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Home My WebLink AboutCity Council - 09/15/2009 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, SEPTEMBER 15, 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. CONTINUITY OF OPERATIONS PLAN (COOP) Council Chamber II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 15,2009 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Jon Duckstad, Kathy Nelson, and Ron Case CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Jay Lotthammer, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER II. COLOR GUARD /PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. ABC STUDENT WELCOME B. BLUE CROSS BLUE SHIELD ACTIVE COMMUNITY LIVING AWARD V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 1, 2009 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 1, 2009 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. ADOPT RESOLUTION DECLARING PROPERTY ABANDONED B. APPROVE AGREEMENT WITH SCOTT W. BAKER ASSOCIATES, INC. C. ADOPT RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT HEARING ROLLS AND SETTING HEARING DATE IX. PUBLIC HEARINGS/MEETINGS CITY COUNCIL AGENDA September 15, 2009 Page 2 A. RESOLUTION AUTHORIZING ADOPTION OF AMENDMENTS TO THE CAPITAL IMPROVEMENT PLAN AND ISSUANCE OF GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS B. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO GARAGE SALES X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. SWLRT Route —Council Member Nelson (Resolution) 2. Lower Minnesota River Erosion—Council Member Case B. REPORTS OF CITY MANAGER 1. Amendment to EECBG Application Components C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Acknowledge Friends of the Eden Prairie Art Center Contribution (Resolution) E. REPORT OF PUBLIC WORKS DIRECTOR 1. Professional Services Agreement with EPI, Inc. for Replacement of Water Treatment Plant Metal Roof F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: September 11, 2009 TO: Mayor and City Council FROM: Scott Neal, City Manager RE: City Council Meeting for Tuesday, September 15, 2009 TUESDAY, SEPTEMBER 15, 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 SEPTEMBER 1, 2009 MOTION: Move to approve the minutes of the HRA meeting held on September 1, 2009. III. ADOPT RESOLUTION AUTHORIZING DEFEASANCE AND REDEMPTION OF OUTSTANDING BONDS Synopsis: The City's financial advisor has identified an opportunity to refinance bonds and realize approximately $103,000 in savings. The 2000A bonds originally issued as HRA bonds to finance Fire Station#1 on Scenic Heights Road will be redeemed. The City will issue CIP bonds at a lower interest rate to realize cost savings. MOTION: Move to adopt the resolution authorizing defeasance and redemption of outstanding bonds. IV. ADJOURNMENT MOTION: Move to adjourn the HRA. ANNOTATED AGENDA September 15, 2009 Page 2 COUNCIL MEETING IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. V. PROCLAMATIONS/PRESENTATIONS A. ABC STUDENT WELCOME Gardner Gay, Executive Director of ABC Eden Prairie, will give a brief overview of the program. Each student will then introduce themselves, giving their name, where they grew up, and year in school. B. BLUE CROSS BLUE SHIELD ACTIVE COMMUNITY LIVING AWARD VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 1, 2009 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 1, 2009 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-C on the Consent Calendar. A. ADOPT RESOLUTION DECLARING PROPERTY ABANDONED B. APPROVE AGREEMENT WITH SCOTT W. BAKER ASSOCIATES, INC. C. ADOPT RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT HEARING ROLLS AND SETTING HEARING DATE IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTION AUTHORIZING ADOPTION OF AMENDMENTS TO THE CAPITAL IMPROVEMENT PLAN AND ISSUANCE OF GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS Official notice of this public hearing was published in the August 27, 2009, Eden Prairie News. ANNOTATED AGENDA September 15, 2009 Page 3 Synopsis: The City's financial advisor has identified an opportunity to refinance bonds and realize approximately $103,000 in savings. The 2000A bonds originally issued as HRA bonds to finance Fire Station#1 on Scenic Heights Road will be redeemed. The City will issue CIP bonds at a lower interest rate to realize cost savings. MOTION: Move to adopt a resolution authorizing the adoption of amendments to the Capital Improvement Plan and Issuance of General Obligation Capital Improvement Plan Bonds. B. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO GARAGE SALES Official notice of this public hearing was published in the September 3, 2009,Eden Prairie News. Synopsis: The City Council reviewed a report from the Director of Community Development relating to garage sales on April 21, 2009. Based City Council input the draft ordinance was changed to address the following: • Every item for sale does not need to be used. (covered by definition) • The ordinance may limit the number of days. (4 days per sale, and 4 times a year) • The ordinance may require that people live in Eden Prairie. (sellers required to be City residents) • The ordinance may limit where sales are held.(held at the primary residence) The Planning Commission voted 5-0 to recommend approval of the code amendment at the August 24, 2009 meeting. MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance Amending City Code Chapter 11 adding a definition for garage sales and garage sale regulations. X. PAYMENT OF CLAIMS MOTION: Move approval of the Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS ANNOTATED AGENDA September 15, 2009 Page 4 XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. SWLRT Route —Council Member Nelson (Resolution) MOTION: Adopt resolution endorsing recommendation of the Southwest Transitway Technical Advisory Committee concerning recommendation of Route 3A as the locally preferred alternative for the Southwest Transitway. 2. Lower Minnesota River Erosion—Council Member Case B. REPORTS OF CITY MANAGER 1. Amendment to EECBG Application Components Synopsis: The Council approved a preliminary application to the federal government's Energy Efficiency & Conservation Block Grant(EECBG) program on May 19, 2009. Following the Council's approval of the preliminary application, City staff and consultants performed an initial engineering analysis of the application's component projects. The results of that analysis have caused staff to make several recommended changes to the list of component projects. The recommended changes are indicated on the attached matrix. Staff observed two guiding principles during the process of choosing component projects for this grant application. First,we have proposed projects that were already included in our proposed capital improvement plans. The grant funds will be used to replace local funds we were planning to spend on planned projects. Second, we wanted the projects funded by these grant funds to produce an identifiable annual operational cost savings. During the pre-application engineering analysis, we also identified a third guiding principle—that we should prefer projects that would leverage additional public or private funds for the benefit of the City. I'm pleased to inform the Council that our list of proposed projects, if approved,will leverage an additional $96,284 for the City from private utility rebates. Of the component projects on the revised recommended grant application, there is one component that does not meet the first two guiding principles. Staff is recommending that $89,530 of grant funds be used for the construction of new trails. This new component is consistent with the first guiding principle. We are proposing to spend the grant funds on trail projects that are part of the City's approved trail master plan. Spending these grant funds on trails will replace/supplement our local trail spending thereby enabling the City to stretch its trail construction resources further. However, I don't think that I can say that this project component meets the second test in that it does not create an annual operating cost savings. ANNOTATED AGENDA September 15, 2009 Page 5 The proposed revised EECBG application is consistent with the federal government's program rules. This application, if approved by the Council, will be approved by the federal government resulting in an award of$627,000 in federal EECBG grant funds to the City. Despite the fact that it will not produce an annual operating cost savings,the expenditure of these grant funds on our trail system will provide both financial and amenity benefits to the residents of Eden Prairie. I believe it is in the City's best interest to proceed with the submission of the proposed revised EECBG application. I recommend the City Council approve this motion and authorize the submission of the revised EECBG application. MOTION: Move to approve the City's revised grant application to the Energy Efficiency & Conservation Block Grant program. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Acknowledge Friends of the Eden Prairie Art Center Contribution (Resolution) Synopsis: The Friends of the Eden Prairie Art Center wish to make a contribution to be used for art making equipment and supplies such as; clay, kilns and pottery wheels. The money is being dispersed from the Eden Prairie Foundation. This is a similar process used for the Veterans Memorial. In April of 2008, the Eden Prairie City Council officially accepted a gift of a 5,400- square-foot building from the family of the late Roger Sampson, who built the building as a place to create art. In order to help fund renovations and equipment purchases, a fundraising campaign was initiated. In addition to city staff efforts, a group called the Friends of the Eden Prairie Art Center was formed. The Friends of the Eden Prairie Art Center is a group of Eden Prairie residents who have come together with a common goal of securing funding to give life to the Eden Prairie Art Center and foster creativity in the community for many years to come. The Friends of the Eden Prairie Art Center have offered several fundraising events. The money that has been raised is held in an account with the Eden Prairie Foundation and is dispersed to the City of Eden Prairie upon request and submission of invoices. MOTION: Move to adopt resolution accepting gift of $8,200.56 from Friends of the Eden Prairie Art Center. E. REPORT OF PUBLIC WORKS DIRECTOR 1. Professional Services Agreement with EPI,Inc. for Replacement of Water Treatment Plant Metal Roof Synopsis: This Professional Services Agreement will provide construction plans and specifications as well as bidding and construction phase services to remove and replace the metal roof on the rotunda at the Water Treatment ANNOTATED AGENDA September 15, 2009 Page 6 Plant. The contract calls for payment on an hourly basis with a not to exceed amount of$96,400. Staff and the City Attorney's office have been engaged in a process to hold the original Engineer/Designer, Contractors and Suppliers accountable for the failure of the roofing systems at the Water Treatment Plant(WTP). As part of that process, we have engaged Environmental Process, Inc (EPI) to provide the forensic investigative services to establish the cause of the failure. In addition, EPI provided the professional services for the design and construction of the recently completed flat roof portion of the WTP. The metal roof over the rotunda has also failed,but wasn't included in the flat roof project because it was provided by different installers and vendors from the flat roof section. EPI has performed their services to us in an exemplary fashion and it is important that we keep continuity for all of the repairs, since this process may well result in litigation. It is the intention that the designers, contractors and suppliers pay for these repairs. But regardless of the outcome with that possible negotiation/litigation process, the roof needs to be replaced. Staff recommends approval of the motion to hire EPI. MOTION: Move to approve Professional Services Agreement with EPI, Inc. for design and construction phase services to replace the metal roof on the rotunda area of the Water Treatment Plant. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. AGENDA EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, SEPTEMBER 15, 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 SEPTEMBER 1, 2009 III. ADOPT RESOLUTION AUTHORIZING DEFEASANCE AND REDEMPTION OF OUTSTANDING BONDS IV. ADJOURNMENT ITEM NO.: HRA II. UNAPPROVED MINUTES 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, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Finance Director Sue Kotchevar and Recorder Jan Curielli I. ROLL CALL /CALL THE MEETING TO ORDER Chair Young called the meeting to order at 7:00 PM in shared session with the Council meeting. All members were present. II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. APPROVE MINUTES OF THE HRA MEETING HELD JANUARY 20, 2009 MOTION: Duckstad moved, seconded by Case, to approve the minutes of the HRA meeting held on January 20, 2009 as published. Motion carried 5-0. V. ADOPT RESOLUTION HRA NO. 2009-02 TO APPROVE THE PROPOSED 2010 HRA PROPERTY TAX LEVY TO BE $200,000 AND ACCEPT THE PROPOSED 2010 HRA BUDGET OF $200,000 Neal said in Eden Prairie the City Council serves as the HRA. 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. Duckstad asked what the existing balance is in this fund and whether there is a need for the $200,000 levy proposed in light of the current economy. Neal said in some cities the HRA levies a tax and generates the money which is put into a revolving fund used for redevelopment and housing-related projects, however Eden Prairie does not use it in that way. He said we began the $200,000 levy at a time when the City was up against its levy limit and needed some additional funding for housing projects and economic development plans. Essentially, Eden Prairie uses the funds to pay for the staff that provide the services, so there is no balance in the fund from year to year. HRA MINUTES September 1,2009 Page 2 Duckstad asked if the $200,000 is sufficient and how much is in the fund today. Neal said $200,000 is sufficient because staff have not proposed an increase or a decrease in the programs. Case asked what is not getting funded that might be funded if we were to increase the amount. Neal said that is a difficult question to answer at this time because we have not considered nor proposed an increase in this area. Case asked how else this money could be used. Neal said if we were to double or triple this levy we could do other sorts of economic development, redevelopment in the Major Center Area, or low income housing programs in the City. Case asked if a loss of this funding could have a negative impact on the business community, particularly in the Major Center Area. Neal said in the sense that the money goes to support a couple of key staff people in that area it would, and not doing the levy at this level would mean a decrease in those service areas. MOTION: Nelson moved, seconded by Case, to adopt HRA Resolution No. 2009-02 to approve the proposed 2010 property tax levy to be $200,000 and accept the proposed 2010 budget of$200,000. Motion carried 5-0. V. ADJOURNMENT MOTION: Duckstad moved, seconded by Aho, to adjourn the HRA. Motion carried 5-0. Chair Young adjourned the HRA meeting at 7:11 PM. HOUSING AND REDEVELOPMENT AUTHORITY DATE: AGENDA September 15, 2009 1 DEPARTMENT/DIVISION: ITEM DESCRIPTION: HRA ITEM NO.: III. Office of the City Manager/ Resolution Authorizing Defeasance and Finance, Sue Kotchevar Redemption of Outstanding Bonds Requested Action Move to: Adopt the resolution authorizing defeasance and redemption of outstanding bonds. Synopsis The City's financial advisor has identified an opportunity to refinance bonds and realize approximately$103,000 in savings. The 2000A bonds originally issued as HRA bonds to finance Fire Station#1 on Scenic Heights Road will be redeemed. The City will issue CIP bonds at a lower interest rate to realize cost savings. Attachments Resolution Escrow Agreement CERTIFICATION OF MINUTES RELATING TO DEFEASANCE AND REDEMPTION OF OUTSTANDING BONDS Issuer: Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota Governing Body: Board of Commissioners Kind, date, time and place of meeting: An HRA meeting held on September 15, 2009, at 7 p.m. at the City offices. Members present: Chair Phil Young, HRA Members Brad Aho, Ron Case, Jon Duckstad and Kathy Nelson Members absent: Documents Attached: Minutes of said meeting (pages): RESOLUTION AUTHORIZING DEFEASANCE AND REDEMPTION OF OUTSTANDING BONDS I, the undersigned,being the duly qualified and acting recording officer of the public corporation having issued the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this_day of September, 2009. Secretary CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA HOUSING AND REDEVELOPMENT AUTHORITY H.R.A. RESOLUTION NO. 2009-03 BE IT RESOLVED by the Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota(the "Authority"), as follows: RESOLUTION AUTHORIZING DEFEASANCE AND REDEMPTION OF OUTSTANDING BONDS Section 1. The Authority has issued its Public Facility Lease Revenue Bonds, Series 2000A, dated as of November 1, 2000, in the original principal amount of$3,390,000, of which $1,900,000 in aggregate principal amount is currently outstanding (the "Refunded Bonds"). Section 2. By resolution adopted on the date hereof, the City of Eden Prairie (the "City") has approved the issuance of its General Obligation Capital Improvement Plan Refunding Bonds, Series 2009C (the"Refunding Bonds"), in an original aggregate principal amount not to exceed $1,450,000. This Board expects the proceeds of the Refunding Bonds, together with certain amounts remaining in the debt service and debt service reserve funds for the Refunded Bonds to be deposited in the Escrow Account established pursuant to an Escrow Agreement dated as of November 1, 2009, between the Authority, the City and Wells Fargo Bank,National Association, as escrow agent, to be sufficient to defease and call, as applicable, the outstanding Refunded Bonds for redemption(the"Defeasance"). The form of such Escrow Agreement is hereby approved, and the officers of the Authority are authorized to execute and deliver the Escrow Agreement as provided therein, together with such other documents and certificates as are required in connection with the Defeasance. Section 3. The Secretary of the Authority is authorized and directed to cause The Bank of New York Mellon, as successor to the trust functions of National City Bank of Minneapolis, as trustee for the Refunded Bonds, to cause the Notice of Redemption attached to the Escrow Agreement to be mailed as provided in the Escrow Agreement. Section 4. No further action shall be required of the Board to complete the prepayment of the Refunded Bonds. Adopted by the Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota, this 15th day of September, 2009. Chair Attest: Secretary ESCROW AGREEMENT THIS ESCROW AGREEMENT, made and entered into by and between the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota(the "Authority"), the City of Eden Prairie (the "City") and Wells Fargo Bank,National Association, in Minneapolis, Minnesota(the "Agent"); WITNESSETH, that the parties hereto recite and, in consideration of the mutual covenants and payments referred to and contained herein, covenant and agree as follows: 1. The Authority has duly issued and presently has outstanding the following issue: Principal Amount Maturities Original Escrowed Escrowed Date of Principal and and Redemption Title Issue Amount Redeemed Redeemed Date Public Facility Lease Revenue Bonds,Series 2000A(the "Refunded Bonds") 11/1/00 $3,390,000 $1,900,000 2009-2015 12/1/10 and the City has issued its $ General Obligation Capital Improvement Plan Refunding Bonds, Series 2009C, dated, as originally issued, as of November 1, 2009 (the "Refunding Bonds"). 2. The City has, in accordance with a resolution adopted October 6, 2009 (the "City Resolution"), simultaneously with the execution of this Agreement, transmitted Refunding Bond proceeds in the amount of$ to the Agent for application in accordance with Section 4 hereof. 3. The Authority has, in accordance with a resolution adopted September 15, 2009 (the"Authority Resolution"), simultaneously with the execution of this Agreement, transmitted funds remaining in the debt service ($ ) and debt service reserve ($ ) funds for the Refunded Bonds to the Agent for application in accordance with Section 4 hereof. 4. The Agent shall apply the funds described in Sections 2 and 3 hereof as follows: (a) $ of Refunding Bond proceeds and$ of amounts transferred from the debt service fund for the Refunding Bonds and $ of amounts transferred from the debt service reserve fund for the Refunding Bonds to purchase an equivalent principal amount of federal securities as identified in Exhibit A attached hereto; (b) $ of[Refunding Bond proceeds] [funds transferred from the debt service fund for the Refunding Bonds] [funds transferred from the debt service reserve fund for the Refunding Bonds] to be deposited as a beginning cash balance in the Escrow Account hereinafter established; (c) $ of Refunding Bond proceeds to pay bond issuance expenses; and (d) $ of Refunding Bond proceeds to be deposited in the Sinking Fund created by the Resolution. In the opinion of , certified public accountants, the federal securities designated in paragraph (a) mature at such times and bear interest at such rates that the collections of principal and interest thereon, together with the initial cash balance designated in paragraph(b), will be sufficient to pay the principal of and interest on the Refunded Bonds as such becomes due to and including the Redemption Date specified above, in accordance with the attached Exhibit B. All such expenditures (notwithstanding anything to the contrary contained in this Agreement or the resolution with respect to the Refunding Bonds) are subject to the requirement of Section 1.148-9(c) of the Regulations, such that funds transferred from the debt service fund for the Refunded Bonds are allocated to the earliest maturing investments in the escrow and funds transferred from the debt service reserve fund for the Refunded Bonds are drawn ratably with Refunding Bond proceeds. 5. The Agent agrees to apply the funds received from the Authority and City in the manner and for the purposes set forth in Section 4 hereof and this Section. The Agent acknowledges receipt of the cash and federal securities described in Section 4 and agrees that it will hold such cash and federal securities in a special escrow account (the "Escrow Account") in the name of the Authority, and will collect and receive on behalf of the Authority all payments of principal and interest on such securities and will remit from the Escrow Account to The Bank of New York Mellon, paying agent for the Refunded Bonds, moneys sufficient for the payment of principal of, redemption price and interest thereon as shown in Exhibit B. The Agent will, not less than 60 days prior to the Redemption Date, cause the Notice of Redemption relating to the Refunded Bonds attached hereto as Exhibit C to be mailed to the Paying Agent for the Refunded Bonds with directions to the Paying Agent to mail the Notice of Redemption not less than 45 days prior to the Redemption Date to the holders of all Refunded Bonds to be redeemed on the Redemption Date. 6. In order to ensure continuing compliance with the Internal Revenue Code of 1986, as amended(the "Code"), and present Treasury Regulations promulgated thereunder(the "Regulations"), the Agent agrees that it will not reinvest any cash received in payment of the principal of and interest on the federal securities held in the Escrow Account. Said prohibition on reinvestment shall continue unless and until an opinion is received from nationally recognized bond counsel that reinvestments in general obligations of the United States or obligations the principal of and interest on which are guaranteed as to payment by the United States, as specified in said opinion, may be made in a manner consistent with the Code and then existing Regulations. The federal securities described in Exhibit A hereto may, at the written direction of the Authority, be replaced, in whole or in part, with general obligations of the United States or obligations the principal of and interest on which are guaranteed as to payment by the United States and which mature as to principal and interest in such amounts and at such times as will assure the availability of sufficient moneys to make payment when due of the principal of and interest on the Refunded Bonds to and including the Redemption Date, and will be sufficient to pay the principal amount of the Refunded Bonds called for redemption on the Redemption Date; provided, however, that concurrently with such written direction, the Authority shall provide the Agent with(a) a certification of an independent certified public accountant as to the sufficiency of the federal securities to be subject to this Agreement following such replacement and as to the yields thereof, setting forth in reasonable detail the calculations underlying such certification, (b) an unqualified opinion of nationally recognized bond counsel to the effect that such replacement (1)will not cause the Refunded Bonds or the Refunding Bonds to be subjected to treatment as "arbitrage bonds"under Section 148 of the Code and(2) is otherwise in compliance with this Agreement. Any replacement authorized by this paragraph 6 shall be accomplished by sale, transfer, request for redemption or other disposition of all or a portion of the federal securities described in Exhibit A hereto with the proceeds thereof being applied to the purchase of substitute federal securities, all as specified in the written direction of the Authority. 7. The Agent acknowledges that arrangements satisfactory to it for payment of its compensation for all services to be performed by it as Agent under this Agreement have been made. The Agent expressly waives any lien upon or claim against the moneys and investments in the Escrow Account. 8. If at any time it shall appear to the Agent that the money in the Escrow Account will not be sufficient to make any payment due to the registered owners of any of the Refunded Bonds, the Agent shall immediately notify the Authority and the City. Upon receipt of such notice the Authority or the City shall forthwith transmit to the Agent for deposit in the Escrow Account from moneys on hand and legally available therefor, such additional moneys as may be required to make any such payment. 9. Within 60 days following the close of each fiscal year and close of the Escrow Account, the Agent shall submit to the Authority and the City a report covering all money it shall have received and all payments it shall have made or caused to be made hereunder during the preceding fiscal year or portion thereof. 10. It is recognized that title to the federal securities and money held in the Escrow Account from time to time shall remain vested in the Authority but subject always to the prior charge and lien thereon of this Agreement and the use thereof required to be made by the provisions of this Agreement. The Agent shall hold all such money and obligations in a special trust fund and account separate and wholly segregated from all other funds and securities of the Agent or deposited therein. It is understood and agreed that the responsibility of the Agent under this Agreement is limited to the safekeeping and segregation of the moneys and securities deposited with it in the Escrow Account, and the collection of and accounting for the principal and interest payable with respect thereto. 11. This Agreement is made by the parties hereto for the benefit of the holders of the Refunded Bonds under and pursuant to Minnesota Statutes, Section 475.67, and is not revocable by the Authority or the City, and the investments and other funds deposited in the Escrow Account and all income therefrom have been irrevocably appropriated for the payment of principal of and interest on the Refunded Bonds prior to and including the Redemption Date and the payment and redemption of the Refunded Bonds on said date, in accordance with this Agreement. This Agreement may not be amended except to (i) sever any clause herein deemed to be illegal, (ii)provide for the reinvestment of funds or the substitution of securities as permitted by Section 6 hereof or(iii) cure any ambiguity or correct or supplement any provision herein which may be inconsistent with any other provision,provided that the Agent shall determine that any such amendment shall not adversely affect the owners of the Refunded Bonds. In the event an amendment to this Agreement is proposed to be made pursuant to this Section 11, prior notice shall be given by first class mail, postage prepaid, to the following organization at the following address (or such other address as may be provided by the addressee) and shall be deemed effective upon receipt: Moody's Municipal Rating Desk/Refunded Bonds, 99 Church Street,New York,New York 10007. 12. This Agreement shall be binding upon and shall inure to the benefit of the Authority, the City and the Agent and their respective successors and assigns. In addition, this Agreement shall constitute a third party beneficiary contract for the benefit of the holders of the Refunding Bonds and Refunded Bonds, as their interests may appear. Said third party beneficiaries shall be entitled to enforce performance and observance by the Authority, the City and the Agent of the respective agreements and covenants herein contained as fully and completely as if said third party beneficiaries were parties hereto. 13. Upon merger or consolidation of the Agent, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Agent. Upon the resignation of the Agent, which shall be communicated in writing to the Authority and the City, or in the event the Agent becomes incapable of acting hereunder, the Authority reserves the power to appoint a successor Agent. No resignation shall become effective until the appointment of a successor Agent by the Authority. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be duly executed by their duly authorized officers, on November_, 2009. HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA By Its Chair And Its Secretary CITY OF EDEN PRAIRIE, MINNESOTA By Its And Its WELLS FARGO BANK,NATIONAL ASSOCIATION, Agent By Its EXHIBIT A EXHIBIT B NOTICE OF REDEMPTION EXHIBIT C $3,390,000 Public Facility Lease Revenue Bonds,Series 2000A Dated November 1,2000 Housing and Redevelopment Authority in and for the City of Eden Prairie,Minnesota Notice is hereby given that all Bonds of the above issue which mature on December 1 in the following years and amounts: Year Amount Interest Rate CUSIP Number* 2011 $255,000 5.00% 2012 270,000 5.00 2013 280,000 5.00 2014 300,000 5.00 2015 315,000 5.00 are called for redemption and prepayment on December 1,2010. The Bonds will be redeemed at a price of 100%of their principal amount plus accrued interest to the date of redemption. Holders of such Bonds should present them for payment on or before said date,on which date they will cease to bear interest. A form W-9,Payer's Request for Taxpayer Identification Number,must be completed and returned with the called bond or 31%of the bond redemption proceeds will be withheld. Payment of bonds to be redeemed will be made on and after said date,by submitting said bond along with the completed form W-9 to The Bank of New York Mellon at the following address: BY MAIL: BY HAND DELIVERY OR OVERNIGHT SERVICE: DEBT PROCESSING GROUP DEBT PROCESSING GROUP THE BANK OF NEW YORK THE BANK OF NEW YORK PO BOX 396 111 SANDERS CREEK PARKWAY EAST SYRACUSE,NY 13057 EAST SYRACUSE,NY 13057 If you request payment of principal and/or interest via wire transfer,please be advised there is a wire transfer fee which will be deducted from your payment. Additional information may be obtained from the undersigned or from Northland Securities,Inc.,45 South Seventh Street,Minneapolis,Minnesota(612-851-5900),financial consultants to the Housing and Redevelopment Authority in and for the City of Eden Prairie,Minnesota. Dated: , 2010. BY ORDER OF THE BOARD OF COMMISSIONERS HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE,MINNESOTA , Secretary *The Registrar shall not be responsible for the selection or use of the CUSIP numbers,nor is any representation made as to their correctness indicated in this Notice of Redemption or on any Bond. They are included solely for convenience of the Holders. Denotes full call of CUSIP. ITEM NO.: VIA. UNAPPROVED MINUTES 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 Presentation City Manager Scott Neal said this Workshop is the City Council's opportunity to begin providing input on the draft 2010/2011 budget prepared by staff and presented to City Council members and the Budget Advisory Commission's (BAC) in July and August. Neal said the BAC met with the City Council in August to provide their feedback on the proposed budget. Neal reviewed reductions made to the approved 2009 budget in response to decreased development revenues. The reductions totaled about 2.6 percent of the budget. Neal said the fiscal goal for 2010 and 2011 is to maintain flat spending and taxing. The draft budget proposes maintaining or enhancing services levels in the areas of public health, public safety and infrastructure maintenance. Other service levels will be preserved using the same or less resources than 2009. The proposed 2010 and 2011 general fund budget is as follows: General Fund Proposed 2010 Proposed 2011 Revenue 35,956,229 36,256,566 Expense 37,412,427 38,178,323 Subtotal (1,456,198) (1,921,757) Transfer in from BSF 1,456,198 1,921,757 TOTAL 0 0 BSF Balance $3,013,837 $1,092,080 The proposed 2010 budget includes an increase of$873,261 for the Fire Department. $120,000 of the proposed increase is for discretionary new staffing (duty crew). A mandatory$1,421,386 City contribution is required to fully fund the firefighter pension fund. This is $674,386 more than the 2009 budget. Neal said there are several options available to fund the pension: • Levy for it, and add to proposed spending levels • Levy for it, and reduce proposed spending levels • Pay for it from reserves (BSF, EDF) • Force Hennepin County to levy for it(not recommended by staff) Neal reviewed the likely tax impact of a zero levy, assuming an average decrease of 3.85 in residential values. 64% of homeowners would see values decrease and taxes decrease 14% of homeowners would see values decrease and taxes remain the same 18% of homeowners would see values decrease and taxes increase 5% of homeowners would see values remain the same and taxes increase Neal also distributed handout of tax rate projections based on the proposed budget plus $688,000 for fire pension funding. On average, commercial/industrial property is projected to see a value decrease of about 2.1%. A commercial/industrial property valued at $5,000,000 would see a City tax increase of 4.49%. Apartment properties will see an average projected decrease in value of around 4.9%. An apartment property valued at $5,000,000 would see an increase in City tax of 1.51%. Neal said the City Council will be asked to set a preliminary levy at their Council meeting this evening. On November 17, the City Council and BAC will hold another joint workshop to discuss the budget. On December 15, the City Council will approve a final budget. Discussion Case asked about whether or not a street light franchise fee could be implemented this year, assuming it were to be approved by the City Council. Neal said implementation would likely not take place until the middle of next year. Case said he thinks the City Council is the appropriate body to discuss the franchise, rather than the BAC. Case also said he views the Budget Stabilization Fund(BSF) as something to be used only in"the valleys,"not on an ongoing basis. Mayor Young said he cannot think of a better time than now to use the BSF. He said he agrees that the franchise discussion is ultimately one for the Council. Young said long term the City must find a way to reconcile expenses and revenues. Case said he is concerned that the proposed budget relies heavily on use of savings. Case said he is not hearing any information on where the City will be financially in two years. Nelson said she believes the funds for the Fire Pension should come out of savings; however, she is concerned that the balance of the BSF will be a quarter of what it is today. She does feel we have to use BSF this year. Nelson said we need to look at increasing efficiencies while keeping up service levels. Aho said that now is the right time to use BSF, but he wants to make sure to keep some in reserve for future needs. He said there may need to be some reductions in budgets. Case said it is unrealistic to expect to keep service levels the same and taxes the same. He said the City will "hit a wall" in 2012 and could have to cut the equivalent of 40 additional positions. He said a similar situation occurred in Eden Prairie between 1990 and 1994 when expenses were rising but revenues were not going up. He said the Council was forced to raise taxes in 1995. He said the Council cannot meet its goals solely through budget cuts and use of savings. Young said if Case thinks taxes should be increased, he should say so. Case said he is not saying taxes should be raised. He said the street light franchise is a possible source of revenue. Nelson said she believes taxes need to stay as flat as possible for 2010. Case said that there is an expectation in government jobs that "steps increases" are similar to a contract and that are guaranteed, even during a wage freeze. Aho said that looking across all markets, he disagrees that there is an expectation of step increases in this economy. Neal said the City's union contract will expire at the end of 2009. Some union employees in other cities will receive negotiated raises in 2010. He said he thinks City of Eden Prairie employees understand the need to forego raises in 2010. Nelson said she can see the logic of Case's step increase argument,but does not think the City can afford the extra money. Young said he cannot support step increases under the present circumstances. Council Chamber II. OPEN PODIUM III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES 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, Ron Case, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Jay Lotthammer, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:11 PM after the HRA meeting was adjourned. All Council Members were present. II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Case moved, seconded by Duckstad, to approve the agenda as published. Motion carried 5-0. III. PROCLAMATIONS/PRESENTATIONS IV. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,AUGUST 18, 2009 MOTION: Duckstad moved, seconded by Aho, to approve the minutes of the City Council Workshop held Tuesday, August 18, 2009, as published. Motion carried 5- 0. B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 18, 2009 MOTION: Case moved, seconded by Nelson, to approve the minutes of the City Council Meeting held Tuesday, August 18, 2009, as published. Motion carried 5- 0. V. REPORTS OF ADVISORY BOARDS & COMMISSIONS VI. 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 CITY COUNCIL MINUTES September 1,2009 Page 2 D. ADOPT RESOLUTION 2009-54 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 Duckstad asked if there is a basis to delay the two projects for Items F and G given the state of the economy. Neal said he believes it is important to proceed with those two projects. He noted we have discussed the possibility of not going forward with some projects, and there are over $1,000,000 of capital projects we have postponed until 2011 and 1012. He said Item F is the remodeling of the old PROP space to consolidate the IT staff and operations into one area. Item G is a $68,000 contract to reconstruct some of the worst quality trail sections in the City which fits well under our duty to maintain the public assets. MOTION: Duckstad moved, seconded by Aho, to approve Items A-H on the Consent Calendar. Motion carried 5-0. VII. PUBLIC HEARINGS/MEETINGS VIII. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Duckstad, to approve the Payment of Claims as submitted. Neal noted there were no Payment of Claims included in the agenda for the August 18 meeting so there is a double version on tonight's agenda. VOTE ON THE MOTION: Motion was approved on a roll call vote, with Aho, Case, Duckstad,Nelson and Young voting "aye." IX. ORDINANCES AND RESOLUTIONS A. RESOLUTION NO. 2009-55 IDENTIFYING NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUNDING Neal said staff requests authorization to submit an application to the Livable Communities Demonstration Account (LCDA) on behalf of Presbyterian Homes for $838,300.00. The money would be used to help pay for street improvements to CITY COUNCIL MINUTES September 1,2009 Page 3 Castlemoor Drive, a storm water pond, and a rainwater garden. The LCDA 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 approximately $4,000,000.00 in the account. Duckstad asked if this award grant comes with any strings attached. Jeremiah said there are certain requirements of the Met Council with regard to meeting certain affordable housing requirements. She said we have already accepted those terms in general which makes us eligible to apply for these grants. There would be no additional requirements except that the project needs to be started within two years of the grant. MOTION: Case moved, seconded by Nelson, to adopt Resolution No. 2009-55 identifying a need for Livable Communities Demonstration Account funding and authorizing an application for grant funds. Motion carried 5-0. X. PETITIONS, REQUESTS AND COMMUNICATIONS XI. APPOINTMENTS XII. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORTS OF CITY MANAGER 1. Prairie View Liquor Store Lease Neal said when the Council met to discuss this on August 18, staff presented two options: to stay in the current location with about 4200 square feet; or to move to a new location with about 9500 square feet in the same mall. The Council expressed some concern about the magnitude of going from 4200 square feet to 9500 square feet. There was also some concern about the competitiveness of the proposed rents, the certainty of our revenue forecasts and how much the City would pay for the improvements to the new space. Neal said the Council asked staff to consider a smaller footprint in the proposed Snyder's location, to get a renegotiated proposal for the lease extension to stay in the current location, to get some information on rental rates and to see a set of clear forecasted financials for each option. He noted he advised the Council that staff would be working on the information requested until the last minute. He said the information is in front of the Council tonight, with some of it in the form of an analysis by Jim McComb of the McComb Group that details seven options. We have five new CITY COUNCIL MINUTES September 1,2009 Page 4 proposals to consider in addition to the two from the last meeting. He said the information also has a summary of Mr. McComb's services and qualifications. He also distributed a set of real estate comparables that the Colliers firm put together and the three store layout plans with the square footage for each one. Neal said he wanted to acknowledge Council Member Aho's wise counsel on this matter. Council Member Aho worked with staff and produced a spreadsheet showing some number comparisons of the current lease and four of the other options. He asked Council Member Aho to give a description of what he put together. Aho said in the spreadsheet he tried to analyze the vast amount of good data we had and to boil it down somewhat. He said the first column is the current lease followed by all of the ten year lease options in order of size. He put the projected operating income numbers for each of the scenarios below it. Duckstad noted the spreadsheet Council Member Aho provided shows the numbers for the options for ten year leases. He said in the material the City Manager provided there was another option for a five-year lease at the existing location. He asked if the rate for that would change from the $21.50 rate. Aho said he thought it was at a higher rate, and in his spreadsheet he was trying to look at the lowest rates in order to simplify the material and make it easier to compare the rates. Duckstad asked if a five year lease was possible for the existing store at the same rate. Neal said Table 8 in the larger set of information has a summary of the seven proposals. There are two proposals that envision staying in the current space, one for five years and the other for ten years, and both are at $21.50 per square foot. Case thanked Council Member Aho for preparing the spreadsheet. He said he believes we should move to the Snyder's store and that we should go with the 9500 square feet; however, he would be willing to move down to the 8000 square foot store if necessary. He noted Council Member Aho at some point made the comment that the rent amount is an actual number but the income is projected. He said if you look at comparing the 8000 spare feet to the 9500 square feet, the rent over ten years is about $77,000 higher but the projected income is quite a bit more, so even if only 27% of the projected earnings come through we would break even. He thought it is a good guess that we would be better off with the 9500 square feet. Aho said he realized staff spent a lot of time looking at this prior to the time it came to the Council. He has done a lot of talking to people in the industry, and what he has heard is that wine sales are the way to go in this current market. He thought increasing the size of the store and also changing the nature of the layout to improve the overall look and feel will result in an increase in sales. He said Mr. McComb has done a lot of work to come up with these projections, but it is hard to say if they will bear out CITY COUNCIL MINUTES September 1,2009 Page 5 in the current economy. We need to look at the situation as a whole to see what makes sense. He said he concluded the 8000 square foot space is pretty much the same size as one of our other existing stores. It has the right feel in terms of sizing, and if you look at the total amount of rent, the rent is the lowest of all the scenarios. He said if this were his business he would look at it and say for a small additional amount of rent per year, we will make more in increased sales. He did not think we are here to discuss whether the City should be involved in the liquor stores. He thought the current store does need some improvements, and he thought it really makes good fiscal sense to go to the 8000 square foot store. Duckstad thought we have to look at this in terms of all the facts that apply to this issue. It was his understanding that if we made the change from the existing store to a larger space, we would be spending about $300,000 or more to retrofit the building. We have already increased the size of our other two stores. He agreed it probably would generate more wine sales if we enlarge this store; however, he was not sure if wouldn't just take sales away from the other two stores. He was not persuaded the change is in the best interest of taxpayers in the long run. Nelson said she concurred with Council Member Aho that it is only a small amount of increase in rent and it is a definite increase in sales. She has said all along that we need to do something about the current store. She thought this has turned out to be a good proposal, and she could support the 8000 square foot store. Neal said he saw the same thing as Council Member Case did, that the comparison of staying in the existing store for ten years or moving to a larger store shows by moving our rent expense actually goes down and our revenue goes up. Regarding Council Members Duckstad's question about whether we take sales away from the other stores, he said we asked Mr. McComb to look at that. Mr. McComb believes this is a business that has a great capacity to grow, and the trajectory in the liquor business is going up. It does have risk associated with it and if there is concern about that risk, the 8000 square foot store can perform at a high level. Duckstad asked how many additional employees would be hired to maintain the store in the event the City increases the size of the existing store to 9500 square feet. Kotchevar said the budget for staff at the liquor stores is projected at 8-10% of sales, and we would not immediately increase staffing. Duckstad asked if we added any additional employees at the first two stores when they were enlarged. Neal said our staffing models for liquor stores is such that we have a relatively few number of fulltime employees and a large number of part time employees. Young said he thought the City Council ultimately will make an imperfect decision because there are imperfect choices before us. The projections for revenue are just projections. The history of our three stores is that sales tend CITY COUNCIL MINUTES September 1,2009 Page 6 to increase, but the sales at the Den Road store did not increase by a materially greater amount than in the past. He still has not received an explanation of why the wine sales would be different at this store. He said he originally pulled this material from the Consent Calendar because he was struck by the proposed lease terms in the current space and he got the sense that we were getting pushed out of the existing store. We negotiated a lease for $16.50 a year ago, and now in a worse economy we renew at $21.50, and he couldn't ignore that. The only definite we have if we move is an improvement fee of$390,000, and he didn't think that figure was capped. He said he has not heard anything materially different tonight so he did not think the case has been made. He said part of the function of this is timing, and he thought we should have had this discussion four months ago. He didn't think we necessarily have to be located close to a grocery store and he was not sure we couldn't just close the store. MOTION: Case moved, seconded by Nelson, to authorize the Mayor and City Manager to execute final lease documents for Option 6 for 8000 square feet of space for a ten year lease. Motion carried 3-2-0 with Duckstad and Young opposed. 2. Baker Associates Agreement Neal said the contract with Baker Associates is somewhat impacted by the actual square footage of the store, so staff would ask that this item be delayed. Staff will bring back the agreement to the September 15 City Council meeting. 3. Resolution No. 2009-56 Certifying Proposed 2010 Property Tax Levy, Accepting Proposed 2010 Budget, Setting Public Hearing Date & Consenting and Approving the HRA Tax Levy Neal said 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). The 2009 statute was changed which eliminates the mandated truth-in-taxation hearing 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. Earlier tonight in the Consent Calendar we changed our meeting from November 30 to December 1. The Council must adopt the final tax levy and budget by December 15. He said Minnesota law authorizes the HRA to levy a tax with the consent of the City Council and this resolution also gives the consent for the HRA levy. CITY COUNCIL MINUTES September 1,2009 Page 7 Duckstad said in order to clarify, this is not a final levy but it caps the maximum the levy could be, with a later final determination of what the levy will be. Neal said that is true and this is the maximum levy for 2010. We can make the number lower but we can't make it any higher. Neal noted the only items in the staff proposal for the 2010 budget over and above the 2009 budget are a duty crew initiative for the Fire Department and a mandatory funding for the Fire Pension Relief system. He said most items are actually below what was spent this year. MOTION: Aho moved, seconded by Nelson to adopt Resolution No. 2009-56 that certifies the proposed 2010 property tax levy to be $32,751,059; and sets December 1, 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. Case said he planned to vote against this because he thought this levy limit produces a budget that results in a projected $2,000,000 gap between revenue and expenditures by 2012 and that would require a 6% tax increase for 2013 just to stay even. He thought our residents deserve a more honest budget that says we can't just use savings to work our way through this crisis. Young thought that is a fair comment, and he thought the Council is going to be engaged in work that has implications for the upcoming year's budget and beyond that time. He thought our long term objective needs to be to not put the City in the position where future City Councils need to put in a tax increase. Duckstad said he did not think the levy is going to be this amount at all. We will have an opportunity to discuss the full implication of our levy and our line item budget, so he thought the taxpayers will have an opportunity to see what we are going to do and fully discuss this budget. Nelson said she thought a zero increase or close to that is where we have to go for this coming year, given the economy and the fact this is simply the 2010 budget. Aho said this is only a maximum cap so he thought we have the opportunity to look at ways to decrease this. He thought there is no reason to not support it unless you want to go above this amount. VOTE ON THE MOTION: Motion carried 4-1-0,with Case opposed. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR CITY COUNCIL MINUTES September 1,2009 Page 8 1. Outlot Management Lotthammer said the Council asked staff to review our approach and treatment of outlots in the City. He showed examples of some outlots and noted most of the time the land is in a natural state when we receive it. From a maintenance standpoint, most times we have left it alone in the natural state. Land not accepted as park land is generally treated as an outlot. He showed a map of the outlot that prompted this discussion. He noted it was evident from the map why it is not developable, and that is generally how we come to be owners of this type of land. Per direction from previous City Councils, as part of our park philosophy we have taken the approach that the line is the line. We have given notification if there is something on the City property that will have to be moved off Almost all of these outlots are in a natural area and we haven't gone in and mowed them. We will remove diseased trees or treat noxious weeds, but in most cases it isn't a billable situation. Case said he has never advocated in the slightest for getting rid of any City park or City-owned lands. He asked if there are possibly some outlots that we have inherited by default from an association that fell apart in which we have no interest and that may, under the original deed arrangements, be available for us to divest ourselves of He thought if we could develop some kind of a process whereby a neighborhood could come to the City and petition to buy an outlot, that would put the property back on the tax rolls. He thought there are probably many such outlots out there, and he was wondering if there isn't the need for some mechanism to help residents with the process. Lotthammer said he would probably defer part of this question to City Attorney Rosow, but there are a couple of cases where we have received some remnant property due to tax forfeiture. Those are usually quite small or not buildable. There was an association that did go defunct that had six or seven homes surrounding the outlot. If those six or seven neighbors were to band together, the difficulty would be the type of agreement we would need to ensure that going forward all six or seven of them would continue the maintenance. Case said he was suggesting the possibility we actually sell the land to them. He was looking for a win/win situation to get some cost savings for us, get some liability away from the City, and also get additional tax revenue. Young commented he thought the only certainty in that regard would be a lot more work for Mr. Rosow. Case said he was suggesting it would only be under the situation where a particular group of residents and neighbors come to us and we might have a process where they could do the legal due diligence. CITY COUNCIL MINUTES September 1,2009 Page 9 Lotthammer didn't think such a scenario is that far off because about three years ago a group of residents came to the Council and asked to purchase land between their homes and a trail. We had asked them to stop mowing up to the trail. Young said he also recalled a group that came before us and wanted to make a lakeshore property. He thought we probably could never put together a policy that would capture what we want to capture, and he didn't know where to stop such a discussion once we start it. Case said he would like to have Park and Recreation go over what has been done historically on outlots. We may find there may be clear delineation on certain types of outlots and it may be an easier task to develop a type of process whereby neighbors can bring forth their concerns. He thought it is important that the good of all gets protected, and it might benefit the good of all of us if we were to divest ourselves of some property we don't get benefit from. He thought it was worth pursuing the discussion. Neal said we have entertained proposals in the past, so he thought there is the opportunity for folks to approach us and talk about a particular situation. The details of the individual outlot will control what options are available to the Council. He didn't think an overt public information campaign is necessary, but we do get these requests occasionally and if there is some discretion at the Council level, staff would refer it to the City Council. Young said he would never discourage a group of residents that have a concern or interest in a particular property from coming before the Council. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF 1. Homeland Security Grant Police Chief Reynolds said the City of Eden Prairie has been awarded a 2008 Homeland Security Grant for the amount of$86,700, and he was here to ask the Council to accept the grant. The grant will be used to fund a part- time contracted employee with MN Joint Analysis Center (MNJAC). He said this is the fourth time we have brought this before the City Council and with this grant we should be able to fund the position through the first quarter of 2011. At that time we would hope to have another grant available to continue funding. Duckstad asked how long the grant would provide payment for the position. Chief Reynolds said it will take us through March of 2011. Duckstad asked if, in the event there isn't a further grant available, there is a possibility the part time employee would continue to be funded with the City. Chief Reynolds said the position is dependent on grant funding so the position would go away if there was no grant money. CITY COUNCIL MINUTES September 1,2009 Page 10 Aho asked for a brief synopsis of the duties for this position. Reynolds said the job is to gather and analyze data that comes to the MNJAC regional fusion center. The team takes a look at the information and determines where the information has to go. The function of the MNJAC is to collect, de-conflict and feed back out the information they get. It is part of the Homeland Security plan to set up Joint Analysis Centers in the different regions. Neal said it is important to know that Chief Reynolds has been a leader in assisting the MNJAC with this intelligence gathering initiative. We are more able to act quickly if we have this employee under our employment umbrella. We are in the front lines in terms of knowing intelligence that is valuable in the public safety of the community. Nelson thanked Chief Reynolds for continuing to go after these grants because it keeps the City safer. MOTION: Nelson moved, seconded by Aho, to accept the 2008 Homeland Security Grant for the amount of$86,700.Motion carried 5-0. G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XIII. OTHER BUSINESS XIV. ADJOURNMENT MOTION: Duckstad moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Young adjourned the meeting at 8:15 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 15, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Police Department Resolution Declaring "Abandoned Property" Lieutenant James Morrow Requested Action Move to: Adopt resolution declaring property as "abandoned property." Synopsis The Eden Prairie Police Department has accumulated a quantity of bicycles, stereo/electronic equipment, and miscellaneous items that remain unclaimed. City Code 2.86 Subd. 2, Disposal of Unclaimed Property, requires adoption of a resolution by City Council to declare unclaimed property that has been in the possession of the City for over 90 days as "abandoned property." Background Information In the course of municipal operations, the Eden Prairie Police Department's Evidence/Property Room has several items that have lawfully come into its possession that remain unclaimed by the owners and have been in its possession for at least 90 days. In accordance with City Code Section 2.86 Subdivision 2 C., the Police Department would like to dispose of this property by sale to the highest bidder at a public auction through the City of Eden Prairie. In addition, in accordance with City Code 2.86 Subdivision C, the Police Department would like to convert certain items for City use. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2009- DECLARATION OF ABANDONED PROPERTY WHEREAS, City Code 2.86 Subd. 2 requires adoption of a resolution by City Council to declare unclaimed property such as bicycles, stereo/electronic equipment, and miscellaneous items as "abandoned property;" and WHEREAS, the property has lawfully come into the possession of the City in the course of municipal operations; and WHEREAS,the property remains unclaimed by the owners; and WHEREAS,the property has been in the possession of the City for over 90 days. NOW THEREFORE, BE IT RESOLVED that the City of Eden Prairie declares the unclaimed property as "abandoned property." ADOPTED by the City Council on September 15, 2009. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk ------------ �roiicE,, Exhibit A EDEN Abandoned Property for Auction PRAIRIE y Category Case Number Description Bicycle (B) 2009017677 Next 2G Shocker Green/Silver Mtn Bicycle, Adult Bicycle (B) 2009019451 Pg 01 -#03- Haro Function F3 Boys Trick Bicycle, Black in Color Bicycle (B) 2009019451 Pg 01 -#01 - Magna Great Divide, Adult, Black/Red in Color Bicycle (B) 2009019451 Pg 01 -#02- Magna Silver Canyon, Red in Color Bicycle (B) 2009020323 Roadmaster Mt Fury, Blue/w/Purple Bicycle (B) 2009020466 Pg 01 -#01 - Firenze Street/ Racing Bicycle, Adult Bicycle (B) 2009020466 Pg 02-#01 - Magna Torrid Boys Bicycle, Yel/Gry/Red, 86 Bicycle (B) 2009022780 Schwinn Ranger Girls Blue/ Black/White Bicycle Bicycle (B) 2009024933 Dyno Wild Flower Pink Girls Bicycle Bicycle (B) 2009025722 Mongoose Spark Black/Silver Red/White Bicycle "Princey" on Tape Bicycle (B) 2009025877 Fuji Sports 12 Blue Mens Bicycle Bicycle (B) 2009026761 Trek Jet Black/Yellow Small Boys Bicycle, 20" Bicycle (B) 2009026977 Huffy"Sea Star" Purple/Pink Girls Bicycle, Small #of Items 13 Camera (C) 2007052291 Pg 02-#01 - Sony Cybershot 8.1 Mega Pixel Digital Camera #of Items 1 Clothing (D) 2005029972 #2 - Blue Shirt Clothing (D) 2005036579 #10 -Wal-Mart Bag w/Undershirts Shoes (D) 2009013567 Pg 01 -#02-White Shoes, 10.5 Size, Dexter Slide-Rite #of Items 3 Knife (H) 2007047448 Pg 01 -#01 - Butcher Block w/11 Knives #of Items 1 Watch (J) 2003011598 Pg 4 - Item#9- Silver& Gold Ladies Watch #of Items 1 Computer, Software (0) 2005036579 #7 - Norton AnitVirus 2005 Software Printer(0) 2006044017 Pg 3 -#07 - Photo Printer w/ Blk/Gry Icon Case #of Items 2 Suit Case (P) 2005036579 #13 - Dockers Small Green Suit Case on Wheels #of Items 1 Radio (R) 2005036579 Pg 01 - F -XM Satellite Radio in Box Play Station (R) 2006044017 Pg 3 -#11 -Sony PSP & Black Case Play Station (R) 2006044017 Pg 3 -#12 -Sony PSP Play Station (R) 2006044017 Pg 3 -#13 -Sony PSP in Box Play Station (R) 2006044017 Pg 3 -#14 -Sony PSP Play Station (R) 2006044017 Pg 3 -#15 - Sony PSP in Box Play Station (R) 2006044017 Pg 3 -#16 -Sony PSP in Box Play Station (R) 2006044017 Pg 2 -#04 - (4) Sony PSP's MP3 Player(R) 2006044017 Pg 2 -#05 - MP3 Player, iPods,remote kit, cable, zune box Cassette Recorder 2009999999 VOX CTR-121 Cassette Recorder w/Cord Cassette Recorder 2009999999 Radio Shack Cassette Recorder w/Cord Report Date: 9/4/2009 1 ------------ �roiicE,, Exhibit A EDEN Abandoned Property for Auction PRAIRIE y Category Case Number Description Cassette Recorder 2009999999 Radio Shack Cassette Recorder w/Cord Cassette Recorder 2009999999 Radio Shack CTR-73 Cassette Recorder w/Cord Cassette Recorder 2009999999 Radio Shack CTR-73 Cassette Recorder w/Cord Video Equipment 2009999999 Louroe Electronics AVS-4A Four Zone Alarming Audio/Video Switcher Video Equipment 2009999999 Louroe Electronics AVS-4A Four Zone Alarming Audio/Video Switcher Video Cassette 2009999999 Panasonic AG-1300 Video Cassette Recorder w/Remote Recorder #of Items 17 Duffle Bag (S) 2009013567 Pg 01 -#03- Black"BSI" Duffle Bag Bowling Ball 2009013567 Pg 01 -#01 - Black Widow Bowling Ball, Blk/Red Bowling Ball 2009013567 Pg 01 -#01 - Roto Grip Bowling Ball, Green-Blue & Black #of Items 3 Tools-Other (X) 2006044017 Pg 3 -#03 = Shop Tools #of Items 1 Mirror 2005029972 #3 - Mirror- Handheld Style DVD (Y) 2005036579 #7 - Sin City DVD Computer, Other(0) 2005036579 #7 -World of War Computer Game Case 2006044017 Pg 2 -#01 - Numerous Cases for iPod/MP3's Charger(Y) 2007042907 Pg 01 -#14 - DeWalt Charger in Package #of Items 5 48 Report Date: 9/4/2009 2 roLic—E-\ Exhibit B P0.0'EECT AND$SAVE RNj'Abandoned Property for Conversion for City Use MINNESOTA / Category Case Number Description Conversion Purpose Camera (C) 2007052291 Pg 02-#01 a- SanDisk 2G Memory EPPD Use Stick #of Items 1 Computer, Hard drive (0) 2003011598 Pg 4 - Item#11a - (1)Western Digital EPPD Use Hard Drive Computer, Other(0) 2005036579 #18 - USB External Jump Drive EPPD Use Computer, Other(0) 2005036579 #20 Wireless Card EPPD Use Computer, Other(0) 2006044017 Pg 2 -#10 - Black Bag IT Coordinator Use Computer, Other(0) 2006044017 Pg 2 -#11 - Black Bag IT Coordinator Use #of Items 5 Cash Card/Credit Card (P) 2005036579 Misc Gift/Credit Cards (Item #5) PROP PDA(P) 2005036579 #17 - PDA, Dell EPPD Use #of Items 2 Gift Card (T) 2005036579 Misc Gift Cards (Item#22) PROP Currency- Cash/Coin (T) 2005036579 Misc Cash &Coin = $45.73 Total City of Eden Prairie #of Items 2 Tools-Other (X) 2005036579 #21 -Tool Logic Credit Card Tool EPPD Use Tools-Other (X) 2006044017 Pg 3 -#02 - Case w/Lock Pic Tools & EPPD Use Keys #of Items 2 Drugs (Y) 2004004220 #8 - Possible LSD EPPD Canine Training Drugs (Y) 2004004220 #9 -9.5g Mushrooms (suspected) EPPD Canine Training Drugs (Y) 2004004220 #10 - (23) Ecstasy Pills (suspected)- EPPD Canine Training Triangle imprinted on pills Drugs (Y) 2004004220 #11 - .5g Cocaine (suspected) EPPD Canine Training Drugs (Y) 2004004220 #12 - .25g Cocaine (suspected) EPPD Canine Training Drugs (Y) 2005000577 1 A-5.31g Cocaine (+) & Baggie EPPD Canine Training Drugs (Y) 2005000577 1 B-3.13g Cocaine (+) & Baggie EPPD Canine Training Drugs (Y) 2006000151 Pg 01 -#01 - .44g Crystal Meth EPPD Canine Training Drugs (Y) 2006000151 Pg 01 -#02A- .73g Cocaine EPPD Canine Training Drugs (Y) 2006000151 Pg 01 -#02B - 1.06g Cocaine EPPD Canine Training Drugs (Y) 2006000178 Pg 01 -#01 -2.22g Crack Cocaine EPPD Canine Training Report Date: 9/4/2009 1 roLic—E-A Exhibit B P0.O'EECT AND$SAVE RNj'Abandoned Property for Conversion for City Use MINNESOTA / Category Case Number Description Conversion Purpose Drugs (Y) 2006000178 Pg 01 -#02-5.11g Crack Cocaine EPPD Canine Training Drugs (Y) 2006000178 Pg 01A-#01 -2.6g Cocaine & EPPD Canine Training packaging Drugs (Y) 2006000178 Pg 01C- .24g Crystal Meth EPPD Canine Training Drugs (Y) 2006000178 Pg 01 D -#01 - .23g Crystal Meth EPPD Canine Training Drugs (Y) 2006000178 Pg 01 D -#02 - (4) Ecstacy Pills, Test EPPD Canine Training Kit& Packaging Drugs (Y) 2006000178 Pg 01 E -#01 - .47g Crystal Meth EPPD Canine Training Drug Paraphernalia (Y) 2006000180 Pg 01 E -#01,1 A-1 D- Baggie & EPPD Canine Training Balloons from Baggies Drugs (Y) 2006000180 Pg 01 E -#01A1,1 B1,1 C1, 1D1 = EPPD Canine Training Heroin Drugs (Y) 2006000180 Pg 01 F -#01 & 01A- Plastic Baggie & EPPD Canine Training 3.02g Cocaine Drugs (Y) 2006000180 Pg 01C -#01 &01A- 1.62g Cocaine & EPPD Canine Training Baggie Drugs (Y) 2006000180 Pg 01G -#01A- Heroin Balloon EPPD Canine Training Drug Paraphernalia (Y) 2006000180 Pg 01G -#01 - Latex Glove EPPD Canine Training Drug Paraphernalia (Y) 2006000180 Pg 01G -#02-Latex Glove EPPD Canine Training Drugs (Y) 2006000180 Pg 01 -#02A- (3) Heroin Balloons EPPD Canine Training Drug Paraphernalia (Y) 2006000180 Pg 01G -#03- Latex Glove EPPD Canine Training Drug Paraphernalia (Y) 2006000180 Pg 01 -#04- Latex Glove EPPD Canine Training Drugs (Y) 2006000180 Pg 01 -#04A- (8) Heroin Balloons EPPD Canine Training Drugs (Y) 2006000180 Pg 01H -#01 - .1 g Heroin EPPD Canine Training Drugs (Y) 2006000180 Pg 01H -#02 - .1 g Cocaine EPPD Canine Training Drugs (Y) 2006000180 Pg 011 -#01 - 1.80g Heroin - (7) EPPD Canine Training Balloons Drugs (Y) 2006000180 Pg 011 -#02 - 1.80g Heroin - (7) EPPD Canine Training Balloons Drugs (Y) 2006000180 Pg 011 -#03 - 1.80g Heroin - (7) EPPD Canine Training Balloons Drugs (Y) 2006000180 Pg 01 -#01 & 01A-2.74g Meth & EPPD Canine Training Baggie Drugs (Y) 2006000180 Pg 01A-#01 &01A-2.22g Cocaine & EPPD Canine Training Baggie Drugs (Y) 2006000180 Pg 01 B -#01 &02 -2.93g Cocaine & EPPD Use Baggies Drugs (Y) 2006000180 Pg 01 D -#01 &01A- 3.17g Cocaine & EPPD Canine Training Baggie Report Date: 9/4/2009 2 roLic—E-A Exhibit B P0.0'EECT AND$SAVE RNj'Abandoned Property for Conversion for City Use MINNESOTA / Category Case Number Description Conversion Purpose Drugs (Y) 2006000216 #1 -2.58g Meth EPPD Canine Training Drugs (Y) 2006000216 #3 -2.22g Meth EPPD Canine Training Drugs (Y) 2006000216 #6 - .10g Meth EPPD Canine Training Drugs (Y) 2006001206 #4A1 - .34g Crack Cocaine EPPD Canine Training Drugs (Y) 2006001206 4A2 - .4g Crack Cocaine EPPD Canine Training Drugs (Y) 2006001206 #5- .18g Crack Cocaine EPPD Canine Training Drugs (Y) 2006002647 Pg 01 -#01 -4.06g Opium EPPD Canine Training Drugs (Y) 2006002647 Pg 01 -#02-8.39g MJ EPPD Canine Training Drugs (Y) 2006003207 Pg 01 -#01 - 1.39g Crystal Meth EPPD Canine Training Drugs (Y) 2006003207 Pg 01 -#02- .13g Crystal Meth EPPD Canine Training Drugs (Y) 2006003207 Pg 01 -#03- .94g Marijuana EPPD Canine Training Drugs (Y) 2006003228 .11 g Crystal Meth EPPD Canine Training Drugs (Y) 2006003240 la-2.25g Crystal Meth EPPD Canine Training Drugs (Y) 2006003240 1 b-3.44g Crystal Meth EPPD Canine Training Drugs (Y) 2006003240 lc-3.48g Crystal Meth EPPD Canine Training Drugs (Y) 2006003240 2a-1.77g Crystal Meth EPPD Canine Training Drugs (Y) 2006003304 Pg 01 -#05 - "67" Ecstasy Pills EPPD Canine Training Drugs (Y) 2006003304 Pg 01 -#01 - 190.56g Marijuana EPPD Canine Training Drugs (Y) 2006003304 Pg 01 -#11 -Altoids tin w/.61g Crack EPPD Canine Training Cocaine Drugs (Y) 2006003304 Pg 01 -#12 - Mints tin w/2.65g Crack EPPD Canine Training Cocaine Drugs (Y) 2006003305 #2 -2.0g Cocaine EPPD Canine Training Drugs (Y) 2006003305 #3 - 3.34g Cocaine EPPD Canine Training Drugs (Y) 2006003305 #4 - (9) Baggies of Marijuana -Total EPPD Canine Training weight=42.05g Drugs (Y) 2006003484 #1A- 10.5g Crack Cocaine EPPD Canine Training Drugs (Y) 2006004078 Pg 01 -#01 - 1.48g Heroin EPPD Canine Training Drugs (Y) 2006004128 Pg 1 -#1A-444.7g Crystal Meth EPPD Canine Training Drugs (Y) 2006004128 Pg 1 -#1 B -446.1 g Crystal Meth EPPD Canine Training Drugs (Y) 2006004128 Pg 1 -#1C-443.6g Crystal Meth EPPD Canine Training Drug Paraphernalia (Y) 2006004128 Pg 1 -#1D-410.3g Crystal Meth EPPD Canine Training Report Date: 9/4/2009 3 roLic—E-A Exhibit B P0.O'EECT AND$SAVE RNjl Abandoned Property for Conversion for City Use MINNESOTA Category Case Number Description Conversion Purpose Drugs (Y) 2006004128 Pg 1 -#1E -415.0g Crystal Meth EPPD Canine Training Drugs (Y) 2006004128 Pg 1 -#1F -340.1 g Crystal Meth EPPD Canine Training Drugs (Y) 2006004128 Pg 1 -#2A-416.6g Crystal Meth EPPD Canine Training Drugs (Y) 2006004128 Pg 1A-#21 -6.3g Crystal Meth EPPD Canine Training Drugs (Y) 2006004128 Pg 1A-#22 - .014g Crystal Meth EPPD Canine Training Drugs (Y) 2006004128 Pg 1A-#23 - .88g Crystal Meth EPPD Canine Training Drugs (Y) 2006004128 Pg 1A-#24 - .05g Crystal Meth EPPD Canine Training Drugs (Y) 2006004128 Pg 1A-#25- .35g Crystal Meth EPPD Canine Training Drugs (Y) 2007002092 Pg 01 -#02F(1) -7.60g Meth EPPD Canine Training Drugs (Y) 2007002092 Pg 02-#02F(2)- 11.91 g Meth EPPD Canine Training Drugs (Y) 2007002092 Pg 02-#02F(3)- 17.95g Meth EPPD Canine Training Drugs (Y) 2007002092 Pg 02-#02F(4) - 14.97g Meth EPPD Canine Training Drugs (Y) 2007002092 Pg 02-#02F(5) - 13.28g Meth EPPD Canine Training Drugs (Y) 2007002092 Pg 02-#02F(6)- 10.27g Meth EPPD Canine Training Drugs (Y) 2007002092 Pg 02-#02F(7)- 14.43g Meth EPPD Canine Training Drugs (Y) 2007002325 Pg 01 -#01 - 13.77g Marijuana in EPPD Canine Training Plastic Baggie Drugs (Y) 2007002325 Pg 01A-#02A- 110.80g MJ EPPD Canine Training Drugs (Y) 2007002325 Pg 01A-#02B - 54.33g MJ EPPD Canine Training Drugs (Y) 2007002325 Pg 01A-#03A-2.06g MJ EPPD Canine Training Drugs (Y) 2007002325 Pg 01A-#03B - 5.96g MJ EPPD Canine Training Drugs (Y) 2007002325 Pg 01A-#03C-74.02g MJ EPPD Canine Training Drugs (Y) 2007002325 Pg 02A-#09C- (2) Baggies w/MJ (.51 EPPD Canine Training & .31g) Drugs (Y) 2007002530 Pg 01 -#01 -4 1/2 Mushrooms EPPD Canine Training w/Plastic Baggie Drugs (Y) 2007002546 Pg 01 -#01 - .69g Crack Cocaine EPPD Canine Training Drugs (Y) 2007002546 Pg 01 -#02- .03g Crack Cocaine EPPD Canine Training Drugs (Y) 2007002639 Pg 01 -#02- .42g Marijuana EPPD Canine Training Drugs (Y) 2007002639 Pg 01 -#03- 1.48g Psilocybin EPPD Canine Training Mushrooms in Baggies Drugs (Y) 2007002639 Pg 01 -#04-3.20g & 1.60g of EPPD Canine Training Marijuana Drugs (Y) 2007003890 Pg 01 -#01 - 6.37g Crack Cocaine EPPD Canine Training Report Date: 9/4/2009 4 roLic—E-A Exhibit B P0.O'EECT AND$SAVE ^P�iRN j/Abandoned Property for Conversion for City Use MINNESOTA / Category Case Number Description Conversion Purpose Drugs (Y) 2007003890 Pg 01 -#02- (6) Individually wrapped EPPD Canine Training 1 g Buds of MJ & Pkg Drugs (Y) 2007004156 Pg 01 -#01 b- .02g Heroin w/Plastic EPPD Canine Training Bag Drugs (Y) 2007031759 Pg 01 -#01 -4.8g Marijuana in Baggie EPPD Canine Training Drugs (Y) 2007031759 Pg 01 -#02-5.8g Marijuana in Baggie EPPD Canine Training Drugs (Y) 2007031759 Pg 01 -#03-8.5g Marijuana in Baggie EPPD Canine Training Drugs (Y) 2007033855 Pg 01 -#01 -55.7g Marijuana EPPD Canine Training Drugs (Y) 2007040153 Pg 01 -#01 -62.1g Marijuana EPPD Canine Training Drugs (Y) 2008000195 Pg 01 S -#01 - 1.11 g Crack Cocaine in EPPD Canine Training Clear Plastic Bag Drugs (Y) 2009000202 Pg 01 -#01 - 1.45g Crack Cocaine EPPD Canine Training Drugs (Y) 2009019063 Pg 01 -#01 - 15.3g Marijuana in EPPD Canine Training Baggie #of Items 105 117 Report Date: 9/4/2009 5 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 15, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. 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. The original contract amount was reduced 15%, from $90,000 to $76,000, to reflect the decision to build-out an 8,000 square foot store versus a 9,498 square foot store. Attachments Agreement BAKER ASSOCIATES 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. 2. Term. The term of this Agreement shall be from September 15,2009 through January, 2010, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mu- tual 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$76,330 for the services as described in Exhibit B. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or spe- cialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, in- cluding but not limited to strikes,riots, fires, acts of God,governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its rea- sonable additional charges,if any, due to the delay. 1903 E Wayzata Blvd I Wayzata, MN 55391 I Tel 952.473.4882 I Fax 952.473.5006 I www.bakerassociates.com BAKER ASSOCIATES 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 ( Fax 952.473.5006 www.bakerassociates.com BAKER ASSOCIATES 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. it 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 I Wayzata, MN 55391 I Tel 952.473.4882 Fax 952.473.5006 I www.bakerassociates.com BAKER ASSOCIATES 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. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 1903 E Wayzata Blvd I Wayzata, MN 55391 I Tel 952.473.4882 I Fax 952.473.5006 I www.bakerassociates.com BAKER ASSOCIATES 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable 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 j Tel 952.473.4882 ( 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 I Wayzata, MN 55391 I Tel 952.473.4882 ( Fax 952.473.5006 I www.bakerassociates.com BAKER ASSOCIATES b. All polices, except the Professional Liability Insurance policy, shall be apply on a "per project"basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming"the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name"the City of Eden Prairie"as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement;and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed or restrictive modifications added,without thirty (30) days prior written notice to the City. A copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable,which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, how- ever, to review such declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any pol- icy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim,liability and expense (including rea- sonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent pro- hibited by law, this indemnity applies regardless of any strict liability or negligence 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 ( Tel 952.473.4882 I Fax 952.473.5006 I www.bakerassociates.com BAKERLI 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. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be con- sidered an original. 1903 E Wayzata Blvd I Wayzata, MN 55391 Tel 952.473.4882 I Fax 952.473.5006 I www.bakerassociates.com BAKER ASSOCIATES Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM By: (31/4rM Its .s �z 1903 E Wayzata Blvd I Wayzata, MN 55391 I Tel 952.473.4882 j Fax 952.473.5006 j www.bakerassociates.com BAKER ASSOCIATES PROJECT PROPOSAL September 9, 2009 Sue Kotcheaver Date 09/09/09 Finance Manager Job No 09.EPB.003 8080 Mitchell Road Version 3 Eden Prairie, MN 55344 Prairie Village Eden Prairie Liquor-Exhibit 4 Account Management: Wendy Satterlee/Kayla Kuvaas Phase 1: Design Adaptation &Development Soffit Mural $6,700-$6,900 Resize Existing Soffit Mural Run and develop/extend design across remainder of soffit(20-50 ft longer)(45-46 hours x$150/hour) End Cap Signage $3,200-$3,400 Develop additional Design Ideas to match look and feel of existing end cap signage.Images to reflect product housed on shelving(22-23 hours x$150/hour) Channel Signs (Above Gondola Runs)- $4,600-$4,800 Reuse existing designs develop/extend design to additional signs for added gondola runs (30.6-32 hours x$150 hours) Entrance Mural $3,900-$4,200 Develop &/or Adapt Design Concept for Entryway Mural to accommodate space (26-28 hours x$150/hour) Entrance Door Decals $600-$700 Resize Entryway Door Decals (logo,hours,grass&bird)-1 set(4-4.6 hours x rY�' Y g $150/hour) 1903 E Wayzata Blvd Wayzata, MN 55391 ( Tel 952.473.4882 I fax 952.473.5006 l www.bakerassociates.com BAKER ASSOCIATES Category Signage/Gondola Signage $850-$980 Create Additional typeset Options as needed(qty. 10-15) (5.6-6.53 hours x$150/hour) Large Wall Sepia Frames&Vinyl Drawdown Words $500-$600 Adapt design layout for frames&words on blank wall (3.34-4 hours x$150/ hour) Sourcing of Additional Materials/Lighting Options $1,000-$1,200 (13.4-16 hours x$75/hour) Phase 2: Design Adaptation &Development Revise Phase 1 designs based on client feedback $4,300-$4,700 (28.6-31.34 hours x$150/hour) Phase 3: Design Adaptation &Development Finalize designs based on client feedback and build design files Full Size High Res $4,800-$5,000 in preparation for Mechanical Production (32-33.4 hours x$150/hour) Production/Mechancials Resubmit Existing Mechanicals that had no changes to vendors: $2,800-$3,000 • 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 Wayzata, MN 55391 Tel 952.473.4882 I Fax 952.473.5006 www.bakerassociates.com BAKER ASSOCIATES Submit New or Adapted Mechanicals to vendor: $6,500-$7,000 • Soffit Wall Mural • Entryway Mural • New Channel Runs • New End Cap Signs • Door Decal • New Beer Cooler Signage • Sepia Prints/Vinyl Letters • (43.3-46.7 hours x$150/hour) Final Space Plans- $1,300-$1,600 Paint,Tile,Material Selection to Contractor (17.3-21.4 hours x$75/hr) Project Management- $3,700-$4,000 Vendor Resourcing,Meetings with Vendors&Info/Specs for Ordering to Client, Call in Separate Orders to each vendor when needed (59.3-53.3 hours x$75/hr) Baker On-Site Coordination $9,700-$10,150 (129.3-135.4 hours x$75/hr) Staging Staging of Store (above Cabinets) out of Pocket for accessories $1,600-$1,800 2 People Staging(29.3-42.6 hours x$75/hr per person) $2,200-3,200 Miscellaneous $2,800-$3,000 Computer Color Outputs, Delivery/Courier,Material Samples,etc. Royalty Free Imagery $9,800-$10,100 TOTAL FEES $70,850-$76,330 1903 E Wayzata Blvd I Wayzata, MN 55391 I Tel 952.473.4882 ( Fax 952.473.5006 I www.bakerassociates.com II BAKER ASSOCIATES PHASE I: DESIGN DEVELOPMENT AGREEMENT: The above proposal constitutes our best estimate of the project costs. If we have misinterpreted any of the pro- ject scope,we would appreciate the opportunity to discuss it, to ensure that our understanding of the project and our fees are appropriate. This proposal ompfises the Agreement between Ci f en Prairie and S.W. Baker Associ to ,Inc. If this Agreement is sa ' actory, please sign,date and return o copy to us as authorization to pro d. S.W. Baker Associates, Inc. i also accept a Letter of Intent, or P ase Order as authorization to pro ee . 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: (CompanyName) I/We have read, un.erstand and agree to the above stated terms. Signature: 411111 Date: / / Accepted: S.W. er Associates, c. Scott W. Baker: ----------' `----.. Date: 9/9/09 / 1903 E Wayzata Blvd I Wayzata, MN 55391 1 Tel 952.473.4882 I Fax 952.473.5006 ( www.bakerassociates.com II 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 I www.bakerassociates.com CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 15, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Jim Richardson Adopt Resolution Declaring Costs to be Public Works/Engineering Assessed and Ordering Preparation of Special Assessment Roll and Setting Hearing Date Requested Action Move to: Adopt resolution declaring costs to be assessed and ordering preparation of special assessment hearing rolls and setting hearing date. Synopsis A Special Assessment Hearing is conducted annually in late October or early November. The assessments levied are for projects which have reached the point of substantial completion since the previous hearing. This process is conducted in accordance with State Statutes and procedure developed with the assistance of the City Attorney. Attachments • Resolution • Exhibit A - 2009 Special Assessments CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2009- RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF 2009 SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE WHEREAS, contracts have been let for the following listed improvements and the total project costs, including expenses incurred, or to be incurred and the City's share, exclusive of that assignable to City Property, are established as shown on the attached Exhibit A. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: 1. The costs of such improvements to be specially assessed are hereby declared to be those as set forth in Exhibit A. 2. The City Clerk with the assistance of the City Engineer shall forthwith calculate the proper amount to be assessed for each improvement against every assessable lot, piece or parcel of land within the district affected without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in the office of the City Engineer for public inspection.. 3. A hearing shall be held on the 20st day of October, 2009 in the Eden Prairie City Center, 8080 Mitchell Road, at 7:00 p.m., to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessments. 4. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing. She shall also cause mailed notice to be given to the owner of the record of each parcel described in the assessment roll not less than two weeks prior to the hearing. ADOPTED by the Eden Prairie City Council on September 15, 2009. Phil Young,Mayor ATTEST: SEAL Kathleen Porta, City Clerk EXHIBIT A 2009 SPECIAL ASSESSMENTS September 15,2009 PROJECTS Total Cost City Funds Amt to be Assessed Supplementals Snow Contracted Removal $157.50 _ $0 $157.50 Tree Contracted Removal $3,000.00 $0 $3,000.00 Tall Grass/Weed Contracted Removal $3,000.00 $0 $3,000.00 TOTAL $6,157.50 $0 $6,157.50 CITY COUNCIL AGENDA DATE: SECTION: Public Hearing September 15, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Sue Kotchevar, Office of the Resolution Authorizing Adoption of City Manager Amendments to Capital Improvement Plan and issuance of General Obligation Capital Improvement Plan Bonds Requested Action Move to: Adopt a resolution authorizing the adoption of amendments to the Capital Improvement Plan and Issuance of General Obligation Capital Improvement Plan Bonds. Synopsis The City's financial advisor has identified an opportunity to refinance bonds and realize approximately$103,000 in savings. The 2000A bonds originally issued as HRA bonds to finance Fire Station#1 on Scenic Heights Road will be redeemed. The City will issue CIP bonds at a lower interest rate to realize cost savings. Attachments Resolution CERTIFICATION OF MINUTES Issuer: City of Eden Prairie, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held September 15, 2009, at 7:00 p.m., at the City Center. Members present: Members absent: Documents Attached: Minutes of said meeting (including): RESOLUTION NO. RESOLUTION AUTHORIZING THE ADOPTION OF AMENDMENTS TO A CAPITAL IMPROVEMENT PLAN AND ISSUANCE OF GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS I, the undersigned, being the duly qualified and acting recording officer of the public corporation referred to hereinabove, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bond; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of September, 2009. City Clerk The Mayor stated that this was the time and place fixed for a public hearing to be held on the adoption of amendments to a Capital Improvement Plan(the "Plan") and issuance of Capital Improvement Plan Bonds pursuant to Minnesota Statutes, Section 475.521 (the "Bonds"). The City Clerk presented an affidavit showing publication of the notice of public hearing at least fourteen (14)but not more than twenty-eight(28) days prior to the date fixed for the public hearing in the Eden Prairie News,being the official newspaper of the City. The affidavit was examined, found to be satisfactory and ordered placed on file with the City Clerk. The Mayor then opened the meeting for the public hearing on the proposal to adopt the amendments to the Plan and issue the Bonds. The purpose of the hearing was explained, the nature of the Plan and proposed Bonds was discussed and all persons present who desired to do so were afforded an opportunity to express their views with respect to the proposal to issue the Bonds and adopt the amendments to the Plan. After all persons who wished to do so had stated or filed their views on the proposals, the Mayor declared the public hearing to be closed. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2009- RESOLUTION AUTHORIZING THE ADOPTION OF AMENDMENTS TO A CAPITAL IMPROVEMENT PLAN AND ISSUANCE OF GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS WHEREAS, the City of Eden Prairie, Minnesota(the "City")has published notice of its intent to hold a hearing on the adoption of amendments to a Capital Improvement Plan(the "Plan") and issuance of capital improvement plan bonds under Minnesota Statutes, Section 475.521 (the "Bonds") at least fourteen(14)but not more than twenty-eight(28) days prior to the date hereof,pursuant to and in accordance with Minnesota Statutes, Section 475.521; and WHEREAS, the City held a public hearing on the date hereof on the issuance of the Bonds and adoption of amendments to the Plan; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City, as follows, that: 1. Authorization. This City Council hereby hereby approves the Plan and authorizes the issuance of the Bonds in the approximate principal amount of$1,450,000 for the purpose of purchasing the City fire station (the "Project"), which Project is currently leased by the City from the Housing and Redevelopment Authority in and for the City of Eden Prairie. The Project was financed with proceeds of the $3,390,000 Public Facility Lease Revenue Bonds, Series 2000A (City of Eden Prairie Lease Obligations) dated, as originally issued, as of November 1, 2000 (the "Refunded Bonds"). The Refunded Bonds are outstanding in the principal amount of $1,900,000. Refunded Bonds maturing in the years 2011 and later are expected to be called for redemption and prepayment on December 1, 2010 (the "Redemption Date"). 2. Sale. Pursuant to Minnesota Statutes, Section 475.60, subdivision 2, paragraph (9), the requirements as to public sale do not apply to the issuance of the Bonds. The Council desires to proceed with the sale of the Bonds by direct negotiation with Northland Securities, Inc. ("NSP') and does hereby retain Sound Capital Management, Inc. to act as an independent financial advisor to provide bond pricing opinion services for the issuance of the Bonds for the purpose set forth in Minnesota Statutes, Section 475.60, Subdivision 2(9), as amended. 3. Refunding. The Redemption Date is the earliest date on which the Refunded Bonds may be redeemed. The refunding of the Refunded Bonds is being carried out for the purpose described in Minnesota Statutes, Section 475.67, subdivision 3, section (b)(2)(i) and in compliance with Minnesota Statutes, Chapter 475. 4. Execution of Bond Purchase Agreement. The City Manager and Finance Manager are hereby authorized to approve the sale of the Bonds in an aggregate principal amount not to exceed $1,450,000 and to execute a bond purchase agreement for the purchase of the Bonds with 1 NSI, provided that the total debt service on the Bonds is lower by at least $ and the present value of this reduction in debt service is not less than 3% of the debt service on the Refunded Bonds, exclusive of any premium, computed to their stated maturity dates, using the yield of the Bonds as the discount rate. 5. Ratification. Upon approval of the sale of the Bonds by the City Manager and Finance Manager, the City Council will take action at its next regularly scheduled or special meeting thereafter to adopt the necessary approving resolutions as prepared by the City's bond counsel. 6. Official Statement. NSI is authorized to prepare an Official Statement related to the sale of the Bonds. 7. Sunset. If the City Manager and Finance Manager have not approved the sale of the bonds to NSI and executed the related bond purchase agreement by December 31, 2009, this resolution shall expire. This resolution shall be in full force and effect from and after its passage. ADOPTED by the Eden Prairie City Council on September 15, 2009. Phil Young,Mayor ATTEST: SEAL Kathleen Porta, City Clerk 2 CITY COUNCIL AGENDA DATE: September 15, 2009 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community Code Amendment Garage Sales Development/Planning Janet Jeremiah Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance Amending City Code Chapter 11 adding a definition for garage sales and garage sale regulations. Synopsis The City Council reviewed a report from the Director of Community Development relating to garage sales on April 21, 2009. Based City Council input the draft ordinance was changed to address the following. • Every item for sale does not need to be used. (covered by definition) • The ordinance may limit the number of days. (4 days per sale, and 4 times per year) • The ordinance may require that people live in Eden Prairie. (sellers required to be City residents) • The ordinance may limit where sales are held.(held at the primary residence) Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the code amendment at the August 24, 2009 meeting. Attachments 1. Draft Ordinance 2. Staff Report 3. Planning Commission Minutes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 00-2009 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 11 BY ADDING A NEW DEFINITION TO SECTION 11.02;AMENDING SECTION 11.03, SUBD. 3 BY ADDING "L." ENTITLED GARAGE SALE REQUIRED CONDITIONS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIR MI TA, ORDAINS: Section 1. City Code,Chapter 11, Section 11.02,Definitions is amende umbering lines 26 through 71 to 27 through 72 respectively, a by inserting t ing new definition in line 26. 26. "Garage Sale"-A sale of household or personal article uding but not limited to furniture, tools,clothing,household appliances,bolliek sports equipmen at the primary residence of the seller of the articles offered for sale or in the case of a multi-fami the primary residence of one of the individuals owning the articles held for sale. Section 2. City Code, 11,Section ction 1 . , Subd.3. Special Requirements is amended by adding"L" L. Garage Sale sha comply with following c • ions: 1. Garage sales ma only o operties zoned Rural, R1 and RM that are improved with a dwelling unit or units erected and which have been issued a Certificate of Occupancy. 2. No more than four(4) garage sales may occur at a dwelling in a twelve(12)month period. o sale shall exceed(period of four(4) consecutive days. sellers at a garage sale must be residents of Eden Prairie 5. e sale signs must comply with Section 11.70 entitled sign permits. Section 3. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This Ordinance shall become effective from and after its passage and publication. K:\Administration)Agenda Preparation\City Council Agenda Packet Items\2009\09.15.09\Community Development\Garage Sales\Attach 1-Garage Sale Ordinance(Ordinance).doc FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 00rd day of MONTH, 2009 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 00rd day of MONTH, 2009. Kathleen Porta, City Clerk Phil Young. r PUBLISHED in the Eden Prairie Sun Current o 2009. 1111S ° K:\Administration\Agenda Preparation\City Council Agenda Packet Items\2009\09.15.09\Community Development\Garage Sales\Attach 1-Garage Sale Ordinance(Ordinance).doc Staff Report: TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: August 14, 2009 SUBJECT: Code Amendment - Garage Sales BACKGROUND The Planning Commission first reviewed a discussion item on garage sales on February 23, 2009 and directed staff to work on a draft ordinance. The City Council discussed garage sales at the April 21, 2009 meeting. Based on Council input the draft ordinance has been modified to address the following items. • Every item for sale does not need to be used. • The ordinance may limit the number of days. • The ordinance may require that people live in Eden Prairie. • The ordinance may limit where sales are held. REVISED ORDINANCE Every item for sale does not need to be used. This is covered in the definition. The ordinance may limit the number of days. The draft limits a garage sale to 4 days and imposes a limit of 4 sales per year. The ordinance may require that people live in Eden Prairie. The draft requires that all sellers be residents of Eden Prairie. The ordinance may limit where sales are held. Must be held at the primary residence. UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,AUGUST 24, 2009 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Katie Lechelt, Jacob Lee, Alexander Martin, Jerry Pitzrick, Peter Rocheford, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Michael Franzen, City Planner Rod Rue, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Vice-Chair Kirk called the meeting to order at 7:00 p.m. Absent: Lechelt, Lee, Schultz and Stoltz. II. APPROVAL OF AGENDA MOTION by Rocheford, seconded by Pitzrick, to approve the agenda. Motion carried 5-0. VI. PUBLIC HEARINGS B. Code Amendment— Garage Sales Franzen stated on February 23, 2009 input was gathered from the Planning Commission members to prepare a draft ordinance to be sent to the City Council. The City Council discussed garage sales at the April 21, 2009 meeting. Based on Council feedback the draft ordinance has been changed in the following areas: • Every item for sale does not need to be used. • The ordinance may limit the number of days. • The ordinance may require that people live in Eden Prairie. • The ordinance may limit where sales are held. Wuttke asked what the primary reason for this change is. Franzen stated there are two reasons. One is to be able to distinguish between a garage sale and a home based business, and second, there are 8-10 complaints per year regarding garage relating to traffic and garage sales that are really a home based business. Wuttke asked if someone were to violate this code, how the City would know. Franzen the City responds on a complaint basis. Kirk opened the meeting up for public input. There was no input. MOTION by Pitzrick, seconded by Rocheford, to close the public hearing. Motion carried 5-0. MOTION by Pitzrick, seconded by Rocheford, to recommend approval of the code amendment relating to garage sales. Motion carried 5-0. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims September 15, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 189985 — 190419 Wire Transfers 3557—3573, 8556 3565 —3573 US Bank 08/20/09 Purchasing Card Payment City of Eden Prairie Council Check Summary 9/15/2009 Division Amount Division Amount General 364,378 601 Prairie Village Liquor 99,134 100 City Manager 82 602 Den Road Liquor 154,628 101 Legislative 253 603 Prairie View Liquor 74,297 102 Legal Counsel 43,233 605 Den Road Building 1,408 110 City Clerk 3,385 701 Water Fund 146,178 111 Customer Service 7,390 702 Sewer Fund 271,469 112 Human Resources 213 703 Storm Drainage Fund 45,091 113 Communications 9,854 Total Enterprise Funds 792,205 114 Benefits&Training 2,236 130 Assessing 93 316 WAFTA 29 131 Finance 225 803 Escrow Fund 5,495 132 Housing and Community Services 9,500 Total Agency Funds 5,525 133 Planning 125 136 Public Safety Communications 2,403 807 Benefits Fund 674,188 137 Economic Development 99 808 Severance 20,000 138 Community Development Admin. 116 810 Workers Comp Insurance 202,005 150 Park Administration 15 811 Property Insurance 11,427 151 Park Maintenance 16,970 812 Fleet Internal Service 25,645 153 Organized Athletics 5,440 813 IT Internal Service 67,126 154 Community Center 7,274 815 Facilites Operating ISF 16,088 155 Beaches 26 816 Facilites City Center ISF 34,675 156 Youth Programs 20,025 817 Facilites Comm.Center ISF 25,086 157 Special Events 6 Total Internal Service Funds 1,076,240 158 Adult Recreation 2,085 159 Recreation Administration 11,446 Report Totals 2,751,353 160 Therapeutic Recreation 232 161 Oak Point Pool 930 162 Arts 3,916 163 Outdoor Center 5,159 168 Arts Center 668 169 SC-Therapeutic Recreation 83 180 Police 23,860 183 Emergency Preparedness 2 184 Fire 14,570 186 Inspections 831 200 Engineering 3,535 201 Street Maintenance 126,682 Total General Funds 687,340 301 CDBG 49,130 303 Cemetary Operation 4,987 308 E-911 549 309 DWI Forfeiture 1,008 Total Special Revenue Funds 55,675 315 Economic Development 180 502 Park Development 149 503 Utility Improvement 91,546 509 CIP Fund 33,433 512 CIP Trails 4,676 513 CIP Pavement Management 1,047 515 Fire Station#4 3,338 520 Parks Referendum 42,124 521 Trails Referendum (42,124) Total Capital Project Funds 134,369 City of Eden Prairie Council Check Register 9/15/2009 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 190105 261,903 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility-General MCES Monthly Fee 190061 231,248 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Medical/Dental Premiums 190088 206,855 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance Workers Comp Premium 190275 186,673 DOBOSZENSKI&SONS Improvements to Land Improvements Projects 2006 County Rd 4 to 212 Project 3564 157,822 WELLS FARGO MINNESOTA N A Federal Taxes Withheld Health and Benefits Federal Taxes Withheld 3557 119,712 PUBLIC EMPLOYEES RETIREMENT AS Other Deductions Health and Benefits PERA 3559 118,827 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 190292 77,424 GMH ASPHALT CORPORATION Asphalt Overlay Street Maintenance 190243 69,762 ADVANCED ENGINEERING&ENVIRON Other Contracted Services Utility Improvement Fund 190125 52,266 NORTHWEST ASPHALT Improvements to Land Capital Impr./Maint.Fund 190053 48,363 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Prosecution 190073 42,124 IMPERIAL DEVELOPERS Improvement Contracts Trails Referendum 190319 35,762 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 190081 32,320 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 190116 32,112 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 190222 31,915 LOGIS Network Support I.T.Operating 3563 31,234 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 190098 30,262 MCF-LINO LAKES Other Contracted Services Utility Operations-General 190024 27,826 DIVERSE BUILDING MAINTENANCE Janitor Service Community Center Maintenance 189989 23,994 ABM JANITORIALSERVICES-NORTH C Janitor Service City Hall-CAM 190374 23,203 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Infiltration/Inflow Study 190206 21,991 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 3573 21,947 US BANK Purchasing Cards Various Departments 3561 20,339 ING Deferred Compensation General Fund 190205 20,150 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 8556 20,000 US BANK TRUST RMSA Other Deductions Health and Benefits 190411 19,995 BAKER TILLY VIRCHOW KRAUSE LLP Software Maintenance I.T.Operating 190314 18,715 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store 190300 18,237 HANSEN THORP PELLINEN OLSON Other Contracted Services Improvement Projects 2006 190384 18,149 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 190013 17,816 CERIDIAN Other Contracted Services IT Capital 190056 17,343 HANSEN THORP PELLINEN OLSON Other Contracted Services Storm Drainage 190404 17,266 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 190405 16,697 WIRTZ BEVERAGE MINNESOTA BEER Beer Den Road Liquor Store 190059 16,427 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Operating 190135 16,114 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 190078 14,732 JJ TAYLOR DISTRIBUTING MINNESO Beer Prairie Village Liquor Store 3560 14,594 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 190052 14,230 GRAYMONT Treatment Chemicals Water Treatment Plant 190296 14,188 GRAYMONT Treatment Chemicals Water Treatment Plant 190162 14,133 SRF CONSULTING GROUP INC Other Contracted Services Storm Drainage 190363 13,181 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 190183 12,996 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store 190357 12,940 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 190115 11,750 MINNESOTA WINDOW&SIDING INC Other Contracted Services Rehab Check# Amount Vendor/Explanation Account Description Business Unit Explanation 190338 11,636 MIDWEST ASPHALT CORPORATION Repair&Maint.Supplies Storm Drainage 190144 11,481 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 190068 11,007 HOUSE OF PRINT Printing Community Brochure 190385 10,867 TOPSIDE INC Other Contracted Services Rehab 190120 10,533 NEW WORLD SYSTEMS Other Assets CIP-Bonds 190111 10,246 MINNESOTA EXTERIORS INC Other Contracted Services Rehab 190368 9,619 RECON ROBOTICS Capital Under$10,000 Police 190054 9,477 H&H BLACKTOP SERVICE INC Other Contracted Services Rehab 190090 8,959 LIFE INSURANCE COMPANY OF NORT COBRA Health and Benefits 190379 8,927 ST CROIX ENVIRONMENTAL INC Design&Engineering Wellhead Protection Plan 190065 8,217 HIGHWAY TECHNOLOGIES INC Contracted Striping Traffic Signs 190246 8,000 AMERICAN WATER WORKS ASSOCIATI Dues&Subscriptions Utility Operations-General 190156 7,892 SIGNSOURCE Signs Purgatory Creek Rec Area 190102 7,708 METRO FIRE Operating Supplies Fire 189985 7,634 A-SCAPE INC Contract Svcs-Lawn Maint. City Hall-CAM 190273 7,587 DAY DISTRIBUTING Improvements to Land Improvement Projects 2006 190022 7,332 DAY DISTRIBUTING Misc Non-Taxable Prairie View Liquor Store 190001 7,282 BELLBOY CORPORATION Transportation Prairie Village Liquor Store 190197 7,255 WESTURN CEDAR SUPPLY INC Building Capital Impr./Maint.Fund 190012 7,033 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant 190171 7,016 STONEBROOKE Autos Public Works-Fixed Asset 190276 7,000 DORSEY&WHITNEY LLP Bond Issue Costs CIP-Bonds 190232 6,858 SHERBARTH-LYNCH,SANDRA Instructor Service Tennis 190181 6,671 THATCHER COMPANY OF MONTANA Treatment Chemicals Water Treatment Plant 190107 6,493 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 190202 6,285 WINE MERCHANTS INC Transportation Den Road Liquor Store 190378 6,250 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing and Community Services 190281 6,176 EPA AUDIO VISUAL INC computers Utility Operations-General 190109 6,000 MIDWEST DESIGN CO Other Contracted Services Communications 190326 5,781 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 190369 5,226 RELIAKOR SERVICES INC Seal Coating Street Maintenance 190094 5,000 MANLEY LAND DEVELOPMENT Deposits Escrow 190253 4,900 BELLBOY CORPORATION Operating Supplies Prairie Village Liqour Store 190400 4,812 WINE MERCHANTS INC Transportation Prairie View Liquor Store 190218 4,790 FINLEY BROS INC Operating Supplies Park Acquisition&Development 190241 4,680 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 190027 4,676 DUNSMORE ASPHALT INC Improvement Contracts CIP Trails 190353 4,579 PAUSTIS&SONS COMPANY Transportation Prairie Village Liquor Store 190213 4,322 BELSON OUTDOORS INC Capital Under$10,000 Capital Impr./Maint.Fund 190238 4,139 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 190265 3,877 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 190159 3,855 SOUTHWEST SUBURBAN PUBLISHING- Advertising International Festival 190370 3,850 RICHFIELD,CITY OF Autos Fleet Capital-Park and Recreation 190117 3,850 MOODY'S INVESTORS SERVICE Bond Issue Costs CIP-Bonds 190220 3,515 INNOVATIVE GRAPHICS Clothing&Uniforms Summer Safety Camp 190388 3,502 TREATED AIR COMPANY Other Contracted Services Rehab 190177 3,423 TEAM LABORATORY CHEMICAL CORPO Repair&Maint.Supplies Sewer Liftstation 190210 3,420 YALE MECHANICAL INC Contract Svcs-HVAC Fire Station#2 190301 3,345 HENNEPIN COUNTY TREASURER Board of Prisoner Police Check# Amount Vendor/Explanation Account Description Business Unit Explanation 190283 3,306 ESS BROTHERS&SONS INC Repair&Maint.Supplies Infiltration/Inflow Study 190382 3,250 TEENS ALONE Other Contracted Services Housing and Community Services 190191 3,213 VERNCO MAINTENANCE INC Grounds Maintenance Utility Operations-General 190342 3,043 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance 190239 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage Customer Service 190340 2,943 MINNESOTA ATHLETIC APPAREL Clothing&Uniforms Fire 190282 2,890 ERICKSON ENGINEERING COMPANY Design&Engineering Engineering 190132 2,848 PAUSTIS&SONS COMPANY Transportation Prairie Village Liquor Store 190325 2,711 LAVAN FLOOR COVERING Contract Svcs-General Bldg Ice Areana Maintenance 190064 2,655 HENNEPIN COUNTY TREASURER Postage Elections 190394 2,645 VINOCOPIA Transportation Den Road Liquor Store 190331 2,588 MALKERSON GUNN MARTIN LLP Other Contracted Services Storm Drainage 190192 2,488 VINOCOPIA Transportation Prairie View Liquor Store 190121 2,413 NILSSON,BETH Instructor Service Ice Arena 190092 2,359 MAACO Equipment Repair&Maint Fleet Operating 190407 2,198 WORLD CLASS WINES INC Transportation Prairie View Liquor Store 190086 2,173 KJOLHAUG ENVIRONMENTAL SERVICE Design&Engineering Trails Referendum 190163 2,079 ST CROIX ENVIRONMENTAL INC Other Contracted Services Water Wells 190250 1,923 BANGASSER,ROBERT Other Contracted Services Rehab 190042 1,920 FORTIN CONSULTING INC Other Contracted Services Storm Drainage 190312 1,886 ITRON INC. Software Water Metering 190419 1,868 VALLEY RICH CO INC Equipment Repair&Maint Sewer System Maintenance 190324 1,754 LAB SAFETY SUPPLY INC Small Tools Utility Operations-General 190209 1,711 XCEL ENERGY Electric Water Wells 190376 1,703 SIGNATURE MEDIA GROUP INC Seal Coating Street Maintenance 190234 1,679 SPORTS UNLIMITED Instructor Service Camps 190291 1,669 GENUINE PARTS COMPANY Equipment Parts Fleet Operating 190145 1,604 QUESENBERRY,TYLER Pension payment-SS/FICA Health and Benefits 190193 1,536 VTI Equipment Repair&Maint Public Safety Communications 190063 1,533 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 190198 1,522 WESTWOOD PROFESSIONAL SERVICES Other Contracted Services Storm Drainage 189999 1,513 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 190395 1,505 VISTAR CORPORATION Merchandise for Resale Concessions 190240 1,499 US POSTMASTER Postage Water Accounting 189994 1,454 ASPEN WASTE SYSTEMS INC. Waste Disposal City Hall-CAM 190072 1,405 IDEAL SERVICE INC Equipment Repair&Maint Water Walls 190141 1,389 PROFESSIONAL TURF&RENOVATION Chemicals Park Maintenance 190131 1,389 OUTDOORS AGAIN INC Other Contracted Services Pleasant Hill Cemetery 189996 1,367 AZTEC BP Equipment Repair&Maint Police 190320 1,366 KARP,DAVID A Other Contracted Services Rehab 190136 1,345 PLANT&FLANGED EQUIPMENT Equipment Parts Water Treatment Plant 190392 1,317 VESSCO INC Equipment Repair&Maint Water Treatment Plant 190190 1,316 VAN PAPER COMPANY Cleaning Supplies Ctiy Hall-CAM 190306 1,308 HOHENSTEINS INC Beer Prairie Village Liquor Store 190235 1,283 STRAIGHT-UP INC Clothing&Uniforms Tennis 190040 1,268 FORCE AMERICA Equipment Parts Fleet Operating 190406 1,261 WORK CONNECTION,THE Other Contracted Services Park Maintenance 190311 1,248 ITL PATCH COMPANY INC Clothing&Uniforms Police 190207 1,236 WORK CONNECTION,THE Other Contracted Services Park Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 190048 1,219 GOPHER STATE ONE-CALL INC OCS-Leak Detection Utility Operations-General 190227 1,208 PLANET SPIRIT Instructor Service Camps 190339 1,205 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 190364 1,190 QWEST Telephone I.T.Telephone 190310 1,121 IKON OFFICE SOLUTIONS Maintenance Contracts Water Treatment Plant 190230 1,120 ROBICHONS THE IN-LINE SKATE SC Instructor Service Camps 190045 1,102 GE CAPITAL Other Rentals Customer Service 190128 1,094 OPPORTUNITY PARTNERS Janitor Service City Hall-CAM 190305 1,082 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 190033 1,080 EMPLOYERS ASSOCIATION INC Other Contracted Services Organizational Services 190294 1,059 GRAINGER Equipment Parts Fleet Operating 190260 1,047 BRAUN INTERTEC CORPORATION Asphalt Overlay CIP Pavement Management 190104 1,043 METRO SALES INCORPORATED* Other Rentals Customer Service 190383 1,016 TESSMAN SEED CO Chemicals Park Maintenance 190173 1,014 STRAND MANUFACTURING CO INC Equipment Parts Water Treatment Plannt 190334 1,010 METRO SALES INCORPORATED* Other Rentals Customer Service 190097 1,000 MCCOMB GROUP LTD Other Contracted Services Den Road Building 190345 966 NEUMANN,NEAL Other Contracted Services Softball 190380 951 STAPLES ADVANTAGE Office Supplies Customer Service 3562 943 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 190299 921 HAMMETT,DAN AR Utility Water Enterprise Fund 190208 919 WORLD CLASS WINES INC Transportation Den Road Liquor Store 190248 918 ANDERBERG INNOVATIVE PRINT SOL Printing police 190066 918 HOHENSTEINS INC Beer Prairie View Liquor Store 190113 890 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 190303 890 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Police 190051 834 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 190249 831 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration 190244 795 ALLIED ADJUSTERS Insurance Property Insurance 190223 794 MAROTTA,VIC Instructor Service Winter Skill Development 190029 788 DUSTCOATING INC Roads-Dust Control Gravel Roads Dust Control 190344 773 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 190100 762 MENARDS Repair&Maint.Supplies Water Treatment Plant 190251 755 BATES,DON Operating Supplies Community Band 190039 740 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 190067 735 HORIZON COMMERCIAL POOL SUPPLY Conference Expense Community Center Maintenance 190266 700 CHANHASSEN DINNER THEATRE Operating Supplies Trips 190170 682 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating 190272 680 DANHAUSER,LINDSEY Mileage&Parking Arts 190075 650 INTOXIMETERS Miscellaneous DWI Forfeiture 190155 614 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 190172 600 STORK,ALEX Other Contracted Services Storm Drainage 190263 597 CATCO PARTS SERVICE Equipment Parts Fleet Operating 190047 594 GODWIN,MARIE B Other Contracted Services volleyball 190007 592 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Park Maintenance 190399 592 WINE COMPANY,THE Wine Imported Prairie Village Liquor Store 190174 591 STREICHERS Training Supplies Police 190182 586 THERMAL TECHNOLOGIES INC Contract Services-HVAC City Hall-CAM 190295 581 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 190386 579 TOTAL RENTAL Other Rentals International Festival 189990 576 ABRAKADOODLE Instructor Service Arts Center 190414 566 FEDEX KINKO'S OFFICE AND PRINT Printing Infiltration/Inflow Study 190161 565 SPRINT Telephone Engineering 190011 551 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 190365 549 QWEST Maintenance Contracts E-911 Program 190062 548 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Wireless Communication 190179 546 TEMP,DAWN M Other Contracted Services Volleyball 190367 546 RAY,LEE Other Contracted Services Softball 190049 540 GOVDELIVERY Software Maintenance IT Operating 190091 522 M.AMUNDSON LLP Operating Supplies Prairie View Liquor Store 190077 522 JIRIK SOD FARMS Landscape Materials/Supp Park Maintenane 190219 520 FIRST DISTRICT DOMESTIC VIOLEN Tuition Reimbursement/School Police 190138 513 PRAIRIE RESTORATIONS INC Other Contracted Services Storm Drainage 190262 509 CAT&FIDDLE BEVERAGE Wine Imported Prairie Village Liquor Store 190147 500 RASMUSSEN,JILL Refunds Storm Drainage 190289 500 FORTIN CONSULTING INC Other Contracted Services Storm Drainage 190199 488 WHEELER LUMBER LLC Landscape Materials/Supp Park Maintenance 190372 482 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 190148 468 RAY,LEE Other Contracted Services Softball 190373 468 SHERWIN WILLIAMS CO Operating Supplies Park Maintenance 190360 460 PRAIRIE RESTORATIONS INC Other Contracted Services Storm Drainage 190195 460 WALL TRENDS INC Contract Svcs-Gen.Bldg City Center Operations 190352 455 PAT KERNS WINE MERCHANTS Transportation Prairie Village Liquor Store 190137 453 PRAIRIE ELECTRIC COMPANY Contract Svcs-Lawn Maint Senior Center 190333 452 MENARDS Training Supplies Police 190337 447 MICHAELSON,ELIZABETH H Operating Supplies Arts Iniitiative 189997 441 BARNES,BELINDA A. Other Contracted Services Volleyball 190341 439 MINNESOTA HIGHWAY SAFETY&RES Tuition Reimbursement/School Police 190211 432 AMERICAN RED CROSS Licenses,Permits,Fees Oak Point Lessons 190280 428 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Operating 190186 425 TWIN CITY FILTER SERVICE INC Supplies-HVAC Community Center Maintenance 190112 423 MINNESOTA HUMAN SERVICES Other Contracted Services Park Maintenance 190293 417 GRAFIX SHOPPE Contract Svcs-General Bldg Police City Center 190108 415 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store 190409 412 ZIEGLER INC Other Rentals International Festival 190322 400 KLM ENGINEERING INC Design&Engineering Water Storage 190349 394 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation 190130 382 OUTDOOR ENVIRONMENTS INC Other Contracted Services Park Maintenance 190371 376 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 190418 373 U OF ST THOMAS AR Utility Water Enterprise Fund 190184 370 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie Village Liquor Store 190015 368 CHRISTIANSEN,MIKE Other Contracted Services Softball 190323 350 KNUTSON,KARLY A Parking Permits Community Center Admin. 190297 324 GREATAMERICA LEASING CORP. Postage Customer Service 190032 322 ELIASON,STEVE J Other Contracted Services Softball 190037 322 FALCK,TIMOTHY R Other Contracted Services Softball 190288 322 FORSBERG,JEFF Other Contracted Services Softball 190018 314 CONSTRUCTION MATERIALS INC Asphalt Overlay Street Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 190124 305 NORTHLAND SECURITIES INC Bond Issue Costs CIP-Bonds 189986 304 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 190255 302 BERNE SCALE Equipment Testing/Cert. Water Treatment Plant 190259 301 BOURGET IMPORTS Transportation Prairie Village Liqour Store 190152 300 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 190412 293 CDW GOVERNMENT INC. Other Hardware I.T.Operating 190377 288 SNAP-ON TOOLS Small Tools Fleet Operating 190393 284 VINO SOURCE,THE Liquor Den Road Liquor Store 189998 279 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 190146 278 QWEST Telephone IT Telephone 190123 278 NORTHLAND BUSINESS SYSTEMS Operating Supplies Police 190004 275 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Water Treatment Plant 190257 275 BOLD,PAULINE Instructor Service Outdoor Center 190358 267 PLANT&FLANGED EQUIPMENT Equipment Parts Water Treatment Plant 190417 267 SHOWCASE GRAPHICS Operating Supplies Fire 190028 265 DUPONT,BRENT Pension payment-SS/FICA Health and Benefits 190180 262 TESSCO INC Operating Supplies Public Safety Communications 190212 260 ATRA Conference Expense Recreation Administration 189988 259 ABLE HOSE&RUBBER INC Repair&Maint.Supplies Utility Operations-General 190416 258 METRO FIRE Repair&Maint.Supplies Fire 190127 252 OHIO DEPT.OF PUBLIC SAFETY Equipment Repair&Maint Fire 190189 247 VALLEY NAT'L GASES-LOC 93 Equipment Parts Fleet Operating 190095 246 MARQUIS,KATHERINE I Other Contracted Services Teen Work Program 189991 243 ACCURINT-ACCOUNT#1348824 Other Contracted Services Police 190252 240 BELL,NEAL Operating Supplies Arts Initiative 190242 235 ABLE HOSE&RUBBER INC Repair&Maint.Supplies Water Treatment Plant 190408 227 YALE MECHANICAL INC Contract Svcs-HVAC Public Works/Parks 190231 225 RUDIN,MASON C Other Contracted Services Teen Work Program 190164 223 STAPLES ADVANTAGE Office Supplies Customer Service 190389 221 TRI COUNTY BEVERAGE&SUPPLY Beer Den Road Liquor Store 190215 217 CDW GOVERNMENT INC. Other Hardware I.T.Operating 190274 216 DNR Program Fee Classes/Programs/Events 190151 213 RUZEK,CHRISTINE Conference Expense Human Resources 190267 208 CHOICE INC Other Contracted Services Prairie Village Liquor Store 190057 207 HANSON,LILLY J Other Contracted Services Teen Work Program 190279 207 ELIASON,STEVE J Other Contracted Services Softball 190269 204 CUB FOODS EDEN PRAIRIE Operating Supplies police 190020 203 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 190330 200 MAGUIRE,CAROLINE Operating Supplies International Festival 190017 196 CONLEY,JOYCE Operating Supplies Classes/Programs/Events 3558 194 WISCONSIN DEPARTMENT OF REVENU State Taxes Withheld Health and Benefits 190176 192 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 190149 192 REED BUSINESS INFORMATION Impraovement Contracts Trails Referendum 190229 187 REED BUSINESS INFORMATION Legal Notices Publishing Improvement Projects 2006 190398 186 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Operating 190160 176 SPECIALIZED ENVIRONMENTAL TECH Landscape Materials/Supp Park Maintenance 190343 172 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 190005 172 BOYER TRUCKS Equipment Parts Fleet Operating 190008 171 CALDERON,CHRISTOPHER J Other Contracted Services Teen Work Program Check# Amount Vendor/Explanation Account Description Business Unit Explanation 190010 169 CDW GOVERNMENT INC. Other Assets CIP-Bonds 190019 162 CRUMRINE,ROBERT R Other Contracted Services Teen Work Program 190178 162 TEMP,ALYSON Other Contracted Services Volleyball 190247 158 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 190126 153 O'CONNELL,KAYLEE M T Other Contracted Services Teen Work Program 190021 153 DALE GREEN COMPANY,THE Asphalt Overlay Street Maintenance 190201 152 WINE COMPANY,THE Transportation Den Road Liquor Store 190284 152 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 190346 151 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 190099 150 MCPA Tuition Reimbursement/School Police 190153 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating 190347 150 NFPA Dues&Subscriptions Fire 190221 146 UNMAN,SAMANTHA Mileage&Parking Tree Disease 189987 144 ABDISALAM,BILAN Other Contracted Services Teen Work Program 189993 144 ASHTIANI,SHAYAN Other Contracted Services Teen Work Program 190187 144 ULRICH,RYAN S Other Contracted Services Teen Work Program 190278 143 EHLERS&ASSOCIATES INC Other Contracted Services Economic Development Fund 190410 142 ARNDT,DALE Small Tools Fleet Operating 189992 141 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 190287 140 FIELDSTONE VINEYARDS Wine Domestic Prairie View Liquor Store 190050 136 GRAINGER Supplies-General Bldg Community Center Maintenance 190026 135 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant 190224 135 O'BRIEN LOREN D Other Contracted Services Teen Work Program 190196 132 WALSER CHRYSLER JEEP Equipment Repair&Maint Fleet Operating 190285 130 FAGNANT,SUSAN Instructor Service Outdoor Denter 190122 130 NORCOSTCO Operating Supplies Theatre Initiative 190268 128 CMI INC Miscellaneous DWI Forfeiture 190142 127 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 190118 126 MULLETT,JACKSON Other Contracted Services Teen Work Program 190154 126 SHAH,VIJAY Other Contracted Services Teen Work Program 190140 125 PRO HYDRO-TESTING LLC Equipment Repair&Maint Fire 190245 125 AMEM Conference Expense Fire 190165 122 STAR TRIBUNE Legal Notices Publishing City Clerk 190332 120 MATERIALS EVALUATION AND ENGIN Other Contracted Services Utility Improvement Fund 190129 119 OSI BATTERIES INC Operating Supplies Traffic Signs 190254 119 BEN MEADOWS Supplies-General Bldg City Hall-CAM 190415 118 KEEPERS Clothing&Uniforms Fire 190110 115 MINNESOTA ATHLETIC APPAREL Protective Clothing Fire 190264 113 CDW GOVERNMENT INC. Other Hardware Utiltiy Operations-General 190366 111 RADIO TECHNOLOGY INC Equipment Repair&Maint Fire 190350 110 NORTHWEST RESPIRATORY SERVICE EMS Supplies Fire 190258 110 BOUND TREE MEDICAL LLC Operating Supplies Fire 190036 110 ESBENSEN,GEORGE Pension payment-SS/FICA Health and Benefits 190043 108 FREUDENBERG,JASON A Other Contracted Services Teen Work Program 190375 108 SHRED-IT Waste Disposal City Center Operations 190277 107 ECOLAB INC Contract Svcs-Pest Control City Hall-CAM 190093 106 MAHMUTOVIC,DZEVAD Mileage&Parking Community Center Maintenance 190200 103 WHITE,NICOLE Mileage&Parking Therapeutic Recreation Administration 190348 103 NORCOSTCO Operating Supplies Theatre Initiative Check# Amount Vendor/Explanation Account Description Business Unit Explanation 190074 102 INDUSTRIAL AND RESIDENTIAL LIG Operating Supplies Utility Operations-General 190014 101 CHIEF SUPPLY Operating Supplies Police 190096 99 MCCARTHY,BRENNAN Other Contracted Services Teen Work Program 190157 99 SLIGH,MADISON E Other Contracted Services Teen Work Program 190270 97 CULLIGAN BOTTLED WATER Office Supplies Fire 190214 93 BUSINESS JOURNAL,THE Dues&Subscriptions Assessing 190307 92 HOLMES,TOM Other Contracted Services Softball 190006 90 BRIDENSTINE,MADELEINE P Other Contracted Services Teen Work Program 190139 90 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 190216 90 COMCAST Wireless Subscription I.T.Operating 190236 90 TOLL GAS AND WELDING SUPPLY Raecreation Supplies Summer Safety Camp 190290 86 GARELICK STEEL CO INC Equipment Parts Fleet Operating 190309 85 IAFCI MINNESOTA Tuition Reimbursement Police 190327 84 LINDAHL,DAVID Mileage&Parking Eceonomic Development 190271 83 DALE GREEN COMPANY,THE Asphalt Overlay Street Maintenance 190003 81 BERRETH,NATALIE E Other Contracted Services Teen Work Program 190044 81 FREUDENBERG,JESSICA R Other Contracted Services Teen Work Program 190396 81 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 190298 80 GS DIRECT Operating Supplies Engineering 190101 80 METRO DINING CLUB Deposits Escrow 190070 78 HYDROLOGIC WATER MANAGEMENT Repair&Maint.Supplies Park Maintenance 190087 78 KRAEMERS HARDWARE INC Small Tools Water Metering 190321 77 KEEPERS Clothing&Uniforms Fire 190390 75 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 190016 74 COLE,SCOTT Pension payment-SS/FICA Health and Benefits 190069 72 HOWARD,ALEXANDER E Other Contracted Services Teen Work Program 190082 72 JOHNSON,CHASE Other Contracted Sevices Community Center Maintenance 190158 70 SNIPERCRAFT INC Training Supplies Police 190233 66 SJOBERG,GABRIELLE Mileage&Parking Tree Disease 190034 62 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Operating 190226 58 OLD LOG THEATER Operating Supplies Trips 190002 57 BEN MEADOWS Supplies-General Bldg City Hall-CAM 190038 57 FASTENAL COMPANY Equipment Parts Fleet Operating 190041 54 FORDAHL,TAMARA Other Contracted Services Volleyball 190391 52 UPS Equipment Repair&Maint Water System Maintenance 190089 51 LEWIS,STEVEN Refund Water Enterprise Fund 190150 51 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 190031 51 ELECTION SYSTEMS&SOFTWARE IN Equipment Repair&Maint Elections 190025 50 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 190304 50 HERRIG,JEFF Tuition Reimbursement/School Fire 190085 45 KINZEL,SYDNEY S Other Contracted Services Teen Work Program 190286 44 FERRELLGAS Motor Fuels Fleet Operating 190381 44 STREICHERS Clothing&Uniforms Police 190175 41 STRONER,ELIZABETH Operating Supplies Classes/Programs/Events 190359 40 POMP'S TIRE SERVICE INC Tires Fleet Operating 190329 38 LUSHINE,PEGGY E Clothing&Uniforms Arts Initiative 190261 35 CASE,RON Mileage&Parking City Manager 190058 34 HANSON,RUSSELL W Mileage&Parking Classes/Programs/Events 190225 33 OFFICE DEPOT CREDIT PLAN Operating Supplies Community Center Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 190076 32 J H LARSON COMPANY Supplies-Electrical Community Center Maintenance 190055 31 HAGSTROM,SAMANTHA JO Refund Police 189995 31 AT&T MOBILITY Pager&Cell Phone Park Maintenance 190030 30 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Parks Administration 190083 30 KEATING,RYAN Org Athletic League Fees Softball 190009 29 CAMPBELL KNUTSON,P.A. Legal WAFTA 190188 29 UPS Equipment Repair&Maint Public Safety Communications 190256 29 BLOOMINGTON SECURITY SOLUTIONS Supplies-Security Garden Room Repairs 190397 28 WEBER,ANNETTE Refund Community Center Admin. 190071 27 I-STATE TRUCK CENTER Equipment Parts Fleet Operating 190228 27 POWER SYSTEMS Repair&Maint Supplies Fitness Center 190169 26 STEINER,SHARON Operating Supplies Classes/Programs/Events 190217 26 DAY-TIMER Operating Supplies Community Development Admin. 190302 25 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 190328 25 LITTLE,JULIE Events/Adminission Fee Riley-Jaques Barn 190046 22 GINA MARIAS INC Office Supplies Fire 190166 20 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 190167 20 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 190168 20 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 190336 20 MGIA Tuition Reimbursement/School Police 190351 20 PARKER,CATHERINE Refund Communtiy Center Admin 190106 19 METROPOLITAN FORD Equipment Parts Fleet Operating 190194 18 WADNAL,ERIC E Other Contracted Services Teen Work Program 190035 16 ERHARD,BEVERLY Refund Community Center Admin. 190119 16 NELSON,KATHERINE refund Community Center Admin. 190060 15 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Park Maintenance 190413 13 COMCAST Dues&Subscriptions Fire 190308 13 HUMPHREY,KATE Operating Supplies Oak Point Lessons 190103 12 METRO FIRE PROTECTION Cash Over/Short General Fund 190084 10 KEEPERS Clothing&Uniforms Fire 190114 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 190335 8 METROPOLITAN FORD Equipment Parts Fleet Operating 190185 8 TURFWERKS Operating Supplies Street Maintenance 190387 5 TRANS ALARM INC Cash Over/Short General Fund 2,751,353 Grand Total City of Eden Prairie Purchasing Card Payment Report 8/20/2009 Payment to US Bank Amount Explanation Vendor Account Description Business Unit 77 US-Water Leak Supplies MENARDS Repair&Maint.Supplies Water System Maintenance 225 US-'08PopularReportAward GOVERNMENT FINANCE OFFICERS AS Awards Finance 507 US-2 Video Cameras FLIP VIDEO Video&Photo Supplies Communications 35 US-Ads for Play Auditions PAYPAL INC Advertising Theatre Initiative 703 US-Aquatic Clothing ADOLPH KIEFER&ASSOCIATES Clothing&Uniforms Pool Lessons 246 US-Aquatic Swim Bars ADOLPH KIEFER&ASSOCIATES Recreation Supplies Oak Point Lessons 72 US-Around Town Program CENTENNIAL LAKES PARK Special Event Fees SC-Around Town 92 US-Art Camp Supplies MICHAELS-THE ARTS&CRAFTS S Recreation Supplies Arts Center 100 US-B-Day Party Supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Birthday Parties 11 US-Bipolar Transistor NEWARK Repair&Maint.Supplies Public Safety Communications 85 US-Birch Island Park Suppl. MENARDS Improvements to Land Park Acquisition&Development 8 US-Blog TIGER TECHNOLOGIES Software IT Operating 25 US-Boiler License Renewal DEPARTMENT OF LABOR AND INDUST Licenses,Permits,Taxes Water Treatment Plant 232 US-Council Workshop Food JASON'S DELI Miscellaneous City Council 46 US-Data Collection Supplies OFFICEMAX CREDIT PLAN Office Supplies Utility Operations-General 16 US-Day Camp Craft Suppl. WALMART COMMUNITY Operating Supplies Day Camp 11 US-Degree Verification NATIONAL STUDENT CLEARINGHOUSE Other Contracted Services Organizational Services 18 US-Dinner-WatermainBreak ARBY'S Repair&Maint.Supplies Water System Maintenance 66 US-E.P.Fire Dept.Dinner MILIO'S SANDWICHES Operating Supplies Fire 25 US-EDAM Event ECONOMIC DEVELOPMEMNT ASSOCIAT Conference Expense Community Development Admin. 34 US-EPCC Flowers-Annuals HALLA NURSERY INC Operating Supplies Community Center Admin 40 US-E-Permit Web Security PAYPAL INC Equipment Repair&Maint IT Operating 92 US-Expire Tabs for Café ECOLAB Operating Supplies Concessions 58 US-Face Painting-Oct.Event DISCOUNT SCHOOL SUPPLY Operating Supplies Specialty Fitness Programs 55 US-Flowers for Employee BACHMANS CREDIT DEPT Deposits Escrow 51 US-Flowers for Employee BACHMANS CREDIT DEPT Deposits Escrow 57 US-Flowers for Employee BACHMANS CREDIT DEPT Deposits Escrow 51 US-Flowers for Employee FTD.COM Deposits Escrow 22 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 46 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 18 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 21 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 18 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 132 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 38 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 22 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 28 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 41 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 26 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 53 US-Food for Senior Trip PASTRAMI JACK'S Operating Supplies Trips 2,250 US-Forensic Software SUSTEEN INC Miscellaneous IT Operating 17 US-Forestry Supplies KRAEMERS HARDWARE INC Operating Supplies Tree Disease 9 US-Frame for LEEP OFFICEMAX CREDIT PLAN Training Supplies Organizational Services -99 US-Fraud Charge Reversal US BANK Deposits Escrow 16 US-Golf Tournament Suppl. WALMART COMMUNITY Operating Supplies Classes/Programs/Events 36 US-Heart Safe EP Plaques OFFICE DEPOT CREDIT PLAN Operating Supplies Fire 63 US-Heart Safe EP Plaques OFFICE DEPOT CREDIT PLAN Operating Supplies Fire 191 US-Heaters and Blowers S&J'S DISCOUNT TOOLS Repair&Maint.Supplies Water Treatment Plant 56 US-HRIS Presentation DAVANNI'S PIZZA Training Supplies Organizational Services 30 US-HVAC Boot ACE SUPPLY CO.,INC Repair&Maint.Supplies City Hall-CAM 885 US-IABC Conference IABC Conference Expense Communications 12 US-Irrigation Supplies MENARDS Repair&Maint.Supplies Park Maintenance 2,844 US-June'09 BldgSurcharge DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 870 US-June'09 BldgSurcharge DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 155 US-June'09 BldgSurcharge DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -77 US-June'09 BldgSurcharge DEPT OF LABOR&INDUSTRY Other Revenue General Fund 153 US-K9 Trails Training AMERICINN Tuition Reimbursement/School Police 11 US-Kidstock Concert Suppl. RAINBOW FOODS INC. Operating Supplies Staring Lake Concert 26 US-Lake Riley Safety Camp DAIRY QUEEN Operating Supplies Riley Lake Beach 100 US-LandConservationConf UNIVERSITY OF MINNESOTA Conference Expense Planning 50 US-Landscape Block MENARDS Landscape Materials/Supp Park Maintenance 54 US-LandscapeBlock&Caulk MENARDS Operating Supplies Park Maintenance 36 US-LifeJackets-CanoeProg GANDER MOUNTAIN Operating Supplies Outdoor Center 6 US-Live Well Basket-July 4 TURNSTYLE Operating Supplies July 4th Celebration 17 US-LMC ConferenceParking 501 SELF PARK INTERPARK Mileage&Parking Administration 36 US-Locker Room Pins JO-ANN FABRICS Operating Supplies Community Center Admin 63 US-LRT Lunch Meeting RUBY TUESDAY Miscellaneous Community Development Admin. 47 US-Lunch N Learn RAINBOW FOODS INC. Operating Supplies Classes/Programs/Events 220 US-Lunch N Learn-K.Kurt SKILLPATH SEMINARS Training Supplies Organizational Services 31 US-Luncheon Meeting BAKERS'RIBS Miscellaneous Administration 11 US-Maintenance Supplies MENARDS Repair&Maint.Supplies Infiltration/Inflow Study Amount Explanation Vendor Account Description Business Unit 155 US-MCFOA Conference COMFORT SUITES Conference Expense City Clerk 18 US-MCFOA Dinner PRAIRIE BAY Conference Expense City Clerk 18 US-MCFOA Dinner TEQUILA MEXICAN RESTAURANT Conference Expense City Clerk 21 US-Meet.with BAC Member UMBRIA Miscellaneous City Council 9 US-Office Supplies WALMART COMMUNITY Operating Supplies Senior Center Administration 22 US-Owl Pellets DELTA EDUCATION Operating Supplies Outdoor Center 35 US-Paint&Tie-down Straps MENARDS Operating Supplies Park Maintenance 296 US-Parking Permit Passes GREAT AMERICAN BUSINESS PRODUC Office Supplies Community Center Admin 24 US-Party Supplies TARGET Operating Supplies Birthday Parties 29 US-Pitching Machine Cord MENARDS Operating Supplies Park Maintenance 148 US-Pk/Rec Office Supplies OFFICE DEPOT CREDIT PLAN Office Supplies Recreation Administration 11 US-Play Care Supplies DOLLAR TREE STORES,INC. Operating Supplies Day Care 26 US-Play Care Supplies WALMART COMMUNITY Operating Supplies Day Care 200 US-Play Care Supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Day Care 22 US-Playground Snacks WALMART COMMUNITY Operating Supplies Playgrounds 5 US-Playground Supplies WALGREEN'S#5080 Operating Supplies Playgrounds 98 US-PlaygroundCamp Suppl WALMART COMMUNITY Operating Supplies Playgrounds 49 US-PlaygroundCamp Suppl WALMART COMMUNITY Operating Supplies Playgrounds 45 US-Printer Ink for#148 OFFICE DEPOT CREDIT PLAN Operating Supplies Traffic Signals 192 US-Prior Lake Boat Trip PASTRAMI JACK'S Operating Supplies Classes/Programs/Events 159 US-ProshopVending-Resale SPORTS WORLD USA INC Merchandise for Resale Concessions 501 US-Public Training Signage SIGN PRO Training Supplies Utility Operations-General 5 US-Punch-ClaboRetirement CUB FOODS EDEN PRAIRIE Employee Award Organizational Services 13 US-Purgatory Bldg Repair MENARDS Operating Supplies Park Maintenance 53 US-PurgatoryFountain Supp MENARDS Equipment Repair&Maint Park Maintenance 10 US-PurgatoryFountain Supp MENARDS Equipment Repair&Maint Park Maintenance 26 US-PurgatoryFountain Supp MENARDS Equipment Repair&Maint Park Maintenance 239 US-Red Cross Lesson Info STAYWELL COMPANY,THE Licenses,Permits,Taxes Oak Point Lessons 156 US-Refrigerator for Camp WALMART COMMUNITY Operating Supplies Day Camp -50 US-Refund S&S WORLDWIDE Capital Under$2,000 Day Care -6 US-Refund 1 Ticket GUTHRIE THEATER Special Event Fees Adaptive 340 US-Registrations Boxes DISPLAYS2GO Operating Supplies Communications 188 US-Rescue Tools GALLS INC Operating Supplies Fire 175 US-RetireGift Certif-B.Clabo BEST BUY Employee Award Organizational Services -9 US-Return OFFICE DEPOT CREDIT PLAN Operating Supplies Fire -18 US-Return OFFICE DEPOT CREDIT PLAN Operating Supplies Fire -41 US-Return MENARDS Repair&Maint.Supplies Park Maintenance 16 US-Round Lake Supplies MENARDS Operating Supplies Park Maintenance 103 US-Safety Camp Set-up DAVANNI'S PIZZA Operating Supplies Fire 153 US-Safety Camp Supplies WALMART COMMUNITY Operating Supplies Safety Camp 19 US-Safety Camp TakeDown KOWALSKI'S MARKET Operating Supplies Safety Camp 27 US-Safety Equip.Container ALCO DISCOUNT STORE Operating Supplies Utility Operations-General 86 US-SafetyCampBikes&Suppl WALMART COMMUNITY Operating Supplies Safety Camp 52 US-Saw Blade&Elec.Suppl MENARDS Operating Supplies Park Maintenance 41 US-Senior Center Irrigation MENARDS Repair&Maint.Supplies Park Maintenance 2 US-Senior Center Irrigation MENARDS Operating Supplies Park Maintenance 1 US-Senior Movie Rental REDBOX DVD Operating Supplies Classes/Programs/Events 33 US-Senior Salad Luncheon CUB FOODS EDEN PRAIRIE Operating Supplies Classes/Programs/Events 109 US-Senior Salad Luncheon OLIVE GARDEN Operating Supplies Classes/Programs/Events 50 US-Senior Salad Luncheon RAINBOW FOODS INC. Operating Supplies Classes/Programs/Events 349 US-Sire Confer-MikeHutter EXPEDIA Conference Expense IT Operating 207 US-SLCS Sound Equipment SWEETWATER MUSIC TECHNOLOGY DI Capital Under$2,000 Staring Lake Concert 60 US-SLCS Sound Equipment SWEETWATER MUSIC TECHNOLOGY DI Capital Under$2,000 Staring Lake Concert 98 US-Snacks-Safety Camp TARGET Operating Supplies Safety Camp 27 US-SoddingSupplies-Sr Ctr MENARDS Operating Supplies Park Maintenance 333 US-Spinning Bike Orientat. SPINNINGSTORE.COM Training Supplies Fitness Classes 86 US-Stadium Field Roller MENARDS Operating Supplies Park Maintenance 454 US-Stainless Bolts for Valve FASTENAL COMPANY Repair&Maint.Supplies Water System Maintenance 24 US-Stencils for Signs MENARDS Operating Supplies Park Maintenance 18 US-Supplies NEWARK Repair&Maint.Supplies Public Safety Communications 15 US-SurvivalCamp Bandanas ORIENTAL TRADING Operating Supplies Outdoor Center 15 US-Team Tennis Registrat. USTA Operating Supplies Tennis 15 US-Team Tennis Registrat. USTA Operating Supplies Tennis 42 US-Theatre Tickets GUTHRIE THEATER Special Event Fees Adaptive 11 US-Tickets-Sat Night Out STAGES THEATRE COMPANY Special Event Fees SC-Teen Programs 40 US-Train.EPPC Employees NETA Tuition Reimbursement/School Fitness Classes 79 US-Train.EPPC Employees NETA Tuition Reimbursement/School Fitness Classes 79 US-Train.EPPC Employees NETA Tuition Reimbursement/School Fitness Classes 79 US-Train.EPPC Employees NETA Tuition Reimbursement/School Fitness Classes 895 US-Training-Chris Millard RESOLUTION VIDEO INC Tuition Reimbursement/School Police 245 US-Training-John Undesser SPRUNG TRAINING SYSTEM Conference Expense General Facilities 360 US-Training-Matt Sackett IACP Tuition Reimbursement/School Police 85 US-Train-Linda Williams UNIVERSITY OF MINNESOTA Tuition Reimbursement/School DWI Forfeiture 85 US-Train-R.Gulden-Bobbitt UNIVERSITY OF MINNESOTA Tuition Reimbursement/School DWI Forfeiture 188 US-Turf Restoration Suppl. AAA LAMBERTS LANDSCAPE PRODUCT Repair&Maint.Supplies Water System Maintenance Amount Explanation Vendor Account Description Business Unit 47 US-Two Shovels HOME DEPOT CREDIT SERVICES Small Tools Street Maintenance 40 US-UB Online Processing PAYPAL INC Bank and Service Charges Utility Operations-General 40 US-UB Recur.Credit Cards PAYPAL INC Bank and Service Charges Utility Operations-General 42 US-Video Converter MY CABLE MART Miscellaneous IT Operating 27 US-Wacky Water Camp CHASKA COMMUNITY CENTER Special Event Fees Wet and Wild 43 US-Wacky Water Camp MAPLE GROVE PARKS&RECREATION Special Event Fees Wet and Wild 123 US-Washer Repair REASONABLE APPLIANCE REPAIR Equipment Repair&Maint Utility Operations-General 26 US-Wasp&Hornet Spray MENARDS Operating Supplies Park Maintenance 194 US-WeaponClean./Repair BROWNELLS INC. Training Supplies Police 156 US-WeaponClean./Repair BROWNELLS INC. Training Supplies Police 16 US-Weed Killer for Beds HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Street Maintenance 21,947 Grand Total CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2009- A RESOLUTION ENDORSING THE RECOMMENDATION OF THE SOUTHWEST TRANSITWAY'S TECHNICAL ADVISORY COMMITTEE CONCERNING THE RECOMMENDATION OF ROUTE 3A AT THE LOCALLY PREFERRED ALTERNATIVE FOR THE SOUTHWEST TRANSITWAY WHEREAS,the Eden Prairie City Council unanimously endorsed the selection of what is now known as Route 3A in City Council Resolution 2002-174 on October 15, 2002 and again in City Council Resolution 2006-138 on December 12, 2006; and WHEREAS,the Southwest Transitway's Technical Advisory Committee has unanimously recommended the selection of Route 3A as the locally preferred alternative for the Southwest Transitway; and WHEREAS, the City Council desires to reaffirm its support for the selection of Route 3A. NOW, THEREFORE, BE IT RESOLVED THAT: The Eden Prairie City Council reaffirms its support and preference for Route 3A for the Southwest Transitway and recommends to the Hennepin County Regional Rail Authority and the Metropolitan Council that Route 3A be selected as the Southwest Transitway's locally preferred alternative. ADOPTED by the Eden Prairie City Council this 15th day of September, 2009. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Report of the City Manager September 15, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.1. Scott H. Neal, City Manager Revised Grant Application to the Energy Efficiency& Conservation Block Grant Program Requested Action Move to: Approve the City's revised grant application to the Energy Efficiency& Conservation Block Grant program. Synopsis The Council approved a preliminary application to the federal government's Energy Efficiency & Conservation Block Grant (EECBG)program on May 19, 2009. Following the Council's approval of the preliminary application, City staff and consultants performed an initial engineering analysis of the application's component projects. The results of that analysis have caused staff to make several recommended changes to the list of component projects. The recommended changes are indicated on the attached matrix. Staff observed two guiding principles during the process of choosing component projects for this grant application. First, we have proposed projects that were already included in our proposed capital improvement plans. The grant funds will be used to replace local funds we were planning to spend on planned projects. Second, we wanted the projects funded by these grant funds to produce an identifiable annual operational cost savings. During the pre-application engineering analysis, we also identified a third guiding principle— that we should prefer projects that would leverage additional public or private funds for the benefit of the City. I'm pleased to inform the Council that our list of proposed projects, if approved, will leverage an additional $96,284 for the City from private utility rebates. Of the component projects on the revised recommended grant application, there is one component that does not meet the first two guiding principles. Staff is recommending that $89,530 of grant funds be used for the construction of new trails. This new component is consistent with the first guiding principle. We are proposing to spend the grant funds on trail projects that are part of the City's approved trail master plan. Spending these grant funds on trails will replace/supplement our local trail spending thereby enabling the City to stretch its trail construction resources further. However, I don't think that I can say that this project component meets the second test in that it does not create an annual operating cost savings. The proposed revised EECBG application is consistent with the federal government's program rules. This application, if approved by the Council, will be approved by the federal government resulting in an award of$627,000 in federal EECBG grant funds to the City. Despite the fact that it will not produce an annual operating cost savings, the expenditure of these grant funds on our trail system will provide both financial and amenity benefits to the residents of Eden Prairie. I believe it is in the City's best interest to proceed with the submission of the proposed revised EECBG application. I recommend the City Council approve this motion and authorize the submission of the revised EECBG application. Attachments Spreadsheet Projects for the Energy Conservation Block Grant Original Revised Estimated Building Project Budget Budget Rebates Comments City Center Variable flow primary chilled water $200,000 $234,696 $21,951 Ventilation System Improvements. conversion,MUA Coil,one Rooftop Unit, * Make improvements to existing centralized cooling system. demand control ventilation * Achieve cooling system energy reductions of 5 to 10%. * A centralized cooling system can reduce the load on the heat pumps and achieve an energy savings. * The Make Up Air rooftop unit(MUA)for the Education Center is over 20 years old and repairs have begun to exceed the value of the unit. * It should be replaced with a more energy efficient unit with a cooling coil to take advantage of a centralized cooling system. * These components have been budgeted in 2008 and 2009 but keep getting postponed because of funding issues. City Center Energy Management System $100,000 $183,584 $25,000 Install new"Open Protocol"Energy Management System(EMS). * Our current EMS is approaching 20 years old. * Annual maintenance has been averaging$15,000 to$20,000. * The current EMS system is a"proprietary"system. * Only one service company in the State of Minnesota can service this equipment and their service record has been very poor. * Being the sole local provider,the service company does not provide competitive pricing. An"open protocol"system would allow competitive bidding. * Replacement parts are difficult to obtain and are usually re-manufactured/re-built. * McKinstry had planned to replace the operating system with an"open protocol"Tridium system,but the field controllers are old and will not communicate with other"open protocol"systems. Replacing the operating system without upgrading the field controllers minimizes the benefit of the new operating system. * Replacement of the EMS will become a budget concern if we do not replace it now. We would replace it with an"open protocol"BacNet system,such as the new one we installed at the Community Center two years ago,which means nearly a dozen contractors in the Twin Cities can provide service and equipment. If our current maintenance costs continue,we could replace the EMS now with enough maintenance and energy savings for a payback of 8-12 years. Comm Center Heat Exchanger for Dehumid for Rink 1 $220,000 $52,074 $49,334 Replace the Dehumidifier for Rink 1 * The current system is over 20 years old and has been averaging$4000 per year in maintenance. * Due to"fogging"issues,we will need to replace it in the near future,and this will become a budget concern. * The"like for like"replacement was not required and improvements to control and modifications in duct work will allow the Munters unit to condition air to both rinks solving the dehumidification issue. Various LED Parking Lot&Building Lighting $80,000 $135,000 $0 Install LED parking lot and building lighting *We currently have excellent performance of LED fixtures at City Center,Water Treatment Plant and Fire Stations. * Install similar fixtures at Den Road,the Art Center,Miller Park,Starring Lake,Round Lake and all other shelters. * LED lighting uses about 60%less electrical energy than the existing Metal Halide lighting current in use. * LED lighting lasts about 4 times longer than Metal Halide lighting. Since many of these lights are"security"related lights,we cannot wait until several bulbs need to be replaced to schedule service. Individual trips are costly,so less frequent service intervals saves maintenance costs. All Park Trails $0 $89,530 $0 Due to significant reductions in costs for implementing the above improvements,there were funds available for other scopes of work. The EECBG funds will be used to add park trails as part of the overall project. These trails are currently planned for 2010 construction and will result in a reduction in capital investment in 2010 for these trails. All McKinstry Consulting&Engineering $27,000 $28,101 Consulting for engineering,project management and energy savings verification as required by the Energy Conservation Stimulus Plan. Total $627,000I $722,985 EECBG Grant $627,000 $626,700 Estimated Rebates $0 $96,284 Sub Totals $627,000 $722,985 $722,985 Net Project Cost $0 $0 CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director September 15, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.1 Jay Lotthammer, Director, Acknowledge Friends of the Eden Prairie Art Parks and Recreation Center Contribution Motion Move to: Adopt resolution accepting gift of$8,200.56 from Friends of the Eden Prairie Art Center. Synopsis The Friends of the Eden Prairie Art Center wish to make a contribution to be used for art making equipment and supplies such as; clay, kilns and pottery wheels. The money is being dispersed from the Eden Prairie Foundation. This is a similar process used for the Veterans Memorial. Background In April of 2008, the Eden Prairie City Council officially accepted a gift of a 5,400-square-foot building from the family of the late Roger Sampson, who built the building as a place to create art. In order to help fund renovations and equipment purchases, a fundraising campaign was initiated. In addition to city staff efforts, a group called the Friends of the Eden Prairie Art Center was formed. The Friends of the Eden Prairie Art Center is a group of Eden Prairie residents who have come together with a common goal of securing funding to give life to the Eden Prairie Art Center and foster creativity in the community for many years to come. The Friends of the Eden Prairie Art Center have offered several fundraising events. The money that has been raised is held in an account with the Eden Prairie Foundation and is dispersed to the City of Eden Prairie upon request and submission of invoices. Attachment Resolution Copy of Check/Receipt • 20562 0562.:. EDEN PRAIRIE FOUNDATION FLAGSHIP BANK MINNESOTA 8080 MITCHELL ROAD EDEN PRAIRIE,MN 55344 EDEN PRAIRIE,MN 55344 75-788-919 8/10/2009 9 O PAY TO THE ** o ORDER OF CITY OF EDEN PRAIRIE 8,200.56 fl 3 Eight Thousand Two Hundred and 56/100*************t'.''****,***********,*:,********'***:***************: � �* :, a DOLLARS a _CITTY OE_EDENPRAIRIE 7-`\ 63 3080 MITCHELL ROAD EDEN PRAIRIE, MN 55344 MEMO ORIZEG SIGNATURE / r II Q20562II® I:09 '190 ?E821 2q®ai2 ?EO0 EDEN PRAIRIE FOUNDATION 20562 CITY OF EDEN PRAIRIE 8/10/2009 Party City 9/18/08 16.02 Wal-Mart 9/18/08 5.30 Archiver's 10/06/08 16.00 Wal-Mart Inn 1/n8 16.22 Cheap Joes'Art Stuff 10/01/08 2.3°. Michaels 11/09/08 r0.78 Cheap Joe's Art Stuff 10/01/08 329.72 Minnesota Clay Co. USA invoice#57592 600.86 Minnesota Clay Co. USA invoice#57730 1,059.45 Minnesota Clay Co. USA invoice#56729 6,093.33 Checking - Flagship B 8,200.56 3 RECEIPT DATE - 9 RECEIVED FROM e e3,37_,,cAj) c �t cliZeja, e_,„_.15 2 0 8 DESCRIPTION - d-'t� g7.,c,r t,,. TOTAL AMT:$_ ci D g,�,... . nR AMT (/ ACCT: /•!'', ,.2 . y. / .r FOR ) AMT:$ ACCT: FOR_ AMT:$ ACCT: he City ofEcien Prairie° FINANCE DEPARTMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2009- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of$8,200.56 to be used for supplies and equipment at the Eden Prairie Art Center from The Friends of the Eden Prairie Art Center is hereby accepted by the Eden Prairie City Council. ADOPTED by the Eden Prairie City Council this 15th day of September, 2009. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Report of the Director of Public Works September 15, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.E.1. Public Works Approve Professional Services Eugene A. Dietz Agreement With EPI, Inc. Requested Action Move to: Approve Professional Services Agreement with EPI, Inc. for design and construction phase services to replace the metal roof on the rotunda area of the Water Treatment Plant. Synopsis This Professional Services Agreement will provide construction plans and specifications as well as bidding and construction phase services to remove and replace the metal roof on the rotunda at the Water Treatment Plant. The contract calls for payment on an hourly basis with a not to exceed amount of$96,400. Background Information Staff and the City Attorney's office have been engaged in a process to hold the original Engineer/Designer, Contractors and Suppliers accountable for the failure of the roofing systems at the Water Treatment Plant(WTP). As part of that process, we have engaged Environmental Process, Inc (EPI)to provide the forensic investigative services to establish the cause of the failure. In addition, EPI provided the professional services for the design and construction of the recently completed flat roof portion of the WTP. The metal roof over the rotunda has also failed, but wasn't included in the flat roof project because it was provided by different installers and vendors from the flat roof section. EPI has performed their services to us in an exemplary fashion and it is important that we keep continuity for all of the repairs, since this process may well result in litigation. It is the intention that the designers, contractors and suppliers pay for these repairs. But regardless of the outcome with that possible negotiation/litigation process, the roof needs to be replaced. Staff recommends approval of the motion to hire EPI. Attachments • Professional Services Agreement • Exhibit A-Proposal letter Rev. 8-07-2009 Standard Agreement for Professional Services This Agreement is made on the 15th day of September, 2009, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Environmental Process, Inc., a Minnesota Corporation (hereinafter "Consultant") whose business address is 715 Florida Ave. South, Suite 111, Golden Valley, MN 55426-1700. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Eden Prairie Water Treatment Plant Rotunda Metal Roof Replacement Project 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" (September 10, 2009 letter Proposal for Professional Services) in connection with the Work. The terms of this standard agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. 2. Term. The term of this Agreement shall be from September 15, 2009 through September 1, 2010 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $96,400 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 1 Rev. 8-07-2009 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 2 Rev. 8-07-2009 6. Project Manager and Staffing. The Consultant has designated Charles A. Lane and Denny R. Langer to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The 3 Rev. 8-07-2009 Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 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 4 Rev. 8-07-2009 any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an 5 Rev. 8-07-2009 Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. i. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. Consultant's aggregate liability for claims relating to its professional services will not exceed the professional liability limit required under this Agreement E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All policies, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. 6 Rev. 8-07-2009 A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 7 Rev. 8-07-2009 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME By: Its: 8 Environmental Process, Inc. 715 Florida Avenue South, Suite 111, Golden Valley, MN 55426-1 700 ( Phone: 763-398-3040 • Fax: 763-398-0121 email: epimpls@rconnect.com1H September 10, 2009 Mr. Eugene A. Dietz, P.E. Director of Public Works City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344 Re: Proposal for Professional Services Eden Prairie Water Treatment Plant Rotunda Metal Roof Replacement Project. EPI File No.: 09-086 Dear Mr. Dietz: 1.0 INTRODUCTION Thank you for inviting Environmental Process Inc. ("EPI") to submit this proposal for professional services to design the replacement for the defective metal roof over the Rotunda Area of the Water Treatment Plant ("Rotunda Roof"). The proposal is in response to reports by WTP staff of leakage through numerous areas of the metal roof, especially during heavy rainstorms. EPI has reviewed the Black and Veach design plans, Berwald Roofing Submittals, and performed several inspections of the Metal Roof over the past months in preparation for this proposal. Our understanding of the facts related to the design and installation of the Rotunda Roof and water leakage are summarized below: 1. The 1998 Black and Veach design and related Project Submittals from Berwald Roofing called for a MG McGraph, Inc. MG S-Lock Snap Lock Standing Seam architectural roof system installed over the Rotunda Roof. The MG S-Lock Snap Lock Standing Seam architectural roof system is a pre-engineered system with specific details for installation and flashing. These details include proper design and installation of the roof system at the: 1) Rake; 2) Pitch Break; 3) Wall; 4) Ridge/Hip; 5) Vented Ridge; 6) Valley; 7) Gutter; 8) Standing Seam Profile to securing the seams between adjacent metal panes; and 9) Re-Flashing of the Kalwall Translucent Skylight system on the high section of the Rotunda roof. Proper design and installation of all these details is critical for the water integrity of the roof system. 2. Based upon our review and inspections of the existing roof, several problems were discovered. First, the roof installed in not an MG S-Lock Snap Lock Standing Seam architectural roof system. Rather, the actual roof appears to be designed and fabricated on-site. It is possible that Berwald may have purchased the raw sheet stock from MG McGraph; however, the roof system installed is not the MG S-Lock Snap Lock Standing Seam architectural roof system. Second, none of the critical details identified above are present in the actual installed roof. The actual details were developed in the field. The actual details are not water Water Treatment Plant Rotunda Metal Roof Replacement Proposal Epi Job No.: 09-086 Page 2 tight. Consequently, there are obvious defects in the details that permit water to enter the system. For example, the Pitch Break detail (i.e., where the high end of the sloping roof connects to the brick wall) is open such that I can place my fingers through the opening directly into the interior of the building. This explains why sunlight is visible when viewing the Pitch Break above the Utility Room adjacent to Steve Pitkanen's office. Likewise, the other details lack water tight integrity. Most obvious, the MG McGrath, Inc. product specifications state that the MG S-Lock Snap Lock Standing Seam architectural roof system cannot be radiused or tapered (i.e., the pie shape of the metal panels to fit over the curved Rotunda roof). [Ironically, the MG McGrath, Inc. Web Site features the Eden Prairie WTP Rotunda Area as a marketing project using the MG S-Lock Snap Lock Standing Seam architectural roof system (www.mcgrathshtmtl.com).] We have attached a PDF of this section of the Web Site for your files. 3. Because the design and installation defects are systemic throughout the metal roof, it is not possible to effectively or economically "fix" the numerous localized defects. In comparison, localized defects in a shingle roof can repaired by removing and replacing specific shingles to facilitate local repairs. Unfortunately, a metal roof system cannot be repaired in this manner. Removal or modification of the metal panels permanently deforms the material rendering it useless for reinstallation. Furthermore, the labor cost associated with this approach would be uneconomically, if not impossible. In addition, the Kynar® 500 PVDF paint finish on the exterior metal panels is failing. Due to the height and configuration of the metal roof, all applicable OSHA Fall Protection requirements will have to be used by the Contractors (and any consultants). This will likely require "tie-offs" of all workers and persons on the metal roofs. 2.0 SCOPE OF WORK AND COST ESTIMATE BY WORK PHASE In light of the above situation, it is our opinion that the most economically and practical approach is to remove the entire defective metal roof and install a new metal roof using the appropriate design details and installation practices. Since EPI is very familiar with the design and construction defects with the existing metal roof, we do not need to develop a specification based on destruction testing. Accordingly, we have separated our proposal into two (2) work tasks: 1) Design and Plans / Specifications for the new metal roof system; and 2) Bidding and Construction administration including Photographic documentation of the demolition of the existing roof and the replacement roof system. We have attached our 2009 Fee Schedule. 2.1 Summary of the Work Phases and Cost Estimates We propose to perform the work on an hourly basis with a not-to-exceed estimate without prior authorization from the City for each work tasks below: Phase 1—Design and Plans/Specifications(Bidding Documents). Cost Estimate: $39,600.00 Phase 2—Bidding and Construction Administration. Cost Estimate: $52,800.00 Reimbursable Expenses. Cost Estimate: $4,000.00 Water Treatment Plant Rotunda Metal Roof Replacement Proposal Epi Job No.: 09-086 Page 3 2.2 The scope of work for Phase 1 —Bidding Plans and Specifications is as follows: a. Preparation of registered Architectural/Engineering plans and specifications (Contract Documents) for the purpose of obtaining public (open) bids for the Rotunda Roof replacement (approximately 7,350 square feet). The areas include 1,224 square feet at the top of radius entry; 3,456 square feet at radius around north half of entry; 2,952 square feet at SW and SE sides of entry; and 80 square feet over main entry door. b. This proposal is based on the assumption that the existing roof structural system is code compliant. Fees are not included for structural modifications. c. Provide schematic design plans and specifications with estimated cost of construction for review and approval by Owner. 2.3 The scope of work for Phase 2 — Bidding and Construction Administration is as follows: a. Prepare bid advertisement, submit to Owner for publication. We anticipate that the bids requests will utilize the "Best Value Alternative" process similar to that used on the WTP Flat Roof Replacement Project. Please confirm if this assumption is correct. b. Distribution of plans and specifications to Bidders. c. Pre-bid conference meeting with minutes. d. Review Contractor questions, clarify work scope, Addendums, etc. during bidding. e. Bid opening meeting attendance, Contractor Qualification review, and bid review and recommendation. f. Review Contractor Contract, Insurance, Bonds for Owner/Contractor Agreement, (Prepared by Owner). g. Pre-construction conference meeting with minutes. h. Review Shop drawing and submittal review (schedule, payment schedule of values, samples, etc.). i. Site observations during construction during construction. An Architect's Field Report will be prepared for each site observation. An estimated maximum of sixteen (16) site observations and Architect's Field Reports are included. [The exact number of required site observations will become known as the actual roof work proceeds. This estimated number of site observations can be adjusted (i.e., more or less) as conditions are known and as agreed to by both the Owner and EPI.] Additional site observations and field reports during construction will be Water Treatment Plant Rotunda Metal Roof Replacement Proposal Epi Job No.: 09-086 Page 4 extra @ $600.00 per visit with prior approval from the City. j. Contractor payment request and lien waiver verification reviews. k. Contractor/Owner change order requests and execution. 1. Final punch list site observation with documentation and preparation of punch list. m. Preparation of the substantial completion document at the project completion. n. Collect and assemble contractor closeout documents, Lien Waivers, IC-134, and contractor as-built plan submittal to Owner. 3.0 CLIENT RESPONSIBILITIES This proposal is based on the following client responsibilities. 3.1 Provide the existing and/or as-built building plans & specifications (Architectural, Structural, Mechanical, and Electrical). 3.2 Provide the existing and/or as-built roof system plans & specifications. 3.3 Provide any required documents to be inserted in the contract document. 3.4 Provide review of EPI's contract documents before bidding. 3.5 Provide access to the building and roof areas as needed. Please contact us if you require any additional information or have any questions. As with our work on the Water Treatment Plant Flat Roof project, Denny Langer, PE and I will perform all the EPI work tasks for the WTP Metal Roof Replacement Roof project. We will also document with PhotoLogs of all existing conditions during the demolition of the existing roof and installation of the replacement roof for record purposes. Sincerely: Environmental Process, Inc. Charles A. Lane, IFCTM, AIA, CID, SE, PE, CIH, CSP President/CEO 9,1..s- Denny R. Langer, PE Senior Engineer/Project Engineer Copy: EPI File No. 09-086