 4,208676 Gross Profit 5 927.611 $ 989,312 $ 1,054,654 $ 1,109,I90 $ 1,170,425 $ 1,227,103 $ 1,290,657 $ 1,352,590 S 1,422,583 5 1,496,202 %Gross Profit 25.9 % 26.0 % 26.1 % 26.1 % 26.1 % 26.2 % 26.2 % 26.2 % 26.2 % 26.2 % Operating Expenses Personal Services Full Time Wages 5 160,508 5 163,660 $ 168,483 5 173,450 $ 178,567 $ 183,924 $ 189,442 S 195,125 5 200,978 5 207,008 Part Time Wages 80,850 82,467 84,941 87,489 90,114 92,817 95,602 98,470 101,424 104,467 Compensated Absence/Severance 3,152 3,215 3,312 3,411 3,513 3,619 3,727 3,839 3,954 4,073 Benefits/Payroll Taxes 55,713 59,062 62,654 66,538 70,740 74,984 79,484 84,253 89,308 94,666 $ 300,223 S 308,404 $ 319,390 $ 330,888 5 342,934 5 355,344 $ 368,254 5 381,686 5 395,664 $ 410,214 %of Sales 8.38 % 8.10 % 7.89 44 7.80 % 7.66 % 7.57 % 7.47 % 7.39 % 7.29 % 7.I9 % Supplies 5 13,754 5 13,553 5 14,307 $ 14,100 $ 14,382 5 14,814 $ 15,258 $ 15,716 5 16,187 5 16,673 Contractual Services: Insurance $ 2,046 $ 2,148 5 2,256 5 2,368 $ 2,487 5 2,611 $ 2,742 5 2,879 5 3,023 $ 3,174 Rent 94.980 94,980 97,355 97,355 99,729 99,729 102,104 102,104 104,478 104,478 CAM 32,158 33,122 34,116 35,140 36,194 37,280 38,398 39,550 40,736 41,958 Taxes and Licenses 44,093 46,297 48,612 51,043 53,595 56,275 59,088 62,043 65,145 68,402 Advertising 4,800 4,944 5,092 5,245 5,402 5,564 5,731 5,903 6,080 6,263 Professional Services 99,634 103,868 108,294 112,940 117,797 122,804 128,023 133,464 139,136 145,049 Repair&Maintenance 10,620 10,901 11,188 11,480 11,778 12,072 12,374 12,683 13,000 I3,325 Utilities 22,426 23,099 23,792 24,505 25,241 25,998 26,778 27,581 28,409 29,261 User Charges 24,961 26,209 27,519 28.895 30,340 31,857 33,450 35,122 36,878 38,722 Depreciation 42,566 42,566 42,566 42,566 42,566 43,843 45,158 46,513 47,908 _ 49,346 Tata]Operating Expenses $ 692,259 $ 710,092 5 734,487 5 756,525 5 782,445 $ 808,190 $ 837,358 S 865,244 5 896,646 $ 926,865 Operating Income(Loss) $ 235,352 $ 279,220 5 320,167 5 352,665 5 387,980 $ 418,913 S 453,299 5 487,346 5 525,937 5 569,337 Add Depreciation 42,566 42,566 42,566 42,566 42,566 42,566 42,566 42,566 42,566 42,566 Operating Cash Flow 277,918 321,786 362,733 395,231 430,546 461,479 495,865 529,912 568,503 611,903 TI Amortization* 48,084 48,084 48,084 48,084 48,084 48,084 48,084 48,084 �48084 48,084 Net Cash Flow 5 229,834 $ 273,702 $ 314,649 5 347,147 $ 382,462 $ 413,395 $ 447,781 5 481,828 $ 520,419 $ 563,819 •Eden Prairie lenenl improvements of3390,000 ansortizeei over 10 years al 4.0 percent interesL Table E STORE THREE: PRAIRIE VIEW SNYDERS SPACE(8,000 SQUARE FEET)7 YEAR LEASE PROFORMA INCOME AND CASH FLOW STATEMENT: 2010 TO 2016 Item 2010 2011 2012 2013 2014 2015 2016 Operating Revenues: Sales $ 3,583,554 $ 3,809,285 $ 4,047,991 $ 4,244,472 $ 4,476,216 $ 4,691,050 $ 4,931,654 Cost of Sales 2,655,943 2 819 973 2 993337 3,135,282 3,305,791 3,463,947 3,640,997 Gross Profit $ 927,611 $ 989,312 $ 1,054,654 $ 1,109,190 $ 1,I70,425 $ 1,227,103 $ 1,290,657 Store Layout Penalty(2.5%) $ 23,190 $ 24,733 $ 26,366 S 27,730 $ 29,261 5 30,678 $ 32,266 Gross Profit $ 904,421 $ 964,579 $ 1,028,288 $ I,081,460 $ 1,141,164 5 1,196,425 $ 1,258,391 %Gross Profit 25.2 % 25.3 % 25.4 % 25.5 % 25.5 % 25.5 % 25.5 % Operating Expenses Personal Services Full Time Wages $ 160,508 $ 163,660 $ 168,483 $ 173,450 $ 178,567 $ 183,924 $ 189,442 Part Time Wages 80,850 82,467 84,941 87,489 90,114 92,817 95,602 Compensated Absence/Severance 3,152 3,215 3,312 3,411 3,513 3,619 3,727 Benefits/Payroll Taxes 55,713 59,062 62,654 66,538 70,740 74,984 79,484 S 300,223 $ 308,404 5 319,390 S 330,888 $ 342,934 $ 355,344 $ 368,254 %of Sales 8.38 % 8.10 % 7.89 % 7.80 % 7.66 % 7.57 % 7.47 % Supplies $ 13,754 5 13,553 5 14,307 $ 14,100 $ 14,382 5 14,814 $ 15,258 Contractual Services: Insurance $ 2,046 $ 2,148 $ 2,256 $ 2,368 $ 2,487 S 2,611 S 2,742 Rent 106,000 106,000 108,000 108,000 110,000 110,000 112,000 CAM 27,070 27,883 28,719 29,581 30,468 31,382 32,324 Taxes and Licenses 37,489 39,364 41,332 43,398 45,568 47,847 50,239 Advertising 4,800 4,944 5,092 5,245 5,402 5,564 5,73I Professional Services 99,634 103,868 108,294 112,940 1I7,797 122,804 128,023 Repair&Maintenance 10,620 10,901 11,188 11,480 11,778 12,072 12,374 Utilities 22,426 23,099 23,792 24,505 25,241 25,998 26,778 User Charges 24,961 26,209 27,519 28,895 30,340 31,857 33,450 Depreciation 42,566 42,566 42,566 42,566 42,566 43,843 45,158 Total Operating Expenses $ 691,589 5 708,939 $ 732,455 S 753,968 S 778,964 $ 804,136 $ 832,331 Operating Income(Loss) $ 212,832 $ 255,640 $ 295,832 $ 327,492 S 362,201 $ 392,289 $ 426,060 Add Depreciation 42,566 42,566 42,566 42,566 42,566 42,566 42,566 Operating Cash Flow 255,398 298,206 338,398 370,058 404,767 434,855 468,626 TI Amortization' 48,084 48,084 48,084 48,084 48,084 48,084 48,084 Net Cash Flow S 207,314 $ 250,122 $ 290,314 $ 321,974 $ 356,683 S 386,771 $ 420,542 'Eden Prairie tenant improvements of S390,000 amortized over 7 years at 4.0 percent interest. Table F STORE THREE PRAIRIE VIEW SNYDERS SPACE(8,000 SQUARE FEET)I O YEAR LEASE PROFORMA INCOME AND CASH FLOW STATEMENT? 2010 TO 2019 Item 2010 2011 2012 2013 2014 2015 2015 2017 2018 2019 Operating Revenues: Sales $ 3,583,554 $ 3,809,285 $ 4,047,991 $ 4,244,472 $ 4,476,216 $ 4,691,050 $ 4,931,654 $ 4,931,654 S 5,161,992 $ 5,426,619 Cost of Sales 2,655,943 2,819,973 _2993,337 3,135,282 3t305,791 3,463,947 3,640,997 3,640,997 3,809,402 4,004,036 Gross Profit $ 927,611 $ 989,312 $ 1,054,654 $ 1,109,190 $ 1,170,425 $ 1,227,103 $ 1,290,657 5 1,290,657 S 1,352,590 $ 1,422,583 Store Layout Penalty(2.5%) $ 23,190 $ 24,733 S 26,366 $ 27,730 $ 29,261 $ 30,678 $ 32,266 $ 32,266 $ 33,815 S 35,565 Gross Profit $ 904,421 $ 964,579 $ 1,028,288 $ 1,081,460 $ 1,141,164 $ 1,196,425 $ 1,258,391 $ 1,258,391 $ 1,318,775 $ 1,387,018 %Gross Profit 25.2 % 25.3 % 25.4 % 25.5 % 25.5 % 25.5 % 25.5 % 26.2 % 26.2 % 26.2 % Operating Expenses Personal Services Full Time Wages $ 160,508 S 163,660 S 168,483 $ 173,450 $ 178,567 5 183,924 5 189,442 $ 195,125 $ 200,978 $ 207,008 Part Time Wages 80,850 82,467 84,941 87,489 90,114 92,817 95,602 98,470 101,424 104,467 Compensated Absence/Severance 3,152 3,215 3,312 3,411 3,513 3,619 3,727 3,839 3,954 4,073 Benefits/Payroll Taxes 55,713 59,062 62,654 66,538 70,740 74,984 79,484 84,253 89,308 94,666 $ 300,223 5 308,404 5 319,390 S 330,888 $ 342,934 5 355,344 $ 368,254 $ 381,686 S 395,664 $ 410,214 %of Sales 8.38 96 8.10 % 7.89 % 7.80 % 7.66 % 7.57 % 7.47 % 7.74 % 7.66 % 7.56 % Supplies S 13,754 $ 13,553 $ 14,307 $ 14,100 $ 14,382 $ 14,814 $ 15,258 $ 15,716 $ 16,187 S 16,673 Contractual Services: Insurance 5 2,046 $ 2,148 S 2,256 $ 2,368 $ 2,487 $ 2,611 $ 2,742 $ 2,879 5 3,023 $ 3,174 Rent 88,000 88,000 90,000 90,000 92,000 92,000 94,000 94,000 96,000 96,000 CAM 27,070 27,883 28,719 29,581 30,468 31,382 32,324 33,293 34,292 35,321 Taxes and Licenses 37,489 39,364 41,332 43,398 45,568 47,847 50,239 52,751 55,389 58,158 Advertising 4,800 4,944 5,092 5,245 5,402 5,564 5,731 5,903 6,080 6,263 Professional Services 99,634 I03,868 108,294 112,940 117,797 122,804 128,023 133,464 139,136 145,049 Repair&Maintenance 10,620 10,901 11,188 1I,480 11,778 12,072 12,374 12,683 13,000 13,325 Utilities 22,426 23,099 23,792 24,505 25,241 25,998 26,778 27,581 28,409 29,261 User Charges 24,961 26,209 27,519 28,895 30,340 31,857 33,450 35,122 36,878 38,722 Depreciation 42,566 42,566 42,566 42,566 42,566 43,843 45,158 46,513 47,908 49,346 Total Operating Expenses $ 673,589 $ 690,939 S 714,455 $ 735,968 S 760,964 $ 786,136 S 814,331 $ 841,592 S 87I,967 $ 901,506 Operating Income(Loss) 5 230,832 $ 273,640 $ 313,832 $ 345,492 $ 380,201 $ 410,289 $ 444,060 5 416,798 $ 446,808 S 485,513 Add Depreciation 42,566 42,566 42,566 42,566 42,566 42,566 42,566 42,566 42,566 42,566 Operating Cash Flow 273,398 316,206 356,398 388,058 422,767 452,855 486,626 459,364 489,374 528,079 TI Amortization' 48,084 48,084 48,084 48,084 48,084 48,084 48,084 48,084 48,084 48,084 Net Cash Flow S 225,314 S 268,122 $ 308,314 $ 339,974 $ 374,683 $ 404,771 $ 438,542 $ 411,280 $ 441,290 $ 479,995 •Eder Prairie tenant improvements of S390.000 maraud eria 10 rears u 4.0 Aeon interest. Table G STORE THREE: PRAIRIE VIEW SNYDERS SPACE(6,700 SQUARE FEET)10 YEAR LEASE PROFORMA INCOME AND CASH FLOW STATEMENT: 2010 TO 2019 Item 2010 2011 _ 2012 20I3 2014 2015 2016 2017 2018 2019 Operating Revenues: Sales $ 3,583,554 5 3,809,285 5 4,047,991 $ 4,244,472 S 4,476,216 $ 4,691,050 S 4,931,654 S 4,931,654 S 5,161,992 S 5,426,619 Cost of Sales 2,655,943 2 819 973 2,993,337 3,135,282 3,305,791 3463,947 3,640997 3,640,997 3,809,402 4,004,036 Gross Profit $ 927,611 S 989,312 $ 1,054,654 $ 1,109,I90 5 1,170,425 $ 1,227,103 5 1,290,657 $ 1,290,657 5 1,352,590 5 1,422,583 Store Layout Penalty(2.5%) 5 23,190 5 24,733 5 26,366 5 27,730 $ 29,261 S 30,678 5 32,266 $ 32,266 S 33,815 5 35,565 Gross Profit 5 904,421 $ 964,579 S 1,028,288 5 1,081,460 $ 1,141,164 $ 1,196,425 S 1,258,39I S 1,258,391 $ 1,318,775 S 1,387,018 %Gross Profit 25.2 % 25.3 % 25.4 % 25.5 % 25.5 % 25.5 % 25.5 % 26.2 % 26.2 % 26.2 % Operating Expenses Personal Services Full Time Wages $ 160,508 S 163,660 S 168,483 5 173,450 $ 178,567 $ 183,924 5 189,442 5 195,125 5 200,978 5 207,008 Part Time Wages 80,850 82,467 84,941 87,489 90,114 92,817 95,602 98,470 101,424 104,467 Compensated Absence/Severance 3,152 3,215 3,312 3,411 3,513 3,619 3,727 3,839 3,954 4,073 BenefitslPayroll Taxes 55,713 59,062 62,654 66,538 70,740 74,984 79,484 84,253 89,308 94,666 5 300,223 S 308,404 S 319,390 S 330,888 $ 342,934 5 355,344 $ 368,254 S 381,686 $ 395,664 $ 410,214 %of Sales 8.38 % 8.10 % 7.89 % 7.80 % 7.66 % 7.57 % 7.47 % 7.74 % 7.66 % 7.56 % Supplies 5 13,754 $ 13,553 5 14,307 5 14,100 5 14,382 5 14,814 $ 15,258 $ 15,716 $ 16,187 $ 16,673 Contractual Services: Insurance S 2,046 5 2.148 5 2,256 S 2,368 $ 2,487 $ 2,611 S 2,742 5 2,879 S 3,023 $ 3,174 Rent 110,550 113,900 117,250 120,600 123,950 127,300 130,650 134,000 137,350 140,700 CAM 22,704 23,385 24,087 24,810 25,554 26,320 27,110 27,923 28,76I 29,624 Taxes and Licenses 31,743 33,330 34,996 36,746 38.583 40,512 42,538 44,665 46,898 49,243 Advertising 4,800 4,944 5,092 5,245 5,402 5,564 5,731 5,903 6,080 6,263 Professional Services 99,634 103.868 108.294 112,940 117,797 122,804 128,023 133,464 139,136 145,049 Repair&Maintenance 10,620 10,901 11,188 11,480 11,778 12,072 12,374 12,683 13,000 13,325 Utilities 22,426 23,099 23,792 24,505 25,241 25,998 26,778 27,581 28.409 29,261 User Charges 24,961 26,209 27,519 28,895 30,340 3I,857 33,450 35,122 36,878 38,722 Depreciation 42,566 42,566 _ 42,566 42,566 42,566 43,843 45,158 46,513 47,908 49,346 Total Operating Expenses $ 686,026 5 706,308 $ 730,738 5 755,144 $ 781,014 5 809,040 S 838,066 $ 868,136 S 899,296 $ 931,594 Operating Income(Loss) 5 218,395 5 258,271 5 297,550 S 326,316 5 360,150 S 387,385 $ 420,324 5 390,254 $ 419,479 S 455,425 Add Depreciation 42,566 42,566 42,566 42,566 42,566 42,566 42,566 42,566 42,566 42,566 Operating Cash Flow 260,96I 300,837 340,116 368,882 402,716 429,951 462,890 432,820 462,045 497,991 TI Amortization' 39,453 39,454 39,455 39,456 39,457 39,458 39,459 39,460 39,461 39,462 Net Cash Flaw S 221,508 $ 261,383 $ 300,66I S 329,426 $ 363,259 5 390,493 5 423,431 S 393,360 $ 422,584 $ 458,529 •Eden Prairie Imam improvements or5320,000 amortized over 10 years at 4.0 worm interest_ • Table 1-1 STORE ONE-PRAIRIE VILLAGE SALES AND GROSS PROFIT BY PRODUCT LINE,2000 TO 2008 Item 2000 - 2001 2002 _ 2003 2004 2005 2006 2007 2008 Total Sales $ 1,532,468 $ 1,774,572 $ 1,893,625 $ 2,015,593 $ 2,229,856 $ 2,602,904 $ 2,750,783 $ 2,882,028 $ 3,019,293 Spirits Sales $ 457,794 $ 514,993 $ 532,028 $ 584,509 $ 628,298 $ 705,954 $ 746,312 $ 793,658 $ 834,091 Cost of Goods Sold 354,896 405,851 406,742 448,191 484,540 557,762 569,186 613,288 647,042 Gross Profit 102,898 109,142 125,286 136,318 143,758 148,192 177,126 180,370 187,049 GP%of Sales 22.5 % 21.2 % 23.5 % 23.3 % 22.9 % 21.0 % 23.7 % 22.7 % 22.4 % Wine(domestic) Sales $ 354,644 $ 420,954 $ 451,069 $ 452,371 $ 545,378 $ 722,195 $ 766,479 $ 799,488 $ 820,691 Cost of Goods Sold 251,607 297,215 310,848 315,553 387,529 491,330 527,214 562,158 577,157 Gross Profit 103,037 123,739 140,221 136,818 157,849 230,865 239,265 237,330 243,534 GP%of Sales 29.1 % 29.4 % 31.1 % 30.2 % 28.9 % 32.0 % 31.2 % 29.7 % 29.7 % Wine(imported) Sales $ 110,112 $ 142,636 $ 184,510 $ 226,925 $ 290,242 $ 367,076 $ 403,679 $ 414,217 $ 443,021 Cost of Goods Sold 79,806 99,828 119,091 153,839 197,146 256,090 273,524 278,688 301,265 Gross Profit 30,306 42,808 65,419 73,086 93,096 110,986 130,155 135,529 141,756 GP%of Sales 27.5 % 30.0 % 35.5 % 32.2 % 32,1 % 30.2 % 32.2 % 32.7 % 32.0 % Beer Sales $ 609,918 $ 695,989 $ 726,018 $ 751,788 $ 765,938 $ 807,679 $ 834,313 $ 874,665 $ 921,490 Cost of Goods Sold 468,798 540,762 570,497 597,930 596,909 640,214 655,828 682,050 7I5,175 Gross Profit 141,120 155,227 155,521 153,858 169,029 167,465 178,485 192,615 206,315 GP%of Sales 23.1 % 22.3 % 21.4 % 20.5 % 22.1 % 20.7 % 21.4 % 22.0 % 22.4 % Total GP $ 377,361 $ 430,916 $ 486,447 $ 500,080 $ 563,732 $ 657,508 $ 725,031 $ 745,844 $ 778,654 Percent of Sales Spirits 29.9 % 29.0 % 28.1 % 29.0 % 28.2 % 27.1 % 271 % 27.5 % 27.6 % Wine(domestic) 23.1 23.7 23.8 22.4 24.5 27.7 27.9 27.7 - 27.2 Wine(imported) 7.2 8.0 9.7 11.3 13.0 14.1 14.7 14.4 14.7 Beer 39.8 39.2 38.3 37.3 34.3 31.0 30.3 30.3 30.5 Total 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % 100,0 % 100.0 % Percent of Gross Profit Spirits 27.3 % 25.3 % 25.8 % 27.3 % 25.5 % 22.5 % 24.4 % 24.2 % 24.0 % Wine(domestic) 27.3 28.7 28.8 27.4 28.0 35.1 33.0 31.8 31.3 Wine(imported) 8.0 9.9 13.4 14.6 16.5 16.9 18.0 18.2 18.2 Beer 37.4 36.0 32.0 30.8 30.0 25.5 24.6 25.8 26.5 Total 100.0 % 100.0 % I00.0 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % Solace: City of Eden Prairie and McComb Group,Ltd. Table 1-2 STORE TWO-DEN ROAD SALES AND GROSS PROFIT BY PRODUCT LINE,2000 TO 2008 Item 2000 2001 2002 2003 2004 2005 2006 2007 2008 Total Sales $ 3,645,785 $ 3,859,424 $ 3,880,446 $ 3,899,664 $ 4,015,097 $ 4,535,501 $ 4,664,733 $ 4,713,955 $ 5,034,369 Spirits Sales $ 1,050,395 $ 1,113,203 $ 1,132,244 $ 1,190,891 $ 1,258,024 $ 1,455,510 $ 1,483,673 $ 1,502,722 $ 1,590,216 Cost of Goods Sold 802,634 838,773 866,066 891,201 958,842 1,090,978 1,105,631 1,140,958 1,187,462 Gross Profit 247,761 274,430 266,178 299,690 299,182 364,532 378,042 361,764 402,754 GP%of Sales 23.6 % 24.7 % 23.5 % 25.2 % 23.8 % 25.0 % 25.5 % 24.1 % 25.3 % Wine(domestic) Sales $ 977,979 $ 988,807 $ 938,082 $ 883,739 $ 904,338 $ 1,040,231 $ 1,105,976 $ 1,074,166 $ 1,157,078 Cost of Goods Sold 681,307 686,748 649,924 620,611 639,958 730,131 745,388 725,372 792,615 Gross Profit 296,672 302,059 288,158 263,128 264,380 310,100 360,588 348,794 364,463 GP%of Sales 30.3 % 30.5 % 30.7 % 29.8 % 29.2 % 29.8 % 32.6 % 32.5 % 31.5 % Wine(imported) Sales $ 265,591 $ 319,878 $ 385,536 $ 441,141 $ 479,633 $ 547,246 $ 551,148 $ 618,724 $ 715,248 Cost of Goods Sold 193,905 215,067 248,942 274,984 311,408 356,162 376,111 411,593 482,155 Gross Profit 71,686 104,811 136,594 166,157 168,225 191,084 175,037 207,131 233,093 GP%of Sales 27.0 % 32.8 % 35.4 % 37.7 % 35.1 % 34.9 % 31.8 % 33.5 % 32.6 % Beer Sales $ 1,351,820 $ 1,437,536 $ 1,424,584 $ 1,383,893 $ 1,373,102 $ 1,492,514 $ 1,523,936 $ 1,518,343 $ 1,571,827 Cost of Goods Sold 1,068,773 1,108,155 1,074,275 1,056,008 1,079,918 1,167,963 1,203,275 1,168,046 1,208,766 Gross Profit 283,047 329,381 350,309 327,885 293,184 324,551 320,661 350,297 363,061 GP%of Sales 20.9 % 22.9 % 24.6 % 23.7 % 21.4 % 21.7 % 21.0 % 23.1 % 23.1 % Total GP $ 899,166 $ 1,010,681 $ 1,041,239 $ 1,056,860 $ 1,024,971 $ 1,190,267 $ 1,234,328 $ 1,267,986 $ 1,363,371 Percent of Sales Spirits 28.8 % 28.8 % 29.2 % 30.5 % 3I.3 % 32.1 % 31.8 % 31.9 % 31.6 % Wine(domestic) 26.8 25.6 24.2 22.7 22.5 22.9 23.7 22.8 23.0 Wine(imported) 7.3 8.3 9,9 11.3 11.9 12.1 11.8 13.1 14.2 Beer 37.1 37.2 36.7 35.5 _ 34.2 32.9 32.7 32.2 31.2 Total 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % Percent of Gross Profit Spirits 27.6 % 27.2 % 25.6 % 28.4 % 29.2 % 30.6 % 30.6 % 28.5 % 29.5 % Wine(domestic) 33.0 29.9 27.7 24.9 25.8 26.1 29.2 27.5 26.7 Wine(imported) 8.0 10.4 13.1 15.7 16.4 16.1 14.2 16.3 17.1 Beer 31.5 32.6 33.6 31.0 28.6 27.3 26.0 27.6 26.6 Total 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % I00.0 % Source: City of Eden Prairie and McComb Group,Ltd. Table I-3 STORE THREE-PRAIRIE VIEW SALES AND GROSS PROFIT BY PRODUCT LINE,2000 TO 2008 Item 2000 2001 2002 2003 2004 2005 2006 2007 2008 Total Sales $ 1,758,554 $ 1,949,176 $ 2,019,092 $ 2,074,277 $ 2,199,055 $ 2,44I,039 $ 2,530,163 $ 2,660,497 $ 2,709,596 Spirits Sales $ 522,626 $ 580,703 $ 614,940 $ 657,139 $ 721,884 $ 816,571 $ 831,375 $ 876,971 $ 883,646 Cost of Goods Sold 419,764 430,800 476,188 508,536 579,625 630,472 636,731 674,762 668,124 Gross Profit 102,862 149,903 138,752 148,603 142,259 186,099 194,644 202,209 215,522 GP%of Sales 19.7 % 25.8 % 22.6 % 22.6 % 19.7 % 22.8 % 23.4 % 23.1 % 24.4 % Wine(domestic) Sales $ 420,014 $ 438,553 $ 410,249 $ 385,057 $ 404,932 $ 474,851 $ 514,835 $ 540,965 $ 548,835 Cost of Goods Sold 295,712 312,615 283,827 269,512 278,614 325,896 346,397 377,367 373,698 Gross Profit 124,302 125,938 126,422 115,545 126,318 148,955 168,438 163,598 175,137 GP%of Sales 29.6 % 28.7 % 30,8 % 30.0 % 31.2 % 31.4 % 32.7 % 30.2 % 31.9 % Wine(imported) Sales $ 111,326 $ 144,564 $ 182,313 $ 196,327 $ 231,338 $ 254,954 $ 256,886 $ 266,315 $ 281,871 Cost of Goods Sold 77,988 103,837 129,555 135,097 154,132 174,586 174,021 181,747 191,364 Gross Profit 33,338 40,727 52,758 61,230 77,206 80,368 82,865 84,568 90,507 GP%of Sales 29.9 % 28.2 % 28.9 % 31.2 % 33.4 % 31.5 % 32.3 % 31.8 % 32.1 % Beer Sales $ 704,588 $ 785,356 $ 811,590 $ 835,754 $ 840,901 $ 894,663 $ 927,067 $ 976,746 $ 995,244 Cost of Goods Sold 558,569 619,687 649,415 675,166 674,034 701,934 729,961 741,188 789,008 Gross Profit 146,019 165,669 162,175 160,588 166,867 192,729 197,106 235,558 206,236 GP%of Sales 20.7 % 21.1 % 20.0 % 19.2 % 19.8 % • 21.5 % 21.3 % 24.1 % 20.7 % Total GP $ 406,521 $ 482,237 $ 480,107 $ 485,966 $ 512,650 $ 608,151 $ 643,053 $ 685,933 $ 687,402 Percent of Sales Spirits 29.7 % 29.8 % 30.5 % 31.7 % 32.8 % 33.5 % 32.9 % 33.0 % 32.6 % Wine(domestic) 23.9 22.5 20.3 18.6 18.4 19.5 20,3 20.3 20.3 Wine(imported) 6.3 7.4 9.0 9.5 10.5 10.4 10.2 10.0 10.4 Beer 40.1 40.3 40.2 40.3 38.2 36.7 36.6 36.7 36.7 Total 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % ' Percent of Gross Profit Spirits 25.3 % 31.1 % 28.9 % 30.6 % 27.7 % 30.6 % 30.3 % 29.5 % 31.4 % Wine(domestic) 30.6 26.1 26.3 23.8 24.6 24.5 26.2 23.9 25.5 Wine(imported) 8.2 8.4 11.0 12.6 15.1 13.2 12.9 12.3 13.2 Beer 35.9 34.4 33.8 33.0 32.5 31.7 30.7 34.3 30.0 Total 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % 100.0 % Source: City of Eden Prairie and McComb Group,Ltd. Table 2 SALES AND MARKET SHARE BY PRODUCT LINE:2000 TO 2008 STORES ONE,TWO AND THREE Store/Product 2000 2901 2002 2003 2004 2005 2006 2007 2008 STORE ONE-PRAIRIE VILLAGE Purchasing Power $ 12,736,000 $ 13,107,000 $ 13,965,000 $ I4,740,000 $ 15,437,000 $ 16,214,000 $ 17,122,000 $ 17,986,000 $ 18,896,000 Total Sales $ 1,596,527 $ 1,856,213 $ 1,976,443 $ 2,070,793 $ 2,283,598 $ 2,665,710 $ 2,814,985 $ 2,945,459 $ 3,081,020 Trade Area Sales 80% Spirits $ 366,235 $ 411,994 $ 425,622 $ 467,607 $ 502,638 $ 564,763 $ 597,050 $ 634,926 $ 667,273 Wine(domestic) 283,715 336,763 360,855 361,897 436,302 577,756 613,183 639,590 656,553 Wine(imparted) 88,090 114,109 147,608 181,540 232,194 293,661 322,943 331,374 354,417 Beer 487,934 556,791 580,814 601,430 612,750 646,143 667,450 699,732 737,192 Market Share Spirits 2.9% 3.1 % 3.0% 3.2% 3.3% 3.5 °% 3.5% 3.5% 3.5% Wine(domestic) 2,2 2.6 2.6 2.5 2.8 3.6 3.6 3.6 3,5 Wine(imported) 0.7 0.9 1.1 1.2 1.5 1.8 1,9 1.8 1.9 Beer 3.8 4.2 4.2 4.1 4.0 4.0 3.9 3.9 3.9 Total 9.6 % 10.8 % 10.8 % 10.9 % 11.6 % 12.8 % 12.9 % 12.8 % 12.8 % STORE TWO-DEN ROAD Purchasing Power $ 24,021,000 $ 24,532,000 $ 25,937,000 $ 27,246,000 $ 28,397,000 $ 29,679,000 $ 31,365,000 $ 32,696,000 $ 34,083,000 Total Sales $ 3,801,512 $ 4,030,399 $ 4,027,361 $ 3,989,501 $ 4,108,805 $ 4,641,087 $ 4,769,741 $ 4,826,574 $ 5,150,665 Trade Area Sales 65% Spirits $ 682,757 $ 723,582 $ 735,959 $ 774,079 $ 817,716 $ 946,082 $ 964,387 $ 976,769 $ 1,033,640 Wine(domestic) 635,686 642,725 609,753 574,430 587,820 676,150 718,884 698,208 752,101 Wine(imported) 172,634 207,921 250,598 286,742 311,761 355,710 358,246 402,171 464,911 Beer 878,683 934,398 925,980 899,530 892,516 970,134 990,558 986,923 1,021,688 Market Share Spirits 2.8% 2.9% 2.8% 2.8% 2.9% 3.2% 3.1 % 3.0% 3.0% Wine(domestic) 2.6 2.6 2.4 2.1 2,1 2.3 2.3 2.1 2.2 Wine(imported) 0.7 0,8 1.0 1.1 1.1 1.2 1.1 1.2 1.4 Beer 3.7 3.8 3.6 3.3 3,1 _ 3.3 3.2 3.0 3.0 Total 9,9 % 10,2 % 9,7 % 9,3 % 9.2 % 9.9 % 9.7 % 9.4 % 9.6 % STORE THREE-PRAIRIE VIEW Purchasing Power $ 14,56I,000 $ 14,996,000 $ 15,987,000 $ 16,898,000 $ 17,709,000 $ 18,613,000 $ 19,668,000 $ 20,677,000 $ 21,738,000 Total Sales $ 1,840,577 $ 2,035,753 $ 2,101,2I4 $ 2,118,723 $ 2,240,136 $ 2,485,860 $ 2,573,567 $ 2,707,847 3 2,755,426 Trade Area Sales 72.5% Spirits $ 378,904 $ 421,010 $ 445,832 $ 476,426 $ 523,366 $ 592,014 $ 602,747 $ 635,804 $ 640,643 Wine(domestic) 304,510 317,951 297,431 279,166 293,576 344,267 373,255 392,200 397,905 Wine(imported) 80,711 104,809 132,177 142,337 167,720 184,842 186,242 193,078 204,356 Beer 510,826 569,383 588,403 605,922 609,653 648,631 672,124 708,141 721,552 Market Share Spirits 2.6% 2.8% 2.8% 2.8% 3.0% 3.2% 3.1 % 3.1 % 2.9% Wine(domestic) 2.1 2.1 1.9 1.7 1,7 1.8 1.9 1.9 1.8 Wine(imported) 0.6 0,7 0.8 0.8 0.9 1.0 0.9 0.9 0.9 Beer 3.5 3.8 3.7 3.6 3.4 3.5 3.4 3.4 3.3 Total 8,8 % 9,4 % 9.2 % 8.9 % 9.0 % 9.5 % 9.3 % 9.3 % 9.0 % Source: City of Eden Prairie and McComb Group.Ltd. Table 3 MARKET SHARE BY PRODUCT LINE:2000 TO 2008 STORES ONE,TWO AND THREE Product/Store 2000 2001 2002 2003 2004 2005 2006 2007 _ 2008 Spirits Store One-Prairie Village 2.9 % 3.1 % 3.0 % 3.2 % 3.3 % 3.5 % 3.5 % 3.5 % 3.5 % Store Two-Den Road 2.8 2.9 2.8 2.8 2.9 3.2 3.1 3,0 3.0 Store Three-Prairie View 2.6 2.8 2.8 2.8 3.0 3.2 3.1 3.1 2.9 Wine Domestic Store One-Prairie Village 2.2 % 2.6 % 2.6 % 2.5 % 2.8 % 3.6 % 3.6 % 3.6 % 3.5 % Store Two-Den Road 2.6 2.6 2.4 2.1 2.1 2.3 2.3 2.1 2.2 Store Three-Prairie View 2.1 2.1 1.9 1.7 1.7 I.8 1.9 1.9 1.8 Wine Imported Store One-Prairie Village 0.7 % 0.9 % 1.1 % 1.2 % 1.5 % 1.8 % 1.9 % 1.8 % 1.9 °/a Store Two-Den Road 0.7 0.8 1.0 1.1 1.1 1.2 1.1 1.2 1.4 Store Three-Prairie View 0.6 0.7 0.8 0.8 0.9 1.0 0.9 0,9 0.9 Beer Store One-Prairie Village 3.8 % 4.2 % 4.2 % 4.1 % 4.0 % 4.0 % 3.9 % 3.9 % 3.9 % Store Two-Den Road 3.7 3.8 3.6 3.3 3.1 3.3 3.2 3.0 3.0 Store Three-Prairie View 3.5 3.8 3.7 3.6 3.4 3.5 3.4 3.4 3.3 Source: City of Eden Prairie and McComb Group,Ltd. Table 4-1 STORE ONE-PRAIRIE VILLAGE SALES AND MARKET SHARE BY PRODUCT LINE,2008 AND 2009 MONTHLY JANUARY THROUGH JULY Item January February March April May June July 2008 Purchasing Power $ 1,574,667 $ 1,574,667 $ 1,574,667 $ 1,574,667 $ 1,574,667 $ 1,574,667 $ 1,574,667 Total Sales $ 193,703 $ 210,870 $ 211,705 $ 217,026 $ 284,185 $ 268,302 $ 277,074 Trade Area Sales 80% Spirits $ 41,993 $ 44,672 $ 46,933 $ 47,254 $ 62,610 $ 58,717 $ 60,597 Wine(domestic) 45,054 47,851 45,294 48,056 54,990 50,403 49,210 Wine(imported) 23,381 27,794 26,220 24,298 29,214 26,960 27,130 Beer 42,202 45,664 48,090 50,968 75,114 71,647 79,552 Market Share Spirits 2.7 % 2.8 % 3.0 % 3.0 % 4.0 % 3.7 % 3.8 % Wine(domestic) 2.9 3.0 2.9 3.1 3.5 3.2 3.1 Wine(imported) 1.5 1.8 1.7 1.5 1.9 1.7 1.7 Beer 2.7 2.9 3.1 3.2 4.8 4.5 5.1 Total 9.69 % 10.54 % 10.58 % 10.83 % 14.09 % 13.19 % 13.75 % 2009 Purchasing Power $ 1,644,167 $ 1,644,167 $ 1,644,167 $ 1,644,167 $ 1,644,167 $ 1,644,167 $ 1,644,167 Total Sales $ 241,527 $ 237,825 $ 240,347 $ 254,636 $ 307,288 $ 299,076 $ 309,561 Trade Area Sales 80% Spirits $ 53,233 $ 49,711 $ 51,550 $ 52,174 $ 62,460 $ 60,730 $ 67,473 Wine(domestic) 54,013 58,654 56,019 56,341 62,074 64,469 60,553 Wine(imported) 31,658 31,846 28,207 31,258 34,043 29,167 30,406 Beer 51,719 47,395 53,566 60,438 82,510 78,645 83,641 Market Share Spirits 3.2 % 3.0 % 3.1 % 3.2 % 3.8 % 3.7 % 4.1 % Wine(domestic) 3.3 3.6 3.4 3.4 3.8 3.9 3.7 Wine(imported) 1.9 1.9 1.7 1.9 2.1 1.8 1.8 Beer 3.1 2.9 3.3 3.7 5.0 4.8 5.1 Total 11.59 % 11.41 % 11.52 % 12.18 °% 14.66 % 14.17 % 14.72 % Source: City of Eden Prairie and McComb Group,Ltd. Table 4-2 STORE TWO-DEN ROAD SALES AND MARKET SHARE BY PRODUCT LINE,2008 AND 2009 MONTHLY JANUARY THROUGH JULY Item January February March April May June July 2008 Purchasing Power $ 2,840,250 $ 2,840,250 $ 2,840,250 $ 2,840,250 $ 2,840,250 $ 2,840,250 $ 2,840,250 Total Sales $ 333,133 $ 357,700 $ 375,851 $ 359,320 $ 448,243 $ 426,294 $ 450,392 Trade Area Sales 65% Spirits $ 69,025 $ 70,675 $ 76,696 $ 73,371 $ 91,044 $ 85,976 $ 91,095 Wine(domestic) 49,277 55,226 56,289 52,254 59,173 56,516 55,351 Wine(imported) 31,668 34,075 33,821 30,265 37,570 34,496 34,456 Beer 62,044 67,960 72,374 72,574 95,937 92,802 104,002 Market Share Spirits 2.4 % 2.5 % 2.7 % 2.6 % 3.2 % 3.0 % 3.2 % Wine(domestic) 1.7 1.9 2.0 1.8 2.1 2.0 1.9 Wine(imported) 1.1 1.2 1.2 1.1 1.3 1.2 1.2 Beer 2.2 2.4 2.5 2.6 3.4 3.3 3.7 Total 7.46 % 8.03 % 8.42 % 8.04 % 9.99 % 9.50 % 10.03 % 2009 Purchasing Power $ 2,953,417 $ 2,953,417 $ 2,953,417 $ 2,953,417 $ 2,953,417 $ 2,953,417 $ 2,953,417 Total Sales $ 400,705 $ 350,069 $ 358,651 $ 384,198 $ 440,273 $ 437,092 $ 463,334 Trade Area Sales 80% Spirits $ 79,126 $ 67,456 $ 70,061 $ 74,389 $ 85,197 $ 86,449 $ 94,637 Wine(domestic) 62,469 59,892 57,148 56,334 61,149 61,688 60,675 Wine(imported) 37,436 32,517 31,525 34,098 36,313 30,744 32,681 Beer 76,608 63,255 69,961 79,546 96,906 97,585 106,089 Market Share Spirits 2.7 % 2.3 % 2.4 % 2.5 % 2.9 % 2.9 % 3.2 % Wine(domestic) 2.1 2.0 1.9 1.9 2.1 2.1 2.1 Wine(imported) 1.3 1.1 1.1 1.2 1.2 1.0 1.1 Beer 2.6 2.1 2.4 2.7 3.3 3.3 3.6 Total 8.66 % 7.55 % 7.74 % 8.27 % 9.47 % 9.36 % 9.96 % Source: City of Eden Prairie and McComb Group,Ltd. Table 4-3 STORE THREE-PRAIRIE VIEW SALES AND MARKET SHARE BY PRODUCT LINE,2008 AND 2009 MONTHLY JANUARY THROUGH JULY Item January February March April May June July 2008 Purchasing Power $ 1,811,500 $ 1,811,500 $ 1,811,500 $ 1,811,500 $ 1,811,500 $ 1,811,500 $ 1,811,500 Total Sales $ 190,698 $ 203,877 $ 207,790 $ 202,985 $ 237,109 $ 217,699 $ 233,357 Trade Area Sales 72.5% Spirits $ 46,841 $ 48,613 $ 48,323 $ 47,819 $ 55,448 $ 49,311 $ 53,915 Wine(domestic) 29,225 32,574 30,794 37,310 30,490 26,370 28,190 Wine(imported) 14,339 15,020 17,675 15,777 15,989 14,712 14,939 Beer 46,073 49,536 51,867 54,343 66,633 63,775 68,645 Market Share Spirits 2.6 % 2.7 % 2.7 % 2.6 % 3.1 % 2.7 % 3.0 % Wine(domestic) 1.6 1.8 1.7 2.1 1.7 1.5 1.6 Wine(imported) 0.8 0.8 1.0 0.9 0.9 0.8 0.8 Beer 2.5 2.7 2.9 3.0 3.7 3.5 3.8 Total 7.53 % 8.05 % 8.21 % 8.57 % 9.31 % 8.51 % 9.15 % 2009 Purchasing Power $ 1,891,000 $ 1,891,000 $ 1,891,000 $ 1,891,000 $ 1,891,000 $ 1,891,000 $ 1,891,000 Total Sales $ 213,478 $ 186,852 $ 202,156 $ 222,881 $ 250,363 $ 244,358 $ 261,958 Trade Area Sales 80% Spirits $ 48,360 $ 43,180 $ 47,070 $ 51,281 $ 56,419 $ 56,401 $ 61,670 Wine(domestic) 34,134 31,171 30,438 44,993 34,082 31,769 34,598 Wine(imported) 16,979 14,461 15,102 14,546 14,671 13,708 15,232 Beer 53,249 44,837 51,997 60,877 73,121 71,094 75,176 Market Share Spirits 2.6 % 2.3 % 2.5 % 2.7 % 3.0 % 3.0 % 3.3 % Wine(domestic) 1.8 1.6 1-6 2.4 1.8 1.7 1.8 Wine(imported) 0.9 0.8 0.8 0.8 0.8 0.7 0.8 Beer 2.8 2.4 2.7 3.2 _ - 3.9 3.8 4.0 Total 8.08 % 7.07 % 7.65 % 9.08 % 9.43 % 9.15 % 9.87 % Source: City of Eden Prairie and McComb Group,Ltd. Table 5 MARKET SHARE BY PRODUCT LINE JANUARY THROUGH JULY 2008 AND 2009 STORES ONE,TWO AND THREE January February March April May June July 7 Month Average Percent Product/Store 2008 2009 2008 2009 2008 2009 2008 2009 2008 2009 2008 2009 2008 2009 2008 2009 Change Spirits Store One-Prairie Village 2.7 3.2 % 2.8 3.0 % 3.0 3.1 % 3.0 3,2 % 4.0 3.8 % 3.7 3.7 % 3.8 4.1 % 3,3 3.4 % 5.0 % Store Two-Den Road 2.4 2.7 2.5 2.3 2.7 2.4 2.6 2.5 3.2 2.9 3.0 2.9 3.2 3.2 2.8 2.7 (3.6) Store Three-Prairie View 2.6 2.6 2.7 2.3 2.7 2,5 2.6 2.7 3.1 3.0 2.7 3.0 3.0 3.3 2.8 2.8 0.0 Wine Domestic Store One-Prairie Village 2.9 3.3 % 3.0 3.6 % 2.9 3.4 % 3.1 3.4 % 3.5 3.8 % 3.2 3.9 % 3.1 3.7 % 3.1 3.6 % 15.6 % Store Two-Den Road 1,7 2.1 1.9 2.0 2.0 1.9 1.8 1.9 2.1 2.1 2.0 2.1 1.9 2.1 1.9 2,0 6.0 Store Three-Prairie View 1.6 1.8 1.8 1.6 1.7 1.6 2.1 2.4 1.7 1.8 1.5 1.7 1.6 1.8 1,7 1.8 5.8 Wine Imported Store One-Prairie Village 1.5 1.9 % 1.8 1.9 % 1.7 1.7 % 1.5 1.9 % 1.9 2.1 9 1.7 1.8 % 1.7 1.8 % 1.7 I.9 % 11,3 Store Two•Den Road 1.1 1.3 1.2 1.1 1.2 1.1 1.1 1.2 1.3 1.2 1.2 1.0 1.2 1.1 1.2 1.1 (3.6) Store Three-Prairie View 0.8 0.9 0.8 0.8 1.0 0.8 0.9 0.8 0.9 0.8 0.8 0.7 0.8 0.8 0.9 0.8 (6.7) Beer Store One-Prairie Village 2.7 3.2 % 2.9 2.9 % 3.1 3.3 % 3.2 3.7 % 4.8 5.0 % 4.5 4.8 % 5.1 5.1 % 3.8 4.0 a 6.3 % Store Two-Den Road 2.2 2.6 2.4 2.1 2.5 2.4 2,6 2.7 3.4 3.3 3.3 3.3 3.7 3.6 2.9 2.9 (0.5) Store Three-Prairie View 2.5 2.8 2.7 2.4 2.9 2.7 3.0 3.2 3.7 3.9 3.5 3.8 3.8 4.0 3.2 3.3 3.2 Total Store One-Prairie Village 9.8 11.6 % 10.5 11.4 % .10.7 11.5 % 10.8 12.2 % 14.2 14.7 ° 13.1 14,2 % 13.7 14.7 % 1 I.S 12.9 % 9.1 % Store Two-Den Road 7.4 8.7 8.0 7.5 8.4 7.8 8.1 8.3 10.0 9.5 9.5 9.3 10.0 10.0 8.8 8.7 (0.5) Store Three-Prairie View 7.5 8.1 8.0 7.1 8.3 7.6 8.6 9,1 9.4 9.5 8.5 9.2 9.2 9.9 8.5 8.6 1.7 Spume: City of Ede,n Prairie and McComb Group,Ltd. Table 6 STORE THREE-PRAIRIE VIEW--EXISTING LOCATION PROFORMA SALES AND GROSS PROFIT BY PRODUCT LINE 2010 TO 2019 ESTIMATES 2010 2011 20i2 2013 _ 2014 2015 2016 2017 2018 2019 Purchasing Power 5 23,688,000 S 24,727,000 $ 25,812,000 $ 26,944,000 5 28,417,000 S 29,780,000 $ 31,308,000 $ 32,915,000 $ 34,603,000 $ 36,378,000 Market Share Spirits 3.00% 3.00% 3.00% 3.00% 3,00% 3,00% 3.00% 3.00% 3.00% 3.00% Wine(domestic} 1.90 1.90 1.90 1.90 1.90 1.90 1.90 1,90 1.90 1.90 Wine(imported) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Beer 3.40 3.40 3.35 3.35 3,35 3.30 3.30 3.25 3.25 3.25 Total 9.30 9.30 9.25 9.25 9.25 9.20 9.20 9.15 9.15 9.15 Spirits Trade Area Sales S 710,640 $ 741,810 $ 774,360 $ 808,320 $ 852,510 1 893,400 $ 939,240 $ 987,450 S 1,038,090 S 1,091,340 Inflow 27,5% 269,553 281,376 293,723 306,604 323,366 338,876 356,263 374,550 393,758 413,957 Total Sales 980,193 1,023,186 1,068,083 1,114,924 1,175,876 1,232,276 1,295,503 1,362,000 1,431,848 1,505,297 Cost of Goods Sold(75.3%) 738,085 770,459 804,266 839,538 885,435 927,904 975,514 1,025,586 1,078,182 1,133,488 Gross Profit $ 242,108 $ 252,727 $ 263,816 S 275,386 $ 290,441 $ 304,372 $ 319,989 S 336,414 5 353,667 $ 371,808 Wine(Domestic) Trade Area Sales 5 450,072 $ 469,813 $ 490,428 $ 511,936 S 539,923 S 565,820 $ 594,852 $ 625,385 S 657,457 $ 691,182 Inflow 27.5% 170,717 178,205 186,024 194,183 204,798 214,621 225,634 237,215 249,380 262,172 Total Sales 620,789 648,018 676,452 706,119 744,721 780,441 820,486 862,600 406,837 953,354 Cost of Goods Sold(68.5%) 425,240 443,892 463,370 483,691 510,134 534,602 562,033 590,881 621,184 653,048 Gross Profit $ 195,549 $ 204,126 $ 213,083 $ 222,427 $ 234,587 S 245,839 $ 258,453 $ 271,719 5 285,654 5 300,307 Wine(Imported) -1radc Area Sales $ 236,880 S 247,270 $ 258,120 $ 269,440 $ 284,170 $ 297,800 5 313,080 $ 329,150 $ 346,030 $ 363,780 Inflow 27.5% 89,851 93,792 97,908 102,201 107,789 112,959 318,754 124,850 131,253 137,986 Total Sales 326,731 341,062 356,028 371,641 391,959 410,759 431,834 454,000 477,283 501,766 Cost of Goods Sold(67.8%) 221,524 231,240 241,387 251,973 265,748 278,494 292,784 307,812 323,598 340,197 Gross Profit $ 105,207 $ 109,822 S 114,641 5 119,669 5 126,211 $ I32,264 $ 139,051 S 146,188 $ 153,685 .$ 161,568 Beer Trade Area Sales $ 805,392 $ 840,718 $ 864,702 5 902,624 $ 951,970 $ 982,740 $ 1,033,164 5 1,069,738 $ 1,124,598 $ 1,182,285 Inflow 27.5% 305,494 318,893 327,990 342,375 361,092 372,763 391,890 405,763 426,571 448,453 Total Sales 1,110,886 1,159,611 1,192,692 1,244,999 1,313,061 1,355,503 1,425,054 1,475,500 1,55I,169 1,630,738 Cost of Goods Sold(78,5%) 869,823 907,975 933,878 974,834 1,028,127 1,061,359 1,115,817 1,155,317 1,214,565 1,276,868 Gross Profit $ 241,062 5 251,636 $ 258,814 $ 270,165 5 284,934 S 294,144 $ 309,237 $ 320,184 $ 336,604 $ 353,870 Misc Total Sales $ 54,859 S 57,602 5 60,482 $ 63,506 5 66,68I 5 70,016 $ 73,5I6 $ 77,192 $ 81,052 5 85,104 Cost of Goods Sold 40,948 42,995 45,145 47,402 49,773 52,261 54,874 57,618 60,499 63,524 Gross Profit $ 13,911 S 14,607 $ 15,337 $ 16,104 S 16,909 $ 17,754 $ 18,642 $ 19,574 $ 20,553 5 21,581 Transportation $ (24,933) 5 (24,932) $ (24,931) $ (24,930) 5 (24,929) 5 (24,928) $ (24,927) 5 (24,926) S (24,925) S (24,924) Total Sales $ 3,093,458 $ 3,229,479 5 3,353,737 S 3,501,189 5 3,692,299 $ 3,848,995 $ 4,046,394 S 4,231,292 $ 4,448,189 5 4,676,259 Total Gross Profit $ 772,904 5 857,849 $ 890,622 $ 928,681 5 978,011 $ 1,019,302 $ 1,070,299 $ 1,119,005 $ 1,175,087 5 1,234,058 Percent of Sales 25,0% 26.6% 26.6% 26.5 % 26.5% 26.5% 26.5% 26.4% 26,4% 26,4% Seurrc:City of Eden Prairie and McComb Group.Lid. Table 7 STORE THREE-PRAIRIE VIEW-SNYDER'S SPACE PROFORMA SALES AND GROSS PROFIT BY PRODUCT LINE 2010 TO 2019 ESTIMATES 2010 2011 2012 2013 2014 2015 2016 2017 _ 2018 2019 Purchasing Power $ 23,688,000 5 24,727,000 $ 25,812,000 $ 26,944,000 $ 28,417,000 S 29,780,000 $ 31,308,000 5 32,915,000 5 34,603,000 $ 36,378,000 Market Share Spirits 3.20% 3.25 % 3.30% 3.30% 3.30% • 3.30% 3.30% 3.30% 3.30% 3.30% Wine(domestic) 2.60 2.70 2.80 2.90 2.90 2.90 2.90 2.90 2.90 2.90 Wine(imported) 1.60 1.65 1.70 1.70 1.70 1.70 1.70 1.70 1.70 1.70 Beer 3,40 3.40 3.40 3.35 3.35 3.35 3.35 3.30 3.30 3.30 Total 10,80 11.00 11.20 11.25 11.25 11.25 11.25 11.20 1I.20 11.20 Spirits Trade Area Sales $ 758,016 5 803,628 $ 851,796 $ 889,152 $ 937,761 $ 982,740 $ 1,033,164 $ 1,086,195 $ 1,141,899 $ 1,200,474 Inflow 27.5% 287,523 304,824 323,095 337,265 355,702 372,763 391,890 412,005 433,134 455,352 Total Sales 1,045,539 1,108,452 1,174,891 1,226,417 1,293,463 1,355,503 1,425,054 1,498,200 1,575,033 1,655,826 Cost of Goods Sold(75.3%) 787,291 834,664 884,693 923,492 973,978 1,020,694 1,073,066 1,128,145 1,186,000 1,246,837 Gross Profit $ 258,248 S 273,788 $ 290,198 S 302,925 5 319,485 S 334,809 S 351,988 $ 370,055 $ 389,033 $ 408,989 Wine(Domestic) Trade Area Sales $ 615,888 $ 667,629 $ 722,736 S 781,376 S 824,093 $ 863,620 $ 907,932 $ 954,535 $ 1,003,487 $ 1,054,962 Inflow 27.5% 233,613 253,239 274,141 296,384 312,587 327,580 344,388 362,065 380,633 400,158 Total Sales 849,501 920,868 996,877 1,077,760 1,136,680 1,191,200 1,252,320 1,316,600 1,384,120 1,455,120 Cost of Goods Sold(68.1%) 578,510 627,111 678,873 733,955 774,079 811,207 852,830 896,605 942,586 990,937 Gross Profit S 270,991 $ 293,757 S 318,004 S 343,805 5 362,601 $ 379,993 $ 399,490 S 419,995 $ 441,534 5 464,183 Wine(Imported) Trade Area Sales $ 379,008 $ 407,996 $ 438,804 5 458,048 S 483,089 S 506,260 5 532,236 5 559,555 $ 588,251 S 618,426 Inflow 27.5% 143,762 154,757 166,443 173,742 183,241 192,030 201,883 212,245 223,130 234,575 Total Sales 522,770 562,752 605,247 631,790 666,330 698,290 734,119 771,800 811,381 853,001 Cost of Goods Sold(67.8%) 354,438 381,546 410,357 428,354 451,772 473,440 497,732 523,280 550,116 578,335 Gross Profit S 168,332 $ 181,206 S 194,890 $ 203,436 $ 214,558 5 224,849 $ 236,386 $ 248,520 5 261,265 $ 274,666 Beer Trade Area Sales $ 805,392 $ 840,718 $ 877,608 $ 902,624 $ 951,970 $ 997,630 5 1,048,818 S 1,086,195 5 1,141,899 $ 1,200,474 Inflow 27.5% 305,494 318,893 332,886 342,375 361,092 378,411 397,828 412,005 433,134 455,352 Total Sales 1,110,886 1,159,611 1,2I0,494 1,244,999 1,313,061 1,376,041 1,446,646 1,498,200 1,575,033 I,655,826 Cost of Goods Sold(78.5%) 869,823 907,975 947,817 974,834 1,028,127 1,077,440 1,132,723 1,173,091 1,233,251 1,296,512 Gross Profit S 241,062 $ 251,636 S 262,677 $ 270,165 $ 284,934 5 298,601 $ 313,922 $ 325,109 5 341,782 $ 359,314 Misc Total Sales S 54,859 $ 57,602 $ 60,482 $ 63,506 S 66,681 5 70,016 $ 73,516 S 77,192 $ 81,052 5 85,104 Cost of Goods Sold 40,948 42,995 45,145 47,402 49,773 52,261 54,874 57,618 60,499 63,524 Gross Profit $ 13,911 $ 14,607 $ 15,337 $ 16,104 $ 16,909 S 17,754 5 18,642 $ 19,574 $ 20,553 $ 21,581 Transportation $ (24,933) S (25,681) 5 (26,451) $ (27,245) S (28,062) $ (28,904) 5 (29,771) $ (30,664) S (31,584) $ (32,532) Total Sales 5 3,583,554 $ 3,809,285 5 4,047,991 S 4,244,472 5 4,476,216 $ 4,691,050 5 4,931,654 $ 5,161,992 5 5,426,619 $ 5,704,878 Total Gross Profit $ 927,611 S 989,312 S 1,054,654 S 1,109,190 $ 1,170,425 S 1,227,103 5 1,290,657 $ 1,352,590 $ 1,422,583 $ 1,496,202 Percent of Sales 25.9% 26.0% 26.1 % 26.1 % 26.1 % 26.2% 26.2% 26.2% 26.2% 26.2% Source.City of Eden Prairie and McComb Group,Ltd. Table 8 STORE 3:PRAIRIE VIEW LIQUOR STORE NET RENT,CAM,PROPERTY TAXES,LANDLORD CONTRIBUTION,AND TENANT IMPROVEMENTS Current Snyder Snyder Snyder Space Current Space (9,498 Sq.Ft.) (8,000 Sq.Ft.) (6,700 Sq.Ft) Expires 5-Year 10-Year 7-Year 10-Year 7-Year 10-Year 10-Year Item 9/30/09 Lease Lease Lease Lease Lease Lease Lease Square Feet 4,248 4,248 4,248 9,498 9,498 8,000 8,000 6,700 Rent $ 70,092 $ 91,332 $ 91,332 $ 111,602 $ 94,980 $ 106,000 $ 88,000 $ 110,550 CAM 13,956 13,956 13,956 31,221 31,221 26,282 26,282 22,043 Property Taxes 17,884 17,884 17,884 39,969 39,969 33,680 33,680 28,207 Total $ 101,932 $ 123,172 $ 123,172 $ 182,792 $ 166,170 S 165,962 $ 147,962 5 160,800 Rent per Square Foot $ 16.50 $ 21.50 $ 21.50 $ 11.75 $ 10.00 S 13.25 $ 11.00 $ 16.50 Tenant Improvement Funds N/A $ 21,240 $ 42,480 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 City Contribution(excluding cooler) 278,760 257,520 •• 390,000 390,000 390,000 390,000 320,000 Annual Amortization* 57,847 31,750 64,978 48,084 64,978 48,084 39,462 • Amortization over lease period at 4%annual interest. •* Estimate based on same square footage cost as Snyders space,actual amount may be different Source: City of Eden Prairie and McComb Group,Ltd. } 4 4 i McComb mu Croup,Ltd. DEMOGRAPHIC AND INCOME SNAPSHOT Eden Prairie Liquor Store One Trade Area 8/31/2009 SNAPSHOT 1990 Census 2000 Census 2008 Estimated 2013 Projected Population 35,287 50,526 56,056 58,203 Households 12,530 18,403 20,689 21,590 Families 9,523 13,470 14,449 14,717 Per Capita Income $ 2I,427 $ 38,889 $ 44,617 $ 49,887 Median Household Income $ 52,438 $ 82,430 $ 103,682 $ 117,072 Average Household Income $ 59,983 $ 106,438 $ 120,668 $ 134,239 Average Household Size 2.79 2.74 2.7I 2.69 Median Age 30 34 36 37 Annual Percent Change TRENDS 1990-2000 2000-2008 2008-2013 Population 3.65 % 1.31 % 0.75 % Households 3.92 1.47 0.86 Families 3.53 0.88 0.37 Median Household Income 4.63 2.91 2.46 Average Household Income 5.90 1.58 2.15 1990 Census 2000 Census 2008 Estimated 20I3 Projected HOUSEHOLDS BY INCOME Number Percent Number Percent Number Percent Number Percent Less than$15,000 669 5.3 % 715 3.9% 514 2.5 % 471 2.2 % $15,000-$24,999 1,002 8.0 804 4.4 799 3.9 682 3.2 $25,000-$34,999 1,481 11.8 1,063 5.8 828 4.0 767 3.6 $35,000-$49,999 2,724 21.7 1,983 10.8 1,671 8.1 1,407 6.5 $50,000-$74,999 3,684 29.4 3,977 21.6 3,350 16.2 2,905 13.5 $75,000-$99,999 1,608 12.8 3,160 17.2 2,980 14.4 3,026 14.0 $100,000-$149,999 1,000 8.0 3,831 20.8 4,975 24.0 5,00I 23.2 $150,000+ 368 2.9 2,869 15.6 5,571 26.9 7,327 33.9 POPULATION BY AGE Number Percent Number Percent Number Percent Number Percent <19 11,218 31.8 % 16,860 33,4 % 17,622 31,4 % 17,922 30.8 % 20-24 2,016 5.7 2,018 4.0 2,550 4.5 2,759 4.7 25-34 8,652 24.5 7,127 14.1 6,611 11.8 6,601 11.3 35-44 7,057 20.0 11,084 21.9 10,425 18.6 9,343 16.1 45-54 3,357 9.5 7,896 15.6 10,036 17.9 10,248 17.6 55-64 1,623 4.6 3,246 6.4 5,625 10.0 7,115 12.2 65-74 889 2.5 1,412 2.8 1,980 3.5 2,847 4.9 75-84 472 1.3 669 1.3 889 1.6 1,019 1.8 85+ NA NA 213 0.4 319 0.6 348 0.6 RACE AND ETHNICITY Number Percent Number Percent Number Percent Number Percent White 34,049 96.5 % 46,530 92.1 % 48,858 87.2 % 49,261 84.6 % Black 339 1.0 820 1.6 2,026 3.6 3,064 5.3 Native American 98 0.3 82 0.2 114 0.2 119 0.2 Asian/Pacific Islander 714 2.0 2,214 4.4 3,507 6.3 4,133 7.1 Other Races 87 0.2 880 1.7 1,551 2.8 1,626 2.8 Hispanic(Any Race) 253 0.7 843 1.7 1,513 2.7 1,902 3.3 Source:U.S.Census,Scan/US,Inc.and McComb Group,Ltd. t ppiR McComb DEMOGRAPHIC AND INCOME SNAPSHOT WO Group,Ltd. Eden Prairie Liquor Store Two Trade Area 8/31/2009 SNAPSHOT 1990 Census 2000 Census 2008 Estimated 2013 Projected Population 72,880 87,295 92,311 94,246 Households 27,864 34,711 36,684 37,505 Families 19,896 23,502 23,998 24,091 Per Capita Income $ 26,483 $ 42,599 $ 49,467 $ 55,327 Median Household Income $ 56,025 $ 78,560 $ 98,405 $ 110,383 Average Household Income $ 69,689 $ 106,473 $ 123,407 $ 137,821 Average Household Size 2.59 2.50 2.50 2.50 Median Age 33 38 40 41 Annual Percent Change TRENDS 1990-2000 2000-2008 2008-2013 Population 1.82 % 0.70 % 0.42 % Households 2.22 0.69 0.44 Families 1.68 0.26 0.08 Median Household Income 3.44 2.86 2.32 Average Household Income 4.33 1.86 2.23 1990 Census 2000 Census 2008 Estimated 2013 Projected HOUSEHOLDS BY INCOME Number Percent Number Percent Number Percent Number Percent Less than S15,000 1,780 6.4 % 1,646 4.7% 1,198 3.3 % 1,126 3.0 % $15,000-$24,999 2,164 7.8 1,738 5.0 1,567 4.3 1,382 3.7 $25,000-$34,999 3,286 11.8 2,510 7.2 1,752 4.8 1,510 4.0 $35,000-$49,999 5,731 20.6 4,289 12.4 3,610 9.8 3,010 8.0 $50,000-$74,999 6,987 25.1 7,355 21.2 6,053 16.5 5,523 14.7 S75,000-$99,999 3,474 12.5 5,362 15.4 5,329 14.5 5,304 14.1 $100,000-$149,999 2,653 9.5 6,066 17.5 7,749 21.1 7,873 21.0 $150,000+ 1,812 6.5 5,742 16.5 9,421 25.7 11,771 31.4 POPULATION BY AGE Number Percent Number Percent Number Percent Number Percent <19 20,653 28.3 % 25,206 28.9% 25,707 27.8% 25,667 27.2 % 20-24 4,615 6.3 3,723 4.3 3,743 4.1 4,100 4,4 25-34 15,000 20.6 11,447 13.1 9,652 10.5 9,367 9.9 35-44 14,521 19.9 16,175 18.5 15,098 16.4 13,639 14.5 45-54 8,487 11.6 15,010 17.2 17,487 18.9 17,008 18.0 55-64 4,951 6.8 7,847 9.0 12,050 13.1 14,201 15.1 65-74 2,994 4.1 4,360 5.0 4,933 5.3 6,588 7.0 75-84 1,645 2.3 2,620 3.0 2,531 2.7 2,625 2.8 85+ NA NA 903 1.0 1,110 1.2 1,050 1.1 RACE AND ETHNICITY Number Percent Number Percent Number Percent Number Percent White 70,054 96.1 % 79,859 91.5 % 79,316 85.9% 77,853 82.6% Black 866 1.2 1,790 2.1 4,593 5.0 6,921 7.3 Native American 130 0.2 166 0.2 242 0.3 252 0.3 Asian/Pacific Islander 1,650 2.3 3,759 4.3 5,204 5.6 6,010 6.4 Other Races 180 0.2 1,721 2.0 2,957 3.2 3,210 3.4 Hispanic(Any Race) 523 0.7 1,340 1.5 2,477 2.7 3,183 3.4 Source:U.S.Census,Scan/US,Inc.and McComb Group,Ltd. . ^'': McComb DEMOGRAPHIC AND INCOME SNAPSHOT E■•Group,Ltd. Eden Prairie Liquor Store Three Trade Area 8/31/2009 SNAPSHOT 1990 Census 2000 Census 2008 Estimated 2013 Projected Population 42,148 56,074 62,607 64,990 Households 15,246 20,732 23,447 24,440 Families 11,316 14,924 16,113 16,452 Per Capita Income $ 22,933 $ 40,299 $ 46,261 $ 51,886 Median Household Income $ 53,298 $ 82,210 $ 102,292 $ 114,838 Average Household Income $ 63,183 $ 108,488 $ 123,047 $ 137,438 Average Household Size 2.74 2.70 2.66 2.65 Median Age 30 34 37 38 Annual Percent Change TRENDS 1990-2000 2000-2008 2008-2013 Population 2.90 % 1.39% 0.75 % Households 3.12 1.55 0.83 Families 2.81 0.96 0.42 Median Household Income 4.43 2.77 2.34 Average Household Income 5.55 1.59 2.24 1990 Census 2000 Census 2008 Estimated 2013 Projected HOUSEHOLDS BY INCOME Number Percent Number Percent Number Percent Number Percent Less than$15,000 898 5.9% 868 4.2 % 674 2.9% 646 2.6 % $15,000-$24,999 1,119 7.3 833 4.0 941 4.0 853 3.5 $25,000-$34,999 1,715 11.2 1,243 6.0 889 3.8 805 3.3 $35,000-$49,999 3,306 21.6 2,305 11.1 2,037 8.7 1,690 6.9 S50,000-$74,999 4,326 28.3 4,501 21.7 3,818 16.3 3,406 13.9 $75,000-$99,999 2,050 13.4 3,491 16.8 3,472 14,8 3,515 14.4 $100,000-$149,999 1,298 8.5 4,058 19.6 5,430 23.2 5,533 22.6 $150,000+ 557 3.7 3,430 16.5 6,184 26.4 7,990 32.7 POPULATION BY AGE Number Percent Number Percent Number Percent Number Percent <19 13,255 31.5 % 18,295 32.6% 19,398 31.0% 19,722 30.3 % 20-24 2,576 6.1 2,445 4.4 2,770 4.4 3,083 4.7 25-34 10,155 24.1 8,109 14.5 7,349 11.7 7,256 11.2 35-44 8,736 20.7 11,792 21.0 11,425 18.2 10,425 16.0 45-54 4,053 9.6 9,119 16.3 11,433 18.3 11,461 17.6 55-64 1,855 4.4 3,803 6.8 6,660 10.6 8,257 12.7 65-74 1,017 2.4 1,590 2.8 2,282 3.6 3,302 5.1 75-84 499 1.2 713 1.3 942 1.5 1,106 1.7 85+ NA NA 205 0.4 347 0.6 378 0.6 RACE AND ETHNICITY Number Percent Number Percent Number Percent Number Percent White 40,561 96.2 % 50,961 90.9 % 53,397 85.3 % 53,412 82.2 % Black 499 1.2 1,252 2.2 3,194 5.1 4,790 7.4 Native American 94 0.2 107 0.2 157 0.3 171 0.3 Asian/Pacific Islander 884 2.1 2,651 4.7 3,867 6.2 4,472 6.9 Other Races 110 0.3 1,103 2.0 1,992 3.2 2,145 3.3 Hispanic(Any Race) 299 0.7 907 1.6 1,727 2.8 2,241 3.4 Source:U.S.Census,Scan/US,Inc.and McComb Group,Ltd. SUMMARY OF SERVICES AND QUALIFICATIONS MCCGMB GROUP Ltd. Dun R E A L E 5 T A T A N D IJl_._1U R E T A l L C O N S U L T A N T S PROFILE MCCOMB GROUP,LTD. McComb Group, Ltd. was established in 1974 and provides consulting services to the real estate industry based on 35 years of experience with development in the United States and Canada. The firm offers a variety of consulting and analytical services including market and consumer research, financial feasibility, economic impact assessments, design assistance, and development consulting. These services are provided for all types of property. McComb Group, Ltd. can provide consulting assistance to every phase of a project's life. Previous engagements have involved product types and services shown below. REAL ESTATE DEVELOPMENT SERVICES Product Types Services Shopping Centers Site Selection Office Buildings Market Research Business Parks Consumer Research Industrial Parks Remerchandising&Redevelopment Apartments Design Review Consulting Hotels Financial Feasibility Senior Housing Owner's Representation Condominiums&Cooperatives Tax Increment Plans Mixed-Use Developments Economic Impact Analysis New Urbanism Developments Litigation Support McComb Group, Ltd. specializes in structuring public/private joint ventures for development that combine the strengths of private and public organizations to create unique developments that would not otherwise be feasible. These services have been provided to a wide range of clients including the nation's largest institutional investors and development companies as well as small development organizations and state and local government. QUALIFICATIONS MCCOMB GROUP,LTD. Market research for shopping centers, office buildings and residential developments has been a primary activity of McComb Group, Ltd. for the past 30 years. Our experience ranges from: • Convenience centers to mega malls; • Small office buildings to office towers such as Norwest Center and City Center; • Business and industrial parks; • Residential subdivisions, townhomes,apartments,condominiums and senior housing; • New urbanism developments including offices and services mixed with residential. We have worked in markets as small as Biwabik, Minnesota and as large as New York City. Geographically, our experience ranges from Cape Cod to Los Angeles and Vancouver to Miami. The diversity of our experience provides an understanding of what types of retail, service, and office uses can be supported by different size markets. The firm's market research capabilities and proprietary purchasing power model have been utilized to determine the size or supportable square footage for convenience centers, neighborhood centers, community centers, regional malls, neighborhood shopping areas, and central business districts. Municipalities rely on McComb Group, Ltd. to determine the amount of retail space that can be supported within their community based on the pace of residential development and full build-out retail potential. This analysis takes into consideration the geography of the community and the relationship to existing and potential competitive commercial areas or shopping centers. This analysis determines the potential for convenience, neighborhood, community, and regional shopping concentrations based on each community's unique location and growth potential. McComb Group, Ltd. has extensive experience in determining the number, size and type of retail stores that can be supported by different size population and household trade areas. This experience was gained by working on actual shopping centers whose actual retail sales derived from the trade area could be determined and analyzed with respect to trade area purchasing power by store type. Retail and service purchasing power represented by trade area households is calculated using McComb Group's proprietary purchasing power model. This model makes it possible to estimate sales potential for over 150 types of retail and service establishments and is based on the new NAICS codes. Based on our past experience, we can estimate the likely sales potential for individual store types at any location. This permits us to determine if sufficient sales potential exists to support individual retail or service establishments. This analysis permits us to craft a tenant mix that can be supported by households living within the identified trade area for any proposed development. McCOMB GROUP GIS CAPABILITY McComb Group maintains an extensive GIS department that includes a wide variety of public and proprietary databases that are utilized in the course of our work. These databases include, but are not limited to the following: • Demographic characteristics database contains census information for 1990 and 2000 and census comparable information for 2008 and 2013 detailed to MicroGrids ( 4 mile by '/ mile areas) for the United States. • 2000 Detailed Housing Data to the block level which includes social, economic and housing characteristics. • Business establishments by one-digit SIC code categories containing number of establishments, number of employees, payroll, and average salary for the United States detailed to the block level. • Business establishments by two-digit SIC code categories including number of establishments, sales, number of employees detailed to block groups for the State of Minnesota. • Geographic mapping systems for the United States that permit McComb Group to compile business and demographic variables for any geographic area. • McComb Group's proprietary purchasing power software that contains data specific to the Twin Cities area. Our purchasing power system provides estimates of trade area purchasing power and is utilized to estimate sales potential and supportable space for over 100 retail stores and services. • Proprietary housing development software that projects future housing demand by community, utilizing historic market capture rates in specific growth corridors. This model is used to produce market driven estimates housing development through 2025. • Historic information on total space, occupied space, vacant space, and absorption from 1980 to 2008. This database includes office, office warehouse, office showroom,and bulk warehouse for metropolitan market areas. • Other databases include current aerial photographs of the metropolitan area, land use features for the State of Minnesota prepared by Minnesota Planning Department, and a variety of other databases that can be accessed to assist with analysis for our clients. Linda Die manages the McComb Group GIS system and has 15 years experience with GIS applications. Ms. Die introduced GIS into the corporate offices of SUPERVALU and was responsible for its design, implementation and maintenance. Throughout her career, she has been involved in GIS technology and applications along with computerized mapping,customized segmentation analysis, data analysis, feasibility research and opportunity assessment studies. McComb Group will utilize the applicable portions of its GIS databases in conducting the analysis required by this engagement. These databases will greatly simplify the economic impact analysis requested by the City and provide a level of accuracy and detail that would not be possible without these databases. SUMMARY RESUMES McCOMB GROUP,LTD. McComb Group, Ltd. has a team that is qualified to conduct the research described in this proposal. McComb Group's professional staff associated with this engagement includes the following: James B. McComb, President, founded the predecessor of McComb Group in 1974 following six years as a member of the corporate staff with Dayton Hudson Corporation. His experiences at Dayton Hudson and daily association with merchants and shopping center developers provided the impetus for McComb Group's approach to shopping center and retail market research and financial feasibility, which includes strong elements of design and merchandise sensitivities. The firm's approach to shopping center research and marketing has undergone continuous development and refinement over the past 20 years. • Fred Katter, Executive Associate, has 30 years of real estate development experience including single family, multi-family and senior housing residential including for-rent and for-sale, office, industrial, and retail stores and shopping centers. He is experienced with site selection and acquisition, architectural selection and design supervision, general contractor selection and contract negotiations with subcontractors, construction supervision, environmental remediation, and construction, mortgage and equity financing. During his career, Mr. Katter has developed the following: 4,077 housing units; 600 apartment units; conversion of 434 rental apartments to condominiums; 360,000 square feet of industrial space; 300,000 square feet of office space; and two hotels with a total of 725 rooms. He also directed work outs for developments with over 2,789 housing units located in several Minnesota, and Southwest and Midwest markets. Served as Owner's Representative for developments of 534,000 square feet of supermarket space and 179 units of condominiums. s Linda Oie, Senior Associate, conducts market research, demographic and consumer analysis for client engagements. Ms. Oie manages the firm's geographic information systems (GIS) and demographic databases using a variety of computer platforms and proprietary software. Prior to joining McComb Group, Ltd., Ms. Oie was employed as Marketplace Information Manager at SuperValu, Inc. Her responsibilities included conducting strategic consumer-based analysis of existing and prospective supermarkets, profiling SuperValu customers,and delineating trade areas for existing and proposed stores. * Lori Hoffman, Associate, has over 15 years of experience in the multi-family industry. Ms. Hoffman conducts competitive evaluations, demographic and market research for retail, residential and commercial developments. Prior to joining McComb Group, Ms. Hoffman was employed as Director of Research Services at GVA Marquette Advisors. Her responsibilities included collecting rent and occupancy rates, data management, and preparing statistics for the quarterly publication Apartment Trends. Ms. Hoffman previously worked for Apartment Search as Senior Project Director in their Apartment Search"Profiles"division. Susan Nache, Consultant, performs market research, demographic analysis, and consumer research tasks. Ms. Nache conducts consumer research analysis and cross- tabulation on McComb Group's survey processing software; and is familiar with software programs used by McComb Group, Ltd. for financial feasibility and statistical analysis. Mr. McComb is responsible for managing and directing the overall research program and participates directly in findings and conclusions. Individual work tasks are assigned to personnel within the firm based on qualifications and experience. McCOMB GROUP,LTD.CLIENTS The following is a representative list of McComb Group, Ltd. business and government clients. BUSINESS GOVERNMENT Aetna Real Estate investments; Hartford,CT City of Albuquerque,New Mexico Alexander's Department Stores;New York,NY City of Baltimore,Maryland Brookfield Development Corporation;Minneapolis,MN Baltimore Stadium Authority;Baltimore, Maryland Bechtel Investments, Inc.;San Francisco,CA City of Bismarck,North Dakota Carlson Companies; Minneapolis,MN City of Bloomington,Minnesota Century Development; Houston,TX City of Buffalo,New York Chemical Bank;New York,NY Chanhassen Housing Redevelopment Authority CIGNA Investments, Inc.; Hartford,CT City of Chaska,Minnesota Corporate Property Investors;New York City of Crookston, Minnesota Dayton Hudson Corporation;Minneapolis,MN City of Crystal,Minnesota Dayton's Department Store;Minneapolis,MN City of Eagan,Minnesota Equitable Real Estate Company;Atlanta,GA City of Grand Rapids,Minnesota General Growth Center Communities;Minneapolis,MN Hennepin County Goldman,Sachs&Company;New York,NY City of Madison, Wisconsin Hill Health Care;Oakland,CA Metropolitan Transit Commission; Minnesota Homart Development Company;Chicago, IL City of Miami,Florida Hubbell Realty Company;Des Moines, IA City of Minneapolis,Minnesota LucasFilms Ltd.; San Francisco,CA Minneapolis Parks&Recreation Board MEPC American Properties;Dallas,TX Minnesota Department of Transportation Merrill-Lynch-Hubbard;New York,NY Minnesota State University System Minnesota Vikings;Minneapolis,MN Moorhead Housing&Redevelopment Authority New England Development; Boston, MA North Dakota State Highway Department New York State Employees' Retirement System;NY City of Oakland,California Northwestern Mutual Life Insurance;Milwaukee, WI Olmsted County, Minnesota Opus Corporation;Minneapolis,MN City of Owatonna,Minnesota Palmer Group;Chicago, IL Port Authority of the City of St.Paul,Minnesota Prudential Real Estate;Minneapolis,MN Public Works Canada,Ottawa,Canada Pyramid Companies; Syracuse,NY Ramsey County, Minnesota Radisson Hotel Corporation;Minneapolis,MN City of Richfield, Minnesota Richland Mall Associates;Johnstown,PA City of Rochester,Minnesota Rouse Company;Columbia,MD City of Rosemount, Minnesota Salomon Brothers,Inc.;New York,NY City of St.Louis Park,Minnesota Shearson-Lehmann;New York,NY City of St.Peter,Minnesota Simon Property Group;Indianapolis, IN City of Shakopee,Minnesota Skywalker Development Company; San Francisco,CA City of Sioux Falls,South Dakota Trammel Crow Co.;Minneapolis,MN U.S. Department of Justice Trump Organization;New York,NY City of Wausau, Wisconsin Twentieth Century Fox Real Estate Corp.;Los Angeles City of Wayzata, Minnesota Yarmouth Group; San Francisco,CA City of White Bear Lake, Minnesota Wal-Mart Stores, Inc.; Bentonville,AR City of Willmar Lease Term Size(Sq Ft) 4248 4248 6700 8000 9498 Rent $ 70,092 $ 91,332 $ 110,550 $ 94,980 CAM $ 13,956 $ 13,956 $ 22,043 $ 26,282 $ 31,221 Property Taxes $ 17,884 $ 17,884 $ 28,207 $ 33,680 $ 39,969 Total $ 101,932 r$ 123,172J $ 160,800 $ 147,962 $ 166,170 Increase Over Current $ 21,240 $ 58,868 $ 46,030 $ 64,238 Total Cost per Sq Ft $ 24.00 $ 29.00 $ 24.00 $ 18.50 $ 17.50 Rent per Sq It $ 16.50 $ 21.50 $ 16.50 $ 11.00 Operating Income (Projected) 2010 $ 125,265 $ 218,395 $ 230,832 $ 235,352 2011 $ 191,946 $ 258,271 $ 273,640 $ 279,220 2012 $ 202,342 $ 297,550 $ 313,832 $ 320,167 2013 $ 218,082 $ 326,316 $ 345,492 $ 352,665 2014 $ 243,669 $ 360,150 $ 380,201 $ 387,980 2015 $ 258,038 $ 387,385 $ 410,289 $ 418,913 2016 $ 281,154 $ 420,324 $ 444,060 $ 453,299 2017 $ 300,979 $ 390,254 $ 416,798 $ 487,346 2018 $ 327,135 $ 419,479 $ 446,808 $ 525,937 2019 $ 355,089 $ 455,425 $ 485,513 $ 569,337 $ 2,503,699 $ 3,533,549 $ 3,747,465 Rent(No CAM,Tax) 2010 $ 91,332 $ 110,550 $ 88,000 $ 94,980 2011 $ 93,456 $ 113,900 $ 88,000 $ 94,980 2012 $ 95,580 $ 117,250 $ 90,000 $ 97,355 2013 $ 97,704 $ 120,600 $ 90,000 $ 97,355 2014 $ 99,828 $ 123,950 $ 92,000 $ 99,729 2015 $ 103,014 $ 127,300 $ 92,000 $ 99,729 2016 $ 106,200 $ 130,650 $ 94,000 $ 102,104 2017 $ 109,386 $ 134,000 $ 94,000 $ 102,104 2018 $ 112,572 $ 137,350 $ 96,000 $ 104,478 2019 $ 115,758 $ 140,700 $ 96,000 $ 104,478 $ 1,024,830 $ 1,255,250 $ 997,292 Options 1 Stay in current location $ 21.50 Rent/Sq Ft 10 Year Rent Cost $ 1,024,830 10 Year Income $ 2,503,699 2 Move to 6700 Sq Ft $ 16.50 Rent/Sq Ft 10 Year Rent Cost $ 1,256,250 10 Year Income $ 3,533,549 3 Move to 8000 Sq Ft $ 11.00 Rent/Sq Ft 10 Year Rent Cost MOM 10 Year Income $ 3,747,465 4 Move to 9498 Sq Ft $ 10.00 Rent/Sq Ft 10 Year Rent Cost $ 997,292 10 Year Income 5 Close Store Loss of revenue Lack of convenience to residents AMENDMENT NO.2 TO LEASE This Amendment No.2 to Lease (this "Amendment") is entered into as of September .,] 2009, by and between PRAIRIE VIEW RETAIL LLC,a Delaware limited liability company("Landlord")and CITY OF EDEN PRAIRIE dlb/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 is leasing to Tenant the premises consisting of approximately 4,248 square feet(the "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 8,000 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. Landlord shall cause KKE Architects (the "Architect") to prepare preliminary plans for permanent improvements to the New Premises(the "Preliminary Plans"), which preliminary plans should be similar in scope to the plans prepared by Architect dated May 20,2009. The parties acknowledge that the Preliminary Plans are to modify the New Premises to accommodate Tenant's intended use. The Preliminary Plans also shall determine the actual square footage of the New Premises. The Rent and Tenant's Proportionate Share of Common Area Maintenance and Taxes shall be changed to reflect the actual square footage of the New Premises as constructed. Upon approval of the Preliminary Plans by Landlord and Tenant, which approval or comments thereto shall be given within five(5)days of delivery of said Preliminary Plans and which approval shall not be unreasonably withheld by Tenant, 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 October 1, 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 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. 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 Doc 2989627/5 Improvements in accordance with the PIans 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 December 31,2009(the "Delivery Date"),but delivery of possession prior to such date shall not affect the Rent Commencement Date (as defined in Section 5 below) or 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, 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 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,the Annual Rent,the actual rentable square footage of the New Premises,the 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". 3. Extension Term. The Term of the Lease is hereby extended for one (1) period of(I0) years commencing on January 1,2010 and expiring at 11:59 p.m.on December 31,2019(the"Extension Term"),unless earlier terminated pursuant to the terms of the Lease. 4. Option to Extend Term. Sections 1.3 and 3.3 of the Lease are hereby rendered null and void and of no further force and effect. a. Subject to the provisions of the Lease and this Amendment and provided the Lease or Tenant's right of possession of the New Premises has not been earlier terminated, Tenant shall have the right and option to extend the Term of the Lease (the "Option") as to all, but not less than all, of the New Premises then being leased hereunder,for one(1)period of five(5)years beginning immediately following the end of the Extension Term(the"Renewal Term")subject to the following terms and conditions: Doell 2989627\5 (i) The Option shall be exercised by Tenant giving written notice to Landlord no later than six (6) months prior to the commencement of the Renewal Term, time being of the essence (the "Renewal Notice"). If no such Renewal Notice is timely given,the Lease shall terminate as of the end of the Extension Term; (ii) Tenant shall not be in default under the Lease beyond the passage of any applicable period of cure,grace or notice at the time of giving the Renewal Notice or at any time thereafter to and including the commencement of the Renewal Term;and (iii) The extension of the Term for the Renewal Term shall be on the same terms and conditions as are applicable to the Extension Term; provided, however,(x) Tenant shall have no further right to extend the Term of the Lease,(y)Sections 2.a,2.b,and 7 of this Amendment shall not apply to the Renewal Term, and (x) the Monthly Installments of Rent payable by Tenant to Landlord during the Renewal Term shall be the amounts set forth in Section 5 below. b. It is acknowledged and agreed by the parties that the right of Tenant to extend the Term of the Lease under Section 4.a. above is personal to the City of Eden Prairie ("Original Tenant") and should said Original Tenant either assign the Lease or sublet all or any part of the Premises to any person or entity shall automatically become null and void and of no further force or effect. 5. Rent.Commencing on January 1,2010(the"Rent Commencement Date")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 Monthly Installment of Extension Term Square Foot Annual Rent of Rent 1/1/10- 12131/1 1 $11.00 $88,000.00 $7,333.33 111/12- 12/31/13 $11.25 $90,000.00 $7,500.00 1l1l14- 12/31/15 $11.50 $92,000.00 $7,666.67 111116- 12/31/17 $11.75 $94,000.00 $7,833.33 1/1/18- 12/31/19 $12.00 $96,000.00 $8,000,00 Period Annual Rent per Monthly Installment of Renewal Term Square Foot Annual Rent of Rent 1/1/20- 12/31/20 $12.50 $100,000.00 $8,333.33 I/1/21 - 12/31/21 $13.00 $104,000.00 $8,666.67 1/1/22- 12/31/22 $13.50 $108,000.00 $9,000.00 1/1/23 - 12/31/23 $14.00 $112,000.00 $9,333.33 111124- 12/31/24 $14.50 $116,000.00 $9,666.67 6. 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 January 1,2010,Tenant's Proportionate Share shall adjust to 6.96% of the Common Area Maintenance and Taxes that pertain to the Shopping Center. Tenant's Proportionate Share is subject to change pursuant to the terms of Section 2.a.above. 7. Surrender of Existing Premises. The Term of the Lease, which is scheduled to expire on September 30, 2009, is hereby extended three(3) months so as to now expire on December 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) December 31,2009 at 11:59 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 Doc#298962715 and all improvements located therein; provided the foregoing does not relieve Tenant from its obligations under Article 25 of the Lease. 8. 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(the"Termination of Liquor Business"),either Landlord or Tenant may terminate this Lease upon 120 days prior written notice to the other party(the"Termination 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. 9. 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 not 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. 10. 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 Doe#298962715 Premises as long as Tenant complies with ail 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. 11, Miscellaneous Modifications. a. Sections 1.5,2,36 and 37 of the Lease are hereby deleted in their entirety and rendered null and void and of no further force and effect. b. The first sentence in Section 1.6 is amended to delete"Sixty(60)"and replace with"one hundred eighty(180)". 12. 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, 13. 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. 14. Counterparts. This Amendment may be executed in one or more counterparts, each evidencing, however,the single agreement between the parties. 15. 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: f"Atr-44' 6 1-Ikak.) Name: glair Title: ,S11 By: &at ■i` Name: `f (0"1 ► Title: Ave Doc#2989627\5 TEN ANT: CITY 0 E P E By: Name: Title: "'Motor By: ••{� Name: Ii1 Title: l4xçer Doc#2989627/5 Exhibit A Prairieview Center Eden Prairie. MN ew r -\ Premi46 --- 1 f Cmm11 1 f11111 I_1LI ) SS --5 : A I / .c2/ 7:Ci � � 1 ��fi1I1111l�I11if �J \ a a r r. opp ir- AK\ __7_. . Cd I. fl m . I/ Ie 4 CZ ' 1� ` m T. Q11 CIO s. / /V - C13 \\ DI 1_.' \\\Q_.115 . 5 ‘ 1 I I] 1/4------------------- j MO DTI" Highway 5 1 CITY COUNCIL AGENDA DATE: SECTION: Reports of the City Manager September 1, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.2 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. 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 ASSOCDATES Standard Agreement for Professional Services This Agreement is made on the;7th 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. r- aoi° 2. Term. The term of this Agreement shall be from July?, 2009 through Jtln'„`1 3/, , 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 Pr 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 ( Wayzata, MN 55391 I Tel 952,473,4882 I Fax 952.473,5006 ( www.bakerassociates,com BAKER ASSOCATES 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 ( Tel 952.473,4882 I Fax 952,473.500E j www.bakerassociat:es.com BAKER ASSOCHATES 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. Project 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 Wayzata, MN 55391 I Tel 952.473.4882 J Fax 952.473.5006 www.bakerassociates.com BAKER ASSOCBATES 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. 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 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. Co»zpliance 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 ( Wayzata, MN 55391 l Tel 952,473,4882 I Fax 952.473,5006 www.bakerassociates,com BAKER ASSOCOATES 19. Indemn(*ation. 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 I Wayzata, MN 55391 I Tel 952,473.4882 I Fax 952,473.5006 I www.bakerassociates,com BAKER ASSOCIATES 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 ( Wayzata, lv1N 55391 I Tel 952,473.4882 I Fax 952.473,5006 www.bakerassociates.com El B A K ER 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 riot 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 riot 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 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 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 I Wayzata, MN 55391 I Tel 952.473.4882 I Fax 952.473.5006 I svww,bakerassociates.com BAKER ASSOCIATES 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 Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Coaicts. 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 ( Tel 952.473,4882 I Fax 952.473.500E I www.bakerassociates,com BAKER ASSOCDATES 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 13 w oa E R ASSOCIIATES 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 14 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 I Wayzata, MN 55391 I Tel 952.473.4882 I Fax 952.473.5006 I www.bakerassociates.com BAKER A S S O C O A T E S 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. 10-15) (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 Fax 952,473.5006 ( 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 ( Wayzata, MN 55391 Tel 952,473.4882 j Fax 952,473,500E I www,bakerassociates.com BAKERra 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 ❑ Scott W. Baker Associates will be responsible ❑✓ (CompanyName)will be responsible Accepted: (CompanyN e) I/We have re d, un/ stand and agree to the above stated terms. Signature: Date: / // Accepted: .W.Baker sociates,Inc. Scott .Baker: Daie: 7/7/09 1903 E Wayzata Blvd I Wayzata, MN S5391 I Tel 952.473.4882 I Fax 952,473.5006 I www.bakerassociates.com BAKER ASSOCIATES 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 ( www,bakerassociates,com CITY COUNCIL AGENDA DATE: SECTION: Report of the City Manager September 1, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.F.1. Office of the City Manager/ Resolution certifying proposed 2010 property tax Finance, Sue Kotchevar levy, accepting proposed 2010 budget, setting date(s) for public hearing(s), and consenting and approving HRA tax levy Requested Action Move to adopt the resolution that: • Certifies the proposed 2010 property tax levy to be $32,751,059; and • Sets December 1st 2009 as the meeting which will include discussion of the budget and provide for public comment; and • Accepts the proposed 2010 budget of$41,052,045; and • Consents and approves the HRA tax levy of$200,000. Synopsis Minnesota Law and administration rules prescribe a detailed process for public notification and participation in setting taxes and budgets of local governments. Cities must adopt a proposed net property tax levy by September 15 and certify it to the county auditor. In addition, the City Council must accept a proposed budget for the coming year. In the past the City set a date for the "Truth-in-Taxation"hearing and a date to reconvene it(if necessary). 2009 Statute was changed which eliminates the mandated truth-in-taxation hearing requirement and the associated newspaper requirement. The City must announce at this Council meeting the future time and date of the regularly scheduled meetings at which the budget and levy will be discussed and public testimony taken. The Council must adopt the final tax levy and budget by December 15. Minnesota Law authorizes the H RA t o 1 evy a tax with the c onsent of the C ity C ouncil. T his resolution gives the consent needed for the HRA. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2009- A RESOLUTION ADOPTING THE CITY'S PROPOSED 2010 PROPERTY TAX LEVIES,ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS AND TAX-SUPPORTED OBLIGATIONS FOR 2010,AND CONSENT AND APPROVE THE 2010 HRA LEVY WHEREAS, the City Council of the City of Eden Prairie has reviewed the City Manager's recommended 2010 budget and tax levies; and WHEREAS,the City Council has decided to accept these recommendations at this time. NOW, THEREFORE,BE IT RESOLVED,that the City Council: 1. Establishes the following proposed taxes on real and personal property within the City of Eden Prairie for the 2010 budget. Levy on Tax Capacity $31,091,059 Levy on Market Value 1,660,000 Total LEVY $32,751,059 The proposed total Levy may not be exceeded when the City Council sets the final tax levy for 2010. 2. Accepts the 2010 proposed levy of$32,751,059 and proposed budget totaling$41,052,045 at this time. 3. Consents and approves the 2010 HRA tax levy of$200,000. ADOPTED by the City Council on September 1, 2009. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk ri Grant Agreement Page 1 of 2 MIRY Minnesota Department of Public Safety("State") Grant Program: Homeland Security and Emergency Management HSEM Homeland Security Grant Program 2008 Division 444 Cedar Street, Suite 223 Grant Agreement No.: 2009-HSGP-00379 St Paul,Minnesota 55101 Grantee: Grant Agreement Term: City of Eden Prairie Effective Date: 9/1/2008 8080 Mitchell Road Expiration Date: 3/31/2011 Eden Prairie,Minnesota 55344 Grantee's Authorized Representative: Grant Agreement Amount: Sonja Ritchie Roy,Projects Coordinator Original Agreement $86,700.00 8080 Mitchell Road Matching Requirement $0.00 Eden Prairie,Minnesota 55344 Phone: (952)949-6232 Email: sritchieroy@edenprairie.org State's Authorized Representative: Federal Funding: CFDA 97.067 Brian Bounds, Grants Specialist State Funding: Homeland Security and Emergency Management Special Conditions:None Division 444 Cedar Street, Suite 223 St Paul,Minnesota 55101 Phone: (651)201-7419 Email: brian.bounds@state.mn.us Under Minn. Stat. § 299A.01, Subd 2 (4)the State is empowered to enter into this grant agreement. Term: Effective date is the date shown above or the date the State obtains all required signatures under Minn. Stat. § 16C.05, subd. 2,whichever is later. Once this grant agreement is fully executed,the Grantee may claim reimbursement for expenditures incurred pursuant to the Payment clause of this grant agreement. Reimbursements will only be made for those expenditures made according to the terms of this grant agreement. Expiration date is the date shown above or until all obligations have been satisfactorily fulfilled,whichever occurs first. The Grantee,who is not a state employee will: Perform and accomplish such purposes and activities as specified herein and in the Grantee's approved HSEM Homeland Security Grant Program 2008 Application which is incorporated by reference into this grant agreement and on file with the State at 444 Cedar Street, Suite 223, St Paul,Minnesota 55101. The Grantee shall also comply with all requirements referenced in the HSEM Homeland Security Grant Program 2008 Guidelines and Application which includes the Terms and Conditions and Grant Program Guidelines (www.wego.dps.state.mn.us),which are incorporated by reference into this grant agreement. Budget Revisions: The breakdown of costs of the Grantee's Budget is contained in Exhibit A,which is attached and incorporated into this grant agreement. As stated in the Grantee's Application and Grant Program Guidelines, the Grantee will submit a written change request for any substitution of budget items or any deviation and in accordance with the Grant Program Guidelines. Requests must be approved prior to any expenditure by the Grantee. Matching Requirements: (If applicable.)As stated in the Grantee's Application,the Grantee certifies that the matching requirement will be met by the Grantee. Payment: As stated in the Grantee's Application and Grant Program Guidance,the State will promptly pay the DPS Grant Agreement non-state(09/08) Grant Agreement Page 2 of 2 Grantee after the Grantee presents an invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services and in accordance with the Grant Program Guidelines. Payment will not be made if the Grantee has not satisfied reporting requirements. Certification Regarding Lobbying: (If applicable.) Grantees receiving federal funds over$100,000.00 must complete and return the Certification Regarding Lobbying form provided by the State to the Grantee. 1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn.Stat.§§16A.15 and 16C.05. By: (with delegated authority) Signed: Title: Date: Date: Grant Agreement No. 2009-HSGP-00379/2000-13173 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant agreement on behalf of the Grantee as required by applicable articles,bylaws,resolutions,or ordinances. By: Title: Date: By: Distribution: DPS/FAS Title: Grantee State's Authorized Representative Date: DPS Grant Agreement non-state(09/08) * Exhibit A * HSEMl` Minnesota Department of Public Safety 444 Cedar Street, Suite 223 Xods.� ,=�Fro•�, Homeland Security and Emergency Management Division Saint Paul, MN 55101 Grantee Name: Eden Prairie, City of Grant Number: 2009-HSGP-00379 Program: Urban Area Security Initiative/Investment#10: MNJAC Budget Category Request Organization $82,200.00 Training $4,500.00 Total $86,700.00 Page A-1 HSEM Grants Program:Grant Budget Summary CITY COUNCIL AGENDA DATE: SECTION: Report of the Police Chief September 1, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Rob Reynolds, Chief Police Accept 2008 Homeland Security Police Grant for the amount of$86,700 Requested Action Move to: Accept the 2008 Homeland Security Grant for the amount of$86,700. Synopsis The City of Eden Prairie has been awarded a 2008 Homeland Security Grant for the amount of $86,700. The grant will be used to fund a part-time contracted employee with MN Joint Analysis Center(MNJAC). Attachment Agreement