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HomeMy WebLinkAboutCity Council - 04/20/2010 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,APRIL 20, 2010 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 BUDGET ADVISORY COMMISSION: Annette Agner, Eapen Chacko, Richard King (Vice Chair), Jon Muilenburg, Richard Proops, Gwen Schultz, Don Uram(Chair) Heritage Room II I. JOINT MEETING WITH THE BUDGET ADVISORY COMMISSION Council Chamber II. OPEN PODIUM III. OPEN FORUM III. ADJOURNMENT Date: April 5, 2010 To: City Council Members Scott Neal, City Manager Sue Kotchevar, Finance Manager From: Don Uram, BAC, Chair RE: Potential BAC Study Subjects The Budget Advisory Commission met with staff on March 30 to prepare a work plan for the upcoming year. The commission reviewed a list of ideas ranging from the commission's basic mission to a number of special projects. The following represents the commission's prioritized work plan. The commission is interested in Council feedback and input on the proposed work plan at the joint meeting between the Council and BAC on April 20. The proposed work plan is divided into four sections. The first section is the commission's basic mission. The second, third and fourth sections are special projects which the commission has reviewed and prioritized, according to the interest, impact and skill sets of the commissioners. The Budget Advisory Commission's key mission: 1. Capital Improvement Plan: Review and Comment—The BAC would review the proposed capital improvement plans providing their comments to Council and staff The BAC would review and comment on the proposed CIP through the lens of the City's operational mission components: Core,Non-Core and Support Services. 2. 2011 Operating Budget: Review and Comment—The BAC would review the proposed 2011 operating budget providing their comments to the Council and staff The BAC would review and comment on the proposed 2011 operating budget through the lens of the City's operational mission components: Core, Non-Core and Support Services. The BAC reviewed a list of 12-15 special projects for study during the upcoming year. The following is a prioritized list of projects the commission believes it can study on behalf of the Council. The commission is interested in the Council's feedback and input on this proposal: 1. Utility Rate Study—The BAC would review the financial aspects of the utility rate study providing their feedback to Council and staff. 2. Fire Department Duty Crew Proposal—The BAC would review the proposed Duty Crew proposal, which is currently included in the approved 2011 budget. The review would include questions about how the proposal's impact on response times; impact on firefighter attraction and retention; impact on the fire relief pension system; and analysis on the impact it might have on the overall quality of the City's public safety response services. 3. Storm Water Management—The BAC would review the financial aspects of the City's storm water management utility, including a review of the impacts of the recent MPCA Schedule of Compliance. 4. Eden Prairie Community Center—The BAC would review the current Cost Recovery Expectation and financial performance of the Community Center. 5. Assessing- The BAC would study the value proposition offered to residents by the City's operation of a municipal Assessing Division. The City currently provides property value assessing services for the owners of taxable property within the City of Eden Prairie with a staff of 7.0 FTE with a current annual operating budget of over$900,000 to provide this service. There are, however, other models for providing this service—the most common of which is for the service to be provided by County government. 6. Fleet Services—The BAC would evaluate the value of having an in-house fleet services function compared to other feasible models for that service. The City's fleet services operation includes a staff of 6.0 FTE and an annual operating budget of$1,300,000. 7. City Comparisons—In 2004 City staff completed an in-depth comparative study of the financial condition and operational practices of the City of Plymouth and the City of Eden Prairie. The BAC could manage a new comparative study with perhaps the cities of Eagan or Burnsville. There were two topics the BAC prioritized as important,but felt that both topics were being addressed at the Council level. The BAC asked to be advised by staff as progress occurs on these two topics: 1. Local PSAP—The City operates its own Public Safety Answering Point (PSAP) for 911 dispatching services with 11.0 FTE and an annual operating budget of over$700,000. There are other options for this service, including contracting for it with Hennepin County. It appears that the County is going to conduct a study in the near future of a County-wide dispatching system. 2. Fire Relief Association—The BAC had expressed an interest in assisting the City Council and Fire Relief Association in reviewing the relief association's benefit structure and financial condition. The Council has two representatives on the Board of Directors of the Relief Association. A discussion has started on the Board about the pension system and benefit levels which will come back to the Council for future review and approval. There were also a number of topics the BAC considered, but categorized them into a"Do Not Review"priority level. Those topics include the following: 1. Internal Service Fund Capital Expenditures—The City currently incorporates budgeted capital expenditure costs into the total cost structure of its Information Technology Internal Service Fund and its Facilities Internal Service Fund. The total cost structure is the basis for the computation of internal service fund (ISF) charges for departmental operating budgets. The BAC could analyze this practice and philosophy and offer its recommendation to staff and to the Council. 2. Human Services Grants—Since the early 1990's, the City has provided grants to local non-profit organizations in order to assist them with their respective missions of providing human services/social services for Eden Prairie residents. The City's past and current allocation of General Fund budget(approximately $100,000) for human services grants is completely discretionary. The City's allocation of CDBG to human services grants is obligatory,but limited to no more than 15% of our annual CDBG total—about $50,000 annually. Should the City continue to provide human services grants from its General Fund? Are there more effective or creative ways for the City to incent the outcomes it is seeking through these grants? 3. Ambulance Service-PSA—City staff believe there are valid public safety, public health and financial reasons for the City of Eden Prairie to also consider operating an ALS ambulance service. The City has previously investigated this proposal, but has not resolved it. The BAC could examine the proposal and offer its recommendation on to proceed. 4. Customer Service Standards—The office architecture and customer service counter staffing levels for Eden Prairie City Center were initially set by the City in the mid-1990's when Eden Prairie was experiencing a period of high residential growth. Times have changed. The BAC could examine this situation and offer ideas and recommendations directly to the city manager. AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, APRIL 20, 2010 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 Ri c 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. HENNEPIN COUNTY LIBRARY UPDATE B. ARBOR DAY PROCLAMATION C. RECOGNITION OF NEW CERT VOLUNTEERS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 23, 2010 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 23, 2010 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, SECTION 11.05—HERITAGE PRESERVATION SITES AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE C. AWARD CONTRACT FOR RECONSTRUCTION OF BITUMINOUS BIKE TRAIL ALONG PORTIONS OF DUCK LAKE TRAIL,VALLEY VIEW ROAD AND EDENVALE BLVD. TO NORTHWEST ASPHALT,INC. CITY COUNCIL AGENDA April 20, 2010 Page 2 D. AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE MILLER PARK PLAY AREA IMPROVEMENTS E. AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE STARING LAKE TRAIL CONNECTION F. AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE RICE MARSH LAKE TRAIL CONNECTION G. AWARD CONTRACT FOR 2010 STREET STRIPING TO AAA STRIPING SERVICE COMPANY, I.C. 10-5766 H. AWARD CONTRACT FOR 2010 BITUMINOUS CRACK SEALING TO PRECISION SEALCOATING INC.,I.C. 20-5766 I. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH GOODPOINTE TECHNOLOGY FOR PAVEMENT EVALUATION SERVICES, I.C. 10-5771 J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUE WATER SCIENCE FOR 2010 WATER QUALITY MONITORING,I.C. 04- 5626 K. APPROVE GRANT AGREEMENT WITH HENNEPIN COUNTY FOR THE LOWER RILEY CREEK STREAMBANK RESTORATION PROJECT,I.C. 08-5717 L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK& ASSOCIATES FOR THE 2010 STORMWATER POND INSPECTION PROGRAM, I.C. 10-5769 M. APPROVE PLANS FOR RIVERVIEW ROAD POND MAINTENANCE PROJECT,I.C. 10-5772 N. ADOPT RESOLUTION DECLARING THE CITY'S OFFICIAL INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF THE PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS O. ANCHOR BANK by Anchor Bank. Request for PUD District Review with waivers on 1.06 acres; Zoning District Amendment within the Commercial Regional Service Zoning District on 1.06 acres and Site Plan Review on 1.06 acres. Location: 12950 Technology Drive. (Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution for Site Plan Review) IX. PUBLIC HEARINGS/MEETINGS CITY COUNCIL AGENDA April 20, 2010 Page 3 A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, SECTION 11.70,RELATING TO NON-COMMERCIAL SPEECH (CAMPAIGN SIGNS) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Road Name Change 2. Pioneer Trail—Cummins Grill House—Riley Lake Park LAWCON Exchange Update C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA WISED DATE: April 16, 2010 TO: Mayor and City Council FROM: Scott Neal, City Manager RE: City Council Meeting for Tuesday, April 20, 2010 TUESDAY, APRIL 20, 2010 7:00 PM, COUNCIL CHAMBER I. ROLL CALL / CALL THE MEETING TO ORDER II. COLOR GUARD / PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium,please contact the City Manager's office at 952.949.8412 by noon of the meeting date with your name, phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium,please contact the City Manager's Office. IV. PROCLAMATIONS /PRESENTATIONS A. HENNEPIN COUNTY LIBRARY UPDATE Ali Turner of Hennepin County Library will provide an update. B. ARBOR DAY PROCLAMATION The Mayor will read the proclamation. C. RECOGNITION OF NEW CERT VOLUNTEERS Synopsis: Fire Staff will read short bios and present certificates to the new CERT members. Mayor Young will assist with presentation of the certificates and join the group for a photo at the completion of the presentations. There will be a special plaque given to Sue Donovan to recognize her for her family's generous donation of $1,000.00 to the CERT program in memory of her late husband, Ken Donovan who passed away in 2009 shortly before he completed his CERT training. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. ANNOTATED AGENDA April 20,2010 Page 2 VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 23, 2010 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 23, 2010 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-0 on the Consent Calendar. A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, SECTION 11.05—HERITAGE PRESERVATION SITES AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE C. AWARD CONTRACT FOR RECONSTRUCTION OF BITUMINOUS BIKE TRAIL ALONG PORTIONS OF DUCK LAKE TRAIL,VALLEY VIEW ROAD AND EDENVALE BLVD. TO NORTHWEST ASPHALT,INC. D. AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE MILLER PARK PLAY AREA IMPROVEMENTS E. AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE STARING LAKE TRAIL CONNECTION F. AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE RICE MARSH LAKE TRAIL CONNECTION G. AWARD CONTRACT FOR 2010 STREET STRIPING TO AAA STRIPING SERVICE COMPANY, I.C. 10-5766 H. AWARD CONTRACT FOR 2010 BITUMINOUS CRACK SEALING TO PRECISION SEALCOATING INC.,I.C. 20-5766 I. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH GOODPOINTE TECHNOLOGY FOR PAVEMENT EVALUATION SERVICES, I.C. 10-5771 J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUE WATER SCIENCE FOR 2010 WATER QUALITY MONITORING,I.C. 04- 5626 ANNOTATED AGENDA April 20,2010 Page 3 K. APPROVE GRANT AGREEMENT WITH HENNEPIN COUNTY FOR THE LOWER RILEY CREEK STREAMBANK RESTORATION PROJECT,I.C. 08-5717 L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK& ASSOCIATES FOR THE 2010 STORMWATER POND INSPECTION PROGRAM, I.C. 10-5769 M. APPROVE PLANS FOR RIVERVIEW ROAD POND MAINTENANCE PROJECT,I.C. 10-5772 N. ADOPT RESOLUTION DECLARING THE CITY'S OFFICIAL INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF THE PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS O. ANCHOR BANK by Anchor Bank. Request for PUD District Review with waivers on 1.06 acres; Zoning District Amendment within the Commercial Regional Service Zoning District on 1.06 acres and Site Plan Review on 1.06 acres. Location: 12950 Technology Drive. (Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution for Site Plan Review) IX. PUBLIC HEARINGS/MEETINGS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, SECTION 11.70,RELATING TO NON-COMMERCIAL SPEECH (CAMPAIGN SIGNS) Official notice of this public hearing was published in the April 8, 2010, Eden Prairie News. Synopsis: The primary election date was changed from the second Tuesday after the second Monday in September to the second Tuesday after the second Monday in August, or August 10t for this year. As a result, the city code must be changed relating to signs. The code change is as follows. "Notwithstanding any other provisions of this Section, all signs of any size containing Non-Commercial Speech may be posted from August 1 46 days before the state primary in any general election year until ten(10) days following the general election and thirteen (13)weeks prior to any special election until ten(10) days following the special election." The Planning Commission voted 6-0 to recommend approval of the code amendment at the March 22, 2010 meeting. I ANNOTATED AGENDA April 20, 2010 Page 4 MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance Amending City Code Chapter 11, Section 11.70, Subdivision 3.H, relating to non commercial speech. 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 XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORTS OF CITY MANAGER 1. Road Name Change 2. Pioneer Trail—Cummins Grill House—Riley Lake Park LAWCON Exchange Update C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. mac. .1 ITEM NO.: IV.B. PROCLAMATION ARBOR DAY — May 1, 2010 WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for homes, fuel for our fires and countless other wood products; and WHEREAS,trees, whenever they are planted, are a source of joy and spiritual renewal; and WHEREAS, Eden Prairie has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree planting ways. NOW, THEREFORE, I, Phil Young, Mayor of the City of Eden Prairie, Minnesota, do hereby proclaim May 1, 2010, as Arbor Day in the City of Eden Prairie, and urge all citizens to support efforts to protect our trees and woodlands and to support our city's urban forestry program; and FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well being of present and future generations. ADOPTED by the Eden Prairie City Council on April 20, 2010. Phil Young, Mayor l ♦ CITY COUNCIL AGENDA DATE: SECTION: Presentations April 20, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.C. Fire Recognition of New CERT members Synopsis: Fire Staff will read short bios and present certificates to the new CERT members. Mayor Young will assist with presentation of the certificates and join the group for a photo at the completion of the presentations. There will be a special plaque given to Sue Donovan to recognize her for her family's generous donation of$1,000.00 to the CERT program in memory of her late husband, Ken Donovan who passed away in 2009 shortly before he completed his CERT training. Background Information: The Eden Prairie CERT program is now over 100 strong and provides a valuable resource in the overall public safety delivery model. CERT members are trained to assist their neighbors with non-life threatening situations until fire and police resources arrive. CERT members are also trained to assist with the management of longer term disaster control in the event Eden Prairie was involved in such a circumstance. ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,MARCH 23, 2010 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 GUESTS: Philip Jones, President of the Fire Relief Association; Aaron Casper, Vice President of the Fire Relief Association Heritage Room II I. JOINT MEETING WITH THE FIRE RELIEF ASSOCIATION Casper said the purpose of the workshop is to provide the City Council with a better understanding of the purpose and function of the Eden Prairie Fire Relief Association. He said a relief association is defined as a"separate governmental entity that receives and manages public money to provide retirement benefits for individuals providing the governmental services from the affiliated fire department, and is governed by its own board of trustees." Under Minnesota statute, "firefighters from each voluntary fire department in Minnesota have the ability to create a pension plan that is administered by a non-profit corporation, known as a volunteer fire relief association . . . " The Eden Prairie Fire Relief Association was incorporated in June of 1968, about a year after the fire department was formed. Casper noted that while the fire department is a department of the city, the relief association is an affiliated but separate entity. The City Council approves the association's pension benefit level and is required to make contributions to fund relief association pension benefits. Each relief association is governed by a board of trustees, which includes three municipal representatives and six trustees elected from the membership. The three municipal representatives of the Eden Prairie Fire Relief Association are Mayor Phil Young, Council Member Ron Case and Fire Chief George Esbensen. A firefighter is fully vested in the pension plan after 10 years of service. Eden Prairie's plan is classified as a monthly/lump sum combination defined benefit plan. The current monthly benefit per year of service is $56. Under the lump sum option, retirees can elect a lump sum payment equal to 100 x $56 x years of service. The majority choose the monthly option. Jones reviewed how the city and state contributions to the fund are calculated and went over a table summarizing actuarial studies and contributions from 2001 to 2009. Jones said the shortfall in 2008 was due to a combination of factors, including a benefits increase, an increase in the number of firefighters, and an investment shortfall. Jones said the fund is professionally managed by a firm called Allodium and the City has had the same investor for the past 10 years. Jones reviewed annualized returns for the Eden Prairie Fire Relief Association from 1996 through 2009. He also compared these returns to those of the State Board of Investments Income Share and all Minnesota Relief Associations. The results are as follows: Annualized Returns 1996-2007 2008 1998-2008 2009 1998-2009 EPFD Relief Association 7.8% -27.0% 1.8% 23.9% 3.3% State Board of Investments Income Share 7.6% -24.4% 1.8% 20.3% 3.1% Percentile Comparisons 1996-2007 2008 1998-2008 2009 1998-2009 All MN Relief Assoications 97% 29% 59% Not Available Jones also reviewed the Eden Prairie Fire Relief Association's fund composition and compared it to the State Board of Investments Income Share. Fund Compositions 12/31/2008 US Stock Int. Bond Cash Other EPFD Relief Association 28.5% 26.8% 27.6% 8.4% 8.7% State Board of Investments Income Share 60.0% 0.0% 35.0% 5.0% 0.0% Council Member Duckstad asked what types of plans other municipalities use and whether those cities bear the risk for those types of plans. Jones said a number of metro cities use the defined benefit plan. He said cities do bear risk in both types of defined benefit plans. Council Member Case asked if the City or the Relief Association has looked at changing to a lump sum option for future firefighters. Esbensen said that option has not been explored. He said he believes Eden Prairie's recruitment program is highly successful in part because of the benefit plan it offers. Council Chamber II. OPEN PODIUM HENNEPIN VILLAGE SITE B Eden Prairie resident Jane Plaza urged the Council to deny the Hennepin Village Site B Land Alteration Permit. She said she is a resident of Hennepin Village and opposes the land alteration permit because there is no approved development plan in place for the site. She is concerned about the effects of hauling, particularly on the spring. She asked if the Mayor and Council Members have received campaign contributions from Dan Herbst or Pemton. A graduate student who said he is a resident of Eden Prairie urged the Council to look at long term gains versus short term gains when considering further development in Hennepin Village. He said the proposed road and bridge will be detrimental to Hennepin Village and could adversely affect the spring. III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES - EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 23, 2010 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 Gene 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 7:00 PM. All Council Members were present. II. COLOR GUARD /PLEDGE OF ALLEGIANCE Mayor Young thanked Cub Scout Pack 497, sponsored by the Eden Prairie AM Rotary, for presenting the colors. III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. DWI ENFORCEMENT AWARD Police Chief Reynolds introduced Bob O'Brien, Metropolitan Safe & Sober Law Enforcement Liaison, who said the Eden Prairie Police Department received a grant for$3,000 which they used for intervention technique driving. He noted the award was well deserved by the Police Department. B. EDEN PRAIRIE READS UPDATE Jody Russell, representing Eden Prairie Reads, reviewed their upcoming activities which will include the Eat Local Eden Prairie Fair and a panel discussion of the book,Animal, Vegetable, Miracle, by Barbara Kingsolver. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.1.Neal added Items XIV.B.2 and 3. MOTION: Duckstad moved, seconded by Case, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES CITY COUNCIL MINUTES March 23,2010 Page 2 A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 9, 2010 MOTION: Aho moved, seconded by Case, to approve the minutes of the City Council Workshop held Tuesday, March 9, 2010 as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 9, 2010 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the City Council Meeting held Tuesday, March 9, 2010 as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. ARTS & CULTURE COMMISSION UPDATE Elizabeth Petry-Lee, representing the Arts & Culture Commission, gave a presentation on their 2009 activities and their work plan for 2010. She noted it takes many volunteer hours, donations and grants to support their programs. She said the Friends of the Art Center are involved in fund raising for the Art Center. VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2010-24 AUTHORIZING HENNEPIN YOUTH SPORTS GRANT PROGRAM SUBMISSION FOR ROUND LAKE SKATE PARK IMPROVEMENTS C. ADOPT RESOLUTION NO. 2010-25 AUTHORIZING HENNEPIN YOUTH SPORTS GRANT PROGRAM SUBMISSION FOR MILLER PARK BASEBALL AND SOFTBALL FIELD IMPROVEMENTS D. AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS FOR TRAIL OVERLAY ALONG ANDERSON LAKES PARKWAY, HOMEWARD HILLS RD.,AND WEST 7811(HIGHWAY 5) E. AWARD CONTRACT FOR 2010 MAINTENANCE MATERIALS, I.C. 10-5763 F. AWARD CONTRACT FOR STUDY AREAS 1 AND 2 OF THE LOWER MIN RIVER WATERSHED DISTRICT EROSION STABILIZATION PROJECT TO MACHTEMES CONSTRUCTION, I.C. 07-5698 G. AWARD CONTACT FOR THE 2010 ROTUNDA METAL ROOF REPLACEMENT PROJECT ATOMIC ARCHITECTURAL SHEET METAL H. APPROVE 2009 FUND TRANSFERS CITY COUNCIL MINUTES March 23,2010 Page 3 I. APPROVE AN AMENDMENT TO THE GRANT OF EASEMENT AGREEMENT FOR LOT 1 BLOCK 1 CASTLE RIDGE 2ND ADDITION J. APPROVE CONTRACT WITH BERGERSON CASWELL INC. TO UPGRADE MUNICIPAL WELL NO. 8 K. ADOPT RESOLUTION NO. 2010-26 AUTHORIZING ACQUISITION OF EASEMENTS FOR SINGLETREE LANE IMPROVEMENT PROJECT MOTION: Duckstad moved, seconded by Case, to approve Items A-K on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. GRACE CHURCH PRELIMINARY PLAT by Grace Church. Request for Preliminary Plat on 57 acres into two lots. Location: 9301 Eden Prairie Road. (Resolution No. 2010-27 for Preliminary Plat) Neal said official notice of this public hearing was published in the March 11, 2010,Eden Prairie News and sent to 48 property owners. The Metropolitan Airports Commission(MAC) wants to buy proposed lot 2. According to the long range plan for the airport,proposed lot 2 is part of the Runway Protection Zone (RPZ). Both lots conform to the requirements of the Public Zoning District. The 120-day review period expires on May 12, 2010. The Planning Commission voted 7-0 to recommend approval of the project at the March 8, 2010 meeting. There were no comments from the audience. MOTION: Case moved, seconded by Nelson, to close the public hearing, and to adopt Resolution No. 2010-27 for preliminary plat on 56.5 acres into 2 lots. Motion carried 5-0. B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, SECTION 11.05—HERITAGE PRESERVATION SITES Neal said official notice of this public hearing was published in the March 11, 2010,Eden Prairie News. Part of the 2009 approved work plan for the Heritage Preservation Commission was to review the code on Heritage Preservation Sites (adopted 1990) and determine if amendments should be made. The Director of Community Development presented a report to the City Council relating to proposed changes to the Heritage Preservation Site section of the code on February 15, 2010. The purpose of the code update is to address the following areas. 1. Definitions—The current code has 2 definitions. The proposed code has 25 definitions. 2. Permit Process—The current process requires Heritage Preservation Commission, Planning Commission, and City Council approval before any changes can be made to the exterior of a building. The proposed change would CITY COUNCIL MINUTES March 23,2010 Page 4 allow minor amendments to be reviewed by staff 3. Removal of a Heritage Preservation Site—The code does not have a process for this. This is needed in case a building is destroyed or damaged by peril. 4. Heritage Preservation Site Alteration Permit—The term has been changed to Certificate of Appropriateness. The process for getting one is unchanged. Neal said the Planning Commission voted 5-0 to recommend approval of the code amendment at the January 25, 2010 meeting. The Heritage Preservation Commission voted 6-0 to recommend approval of the code amendment at the December 21, 2009 meeting. There were no comments from the audience. MOTION: Duckstad moved, seconded by Nelson, to close the public hearing, and to approve 1st reading of the ordinance amending City Code Chapter 11, Section 11.05 —Heritage Preservation Sites. Young said it would be helpful in the future when we amend an ordinance to have the old ordinance included in the packet as well as the red-lined version. VOTE ON THE MOTION: Motion carried 5-0. C. LAND ALTERATION PERMIT FOR HENNEPIN VILLAGE SITE B Neal said official notice of this public hearing was published in the March 11, 2010,Eden Prairie News and sent to 281 property owners. A land alteration permit application has been submitted for Hennepin Village Site B to remove approximately 190,000 cubic yards of material from the site with associated tree removal. A development plan called Oak Creek at Hennepin Village was granted preliminary approval by the City Council on September 4, 2007. While this land alteration is not consistent with the approved development plan, it does propose to remove excess material from the site in anticipation of a future development plan on this site. Neal said a public hearing at the Planning Commission was held on February 22, 2010 to consider this land alteration permit. The Planning Commission recommended denial of this permit on a 3-2 vote. However, staff can support approval of this land alteration permit if the conditions outlined in the staff report dated February 22, 2010 and the plans dated February 9, 2010 are followed. A variance is required for the tree replacement in conjunction with the land alteration permit which is a separate council action. Without an imminent development project proceeding on Site B, this land alteration activity could be considered a mining activity. In consideration of recommending approval of this land alteration permit, staff reviewed several key issues related to this permit request including traffic, road maintenance, grading/hauling operations, completion of Eden Prairie Road and Prospect Road, and several environmental concerns. The staff report addresses these issues and recommends conditions to the issuance of the land alteration permit. CITY COUNCIL MINUTES March 23,2010 Page 5 Neal said the Planning Commission voted 3-2 to recommend denial of the land alteration permit application at their February 22, 2010, meeting based on the staff report dated February 22, 2010 and plans dated February 9, 2010. The denial seemed to be based on the project being premature (without an approved development plan) and the extent of impacts of a potential three year grading operation. Dan Herbst, representing Pemtom Land Company, reviewed the purpose of the application and gave a Power Point presentation on the history, development and economic implications of the Hennepin Village project. He noted they were one of the few developers in Eden Prairie who dedicated land and paid park fees. Regarding the staff report of February 22, 2010, he said having a $2,000,000 pending special assessment is contrary to precedent in the City. The plan will have minimal impact on the neighbors, and the soils taken from the site will be offered free for public and private projects. There will be additional costs if they have to remove the material at the time of development, and the savings resulting from removing it now could be used to reduce the price of lots and homes developed there. Case felt there was a de facto special assessment coming for the development anyway. Mr. Herbst replied it would not be anywhere near$2,000,000, and could be 50% less than that. Case said the reality is the actual cost would be divided among the participants. Mr. Herbst said the $2,000,000 would be his portion of the assessment, and it would be hard to market the land with that amount of assessment. Case asked why Mr. Herbst did not agree to the option of seeking a continuance to work out the disagreements with the Planning Commission. Mr. Herbst said before the meeting a couple of Planning Commission members called him to say they had potential conflicts of interest, so he decided to go ahead with what he had. Case asked if he was agreeing to minimally restore Eden Prairie Road after the material is taken out. Mr. Herbst said he thought the City has some plans to repair it, and he would either meet or exceed those requirements. Aho asked if Mr. Herbst would wait to do the land alteration until he had a place to put the soil. Mr. Herbst said he would wait until he had a user and would take out only the amount of material someone wanted at the time. Dietz said he recognized Mr. Herbst has been a very responsible developer in the community but he is asking for something that is out of character. In their response staff tried to provide rationale for what could be the benefit to the City of approval. He said the two most important things going on in the neighborhood are Eden Prairie Road and Prospect Road. Site B would be the catalyst for what happens to those two roads. We have gone through a very exhaustive process on how to do Eden Prairie Road, and we need to have Prospect Road in place before that can happen. He said we are working on a feasibility study but it isn't ready yet. MAC has some additional possibilities for development of their land. He didn't think the cost of the roadway is too arguable, but how we divide it up will be the basis for CITY COUNCIL MINUTES March 23,2010 Page 6 discussion. Until we have rationale for dividing the cost, it is premature to send information to the neighborhood about what their costs will be. Mr. Herbst got preliminary approval through the process, and the not-to-exceed assessment was $1,750,000. It is clear it will be what it is going to be, and that site is really not developable without utilities and road improvements. Unfortunately, the law changed about ten years ago so that we have a not-to-exceed assessment cap. Staff tried to create some important conditions of why to approve the project. We recognize that a lot of what Mr. Herbst says is accurate, and we believe his numbers are accurate. Young asked if the special assessment is based on the preliminary feasibility study. Dietz said we worked on that a couple of years ago but didn't formalize it because the project languished. We are now working on it again. Young asked if it was presented to Mr. Herbst or others at that time. Dietz said he wasn't sure. Young asked if there are other milestones for the development of this site that would provide an opportunity to impose a special assessment against it. Dietz said they gained preliminary approval of the Oak Ridge project which included a special assessment in the developer's agreement, but that agreement was never signed. Young asked if the City anticipates that site B will be developed and at that time we would have the opportunity to have a special assessment included in the developer's agreement. Dietz said there are some ownership issues on the Wuttke property. We would like to have a special assessment agreement in place for the big players in this so we can move the project ahead when it is appropriate to do so. Young asked if the catalyst for Eden Prairie Road might be the development of the Wuttke property. Dietz said that is possible. Duckstad said the packet material stated the Planning Commission looked at this, and they believed it would be premature to grant the permit because there is no approved development plan at the present time. He asked why the commission would be right or wrong about that. Dietz replied the Planning Commission was saying we do not have a signed developer's agreement for something that will move ahead for sure. With the market Mr. Herbst described, we don't know what that project will be. He noted historically we have always had a development that was imminent and had proper bonding before we moved ahead with grading. The marketing issue notwithstanding, Case said he was not sure why the City or Mr. Herbst is concerned now about what will be algorithmically derived down the road. Dietz said he assumed Mr. Herbst was concerned the actual assessment might not be $2,000,000, and the value of the land will probably be reduced by the special assessment that would be set now. He said from our perspective it is important that we have some control over this, and it is important to the neighborhood to get the roads constructed. The Prospect Road project is intended to be fully funded by Site B. Eden Prairie Road will be funded by the costs determined by the feasibility study and will be divided by the number of benefitting units in the neighborhood. Case said he was not hearing we are losing our leverage down the road. Dietz said if Mr. Herbst is the developer of Site B we won't lose the leverage, but if he sells CITY COUNCIL MINUTES March 23,2010 Page 7 the property and the new owner doesn't have the same understanding of what was received for all of Hennepin Village, then we might lose leverage. Young asked if whoever owns Site B ultimately has financial responsibility for Prospect Road as part of the 2002 agreement. Dietz said there is no special assessment regarding that. Prospect Road was there when the project was conceived, and it was a burden on the entire 250 acre development so there might be some difficulties if we narrow the scope to 20 acres. Young said whoever wants to develop Site B needs to negotiate the developer's agreement with us, but he was hearing the only way we could lose leverage is if Site B is no longer considered the catalyst for the improvement of Eden Prairie Road. Dietz noted Prospect Road is about a $600,000-800,000 project. Nelson asked if it was absolutely essential that all the soil be taken off the land. Dietz said it probably is, but we don't know what the final product will be. Without a final plan that is going to development, we don't know if it is essential. That is the reason we have had a history in Eden Prairie of not approving a grading plan until we have a finalized development plan. Nelson noted they would take out a significant portion of mature hardwood trees that can be very valuable to the site for certain types of development. Dietz said the concept for this was single family or detached townhouses. It would be very difficult to get that kind of development put in without taking out at least the amount of trees Mr. Herbst plans, but the question is whether that will be the project. Nelson asked if there is any way to require a percentage of the existing Hennepin Village that has already been built to be the amount required for Prospect Road. Dietz said Site A built Prospect Road between the creek and Spring Road and Sites C and D built Charlson Road between Spring Road and Hwy 212. Getting utilities to Sites A, C and D was a very expensive proposition. What made it so difficult is the location of the neighborhood on the bluff line and along the creek. It is a difficult proposition to grade that area sensitively and it is expensive to develop that area. We are not arguing about doing this grade, but there may be some desirable quid pro quo in order to allow it. Rosow said the Council's ability to make any sort of extractions under a development agreement is largely contingent on the type of proposal. There are variances that are requested and, in exchange for the Council's giving those variances, the Council can require things they believe are in the City's best interests. The City's ability to extract a special assessment agreement would be lost if a development proposal came in that did not require variances. Young opened the public hearing, noting Council Members have read the emails from the neighborhood so comments should be limited to three minutes. Barron Johnson, 10065 Eden Prairie Road, said he is at the far south end of the proposed grading. He said he understood this is a business transaction and he also understood the City has had a policy that generally goes against this type of grading. He said Eden Prairie Road is in very poor repair and he would like to see it CITY COUNCIL MINUTES March 23,2010 Page 8 fixed. He can only imagine how this grading project would destroy what is there. He noted housing starts are down dramatically, sales are down, and it will be a long time before the real estate market recovers. He thought the request is premature. The assessment is another issue, and the residents don't want an assessment on their property. The amount of grading to be done is huge, and there will be thousands of trees lost. Mike Boland, 13579 Berkshire Lane, said the staff report referred to the proposed activity in the area as resembling mining activity, and he thought a mining permit would have been far more appropriate for this activity. We are being asked to set a new and dangerous precedent that would allow mining under the land alteration and grading permit without the restrictions of mining permits and best management practices. The land alteration permit would allow mining from 7:00 AM to 7:00 PM Monday through Friday and 9:00 AM to 7:00 PM Saturday. It would be done without a formal development plan for the site and that would set a precedent. He thought the heavily loaded trucks would damage the roads and shorten their life, and he asked who would pay to fix the roads ten years from now. He did not know how this project benefits the citizens of Eden Prairie. Jack Rhode, 15859 Porchlight Lane, President of the Hennepin Village Master Association, said a mining permit such as this before a development has been approved is wrong. There are builders out there that are in bankruptcy or in difficult financial conditions. He thought the whole Site B should be reconsidered by the City Council. There is nothing in the discussions about what is good for the citizens of Eden Prairie because there is no benefit to the residents around there. Dean Edstrom, 10133 Eden Prairie Road, said his property is located 100 yards south of the site. He thought the City has generally had a policy for the last 30 years or so to not allow grading or mining in advance of a development in hand. There really is no imminent development going in there, and nothing is going to happen very quickly. He thought it is a poor idea to allow material to be removed in advance of a real project, and it may preclude a new project. Jim Jorgenson, 15590 Junegrass Lane, said he wants to be able to take his children to the playground and swimming pool without hearing dump trucks every day and having the road wrecked. He didn't understand why this issue was brought up without a specific plan for development. Keith Johnson, 15553 Lilac Drive, asked why the City would go ahead with the project with zero potential plans on the table right now. The residential real estate market is not coming back for a long time and commercial real estate is crashing so he did not know why we are considering this project. A woman who lives in the area said the mining and cutting of trees will decrease the property values, and they have many foreclosures in the neighborhood now. Prospect Road construction there doesn't make any sense. She was also concerned about the environmental impact from the tree loss in the City. She asked the Council to deny the request and reconsider the Site B plan. CITY COUNCIL MINUTES March 23,2010 Page 9 Molly Glover, 15738 Porchlight Lane, said the proposed construction is too much and she was very concerned about pot holes and damage from rocks on the bad roads. Mark Sonstegard, representing Ryland Homes, said he is the land development manager who might be the one on site working this development with City staff, the State, the Watershed District, the residents and the contractors. He said every site plan he has seen for this site requires a significant amount of fill to be removed. He said the cost to remove the fill at the time of development would be $1,000,000 or more, and the cost to develop Site B is around $5,300,000. This request saves Mr. Herbst some money and also stimulates development in the area. He thought the environmental concerns will be the same either way it is done,but it is easier and less of an impact on the development if we remove the dirt first and worry about development second. Jeff Schoenwetter, 9750 Sky Lane, said it is not a question of if this will be graded some day but when. He thought the time to grade is now, and it will be nearer term to development if it is graded. Eden Prairie currently is not getting its fair share of building permits because of the cost to live here. Pemtom needs to move the project forward to keep costs practical, and we should be looking at affordable homes. Jose Blanco, 9982 Wildflower Drive, said he was a new resident and he didn't want the development. He has seen how much damage uncontrolled development can do in his native country. He was concerned about erosion if they cut trees and the area is destroyed without considering the impact on future generations. Nancy Paleka, 15600 Lilac Drive, said she has seen the damage that occurred from the airport project. They are having difficulty selling what they have already built and are lowering prices drastically. There have been foreclosures and non-payment of dues in the neighborhood. She saw the deforestation done around the airport and could only imagine what will happen when they start this project. John Link, 9756 Cupola Lane, noted almost everyone at the meeting tonight is against this. It comes down to the Council voting with the citizens or with the developer. David Carroll, 9776 Cupola Lane, said one of the problems with the economics of developing Site B is the cost of Prospect Road. There are alternatives to Prospect Road. He recommended the permit be denied and a real estate assessment of the emergency service road across MAC property be made. MOTION: Duckstad moved, seconded by Aho, to close the public hearing. Motion carried 5-0. Mayor Young called a break at 9:00 PM. He reconvened the meeting at 9:10 PM. Dan Herbst said there is no question this is one of the premier sites left in the Eden Prairie, but right now may not be the best time to do this grading. Although he CITY COUNCIL MINUTES March 23,2010 Page 10 thought it would be better to do the grading now, it would be good to table this for a short time. Rosow asked if Mr. Herbst's request also included withdrawing the variance request in Item XII.A. Mr. Herbst said it did. MOTION: Nelson moved, seconded by Case, to accept the withdrawal of the request for land alteration permit and the withdrawal of the appeal of variance #2009-14. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Duckstad moved, seconded by Aho, to approve the Payment of Claims as submitted. Motion was approved on a roll call vote,with Aho, Case,Duckstad,Nelson and Young voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS A. APPEAL OF VARIANCE #2009-14 by Pemtom Land Company. Location: 9735 Eden Prairie Road. The appeal was withdrawn. (See Item IX.C.) XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Sign Ordinance—Council Member Case Case said he was concerned that our sign ordinance prevents the City from posting a sign advertising any of our own events. He asked if there could be some exception made to help the City and non-profit organizations to sign their activities. He asked if it would be appropriate to have staff look at how the sign ordinance could be written to allow one or two day activities for the City and define it so that non-profits could also sign their activities. He noted the signs are usually posted anyway, and we overlook it. Young asked if that is a distinction we could make. Rosow said the sign ordinance was amended a few years back when we had a challenge. Those issues were considered by both his and Mr. Baker's office. There have not been any changes in the law. The sign ordinance was written to conform to the constitutional ordinance, and he doubted we could amend the ordinance to favor non-profits across the boards. He thought there may be some interim measure that can be adopted but it could not be extended just to non-profits. CITY COUNCIL MINUTES March 23,2010 Page 11 Nelson asked if it was possible to do something that allowed a special permit to be requested for a short period of time for City-wide events, similar to our special liquor permits. Young thought we can't discriminate between non-profits and profits. Nelson thought we would define it as a special City-wide event. Neal said staff can examine the issue, consult with legal counsel, and report back. B. REPORT OF CITY MANAGER 1. Annual Performance Review Neal said it is time to plan for his annual performance review, and there is an item in the Council packets giving some options. He noted there is a substantial break between this meeting and the next one on April 20, so he was looking for direction or preference on how the Council would like to do the 2010 review. Case said Mr. Brull has been part of the annual review for a number of years, and he was happy with the way Mr. Brull has done it and with the information he provided. Young said he liked getting the information but was not set on any method of compiling it. He didn't know what other options we have to get the data we need as we are close to the deadline. He would like to find a way to do it ourselves and not get Mr. Brull's in-person analysis of it. Duckstad agreed that we should try to do some of it ourselves which would limit the cost. Aho said in this particular case it is a little difficult for someone internally on staff to do it because all staff members that would be providing input would be either direct reports or reports of Mr. Neal. He thought we need to have someone come in from the outside provide the information,but we may be able to negotiate a different rate or have someone else do it. At this point he didn't think we have time to start doing it ourselves, so he thought we should utilize the services this time and look at other options for future reports. Nelson agreed about using someone from outside. If we are going to do it ourselves, it would have to be done by the City Council Members. We would need to take the materials and compile them. She was not sure that is a better way to do it, and the way we have done it in the past doesn't seem to be a huge cost. She didn't think there is time to do it ourselves this year. Young asked if we would get a different rate from him if we dispense with a physical meeting with him and just have his office do the data compilation. CITY COUNCIL MINUTES March 23,2010 Page 12 Neal said he has not talked to him about that, but he thought that might be true. 2. Yellow Ribbon Community Neal said he brought back information on this initiative from last week's meeting that Chief Reynolds and he attended. He said they are looking for someone who might be interested in serving as the community coordinator of this. Their goal is to make the community more soldier and soldier- family friendly. Governor Pawlenty has been promoting this. Nelson asked if we have any idea how many families in the City have someone serving overseas. Neal said that is considered confidential information so they won't give us names or numbers. 3. Update on Preliminary 2009 Audit Results Neal said we built a deficit of$1,250,000 into our 2009 operating budget, but so far the preliminary figures show we did not have an operating deficit and, in fact, had a positive balance. There was a little bit of good fortune and a lot of hard work to achieve that result. The May 2009 actions to reduce the work force played into the numbers but we also under spent the budget by$780,000. In 2008 we spent 98.4% of our General Fund,but in 2009 we spent only 97.9%. We also had a tax collection rate of 100.4%, which came about from collecting delinquent taxes from previous years. There was $600,000 more in user fee revenue,primarily driven by strong revenues at the Community Center. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Resolution No. 2010-28 Acknowledging Phased Improvements of the I- 494/TH 169 Interchange Dietz said the funding is together for the I-494/TH 169 interchange improvements. He said the performance design has savings of$30,000,000 as a result of changes made to the policy design. He displayed a drawing of the performance design, noting two ramps were taken out of the equation and there will be several roundabouts in place of signals. Case asked if the East Bound 494 to North Bound 169 ramp would be built if money became available. Dietz said that was correct,but traffic movements in that direction are very limited. That traffic would probably have Valley View Road as a destination and there will be an alternate access to Valley View with a new bridge at Washington Avenue. CITY COUNCIL MINUTES March 23,2010 Page 13 Dietz said Mn/DOT changed the Valley View/Hwy 169 interchange because they thought it was over-designed. They now propose to just widen some of the approaches. He said staff doesn't think this is a good long-term solution for the intersection, but we have no way to prove it. They have agreed to postpone that and made a commitment to look at the interchange after the project is built to see what the traffic patterns are. He reviewed the cost for the project and said construction is expected to begin in the spring of 2011. Aho thanked everyone for all their hard work on the project and noted many communities are really thrilled to see this project come to fruition. MOTION: Aho moved, seconded by Case, to adopt Resolution No. 2010- 28 acknowledging the phased improvements of the I-494/TH 169 interchange. Motion carried 5-0. 2. Resolution No. 2010-29 Approving Plans and Specifications and Authorizing Advertisement for Bids for Singletree Lane Improvement Project Dietz said the resolution is to approve plans, specifications and authorization to go to bid for the Singletree Lane project. In January 2006 the City Council approved a Major Center Area(MCA) study which looked at how to coordinate a public sector and a private sector investment in the MCA to promote and enhance development. A streetscape master plan was finished about a year ago. With those design elements we went ahead with the final design of Singletree Lane. In the middle of the process the Windsor Plaza project was approved in September 2007. As part of the developer's agreement for Windsor Plaza we obtained a special assessment agreement to pay$1,175,000 for the project. He reviewed the details of the road project and the streetscape design. He noted part of the agreement with Windsor Plaza was that the north side of Singletree Lane became the responsibility of the City. He said the City's share of the costs will be $445,000 including back of the curb and right of way costs. He thought we are going to have a good bidding climate. Young asked what is captured by the back of the curb costs of$230,000 on the north side. Dietz said it is the cost of the sidewalk, trees, seeding the area, and six street lights. Young asked if we will pay for any balance above the maximum assessment for the other portion of the project. Dietz said that is possible. Young asked what the difference would be to finish it with our conventional streetscape. Dietz estimated it would reduce the $230,000 by 30-40%. The street lights would need to be put in place, and those are fairly significant items. Young asked if something needs to happen on the north side no matter what. Dietz said we have to have the sidewalk and the lights and we tried to limit how much we did. CITY COUNCIL MINUTES March 23,2010 Page 14 Young said he will not support a lot of projects that are aesthetic this year, and this is not a year during which he wants to implement streetscape plans. Dietz said there won't be a lot of projects coming through and, were it not for the agreement we made with the Windsor Plaza developer, we probably wouldn't want to do this one now. Duckstad asked why people who develop on the north side of the street would not be assessed for the improvements the City provides. Dietz said we could try that, but he thought the likelihood of sustaining an assessment against Bremer Bank is not high, and most of the work we would have some discretion on is in the Bremer Bank area. Nelson thought we have reason to go in at a modest cost to keep up our end of the agreement when we have a developer that comes into an area and puts in that kind of money. We may have more of an opportunity to develop our site at the former KinderCare by doing this. She thought it looks like a good plan, and it will be a nice entrance to the area. MOTION: Case moved, seconded by Aho, to adopt Resolution No. 2010- 29 approving plans and specifications and ordering advertisement for bids for I.C. 07-5690, Singletree Lane Improvement Project. Motion carried 5- 0. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Duckstad moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Young adjourned the meeting at 10:07 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Christy Weigel, Clerk's License Application List Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Cigarette & Tobacco Products Walgreen Co. DBA: Walgreens#12044 8240 Flying Cloud Drive Luxus Corporation DBA: Eden Prairie Gas & Wash 12619 Valley View Road Raffle Organization: Angel Foundation Place: Wild Prairie Harley-Davidson Date: June 26, 2010 Temporary Liquor Organization: Church of Pax Christi Event: All Parish Volunteer Celebration Date: May 22, 2010 Place: Church of Pax Christi 12100 Pioneer Trail Temporary Beer Organization: Eden Prairie Noon Rotary Event: Festival of Jazz/Rib Fest Date: June 13, 2010 Place: Staring Lake Park&Amphitheatre 2010 Renewal Licenses Solid Waste Collector Blackowiak& Son, Inc. - 1 - CITY COUNCIL AGENDA DATE: April 20, 2010 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Community Development/Planning Code Amendment- Section 11.05 Janet Jeremiah, Scott A. Kipp Heritage Preservation Sites Requested Action Move to: • Approve 2nd Reading of the Ordinance Amending City Code Chapter 11, Section 11.05 — Heritage Preservation Sites; and • Adopt the Resolution approving the Summary of Ordinance and ordering the publication of said Summary Synopsis This is final approval of the ordinance relating to Heritage Preservation Sites. The City Council approved 1st reading of the ordinance on March 23, 2010. Attachments 1. Ordinance for Heritage Preservation Sites 2. Resolution Approving Summary Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE -2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 11.05 RELATING TO HERITAGE PRESERVATION SITES 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 PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11 - Section 11.05, Heritage Preservation Sites, is amended in its entirety as follows: Subd. 1. Declaration of Public Policy and Purpose. The Council of the City of Eden Prairie(hereinafter the "Council") declares as a matter of public policy that the preservation,protection, perpetuation and use of areas, places, buildings, structures, and other objects have historic, aesthetic or community interest or value, benefits the health, prosperity, education and welfare of the community. The purposes of this chapter are to: (1) Safeguard the heritage of the City by preserving sites and structures which reflect significant elements of the City's cultural, social, economic, political, visual or architectural history; (2) Promote the preservation and continued use of historic sites and structures for the education and general welfare of the people of the City; and(3) Foster civic pride in the beauty and notable accomplishments of the past. Subd.2. Definitions. A. The following terms,as used in this Section,shall have the following meanings: 1. Alteration — means any act or process which changes one (1) or more of the exterior architectural features of a building,or landform. 2. Archaeological resources—means archaeological artifacts, objects, or sites as defined in regulations promulgated under the Archeological Resources Protection Act of 1979, 16 USC Section 470. 3. Building — means an enclosed structure with walls and a roof, consciously created to serve a residential,industrial,commercial,agricultural,or other human use. 4. Certificate of Appropriateness — means a certificate issued by the City Council authorizing alteration, construction, restoration, relocation or demolition of a designated Heritage Preservation Site in accordance with the provisions of this Chapter. 5. Commission—means the Heritage Preservation Commission of the City. 6. Cultural resource—means a building,object,monument, structure, site or geographically definable area, such as an historic district or archaeology site that possesses a significant concentration,linkage or continuity of historically significant resources. 7. Demolition — means any act or process that destroys in part or in whole a cultural resource including the removal of any material constituting part of a structure other than for the purposes of ordinary maintenance or repair,which if removed affects the exterior appearance of the structure, which reduces the stability or longevity of the structure and impairs its historic or architectural integrity. 8. Demolition by neglect—means any total or partial destruction of or damage to a structure or any portion thereof due to failure to adequately maintain or repair the structure. 9. Exterior appearance — means the design, architectural style, general arrangement, ornament, character and general composition of the exterior of a cultural resource, including but not limited to the kind, color and texture of the building material and type, design, style and character of all windows, doors, light fixtures, signs and appurtenant elements. 10. Historic District—means a geographically definable area designated by the City Council conveying a sense of time and place due to the historic and architectural merits of the area. A historic district may also comprise contributing and noncontributing elements separated geographically but linked by association or history. 11. Integrity—means the authenticity of a cultural resource's historical identity evidenced by its survival of physical characteristics that existed during the property's historic or prehistoric period. 12. Maintenance — means all activities necessary to prolong the useful life and aesthetic appearance of a cultural resource. 13. Minor work—means small scale repairs and ordinary maintenance to correct problems or damage to the exterior that does not include a change in design, material, or outward appearance of the cultural resource. Examples of minor work include, but are not limited to,touch-up painting,window and door repair,caulking,fastening loose materials and roofing repairs. 14. National Register of Historic Places—means the national list of districts, sites,buildings, structures and objects significant in American history, architecture, archaeology, engineering or culture maintained by the Secretary of the Interior under authority of Title 16 USC, Section 101(a)(1)(A)(National Historic Preservation Act)as amended 15. Object—means a material item of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting or environment. 16. Preservation—means the identification, evaluation,recordation,documentation, curation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance and reconstruction of cultural resources.For the purposes of development of cultural resources, preservation means the act or process of applying measures to sustain the existing form, integrity and material of a building or structure and the existing form and vegetative cover of a site. It may include initial stabilization work,where necessary, as well as ongoing maintenance of the historic building materials. 17. Protection — means the act or process of applying measures designated to affect the physical condition of a cultural resource by defending or guarding it from deterioration, loss, or to cover or shield the cultural resource from danger or injury. In the case of buildings and structures, such treatment is generally of a temporary nature and anticipates future historic preservation treatment; in the case of archaeological sites, the protective measure may be temporary or permanent. 18. Reconstruction—means the act or process of reproducing by new construction the exact form and detail of a vanished cultural resource,or part thereof,as it appeared at a specific period of time. 19. Rehabilitation — means the act or process of returning a cultural resource to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the cultural resource which are significant to its historical,architectural and cultural values. 20. Repair—means the replacement of deteriorated materials which are impractical to save, such as broken window glass or severely rotted wood and the reclamation of items worn to the point that they can no longer perform their intended function. Material used for repairs on cultural resources should be as close as possible to the original in composition of materials,in method of fabrication and in manner of erection. 21. Restoration—means the act or process of accurately recovering the form and details of a cultural resource and its setting as it appeared at a particular period of time by means of the removal of later work or by replacement of missing earlier work. 22. Secretary of Interior Standards for treatment of historic properties — means the preservation, rehabilitation, restoration and reconstruction standards adopted by the U.S. Depai intent of Interior codified in 36 CFR Part 68,as may be amended from time to time. 23. Site — means the location of a significant event, a prehistoric or historic occupation or activity,or a building or structure,whether standing or vanished,where the location itself maintains historical or archaeological value regardless of the value of any existing structure. 24. Stabilization— means the act or process of applying measures designed to reestablish a weather resistant enclosure and the structural stability of an unsafe or deteriorated cultural resource while maintaining the essential form as it exists at present. 25. Structure — means a constructed work, usually immovable by nature or design, consciously created to serve some human activity. Examples are buildings of various kinds, monuments, dams, roads, railroad tracks, canals, millraces, bridges, tunnels, locomotives,nautical vessels, stockades,forts and associated earthworks,Indian mounds, ruins, fences, and outdoor sculpture. For purposes of Section 11.05 "structure" is limited to functional constructions other than buildings. Subd.3. Designation of Heritage Preservation Sites. A. Reports. The Council may direct the City staff to prepare studies which catalog buildings, land, areas,historic districts or other objects to be considered for designation as a Heritage Preservation Site. B. Criteria for Eligibility. The Commission shall recommend to the Council that an area, building, historic district, or object be designated a Heritage Preservation Site, when: (i) the quality in American history, architecture, archaeology, engineering, and culture is present in the historic district, site, building, structure or object and (ii) the historic district, site, building structure or object possess integrity of location, design, setting, materials, workmanship, feeling, and association and(iii)the historic district, site,building,structure or object meets one or more of the criteria listed below. 1. It is associated with events that have made a significant contribution to the broad patterns of our history;or 2. It is associated with the lives of persons significant in our past;or 3. It embodies the distinctive characteristics of a type,period,or method of construction, or that represent the work of a master,or that possess high artistic values,or that represent a significant and distinguishable entity whose components may lack individual distinction; or 4. It has yielded or may be likely to yield,information important in prehistory or history. C. Planning Commission Review. The Commission shall advise the Planning Commission of the proposed designation of a Heritage Preservation Site, including boundaries, and a program for the preservation of a Heritage Preservation Site, and secure the Planning Commission's recommendation with respect to the relationship of the proposed heritage preservation designation to the Comprehensive Plan of the City, and the City Planning Commission's opinion as to the effect of the proposed designation upon the surrounding neighborhood and any other planning consideration which may be relevant to the proposed designation. The Commission may make such modifications, changes, and alterations concerning the proposed designation as it deems necessary in consideration of the recommendation and opinion of the Planning Commission. The Planning Commission shall also give its recommendation of approval,rejection or modification of the proposed designation to the Council. D. Communications with State Historical Society. A copy of the Commission's proposed designation of a Heritage Preservation Site, including boundaries, and a program for the preservation of a Heritage Preservation Site,when received by the City, shall be sent to the State Historical Society in accordance with Minnesota Statutes. E. Findings and Recommendations. The Commission shall make findings as to whether a proposed Heritage Preservation Site is eligible for heritage preservation as determined by the criteria specified in Paragraph B of this subdivision. If the Commission determines the site meets the criteria in Paragraph B, it shall forward its findings to the Council with its recommendation that the site be designated for heritage preservation and its proposed program for the preservation of the site. F. Council Designation. The Council shall consider the Commission's recommendation that a site be designated for Heritage Preservation,together with the Planning Commission's recommendations, and may, upon the request of the Commission, by ordinance designate a Heritage Preservation Site. Subd. 4. Amendment or Recession of Designation. A Heritage Preservation Site designation may be amended or rescinded following the same process for the original designation. Subd. 5. Suffix "HP." For purposes solely of identification, a site designated by ordinance as a Heritage Preservation Site may be identified with the suffix"HP"following its underlying zoning classification and any other overlay zoning. Subd.6.Heritage Site Preservation Plan and Hearings. A. Within such time as is established by the City Council following City Council approval of the Heritage Preservation Site designation, the applicant shall prepare and submit to the Commission for approval a Heritage Site Preservation Plan,which sets forth necessary preservation guidelines, including identification of significant features. B. Hearings. Prior to the Commission recommending to the Council any building,historic district,or object for designation as a Heritage Preservation Site,the Commission shall hold a public hearing on the proposed designation. Prior to such hearing,the Commission shall cause to be published in a newspaper of general circulation notice of the hearing at least ten (10) days prior to the date of the hearing, and notice of the hearing shall be sent to all owners of the property proposed to be designated a Heritage Preservation Site and to all property owners within three hundred fifty(350) feet of the boundary of the area to be designated a Heritage Preservation Site. Subd.7. Additional Powers and Duties of the Commission. A. The Commission may recommend to the Council after review and comment by the City Planning Commission, that certain property eligible for designation as a Heritage Preservation Site be acquired by gift, negotiation or by eminent domain as provided for in Chapter 117 of the Minnesota Statutes. B. The Commission shall have the powers and duties specified in Chapter 2, Section 2.18 in addition to those otherwise specified in this chapter. Subd.8. Alterations. A. A Certificate of Appropriateness is required to do any of the following to a Heritage Preservation Site: 1. Remodel,alter, or substantially change the exterior appearance of a historic building, site or landmark. 2. Erect a building or any structure. 3. Erect signs. 4. Move from or to any building. 5. Demolish any building in whole or in part. This does not apply to structures to be demolished in accordance with Minnesota Statutes,Chapter 463. 6. Alter or remove a land form in whole or in part. The application for a Certificate of Appropriateness shall be accompanied by detailed plans including a site plan, building elevations and design details, and materials necessary to evaluate the request. The Council shall make the determination whether to approve or disapprove the permit. B. Commission recommendation. The Commission shall review each application and make its recommendation to the Council relative to the request for a Certificate of Appropriateness. The Commission shall also review and make recommendations to the Council concerning City sponsored construction projects or development projects aided by the City that could change the nature or appearance of a Heritage Preservation Site. C. Criteria for Certificate of Appropriateness. All recommendations by the Commission and decisions by the Council to approve, disapprove, and/or impose conditions on a Certificate of Appropriateness shall be in accordance with the program approved by the Council and the State Historical Society for each Heritage Preservation Site. The following General Standards for Historic Preservation Projects issued by the Secretary of the Interior shall be used to evaluate applications of Certificate of Appropriateness: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive features should be avoided when possible. 3. All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building,structure,or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color,texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any acquisition, stabilization, preservation, rehabilitation, restoration or reconstruction project. 9. The Commission and the Council shall also consider,when appropriate, the Secretary of the Interior's Specific Standards for Preservation Projects. D. Criteria for Certificate of Appropriateness for Demolition of Historic Preservation Site.In addition to the criteria listed in Subd. 7. C, the following criteria shall also apply to an application for demolition of a Heritage Preservation Site. A Certificate of Appropriateness for the demolition or partial demolition of a historic resource shall not be granted without the review and approval of a completed application.The review shall consider the following: 1. The public's interest in the preservation of the cultural resource. 2. The ability of the cultural resource to reasonably meet the National, State or local criteria for designation as a Heritage Preservation Site. 3. The age of the cultural resource, its significant features, unusual or uncommon design, texture, and/or material and its ability to be reproduced without unreasonable difficulty and/or expense. 4. The ability of the cultural resource to help preserve and protect a historic place or prehistoric site or area of historic interest in the City. 5. The ability of the historic resource to promote the general welfare of the City by: a. encouraging the study of American history,architecture and design; b. by developing an understanding of the importance and value of the American culture and heritage;and c. by making the City a more attractive and desirable place in which to live. 6. The cost and economic feasibility of restoring the cultural resource. E. No owner or any other person shall demolish or undertake to demolish a Heritage Preservation Site without a Certificate of Appropriateness. F. Findings. The Council shall make findings as to whether a Certificate of Appropriateness application should be approved or disapproved, or conditions imposed, as determined by the criteria specified in Paragraphs C and D of this subdivision. G. Hearings. Prior to the Council making its decision regarding an application for a Certificate of Appropriateness for a Heritage Preservation Site, the Council shall hold a public hearing on the application. Prior to such hearing the Council shall cause to be published in a newspaper of general circulation notice of the hearing at least ten(10) days prior to the date of the hearing, and notice of the hearing shall be sent to all owners of the property for which a Heritage Preservation Site Certificate of Appropriateness application has been submitted and to all property owners within three hundred fifty(350)feet of such property. H. Limitations. If within sixty(60) days from the filing of a completed application for a Certificate of Appropriateness for site alteration the Commission has not made a recommendation of approval or disapproval to the Council, the application shall be forwarded to the Council for approval or disapproval of the permit without the Commission's recommendation. Subd.9.Minor Work. A. Nothing in this section shall be construed to prevent minor work. Minor work does not require a Certificate of Appropriateness. The criteria set forth in Subdivision 8 C shall be followed to the extent practicable. B. Minor work should replace like-with-like, using the same materials and the same construction methods as originally used. Subd. 10.Archaeological Resources and Traditional Cultural Properties. Special Consideration. The City's archaeological resources are part of its heritage and community fabric. These resources are important to the City's past and are irreplaceable and need to be protected from deterioration and site damage. Though considered historic resources under this ordinance, the City acknowledges that archaeological resources have distinct differences. The City shall maintain an inventory of known archaeology sites and potentially sensitive areas. Subd. 11.Demolition A. Except as otherwise provided in this Section, the Building Official shall not issue a permit to demolish a designated Heritage Preservation Site until after a Certificate of Appropriateness is issued. No owner or any other person shall demolish or undertake to demolish a designated Heritage Preservation Site or an element within a designated Heritage Preservation Site without a Certificate of Appropriateness. B. No owner or person with an interest in real property designated as a Heritage Preservation Site shall allow property to fall into a serious state of disrepair without obtaining a Certificate of Appropriateness. Examples of such deterioration include,but are not limited to,the following: 1. Deterioration of exterior walls or other vertical supports. 2. Deterioration of roofs or other horizontal members. 3. Deterioration of exterior chimneys. 4. Deterioration,crumbling or spalling of exterior stucco,masonry or mortar. 5. Lack of waterproofing of exterior walls, roofs, or foundations; including broken windows or doors that prove ineffective. 6. Deterioration of any feature so as to create a hazardous condition that requires the demolition of the Property for public safety purposes. 7. Deterioration of ornamental features. Subd. 12. Enforcement. If inspection finds that the work is not in compliance with the Certificate of Appropriateness the City may suspend the Certificate of Appropriateness and issue a"Stop Work Order". No further work shall be undertaken on the project as long as a"Stop Work Order"is in effect except for work necessary to remedy the cause of the suspension. Subd. 13. Emergency Repair. In emergency situations where immediate temporary repair is needed to protect the safety of the structure and its inhabitants,the Building Department,may approve the temporary repair without prior Commission or Council action. Subd. 14. Repository for Documents. The office of the City Clerk is designated as the repository for at least one copy of all studies,reports,recommendations and programs required under this Section 11.05. Subd. 15. Recording of Heritage Preservation Sites. The office of the City Clerk shall record the designation of buildings, lands or areas as Heritage Preservation Sites with the Hennepin County Recorder or the Hennepin County Registrar of Titles, unless the County Recorder or Registrar of Titles refuses to record such designation,and shall transmit a copy of the recording document to the Building Department. Section 2—City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3 - Effective Date - This Ordinance shall take effect upon its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 23rd day of March, 2010 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20th day of April, 2010. Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on_ , 2010. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 2010 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. _-2010 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 20th day of April, 2010. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. _-2010 is lengthy and contains charts. B. The text of summary of Ordinance No. -2010, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance _-2010 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on April 20, 2010. Phil Young, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE -2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING IN ITS ENTIRETY CITY CODE CHAPTER 11, SECTION 11.05, RELATING TO HERITAGE PRESERVATION SITES 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 PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends Chapter 11, Section 11.05 of the City Code by repealing the existing section in its entirety and replacing it with a new section regulating historic preservation sites. The amendment adds definitions to the Section; revises the criteria for eligibility for historic preservation designation; provides a process for amendment or recession of a designation; provides for informational purposes only a designation of"HP" in the zoning of an historic property; provides for submission of a Heritage Site Preservation Plan following designation of a site as a heritage preservation site; amends the process to alter an historic site by requiring a Certificate of Appropriateness for alterations; requires and establishes criteria for a Certificate of Appropriateness for demolition of a historic preservation site; exempts minor work from the requirement of a Certificate of Appropriateness; provides that the City shall maintain an inventory of known archaeology sites and potentially sensitive areas; and provides enforcement remedies with respect to work not in compliance with a Certificate of Appropriateness. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 20, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Stuart Fox, Parks and Natural Award Bid for Duck Lake Trail, Valley View Resources Manager, Parks and Road and Edenvale Blvd. Trail Recreation Reconstruction Motion Move to: Award the contract for the reconstruction of the eight foot wide bituminous bike trail along portions of Duck Lake Trail, Valley View Road and Edenvale Blvd. Trail to Northwest Asphalt, Inc. in the amount of$75,591.16. Synopsis The City advertised for the reconstruction of the eight foot wide bituminous trail along Duck Lake Trail, Valley View Road and Edenvale Blvd. Specifications for the work were prepared and the City received quotes from four contractors. The work includes replacing 4,820 lineal feet of existing 8 foot wide trail and installation of six pedestrian/handicap ramps at various roadway crossings. Background The scope of this project is to replace several sections of 8 foot wide bituminous bike trail that are in extremely poor condition. In 2008 these three trail segments were rated as the poorest quality trail sections in a city wide trail and sidewalk assessment that was done by GoodPointe Technology. These trail sections cannot be repaired using surface treatments such as a rock chip seal coat or an overlay of the existing trail. Full replacement of the trail is needed to provide a safe and useable trail. The reconstruction work will involve milling(grinding up)the existing surface and adding/supplementing the underlying base with crushed rock prior to repaving. In areas where poor load bearing soil conditions are present, a polypropylene geotextile fabric will be placed under the crushed rock to provide a firm sub-base prior to repaving the trail. The money for doing this trail reconstruction comes from the Capital Improvement Project funding in the Public Works Department for the reconstruction and new construction of trails and sidewalks along city road right of way. Award Bid for Duck Lake Trail, Valley View Road and Edenvale Blvd. Trail Reconstruction April 20, 2010 Page 2 Bid Summary and Recommendation The summary of the bids submitted is as follows: Northwest Asphalt, Inc. $75,591.16 Bituminous Roadways, Inc. $77,549.00 Omann Bros. Blacktopping $81,203.70 Paragon Company (no bid bond) $82,274.49 Midwest Asphalt,Inc. $ 86,776.50 Wm. Mueller& Sons, Inc. $117,428.00 Plehal Blacktopping $147,824.00 Staff estimate for this trail reconstruction project, based on 2009 bid/quote information, was $100,000. Each of the submitters, accept for Oman Company, met the guidelines as detailed in the bid specification document. Staff recommends the contract be awarded to Northwest Asphalt, Inc. The trail replacement project work will begin in late-May with completion by June 25, 2010. City staff will be restoring the private property lawn areas. Attachments Trail Reconstruction Location Maps i • I e,' 7,4,?... kJ/Ai ,_,_,,, ,..... „ , ,,,, .:,,,, TRAIL CCA}SII2 4op44. 1 i r. atx+ r.04 I i 3 (�D ALE.) . f I Si�clxFve:R4i3.- sTi3'gii.EYGLS GIG2Ch13 ,., P -__ y.,---- : / ' MN \ Illk---c • I .,..,7---i_,,:- 7----- aril,. Oil i /is- ta03,184, / w 7 7 wr ---'---7- itIV:-/Ailf , - . 40Frjaii -;.,'-''' /;,igi ''...#4,7\i::,,,.,,. ::::*.ii.;,,:*.„.,. --',„ t i •til IP *lolizrz ini ili t zzo .4111114k \ : 31. , ' '.- .,-PA ir ' P 41*,440.''''-'N,4711/440.111-4411" i iii:-., '-1:77kviiiv ''.. --:,, i. hkiiiitsw =owl . .. PIisik ______:: ----------- . la ' \ -.‘,'-, 7Trt--/ 1101**- W Pim billiaii ,N7,. .„ .. \,\ it //VI, - .,, ,.. imiw,. . to \\**,-* .,,___ ,.„„:„077, .,.\,, 0:11 __ _ --- lbibilk Assoo:(-,------ '#\-- ,‘.,.. milk..., ___„.., . . ,, ,:: 4„,/, -,-,,,,,._ .r,„, . ,,,,,. iiiip ,,,„ gewsra"C . .: \\\ irr/ \):: ilitti II s. V. I4gz 4. ilk . . . • jahit.. _..._ yAL Y.3dt d= =' _. - ill '1 ra t .. tt .:r goal igehlfr\--;:, LT Ritimile il CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 20, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Stuart Fox, Parks and Natural Authorize Preparation of Plans and Resources Manager, Specifications for the Miller Park Play Area Parks and Recreation Improvements Motion Move to: Authorize the staff to prepare plans and specifications Miller Park Play Area Improvements Synopsis The scope of the proposed Miller Park play area improvements is to remove the outdated, worn- out equipment and replace it with new play apparatus. The large metal play structure will be retrofitted with new slides, play panels and additional play components. There will be several new freestanding play components added to the play area as well. A second"accessible" entry point will be created with sitting benches and a new sidewalk for better site circulation. Extension of the perimeter fence,better site drainage and landscaping will be included in the project plans. Background The 16 year old play area at Miller Park is slated for a major overhaul in 2010. This play area is one of the busiest and highest use play areas within the park system. The overhaul includes removal of the last piece of wood play equipment(the pirate ship) from the site. This play component has reached the end of its usable life. Several plastic components on the large metal play structure are worn out and need to be replaced. New equipment will be installed to take the place of the pirate ship that is being removed. The play area"envelope"will be repaired, upgraded and subsurface drainage problem corrected. The funding for the Miller Park Play Area improvement project comes from the 2010 Capital Improvement Plan. The consultants estimate for this project $440,000 which is the amount in the CIP. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 20, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Stuart Fox, Parks and Natural Authorize Preparation of Plans and Resources Manager, Parks and Specifications for the Staring Lake Trail Recreation Connection Motion Move to: Authorize the staff to prepare plans and specifications for the construction of an eight foot wide bituminous bike trail connection from the Staring Lake Park loop trail to Creek Knoll Road. Synopsis The trail master plan for the city has shown a spur trail connection from Staring Lake Park to Creek Knoll Road since it adoption in the 1980's. About five years ago this spur trail was going to be built as part of a joint City/Watershed District project. The consulting engineer for Watershed District had drawn preliminary plans to construct a high volume, emergency outflow pipe system for Staring Lake. Included in the project plans was the Staring Lake spur trail to Creek Knoll Road. However, when the project didn't receive funding authorization from the Watershed District, the project was tabled. The trail design plans have been released by the Watershed District to our consultant and staff is proposing to proceed with the trail construction using 2005 Park Bond Referendum funds. Background The scope of this project is to build 3,000 feet of 8 foot wide bituminous bike trail. The trail would connect with the existing Staring Lake Park loop trail adjacent to the Hennepin Technical College property and proceeds easterly across property owned by the City and Hennepin County and connect to Creek Knoll Road. Currently residents living east of Flying Cloud Drive use an existing "social trail"to access the Staring Lake Park loop trail system. Paving the informal/unpaved route would provide residents with a safer, more durable surface on which to travel. The funds for this trail construction project come from the 2005 Park Bond Referendum which earmarked money for trail projects within the city that were incomplete or contained major gaps. Two infill trail projects which have been built using bonding funds include the northerly section of bike trail along Eden Prairie Road and the missing trail section in the major center area along Flying Cloud Drive. The consultant estimate for this project is $300,000. Attachments Trail Location Map STARING LAKE SPUR TRAIL uu vi a . Staring Lake I Hennepin Vo-Tech RRo Roo c _....... .::::::c co • — — • Staring Lake Park V • op cr \V Cummins Grill House _ ooe _ ' J •aiRpoRrSFRVio�RD ,�G• .••� j -cr + , L 0 ' <I( CO O N LegendFill Proposed Trail EDEN 0 135 270 540 Existing Trails PRAIRIE 1 1 Feet CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 20, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Stuart Fox, Parks and Natural Authorize Preparation of Plans and Resources Manager, Parks and Specifications for the Rice Marsh Lake Trail Recreation Connection Motion Move to: Authorize the staff to prepare plans and specifications for the construction of an eight foot wide bituminous bike trail from Rice Marsh Lake Park to the Highway 212 Bridge over Riley Creek. Synopsis The trail master plan for the city has shown a trail connection from Rice Marsh Lake Park to Riley Lake Road since it adoption in the 1980's. This trail project was delayed until the Hwy 212 road project was completed and funding for the trail construction was available. With the completion of the roadway and by utilizing funds from the 2005 Park Bond Referendum staff is proposing to proceed with this project. Construction for the trail section south of Highway 212 to Riley Lake Road is not included in this request for plans and specifications preparation. Background The scope of this project is to build 4,000 feet of 8 foot wide bituminous bike trail and construct a bridge over Riley Creek. The trail would connect with the existing trail within Rice Marsh Lake Park and proceeds southerly and westerly across property owned by Mn DOT to Riley Creek. Prior to and during the highway 212 construction staff from the city and Mn DOT agreed in principal to the proposed alignment however trail construction could not be done until the roadway was completed. With the roadway complete both staffs have met and agree that the trail corridor alignment is still acceptable and the trail project can proceed. The funds for this trail construction project come from the 2005 Park Bond Referendum which earmarked money for trail projects within the city that were incomplete or contained major gaps. Two infill trail projects which have been built using bonding funds include the northerly section of bike trail along Eden Prairie Road and the missing trail section in the major center area along Flying Cloud Drive. The consultant estimate for this project is $400,000. Attachments Trail Location Map RILEY CREEK - RICE MARSH LAKE PARK TRAIL CONNECTION 4. v— SPRUCE TRL� \S I \ C T C H--- ._ yROERS F PRM RO w • DOVE x z i a Z x a W OaND CT FAR TE HORN P O J Mq\BAiiir �1 � 4# \ 0 . \\N,‘_. \ 7 --...,. , . U Z W N Rice Marsh Lake 1 Rice Marsh Lake Park 1 1 1 4 I - ' } r- • • • • • • - • • BRIDGE • • • 9 Mg • ♦ 11 \Riley Creek '. ...1111111111#41116.. _ ..,,,,,,Ar- 111111 lalil A As Legend ' Proposed Trail E DE N 0 125 250 500 Existing Trails PRAIRIE ICMi Feet CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 20, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: LC. #10-5766 ITEM NO.: VIII.G. Mary Krause Award Contract for 2010 Street Public Works/Engineering Striping to AAA Striping Service Company I Requested Action Move to: Award contract for 2010 Striping to AAA Striping Service Company in the amount of $84,615.00. Synopsis Sealed bids were received Thursday, April 8, 2009 for the 2010 Striping project. Two bids were received and are tabulated as follows: AAA Striping $ 84,615.00 Century Fence $ 101,122.20 Background Information Street striping is an annual street maintenance project. The budget for 2010 is $85,000 under budget#1714-6337. Staff recommends award to AAA Striping Service Company. Attachments • Bid Tabulation 2010 Bid Tabulation City Street Striping City of Eden Prairie I.C. #10-5766 Century Fence AAA Striping Service Co. EST. UNIT I UNIT NO _ DESCRIPTION QTY. UNIT PRICE TOTAL PRICE _ TOTAL _ 1 4" Striping (includes Broken/Solid/Double Solid) 35,000 Lin. Ft. 0.147 $5,145.00 0.10 $3,500.00 Yellow or White Paint- Latex 2 4" Striping (includes Broken/Solid/Double Solid) 175,000 Lin. Ft. 0.225 $39,375.00 0.20 $35,000.00 Yellow or White Epoxy Resin 3 6" Striping -White Epoxy 100 Lin. Ft. 6.000 $600.00 3.00 $300.00 4 8" Striping - Paint 100 _Lin. Ft. 0.265 _ $26.50 0.45 $45.00 5 ,8" Striping - Epoxy 100 Lin. Ft. 1.5001 $150.00 0.90 $90.00 6 12" Stop Line -White Paint 100 Lin. Ft. 1.470 $147.00 2.50 $250.00 _ 7 12" Stop Line -White Epoxy 100 Lin. Ft. 6.000 $600.00 4.80 $480.00 8 '24" Stop Line -White Paint 50 Lin. Ft. 2.9501_ $147.50 3.20 $160.00 _ 9 24" Stop Line -White Epoxy Paint 190 Lin. Ft. 6.500 $1,235.00 6.00 $1,140.00 10 'Crosswalk Blocks -White Paint 360 Sq. Ft. 1.470 $529.20 1.50 $540.00 _ 11 Crosswalk Blocks -White Epoxy 9,300 Sq. Ft. 3.000 $27,900.00 2.50 $23,250.00 12 'Pavement Message (Arrow)-White Paint 15 EA. 30.500' $457.50 25.00 $375.00 _ 13 Pavement Message (Arrow)-White Epoxy 160 EA. 110.000 $17,600.00 75.00 $12,000.00 14 Pavement Marking Removal 100 Lin. Ft. 0.650 $65.00 1.20 $120.00 _ 15 'R.R. Crossing -White Epoxy 1 EA. 675.000' $675.00 450.00 $450.00 16 Remove Message 100 Sq. Ft. 3.000 $300.00 3.50 $350.00 _ 17 12" Crosshatch (yellow epoxy) 1,400 Lin. Ft. 3.000, $4,200.00 3.50 $4,900.00 18 12" Crosshatch (yellow paint latex) 100 Lin. Ft. 1.470 $147.00 2.00 $200.00 _ 19 24" Crosshatch (yellow epoxy) 335 Lin. Ft. 5.000, $1,675.00 4.00 $1,340.00 20 24" Crosshatch (yellow paint) 50 Lin. Ft. 2.950 $147.50 2.50 $125.00 TOTAL BASE BIT $101,122.20 $84,615.00 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 20, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 10-5767 ITEM NO.: VIII.H. Mary Krause Award Contract for 2010 Bituminous Crack Public Works/Engineering Sealing to Precision Sealcoating, Inc. Requested Action Move to: Award contract for 2010 Bituminous Crack-Sealing to Precision Sealcoating, Inc. in the amount of$200,080.00. Synopsis Sealed bids were received Thursday, April 15, 2010 for the 2010 Bituminous Crack Sealing. Five bids were received as follows: Precision Sealcoating, Inc. $ 200,080.00 Minnesota Blacktopping. $ 223,100.00 Fahrner Asphalt Sealers, LLC $ 272,600.00 American Pavement Solutions, Inc. $ 272,800.00 ASTECH Corporation $ 278,100.00 Background Information Street bituminous crack sealing is an annual street maintenance project in preparation for the 2010 seal coat project. Cracksealing for bituminous trails has also been included this year. The street quantities include some of the recent overlay areas as well as a portion of the proposed 2011 sealcoat project area. The unit price from the low bidder for the street portion of the project this year is slightly lower than last year's price. The 2010 operating and maintenance budget for street crack sealing is $130,000 under budget item 1707-6339 with the balance of the funding coming from the CIP fund. The trail cracksealing is funded through the Parks Division under trail maintenance. Staff recommends award to Precision Sealcoating, Inc. Attachment: • 2010 Bid Results 2010 City Cracksealing City of Eden Prairie I.C. #10-05767 _ Precision Sealcoating,Inc. Minnesota Blacktop Fahrner Asphalt Sealers ,rican Pavement Solutions, ASTECH Corp. EST. UNIT UNIT UNIT UNIT UNIT NO IESCRIPTIO QTY. UNIT PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL on 1 Bituminous Streets and Parking Lots 210,000 Sq.Yd. $0.909 $190,890.00 $1.030 $216,300.00 $1.230 $258,300.00 $1.240 $260,400.00 $1.260 $264,600.00 Joint Jeatant on 2 Bituminous Trails 10,000 Sq.Yd. $0.919 $9,190.00 $0.680 $6,800.00 $1.430 $14,300.00 $1.240 $12,400.00 $1.350 $13,500.00 TOTAL BASE BID $200,080.00 $223,100.00 $272,600.00 $272,800.00 $278,100.00 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 20, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 10-5771 ITEM NO.: VIII.I. Mary Krause Approve Professional Services Public Works/Engineering Agreement for Pavement Evaluation Services from GoodPointe Technology Requested Action Move to: Approve Professional Services Agreement for pavement evaluation services from GoodPointe Technology in the estimated amount of$45,950. Synopsis As part of our pavement management system,periodic evaluations or condition rating surveys are necessary to effectively manage our city street network. Historically, we have performed these surveys on a three-year cycle on our entire street network(currently estimated at 221 miles). Our last survey was completed in 2007 by GoodPointe Technology(our Pavement Management Consultant). The cost for these services will be financed by our Capital Improvement Plan/Pavement Management Program. Background Information The results of this pavement evaluation survey will provide us current information on our street conditions. This current information along with the historical data in our pavement management system provides us a tool in budget preparation for our pavement maintenance needs, as well as selecting specific maintenance projects. Attachments • Professional Services Agreement • Goodpointe Proposal for Pavement Evaluation Services ICON Get to the point infrastructure Monagemenl Solutions GOOOPOINTE • TECHNOLOGY March 3, 2010 Ms. Mary Krause City of Eden Prairie 6080 Mitchell Road Eden Prairie, MN 55344-2230 Re: Proposal for Pavement Evaluation Services for Eden Prairie, Minnesota Dear Mary: GoodPointe Technology is pleased to offer pavement evaluation services to the City of Eden Prairie. The requested services are to perform a detailed Pavement Condition Index (PCI) survey on approximately 221 centerline-miles of roadway in the City of Eden Prairie and enter the data into the City's existing pavement management system. This pavement condition survey will update the existing set of pavement management system data and will form the basis of budget analysis projections for the City. To ensure that the City realizes the full value of the information collected for this project, we have added an additional-optional task to deliver an executive summary report on the current and evolving trends in the network-level pavement condition. Attached to this letter is a scope of services and related cost proposal. If after reviewing this document you have any questions or concerns regarding the project setup or services detailed in this letter, please call me at (651) 726-2555. Thank you for your continued interest in our services. We look forward to working with you on this project! Sincerely, GoodPointe Technology ave.747/./2K /;" Anthony J. Kadlec Vice President Attachment: Exhibit A. Pavement Evaluation Services g:\proposals\gpoint\edenprairie\Eden Prairie-GoodPointe 2010 PCI Consulting Service Proposal_030310 Exhibit A. Scope of Work, Pavement Evaluation Services March 3, 2010 Good Pointe Technology Inc. Page 1 of 4 EXHIBIT A. Scope of Work This EXHIBIT A. SCOPE OF WORK document along with the City's STANDARD AGREEMENT FOR PROFESSIONAL SERVICES and STANDARD AGREEMENT FOR PROFESSIONAL SERVICES shall constitute the entire set of authorization documents for this project. GoodPointe Technology proposes to provide the City of Eden Prairie with the following services: IL_!9:ai■1_yiIuII Ifit']►I')iiI']►Lii1aaA'7m_\I►II:i/_1►177II$YAI:I1'1 The Pavement Condition Index (PCI) data collection survey will cover the selected streets within the City of Eden Prairie pavement network. The surface condition survey proposed in this task is a walking survey in which 100 percent of the street surface will be surveyed. At a minimum, the following bituminous pavement distress types will be collected as part of the PCI Pavement Condition Survey: Alligator Cracking Flushing Potholes Block Cracking Heaving Raveling Bumps Lane-Shoulder Drop Off Reflective Cracking Corrugation Longitudinal/Transverse Cracking Rutting Depression Patching Shoving Edge Cracking Polished Aggregate Slippage Cracking GoodPointe Technology will enter the data from the pavement condition survey, calculate the PCI and then update the City's ICON system database at the GoodPointe data center. The City will be able to run budget scenario runs immediately after the installation of the updated databases. I fm:`maU_1 IM It II'/_u II:1.1[y 4L'lU_1 IM It II'LK']►I I:t'] I/_ .i:1 We take great pride in providing high quality condition survey data and recommend the following set of quality control (QC) procedures to be applied for our Pavement Condition Index (PCI) survey for the City of Eden Prairie: 2.1) Have a Pre-Survey Meeting In case there are some specific pavement condition issues or judgment calls the City would like to establish before the survey proceeds, GoodPointe and designated City staff will have an onsite meeting at the City and/or will travel out to the field to review and discuss these items. 2.2) Initial Stages Quality Control Evaluation—Distress Level GoodPointe proposes to apply the following distress-level, quality control procedures for the initial stages of this project. For the first five (5) percent of pavement condition survey data collected for this project, the senior project engineer in charge of data Exhibit A. Scope of Work, Pavement Evaluation Services March 3, 2010 Good Pointe Technology Inc. Page 2 of 4 collection is assigned the responsibility of providing field quality control services, which will include a follow-up 100% inspection of the data at the distress level and make any notes regarding any inconsistencies noted in the data. For example, if the senior project engineer notes that'edge cracking'was underestimated in the initial survey, then that survey will be flagged for re-evaluation and correction. Based on the results of this quality control review, the GoodPointe senior engineer will apply corrective action, which will include, but not be limited to: retraining, rotation of raters, and possible replacement. 2.3) Post Survey Check GoodPointe will take the PCI calculated from the 2010 survey and compare it to the most recently calculated PCI (called 'Today's Estimated PCI), the latter of which factors in the latest applied (global strategy) paving project (e.g. seal coat, overlay, reconstruct, etc.) and the PCI obtained from the previous network level pavement condition survey performed for the City in 2007. If the absolute difference between the two above-referenced PCI values is >= 10 PCI points, GoodPointe will physically travel back to the pavement section and verify if the survey data is accurate in the latest survey and/or if there are explainable differences between the distress types/quantities of the two surveys. For example, the former survey may have had significant amounts of longitudinal/transverse cracking and, during the time elapsed between surveys this cracking may progress to form extensive block cracking in the latter survey; if so, we would conclude the survey data is reasonable and the PCI difference is justified. If we do find condition data in the latter survey that needs to be corrected, then we will correct it. After we have re-audited and made any necessary corrections to the PCI data, we provide you with the list of PMS sections that have a greater than 10 point difference (up or down) relative to the latest survey, so that you are aware of these sections. 2.4) Maintenance CI check. If there still remains a PCI increase from the former survey to the latter survey, GoodPointe will query the project database to check whether a) maintenance activity has been entered and if b) a corresponding Maintenance CI has been calculated for the given project. In some cases, it will be quite obvious in the follow-up survey that major rehabilitation work has been done since the last survey, since there will be few or no distresses present on the pavement surface. Since we also display the date of the latest maintenance entered into ICON on our data collection sheets or PDA, we will make a note on the pavement condition survey that some maintenance has likely occurred and then report that back to you at the conclusion of the project. Depending on how former surveys have been implemented for the roadway pavements GoodPointe is willing adjust the above steps accordingly. We are open to discussing the addition of other QA/QC procedures and/or adjusting the survey methodology to better conform to the way the ICON system needs to work for the City of Eden Prairie, but reserve the right to resubmit our cost estimate to cover any anticipated increase in consulting effort to execute the procedures successfully. Exhibit A. Scope of Work, Pavement Evaluation Services March 3, 2010 Good Pointe Technology Inc. Page 3 of 4 ASK 3. EXECUTIVE SUMMARY REPORT An executive summary report on the City pavement network will be delivered to the City. This report will include the information collected in this project and will highlight: • Current inventory mileage totals of the network according to the reporting categories defined in the City pavement management system (pavement type, functional class, neighborhood, etc.); • The current pavement condition of the network according into the reporting categories mentioned above and summary information to show the overall trends in pavement condition for the last four pavement surface condition surveys (1995, 1998, 2001, 2004, and 2007); • An appendix which includes a listing of the pavement condition survey results for each pavement section (sorted by: ascending/descending PCI, alphabetical, etc.); and, • The completed report will be delivered to the City in MS Word format for storage and use in future presentations at the City. Information Required of the City In order to deliver a high quality work product to the City in this project, GoodPointe will require the following information before the work on this project proceeds: • Hardcopy maps (4 copies) of the pavement management sections in the area to be evaluated in this project; • Digital inventory file (XLS or MDB) of the pavement management sections in the area to be evaluated in this project, to include: o Survey Zone, Street Name, From/To Limits, Section Dimensions, and pavement surface type; o PCI from last survey and date of last survey; o Today's Estimated PCI (based on applicable pavement performance curve and time elapsed from last survey); o Date of most recent structural rehabilitation strategy(e.g. overlay or construction); o Most recent non-structural maintenance projectto have occurred on each project section and the date of the project (e.g. 'Sealcoat 6/1/2005','Crack Seal 9/1/2006', etc.). NOTE: The project information delivered to GoodPointe in advance of the project will serve to set the Quality Control expectations of these sections through the course of this project to its successful completion. Exhibit A. Scope of Work, Pavement Evaluation Services March 3, 2010 Good Pointe Technology Inc. Page 4 of 4 Cost Schedule - City of Eden Prairie Pavement Evaluation Services Basis of Payment: GoodPointe Technology will provide the services described in this proposal for the following costs. Task Unit Cost Units Total Cost 1 $195 per centerline mile 221 $43,095.00* 2 $2,305 lump sum 1 $2,305.00 3 Executive Summary Report: $ 550 1 $550.00 Total Proposed $45,950 * The final cost will be determined by the actual miles surveyed. Rev. 8-07-2009 Standard Agreement for Professional Services This Agreement is made on the 20th day of April, 2010, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Goodpointe Technology, a Minnesota Company (hereinafter "Consultant") whose business address is 287 E. 6th Street, Suite 200, St. Paul, MN 55101. 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 Pavement Evaluation services for Pavement Management 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" (Proposal for Pavement Evaluation 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 May 1, 2010 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 $45,950 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: 1 Rev. 8-07-2009 A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Tony Kadlec and Kristen Anderson to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 2 Rev. 8-07-2009 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 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 3 Rev. 8-07-2009 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 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 4 Rev. 8-07-2009 services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non- owed vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO form CG 20 10 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 5 Rev. 8-07-2009 available. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. 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. 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 6 Rev. 8-07-2009 enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in 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 7 Rev. 8-07-2009 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 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 20, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J. Leslie Stovring IC# 04-5626 Lake Monitoring Program Public Works/Environmental Requested Action Move to: Approve the Professional Services Agreement for the 2010 water quality monitoring program from Blue Water Science in the amount of$26,650. Synopsis The proposal from Blue Water Science continues the City's ongoing monitoring program for water quality and use of low-impact water treatment alternatives to help maintain water quality within Round Lake. Duck, Red Rock and Staring Lake require ongoing monitoring to evaluate water quality trends as they are all listed as impaired waters by the State of Minnesota for excess nutrients. Red Rock Lake is also part of the "Eden Prairie Promise" initiative. The costs of lake improvement and monitoring projects are paid out of the stormwater utility. Background Information The budget for the water quality sampling program is established in the City's Local Water Management Plan. City staff has met with the Nine Mile Creek and Riley-Purgatory-Bluff Creek Watershed Districts to discuss projects proposed for 2010 by the Districts and the City in order to coordinate activities and prevent overlapping projects. Blue Water Science proposes the following actions: • Use of barley straw in Bren Lane Pond to help improve water quality entering Round Lake. • Plant survey of Round Lake to evaluate the extent and density of non-native plants such as curly leaf pondweed and Eurasian watermilfoil and to evaluate the native plant community. The District is planning a calcium nitrate treatment for the lake and the survey will help gauge the response of native and invasive species to the treatment. • Aquatic plant surveys for Birch Island and Smetana Lakes. This will help establish baseline conditions for the two lakes for comparison with the Nine Mile Creek District's water quality improvement projects that are currently ongoing. • Water quality sampling for Purgatory Creek Park to establish water quality baseline to measure the effectiveness of the water quality improvements proposed in the Staring Lake watershed by the District and the City. • Water quality sampling for Red Rock, Birch Island,Neill and Smetana Lakes. The estimated cost for 2010 is $26,650 and will be paid from the storm water utility fund. Attachments • Contract for 2010 Water Quality Sampling Program • Standard Agreement for Professional Services 550 South Snelling Ave 651.690.9602 St. Paul, MN 55116 !INNER mccomas@pclink.com PROPOSAL Date: April 2, 2010 To: City of Eden Prairie From: Steve McComas,Blue Water Science Re: 2010 WATER QUALITY SAMPLING PROGRAM This is a proposal to provide lake and pond sampling services for the City of Eden Prairie. Sampling helps to establish baseline water quality data for projects and for TMDL analyses that may be required in the future.All water quality data collected would be entered into the STORET system. TASK 1 —STARING LAKE WATERSHED Collect samples monthly from Purgatory Creek Park wetland and stormwater pond to determine baseline water quality for the City's stormwater inspection and maintenance program that will be conducted in the Staring Lake watershed. It is our understanding that the Riley-Purgatory-Bluff Creek Watershed District will be collecting water quality samples from Staring Lake as part of their Staring Lake carp study. Parameters to be analyzed in the field will include the following: Secchi disc Temperature Dissolved oxygen Conductivity pH Parameters to analyzed by a laboratory will include the following: Total phosphorus Orthophosphate Chlorophyll a Ammonium Nitrate/nitrite Total Kj eldahl nitrogen Total Suspended Solids(TSS) (mixed sample) TASK 2—WATER QUALITY SAMPLING—RED ROCK LAKE Red Rock Lake is currently listed as an impaired water. In order to meet the requirements established by the Riley-Purgatory-Bluff Creek Watershed District for their sampling protocol,the following samples must be collected every other week from May through October 2010. Parameters to be analyzed in the field will include the following: Secchi disc Temperature Dissolved oxygen Conductivity pH -1- Parameters to analyzed by a laboratory will include the following: Total phosphorus Orthophosphate Chlorophyll a Ammonium Nitrate/nitrite Total Kj eldahl nitrogen TASK 3—LAKE SAMPLING Additional lakes to be sampled during 2010 include the following: Birch Island Lake Bryant Lake Neill Lake Smetana Lake The lakes shall be sampled every other week following CAMP program recommendations and shall include the following parameters: Secchi disc Total phosphorus Chlorophyll a Aquatic Plant Surveys We will conduct vegetation surveys for Birch Island and Smetana Lakes to measure the current extent of invasive species such as curlyleaf pondweed and the types and diversity of overall vegetation present in the lake. Two point- intercept surveys per lake will be conducted. TASK 4—BREN LANE POND Bren Lane pond is upstream of Round Lake and is currently experiencing extensive duck weed growth and is discharging nutrients to the Round Lake stormwater system. Previous work has found barley straw reduces pond phosphorus if the fish community is not densely populated with bullheads and minnows. The hard freeze this winter should reduce the fish population in Bren Lane Pond. In 2009, duckweed was controlled by barley straw in August and September. Work proposed for 2010 for Bren Lane includes a CAMP level water quality sampling program and a treatment with barley straw of 600 pounds per acre which is higher than the last two years. This level of barley straw should produce good duckweed control throughout the whole summer. TASK 5-REPORT REQUIREMENTS Once the analysis is completed a final report will be prepared to summarize the results for each individual water body sampled. The report must include the following information: Analysis of existing conditions. Recommendations for future actions Costs associated with the final reports are included with the specific tasks 1-4 and 6. TASK 6-ROUND LAKE AQUATIC PLANT SURVEYS We will conduct early season and late season aquatic plant surveys of Round Lake to assess non-native plants as well as native plants and compare the plant community to previous conditions. A Draft report will be submitted for review and approval prior to finalization of the report. The Drafts will be submitted by February 1,2011. The final report will be submitted within 30 days of approval of the Draft. The Consultant should anticipate one meeting with City Staff and one meeting with the Conservation Commission to present the results of the project. Two (2) original, stapled copies and one(1)PDF copy of each Final Report will be submitted. -2- Cost for Tasks 1 through 6 for 2010 Monthly 2/Month 2/Month Plant Barley Costs Total May-Sept TP,OP, May- Surveys Straw Costs TP,OP,Chl, Chl,NH„ Sept NH3,NO,-NO2, NO3-NO2, TP,Chl, Labor For Lab Report TKN,TSS,Fe TKN Secchi Sampling Costs Costs TASK 1. STARING LAKE WATERSHED We aPurgato Creek Park 5X 500 5 x 175 5 500 $1,875 Stormwater pond 5X 500 5 x 1 875 500 $1,875 Subtotal $3,750 TASK 2. WATER QUALITY SAMPLING -RED ROCK LAKE Red Rock monitoring 10X 900 140 x 10 600 $2,900 =1,400 Subtotal $2,900 TASK 3. LAKE SAMPLING Birch Island 10X 900 700 600 $2,200 Bryant 10X 900 700 600 $2,200 Neill 10X 900 700 600 $2,200 Smetana 10X 900 700 600 $2,200 Birch Island plant surveys X 2,400 included $2,400 Smetana plant surveys X 2,600 included $2,600 Subtotal $13,800 TASK 4. BREN LANE POND Bren Lane pond sampling 10X 900 700 600 $2,200 Bren Lane barley straw 1,400 500 700 600 $1,800 pounds Subtotal $4,000 TASK 6. ROUND LAKE AQUATIC PLANT SURVEYS Round Lake plant surveys 2,200 included $2,200 Subtotal $2,200 Total Costs $26,650 -3- Rev. 8-07-2009 Standard Agreement for Professional Services This Agreement is made on the 20th day of April , 2010, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Blue Water Science , a Minnesota company_(hereinafter "Consultant") whose business address is Blue Water Science, 550 S. Snelling Ave., St. Paul, MN 55118 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 2010 Lake and Water Quality Sampling Program 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" ( 2010 Water Quality Sampling Proposal dated April 2, 2010 ) 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 April 21, 2010 through March 31, 2011 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 $ 26,650 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: 1 Rev. 8-07-2009 A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Steve McComas 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. 2 Rev. 8-07-2009 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 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 3 Rev. 8-07-2009 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 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 4 Rev. 8-07-2009 services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non- owed vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO form CG 20 10 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 5 Rev. 8-07-2009 available. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. 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. 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 6 Rev. 8-07-2009 enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City(including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in 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 7 Rev. 8-07-2009 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: jr4ANZilikt Its: OUil\1 R. 8 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 20, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC# 08-5717 ITEM NO.: VIII.K. Leslie Stovring Riley Creek Bank Restoration(Reach Public Works /Environmental F1 —F2) Services Requested Action Move to: Authorize an agreement with Hennepin County for Eden Prairie to receive a grant to be used for the implementation of stabilizing and restoring Reach F 1 /F2 of Riley Creek. Synopsis The Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) previously evaluated the stretch of Riley Creek from Riley Lake to the Minnesota River for erosion and stabilization issues. Reach F1 / F2 is upstream of Eden Prairie Road and was rated as having moderate to severe erosion. Hennepin County offered the opportunity to apply for grant funding to assist in stabilizing and restoring this section of Riley Creek. The grant is for $25,000 and will be used to off-set the proposed project costs which are estimated at$100,000. Background The City is currently developing plans for reconstruction of a segment of Eden Prairie Road that crosses Lower Riley Creek. During a review of the site to evaluate potential creek impacts due to the project, the Department of Natural Resources (DNR) requested that the City stabilize and restore a significantly eroded section of Lower Riley Creek that lies upstream of Eden Prairie Road. The creek section is approximately 450 feet in length and is identified as Reach F 1 / F2 by the RPBCWD in their Use Attainability Analysis completed for Lower Riley Creek. The award of the grant funds would allow the City to start the creek stabilization project in 2010. The costs for this project will be paid out of the stormwater utility fund. Attachments • Attachment I—Hennepin County Grant Agreement BAR10-0088 Contract No. A100130 RIPARIAN RESTORATION AND STREAM BANK STABILIZATION GRANT AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND THE HENNEPIN COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES This Agreement is between the County of Hennepin, State of Minnesota("County")at A2300 Government Center, Minneapolis,MN 55487 by its Department of Environmental Services,417 North Fifth Street, Suite 200, Minneapolis,Minnesota, 55401-3206("Department")and the City of Eden Prairie("Grantee")with offices located at 8080 Mitchell Road,Eden Prairie,MN 55344. Grantee has submitted an application to the County for a grant to be used for the implementation of stabilizing and restoring approximately 450 feet of Riley Creek just upstream of Eden Prairie Road. The application is incorporated into this Agreement by reference. The parties agree as follows: 1. GRANT AMOUNT AND COMPLETION The County shall grant to Grantee a sum not to exceed Twenty Five Thousand Dollars($25,000.00)which funds shall be only for expenses incurred in performing activities specified in the Application and as may be further described in Exhibit A to this Agreement or as approved by the County. Approved stabilization and restoration activities as may be described in the application and Exhibit A are referred to as the"Project". Administrative costs incurred by Grantee are not eligible for reimbursement. Grantee shall complete the Project before December 31,2011 and within the terms stated herein. Any material change in the scope of the Project, including time schedule and budget,must be approved in writing by the County. Funds made available pursuant to this Agreement shall be used only for expenses incurred in performing such purposes and activities described in the Application and this Agreement. 2. ACCOUNTING AND RECORD KEEPING For all expenditures of funds made pursuant to this Agreement,Grantee shall keep financial records including properly executed contracts,invoices, and other documents sufficient to evidence in proper detail the nature and propriety of the expenditures. Accounting methods shall be in accordance with generally accepted accounting principles. The County,the State Auditor,or any of their duly authorized representatives at any time during normal business hours,and as often as they may reasonably deem necessary, shall have access to and the right to examine,audit, excerpt,and transcribe any books, documents,papers,records, etc.,which are pertinent to the accounting practices and procedures of Grantee and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the Agreement and for six(6)years after its termination or cancellation. 3. PAYMENT/DISBURSEMENT SCHEDULE County will disburse funds to Grantee pursuant to this Agreement,based on a payment request form provided by the County, submitted by Grantee and approved by the County. Payment requests can be submitted once per month and must be accompanied by supporting invoices that relate to activities in the approved Project budget. Subject to verification of adequacy of a written disbursement request and approval of consistency with this Agreement,the County will disburse the requested amount to Grantee within six(6)weeks after receipt of a written disbursement request. HCAO Form 101 2009(Revised 8/08) 1 4. REPORTING Grantee shall submit to the County semi-annual progress reports on the distribution of funds and the progress of the Project. The reports must be received by the County no later than July 15 and January 15 of each year(July 15, 2010,January 15,2011, July 15, 2011 and January 15, 2012). The report shall conform to the requirements and formats set by the Board of Soil and Water Resources. In addition,the required documentation listed in Exhibit A should be supplied as it becomes available. 5. CONTRACTS Grantee shall include in any contract,provisions that require contractors to comply with all applicable State and Federal laws and regulations regarding employment and workplace safety. In accordance with Hennepin County's policies against discrimination, Grantee shall not exclude any person from full employment rights or participation in or the benefits of any program,service, or activity on the grounds of race, color,creed,religion,age,sex, disability,marital status, sexual orientation,public assistance status,or national origin;and no person who is protected by applicable Federal or State laws,rules, or regulations against discrimination shall be otherwise subjected to discrimination. Public Grantees and any contractors or subcontractors performing services as part of this Agreement shall follow that public Grantee's Affirmative Action policy against discrimination. 6. TERMINATION,CANCELLATION AND ASSIGNMENT This Agreement may be canceled by the County upon thirty(30)days written notice to Grantee without cause. In the event of such cancellation, Grantee shall be entitled to payment,determined on a pro rata basis, for work or services satisfactorily performed up to the effective date of such cancellation. If the County finds that there has been a failure to comply with the provisions of this Agreement,that reasonable progress has not been made toward commencement or completion of the activities specified in the Application and this Agreement,notwithstanding any other provisions of this Agreement to the contrary and after written notice and reasonable opportunity to cure,the County may refuse to disburse additional funds and/or require the return of all or part of the funds already disbursed,to the extent such funds were used for purposes other than activities contemplated by this Agreement. This Agreement may not be assigned without the prior written consent of the County. 7. INDEPENDENT CONTRACTOR Grantee shall select the means,method,and manner of performing the Project. Nothing is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties or as constituting Grantee as the agent,representative, or employee of the County for any purpose. Grantee shall remain an independent contractor with respect to all services and activities performed under this Agreement. Any personnel of Grantee or other persons while engaged in the performance of any work or services required by Grantee under this Agreement will have no contractual relationship with the County, and will not be considered employees of the County. The County shall not be responsible for any claims that arise out of employment or alleged employment under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of any personnel,including,without limitation,claims of discrimination against Grantee,its officers, agents, contractors, or employees. Grantee shall defend,indemnify and hold harmless the County, its officials,officers, agents,and employees from all such claims irrespective of any determination of any pertinent tribunal,agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation,rights,or benefits of any kind whatsoever from the County, including,without limitation,tenure rights,medical and hospital care,sick leave,Workers' Compensation,Re-employment Compensation,disability, severance pay, and retirement benefits. HCAO Form 101 2009(Revised 8/08) 2 8. INDEMNIFICATION Grantee agrees to defend,indemnify and hold harmless,the County, its officials, officers,agents,volunteers and employees from any liability, claims, causes of action,judgments,damages,losses, costs, or expenses,including reasonable attorney's fees,resulting directly or indirectly from any act or omission of Grantee, its contractors or subcontractors or anyone directly or indirectly employed by them,and/or any party that directly or indirectly benefits from the activities specified in this Agreement,and/or anyone for whose acts and/or omissions they may be liable in the performance of the activities specified in this Agreement and against all loss by reason of the failure of Grantee to perform any obligation under this Agreement. Nothing in this Agreement constitutes a waiver by the City of any statutory or common law, defenses, immunities, or limits on liability. The obligation of the City under this section cannot exceed the amount that the City would be obligated to pay under the provisions and limitations of Minn. Stat. Chap 466. 9. INSURANCE In order to protect the County and those listed above under the indemnification provision,Grantee agrees at all times during the term of this Agreement and beyond such term when so required,to have and keep or cause to have and be kept in force, and to cause all contractors to do likewise,the following insurance coverages under either a purchased insurance or self-insurance program: 1. Commercial General Liability on an occurrence basis with Contractual Liability Coverage: Limits General Aggregate $2,000,000 Products-Completed Operations Aggregate 2,000,000 Personal and Advertising Injury 1,500,000 Each Occurrence— Combined Bodily Injury and Property Damage 1,500,000 2. Automobile Liability—Combined single limit each occurrence for 1,500,000 bodily injury and property damage covering owned,non-owned,and hired automobiles. 3. Workers'Compensation and Employer's Liability: a. Workers' Compensation Statutory If the contractor is based outside the State of Minnesota, coverage must apply to Minnesota laws. b. Employer's Liability. Bodily Injury by: Accident—Each accident 500,000 Disease—Policy Limit 500,000 Disease—Each Employee 500,000 4. Professional Liability— Per Claim 1,500,000 Aggregate 2,000,000 The insurance must be maintained continuously for a period of two years after the termination of this Agreement. Grantee shall require that any independent contractors rendering assessment and/or activities under this Agreement furnish certificates of insurance to Grantee of the insurance coverages listed above, and provide updated certificates as coverages expire. An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. The above establishes minimum insurance requirements. It is the sole responsibility of Grantee to determine the need for and to procure additional insurance which may be needed in connection with this Agreement. Copies of policies shall be submitted to the County upon written request. HCAO Form 101 2009(Revised 8/08) 3 Grantee shall not commence work until it and any contractors have obtained the required proof of insurance which clearly evidences required insurance coverages. If Grantee fails to furnish proof coverages,if requested by the County,the County may withhold payments and/or pursue any other rights or remedy allowed under the contract,law, equity, and/or statute. 10. DATA PRACTICES Grantee,its officers,agents, owners,partners, employees,volunteers and subcontractors shall abide by the provisions of the Minnesota Government Data Practices Act,Minnesota Statutes,Chapter 13 (MGDPA),the Health Insurance Portability and Accountability Act and implementing regulations,if applicable,and all other applicable state and federal laws,rules,regulations and orders relating to data privacy or confidentiality. If Grantee creates, collects,receives, stores,uses,maintains or disseminates data because it performs functions of the COUNTY pursuant to this Agreement,then Grantee must comply with the requirements of the MGDPA as if it were a government entity, and may be held liable under the MGDPA for noncompliance. Grantee agrees to defend, indemnify and hold harmless the COUNTY,its officials, officers,agents,employees, and volunteers from any claims resulting from Grantee's officers', agents',owners',partners',employees',volunteers',assignees' or subcontractors'unlawful disclosure and/or use of such protected data,or other noncompliance with the requirements of this section. Grantee agrees to promptly notify the COUNTY if it becomes aware of any potential claims, or facts giving rise to such claims,under the MGDPA. The terms of this section shall survive the cancellation or termination of this Agreement. 11. MERGER AND MODIFICATION It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations,variations,modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. 12. PREVAILING WAGE It is the responsibility of the Grantee or contractor to pay prevailing wages on construction projects to which state prevailing wage laws apply(Minn. Stat. 177.42—177.44).All laborers and mechanics employed by grant recipients and subcontractors funded in whole or in part with these state funds shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality. 13. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and performance under it. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation,however,in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid,illegal or unenforceable,the remaining provisions will not be affected. The Remainder Of This Page Was Intentionally Left Blank HCAO Form 101 2009(Revised 8/08) 4 COUNTY BOARD AUTHORIZATION GRANTEE,having signed this agreement,and the Hennepin County Board of Commissioners having duly authorized this agreement on the of ,2010,and pursuant to such approval,the proper County officials having signed this agreement,the parties hereto agree to be bound by the provisions herein set forth. Reviewed by the County Attorney's COUNTY OF HENNEPIN Office STATE OF MINNESOTA By: Assistant County Attorney Chair of Its County Board Date: ATTEST: Deputy/Clerk of County Board Date: By: Richard P.Johnson, County Administrator Date: By: Assistant County Administrator,Public Works Recommended for Approval Date: By: Director,Department of Environmental Services Date: GRANTEE Grantee warrants that the person who executed this Agreement is authorized to do so on behalf of GRANTEE as required by applicable articles,bylaws,resolutions or ordinances. Name: CITY OF EDEN PRAIRIE By: Phil Young,Mayor Date: And: Scott Neil,City Manager Date: HCAO Form 101 2009(Revised 8/08) 5 Exhibit A Lower Riley Creek Bank Stabilization Project, City of Eden Prairie Project Summary: This project proposes to stabilize approximately 450 feet of Riley Creek just upstream of Eden Prairie Road. This section of Riley Creek has experienced stream bank erosion, causing excessive siltation and nutrient loading into the creek itself and further downstream into the Minnesota River. As part of this project a combination of stream channel best management practices will be constructed along this section of Riley Creek to stabilize and protect it. The following costs are based on a budget submitted by Grantee. Modifications must be approved in writing by the County. Approved Budget for the Lower Riley Creek Bank Stabilization Project: Activities relating to the stabilization and restoration of Riley Creek(as identified in the Hennepin County Riparian Restoration and Stream Bank Stabilization Program Application for Lower Riley Creek Bank Stabilization Project dated October 9, 2009)including the preparation of project specifications and designs, and related site stabilization and restoration work, operation and maintenance plans and related consulting and inspection. Costs associated with said work. $ 25,000 Total: $ 25,000 Required Documentation to be Submitted to Hennepin County: • Project Design and Specifications • Conservation Corps of Minnesota or Tree Trust Contractual Agreements • Consultant/Contractor Invoices • Semi-annual project progress/summary report(s)per Board of Water and Soil Resources format. • Certification that the project was installed according to the approved plans and specification. • Operation and maintenance plans covering the life of the practice(10 years)must be included with the design standards. A-1 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 20, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.L. Leslie Stovring IC# 10-5769 Staring Lake Watershed Public Works/Environmental Pond Inventory Project Requested Action Move to: Approve the Professional Services Agreement for the Staring Lake Watershed Stormwater Pond Inventory Project from Wenck Associates in the amount of $166,862. Synopsis The proposal from Wenck is to provide an inventory of the stormwater ponding system within a portion of the Staring Lake watershed. The inventory will be used to select projects for completion after 2010. The Staring Lake project is the first step towards completing a city-wide stormwater treatment inventory required in the Schedule of Compliance (SOC) set by the Minnesota Pollution Control Agency. The costs of pond inventory will be paid out of the stormwater utility. Background Information The City has been working on developing a stormwater treatment system inventory since 2003. The current inspection program includes visual inspection of stormwater treatment areas (including lakes, ponds, wetlands, ditches, raingardens, drainage swales and creek segments) to identify problems that require repair. However, the SOC requires additional inspections to determine stormwater treatment volume and effectiveness for each stormwater treatment area. The plan to complete the inventory was required by March 15, 2010. City staff completed a Request for Proposal (RFP) for the stormwater pond inventory project on February 19, 2010 and sent it to the MPCA for review. The MPCA approved the scope of work on April 7, 2010. The RFP was sent to three consultants for bids (Barr Engineering, HTPO, Inc and Wenck Associates). The bids were submitted on a "per stormwater treatment area" basis as the final number of areas evaluated may change as the inventory proceeds and new ponding areas are identified or it is determined that certain areas will not require analysis. At this time, the City has identified approximately 175 stormwater treatment areas within the study area. The estimate was based on the consultant evaluating 75 to 150 stormwater treatment areas for the project. The lowest bid was received from Wenck. The services Wenck will provide include items such as the following: • Survey current pond depth and bathymetric contours for each selected water body. • Compare existing conditions with as-built information. • Calculate the removal efficiency(%) for phosphorus and sediment. • Determine which ponds need sediment removal (based on sedimentation of 50% or more of the original volume reduction capacity). • Develop a spreadsheet listing each water body's current capacity versus the as-built condition or estimated pre-stormwater usage condition. • Develop a model to evaluate the watershed runoff entering Staring Lake from the study area. • Analysis of the treatment effectiveness of ponds which are located within the study area to determine whether opportunities exist to upgrade functionality of the ponds in areas where additional treatment may benefit the lake and/or Purgatory Creek. The estimated cost for 2010 is $166,862 based on analysis of 150 stormwater treatment areas within the study area. Stormwater treatment areas that receive no public drainage or ponds located within Minnesota Department of Transportation or Hennepin County right-of-way do not need to be included in the inventory. Costs will be paid from the storm water utility fund. Attachments • Contract for Stormwater Pond Inventory Project • Standard Agreement for Professional Services items'$ ,- ,• ,46.. . :. ., PROPOSAL FOR POND INVENTORY joi vipalii AND MAINTENANCE iiiii PROGRAM = - - EVALUATION CITY PROJECT 02-5585 siti y+141 '; Prepared for.).. rF-I 1 in- , _. '..- ' iM yoti CoAAkr Ni 1,41 F t, 1 t I , • 'il . 4 '',V '. k -`.,,,-,N,` ;24 . .i . . , 4 . ; =- CITY OF EDEN PRAIRIE 8080 Mitchell Road r = :. - •_ • Eden Prairie, Minnesota 55344 L,, , . ' . Prepared by: ri it _. _G �^ _ 11A n l _... , Engineers - Scientists !41, r` x ,-.`'- - ii Wenck Associates, Inc. 1800 Pioneer Creek Ctr. P.O. Box 249 - Maple Plain, MN 55359-0249 __ :1/ _� =ram fir_ ,: >` . *041' March 15, 2010 Wenck Associates,Inc. 1800 Pioneer Creek Ctr. P.O.Box 249 Maple Plain,MN 55359-0249 AteA\.I\/ n I (763)479-4200 Fax(763)479-4242 E-mail:wenckmp@wenck.com Engineers - Scientists April 12, 2010 Ms. Leslie A. Stovring Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Proposal for Pond Inventory, Maintenance Program Evaluation, and Staring Lake Loading Assessment City Project 02-5585 Dear Ms. Stovring: Thank you for the opportunity to submit this proposal to assist the City of Eden Prairie with the Pond Inventory, Maintenance Program Evaluation, and Staring Lake Loading Assessment. Our proposal will demonstrate that the Wenck approach is the best choice for the City both now and for future maintenance evaluations. We have assembled a team of engineers and scientists with considerable experience in providing the GIS, inspection, modeling, and reporting services for the City. Out team is enthusiastic about continuing to serve the City, and we trust you will find Wenck to be well-qualified and responsive to your needs. Our employee-owners pride themselves on providing to our clients unmatched service, sound strategic advice, and technical excellence that fosters good decision-making and helps realize on-the-ground improvements. Thanks for the opportunity to work with you again. Sincerely, WENCK ASSOCIATES Joe Bischoff Ed Matthiesen, P.E. Project Manager Principal (763)-479-4229 (763) 479-4208 jbischoff@wenck.com ematthiesen@wenck.com Table of Contents Why Wenck? 1 Project Approach 2 Tasks, Schedule, and Budget 8 WencI< Engineers-Scientists Why Wenck? Wenck Associates, Inc. is a full-service environmental and civil engineering firm with experience in planning, design, construction, and maintenance of water resource and storm drainage facilities. We have worked with municipal, county,watershed, and private clients to inventory and evaluate their infrastructure and maintenance plans to assure compliance with federal, state, and local regulations as well as to meet engineering and good housekeeping standards. We understand and are experienced with the Minnesota Pollution Control Agency's NPDES stormwater general permit and industrial stormwater standards. Wenck completed the City of Eden Prairie's Local Water Management Plan, the Plan Update, and the Nondegradation Plan and brings to the City skills and experience that expand on those previous. The proposed study takes the Nondegradation Assessment and Local Water Management planning documents a step further to evaluate whether current conditions satisfy goals outlined in the plans. Throughout this proposal,we intend to demonstrate the following benefits the Wenck team offers the City. • Easy-to-Use Technical Information Wenck engineers and scientists pride themselves on technical excellence. More important, however, Wenck staff is focused on conveying the meaning of this technical information to the client and how it will impact their business or operation. Just recently, Wenck staff presented study results and recommendations at a public meeting where one of the stakeholders commented after the meeting that it was an interesting and informative presentation. Other stakeholders felt involved because the topics were presented clearly and answers to questions were concise yet instructive. • Established Working Relationships The Wenck team is very familiar with surface water resources in the City. We wrote your Nondegradation Assessment and Local Water Management Plan and Plan Update. We have worked with City staff, files, and models in the past. This familiarity will save the City time and money in not having to re-educate us on how you execute projects. • Looking to the Future The Staring Lake subwatershed is one of many in the City. Wenck intends to complete this study so that it can be used as a template for future subwatershed studies in the City. The electronic, GIS-based approach will enable easy transfer and display of information to City staff, residents and policy-makers. 1 -AdalWencl< Engineers-Scientists Project Approach The Wenck team understands that the City of Eden Prairie seeks the services of an engineering consultant to inventory and analyze stormwater facility performance and maintenance needs in the Staring Lake subwatershed. Wenck's approach is to use an all-electronic method of evaluating, collecting and processing the pond inventory and maintenance needs. This method will allow for easy transfer of data to City staff and application to other subwatersheds in the City. Task 1 — Stormwater System Analysis This task consists of identifying basins where the City is responsible for maintenance and selecting basins for further field evaluation. (Throughout this proposal,we will refer to constructed stormwater ponds and stormwater wetlands collectively as "basins.") Basin identification will be coordinated with City staff to determine which basins are located on City property, within City right-of-way, or under a drainage and utility easement. We expect to locate basins on City property and within City right-of-way using GIS-based parcel information from the City. We will need assistance, however, from City staff in determining which basins may be under drainage and utility easements. There appear to be approximately 168 basins located in the Staring Lake Subwatershed based on the map included with the Request for Proposals. We will verify that number using the Local Drainage Plan Update, Local Water Management Plan, and GIS files with 2-foot contour data. After establishing the total number of basins, we will discuss with City staff whether all basins must be selected for field evaluation(Task 2). Rather than evaluating all basins, Wenck will reduce City cost by selecting basins based on the likelihood of sedimentation and the relative significance of the basin in the overall stormwater treatment system. Wenck will evaluate each basin on a case-by-case basis by considering factors such as basin size, the size and land use of the tributary area, and the proximity to sensitive downstream water bodies. In general, the basins selected for field evaluation will be those considered to have the greatest potential for maintenance needs related to sediment build-up. MS4 permit requirements, however, may require eventual field evaluation of the "non-selected"basins. Task 1 also includes two important meetings. The first is the kick-off meeting with City staff to further discuss project goals and refine the scope of work as necessary to ensure it satisfies the items noted in the "Schedule of Compliance" issued by the MPCA and MS4 requirements. We suggest inviting MPCA to this meeting to ensure that they buy into the approach. We understand that a second meeting may be necessary to ensure that all relevant data has been collected from the City for Wenck to start the project. After completion of Task 1, the Wenck Project Manager will meet with City staff a third time to determine which basins will be selected to undergo additional analysis in Tasks 2 and 3. Task 1 Deliverable: • Spreadsheet or database listing the water bodies identified for inclusion in the project. 2 AWencl< Engineers-Scientists Project Approach (cont.) Task 2- Sedimentation Survey For Task 2, Wenck will visually inspect and perform a bathymetric survey for each basin identified in Task 1. This information will be used to determine if maintenance is required and assess the basin pollutant removal performance (Task 3). Wenck will review or collect the following by visual inspection: • Review storm sewer, grading, and utility plans available for each basin prior to field evaluation. If possible, these plans will be taken into the field with the inspector to allow for easy comparison between the proposed and constructed facilities. • Photograph basin features. • Identify and report plain-sight maintenance needs (i.e., erosion, accumulation of debris on trash racks, repairs to damaged structures)using the "Stormwater System Follow-Up Checklist"provided in the Request for Proposals. This information will be entered into our hand-held GPS unit such that it can be easily downloaded into the City Water Body Inventory database or a spreadsheet back in the office. • Estimate the percentage of the pond's permanent pool surface regularly covered by aquatic vegetation. • Measure the basin length and width. Wenck will conduct a more detailed survey of the basin sedimentation and interaction with the groundwater table. We will conduct the sedimentation survey using a survey-grade sub- centimeter GPS unit. The survey will include a bathymetric survey of the basin, estimation of accumulated sediment depth, water surface elevation, and basin outlet/overflow data. Cross- sections will be surveyed throughout each basin to determine the bathymetry, and we will estimate the depth of sediment using a metal probing rod. We do not believe that soil borings and subsequent soil analysis are warranted to determine the original bottom of the basin. Similar to work we have done in County Ditches and at Albert Lea Lake (18 feet of accumulated sediment), the probe is advanced into the basin muck until resistance is felt(the original basin bottom). We will record that depth and compare it to the design, if available. Wenck staff will estimate the local groundwater table using a 2- or 4-inch hand auger. Similar to wetland delineation, the hand auger will be advanced into the soil to determine the depth of saturated soils. This depth will then be compared to the normal water level of the basin to determine if the basin intersects local groundwater. For comparison,we will also review other local groundwater data that may be available. After completing Task 2, Wenck will meet with City staff to review the results of Task 2 and the scope of work for Task 3. Task 2 Deliverable: • Expand the spreadsheet or database from Task 1 to include the measured parameters from Task 2. 3 -WIWenCI< Engineers-Scientists Project Approach (cont.) Task 3- Basin Analysis Task 3 analyzes the data collected from Task 2 to determine the sedimentation level,pollutant removal effectiveness of the basin, and, ultimately, which basins need sediment removal. Wenck will use ArcMap software to import the GPS survey data from the field evaluation to determine the degree of sediment deposition in each basin. The ArcMap software will allow Wenck to calculate the volume of the basin below any elevation. Therefore, we can quickly calculate the basin surface area,permanent pool volume, and live storage volume. From this information, we will then estimate the degree of sedimentation by comparing the volume to the design or as-built plans for each basin. Where design or as-built plans are not available, we will determine the degree of sedimentation using the probing rod results for those cases. Using the spreadsheet from Task 2, Wenck will calculate the water quality volume draining to the basin and the permanent pool volume within the basin. Flood elevations will be obtained from design plans, or estimated using the top elevation of the basin. Following guidance from the Minnesota Stormwater Manual,we will determine if each basin is on- or off-line, map the path of stormwater flow, and calculate the length to width and ratios of permanent and temporary storage area to the drainage area. Wenck will determine the load-based removal efficiency of each basin using a numerical relationship developed from the computer model P8. We will run the P8 model with a"dummy" subwatershed and variety of pond permanent pool volumes to determine the total suspended solids (TSS) and total phosphorus (TP) removal efficiencies. These removal efficiencies will then be compared to those for a basin designed to NURP standards. This will produce a simple relationship with which to compare each basin evaluated in the field. Wenck will prioritize basin maintenance based on the degree of sedimentation found in each pond, its hydrologic proximity to public waters, and the potential water quality benefits of increasing permanent pool volumes. We will discuss with City staff whether the plain-sight maintenance needs identified during the field evaluation should be included in our prioritization. The City may wish to exclude and evaluate these items on a case-by-case basis and incorporate them into ongoing maintenance programs. Wenck and City staff will meet at the completion of Task 3 to discuss the priority rankings and determine which basins will be selected for the NURP Criteria Analysis in Task 4. Task 3 Deliverable: ■ Expand the spreadsheet or database from Task 2 to include the calculated parameters from Task 3. The data will be in a format compatible with the City's GIS system. Task 4— NURP Criteria Analysis The purpose of Task 4 is to quantify the water quality improvement of dredging or expansion of the priority basins with the goal of satisfying NURP standards. The rankings developed in Task 4 AlAWencl< Engineers-Scientists Project Approach (cont.) 3 will indicate which basins require dredging or could be expanded. We do not anticipate that all basins included in the field inventory will be selected for analysis in Task 4 because of physical (site restraints) or ownership limitations. NURP standards require that stormwater ponds have a permanent pool volume that is at least equal to the runoff from a 2.5-inch, 24-hour storm event. For the priority basins, Wenck will estimate the amount of dredging or expansion that is practical and re-evaluate the load-based removal efficiency. Task 4 Deliverable: ■ Expand the spreadsheet or database from Task 3 to include the revised load-based removal efficiency from Task 4. Task 5— Report Requirements Upon completion of the analysis, Wenck will complete a final report to summarize the methods and results of the study. The report will detail the methods of the field evaluation and analysis from Tasks 2, 3, and 4, and highlight critical maintenance activities including individual basin sediment volumes. Plain-sight maintenance activities will be summarized using tables and figures rather than a detailed explanation for each individual basin visited during the field evaluation. We will also discuss easement needs for the City to consider. The report will present cost considerations for the recommended maintenance activities. Among these, dredging and disposal of sediment is likely the most costly. Therefore, our planning-level cost estimates will include costs for sediment characterization, mobilization, site preparation, dredging, sediment disposal, minor storm sewer work, site restoration, and erosion control. We will also discuss cost impacts if contamination is identified in any dredged material. The report will also identify whether proposed improvements will require a permit. Local, state and federal permits for construction may be required. Most importantly, though, is that the Minnesota Wetland Conservation Act (WCA) may apply to any proposed work in stormwater wetlands. The report will address what actions by the City do and do not require a WCA permit. Wenck will submit a draft report to City staff for review and approval prior to finalizing the report. We expect one meeting with City staff and one meeting with the Conservation Commission to present the results and recommendations of the study. Task 5 Deliverables: • Final spreadsheet or database from Task 4. • All GIS files. • Project report to include all office, field and modeling analyses conducted by the project team. 5 -WIWencI< Engineers-Scientists Project Approach (cont.) Task 6- Meetings, Project Management & Project Summaries Task 6 includes attendance at the seven meetings noted in Tasks 1-5 above, mileage, and project coordination time. The task also includes drafting of a project summary to be attached to each invoice. The project summary will detail the amount billed to date, tasks which need to be completed, the estimated cost to complete these tasks, and the projected timeline for completion of the project. Task 6 Deliverables: • Attendance at meetings specified in Tasks 1-5 above. • A project summary report with each monthly invoice. Additional Services The scope of work discussed in Tasks 1-6 will provide the City with an assessment of pond performance in the Staring Lake watershed. It will not, however, indicate whether this is an adequate level of pollutant removal for Staring Lake. Therefore, Wenck proposes the following additional tasks to provide the City with P8 and lake-response models for the Staring Lake watershed. P8 is an industry-standard model developed to assess pollutant loading in urban watersheds. Similarly, BATHTUB is widely-used model used to assess in-lake pollutant concentrations as a result of external and internal loads. P8 will be used to generate and predict external loads for the BATHTUB model, while sediment cores will be obtained from Staring Lake to estimate internal loading. We will complete the following tasks to accomplish the scope of work: Task A. Data Analysis Task A entails the collection and processing of data through GIS for developing watershed inputs for the P8 Model. The same process for developing model inputs will be used for this analysis as was used to create the models for the Nondegradation Plan. Input data includes subwatershed area, the watershed impervious fraction, and the pervious area curve number. Task B. P8 Modeling Wenck developed a P8 model that included the Staring Lake Watershed for the City of Eden Prairie's Nondegradation Plan. We will expand on this model to include each basin identified for field evaluation in Pond Inventory Project. Watershed information will be determined from the land use analysis and basin data will be taken directly from the field evaluation. The model will be validated using water quality monitoring data where available. Task C. Evaluate P8 Model Results 6 AlAWencl< Engineers-Scientists Project Approach (cont.) P8 will be used to calculate watershed runoff loads for TSS and TP. Inserting basin data obtained from Pond Inventory Project will allow us to calculate the approximate amount of TSS and TP removed by the basins. These values, in turn, will serve as input for the BATHTUB analysis. Task D. Obtain Sediment Cores from Staring Lake Bottom Sediment. To assess the role of watershed loads in affecting Staring Lake water quality, it is important to know the level of internal loading in the lake. To assess the internal load, Wenck will collect sediment cores from the deepest part of the lake and measure the anoxic release of phosphorus from the sediments. These results will be combined with dissolved oxygen and temperature profiles from Staring Lake to develop annualized phosphorus loads from the sediments of Staring Lake. Task E. BATHTUB Modeling and Analysis. Once the watershed load and internal load has been determined, Wenck will use a spreadsheet version of BATHTUB to assess in-lake water quality response. This model will be conducted for up to 10 years depending on the availability of the data. The lake response model will then be used to determine the required level of effort in pond maintenance to meet established lake water quality goals such as state eutrophication standards. Task F. Draft Technical Memorandum to Summarize Results. Wenck will draft a technical memorandum to describe the modeling methods,results, and conclusions. We will evaluate the results of the Pond Inventory Project and discuss the implication on Staring Lake. For example, the Pond Inventory Project may show that significant maintenance of stormwater ponds is necessary; however, the P8 and BATHTUB assessment may show that Staring Lake is still protected, and perhaps being improved, although pond maintenance is needed. 7 AlAWencl< Engineers-Scientists Tasks, Schedule, and Budget There are five primary tasks to complete the project noted in the Request for Proposals. As we identified in the Project Approach, Wenck has added Task 6 to account for meeting time,project management, and project summaries and"Additional Services"to include P8 and BATHTUB models for the ponds included in Tasks 1-5. We are ready to begin Task 1 as soon as the City issues the notice to proceed. Our proposed schedule (Table 1) is flexible and can be adjusted to meet the specific needs of the City. Table 1. Tasks and schedule to complete the Eden Prairie Pond Inventory and Maintenance Evaluation and P8 and BATHTUB models. 2010 April May June July August September October Task or Deliverable 1 2 3 4 1 2 3 4 1 2 3 4 5 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 0 Notice to Proceed 1 Stormwater System Analysis 2 Sedimentation Survey 3 Pond Analysis 4 NURP Criteria Analysis 5 Final Report Additional Services The proposed budget has been estimated on a time and materials basis and includes expenses (mileage,printing, etc.). The tasks and cost per task are identified in Table 2. The cost to complete the project is presented in Table 2 on a per pond basis and as a range to give the City an idea of the total cost of the project. In discussion with City staff, the total number of basins to be considered for the inventory ranges from 76 (only those greater than 0.25 acres)to 168 (all basins). We assume that some basins will not be evaluated due to location, size, type (i.e., ditch), or drainage area. Therefore, the total cost will likely range from $70,292 (76 basins) to $127,050 (150 basins). The budget for the additional services discussed in the "Project Approach" section of this proposal is presented in Table 3 on a time and materials basis and includes expenses (mileage, printing, etc.). The total cost for the additional services will likely range from $33,774 (76 basins)to $39,812 (150 basins). 8 - -WIWenCI< Engineers-Scientists Tasks, Schedule, and Budget Table 2. Budget to complete the Eden Prairie Pond Inventory and Maintenance Evaluation. Task ID Description Not-to-Exceed Amount TASK 1 Stormwater System Analyses $6,700 TASK 2 Sedimentation Survey $360 / pond TASK 3 Pond Analysis $165 / pond TASK 4 NURP Criteria Analysis $105 / pond TASK 5 Report Requirements $137 / pond TASK 6 Meetings, Project Management & Project Summaries $5,300 Table 3. Budget to complete the additional services scope of work. Task ID Description Not-to-Exceed Amount TASK A Data Analysis $3,202 TASK B P8 Modeling $81 / pond TASK C Evaluate P8 Model Results $3,556 TASK D Obtain Sediment Cores from Staring Lake $7,826 TASK E BATHTUB Modeling and Analysis $5,712 TASK F Draft Technical Memorandum $4,712 -- Meetings (3) $2,610 Combining the requested scope of work with the proposed additional services, the total estimated project cost ranges from $104,066 to $166,862. 9 -WIWenCIC Engineers-Scientists Rev. 8-07-2009 Standard Agreement for Professional Services This Agreement is made on the b day, of 4ff , , 2010, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Wenck Associates, Inc., a Minnesota Corporation (hereinafter "Consultant") whose business address is 1800 Pioneer Creek Center, Maple Plain, MN 55359. 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 Staring Lake Pond Inventory, Maintenance Analysis, and Loading Assessment 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" [Proposal for Pond Inventory:.and:Maintenance Program Evaluation (City Project 02-5585)1 in connection with the Work(r 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 Pic it 2\ ) 20(D through R p n\ 30 I z 1\ 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 $166,862.00 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Projtept and when authorized in writing by the City. C. If Consultant is delayed; in pet orrxiance due to any cause beyond its reasonable control, including but not limite0o,;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. 1 Rev. 8-07-2009 Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending an'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 donsultant 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 Consultants.hall ,submit to the City, on a monthly basis, an itemized invoice for professional ser./as 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;cgmputation of amounts due for each employee, and the total amount due for' each prroject' task. Consultant shall verify all statements submitted for payment in compiiiap 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 qp;this:Agreement, the invoice or bill must include the following signed and dated stateknent: "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." r ' 2 1 Rev. 8-07-2009 6. Project Manager and Staffing. The Consultant has designated Joe Bischoff and Todd Shoemaker to serve on the Project,' They shall be assisted by other staff members as necessary to facilitate the completion drsfe 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 forla period of six (6) years after the effective date of this Contract. The Consultant shall at ell 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 pe 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 $1006Lar rrmore 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, timles'land for all purposes herein, the Consultant is an independent contractor and 'not an erployee 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- 3 Rev. 8-07-2009 discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and.will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shell assign, this Agreement, nor any interest arising herein, without the written consent of the other pelly,c. 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 aberein, 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, andiMinnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rujegt;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 defensefcosts 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 Rev. 8-07-2009 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 limits of liability on this Project: r ° ;6 Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General %` E Liability $1,;p00,000 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 $1s,000,0 9 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 minirkitil bf two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. C Rev. 8-07-2009 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 pi•80iston. 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 Pft s§ional 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 prpyielon that coverages afforded there under shall not be canceled or non renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of 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 bektiki ,e 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 6 Rev. 8-07-2009 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 Consyltant,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 underlyjngti 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,'omissio (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 regdired 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 ue'the'f formation for its purposes and the Consultant also may use the Information for its purpo`sr : Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in 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 fhebrequest for mediation unless a longer period of time is provided by agreement of the parties: Cost of mediation shall be shared equally 7 Rev. 8-07-2009 between the parties. Mediation shall•be held in the City of Eden Prairie unless another location is mutually agreed upon by the patties. The parties shall memorialize any agreement resulting from the mediation in a Mediate611Settlement 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 • J aye. , Ma`yo� City Manager WENCK ASS , . By: % Its: a7/ 8 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 20, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC# 10-5772 ITEM NO.: VIII.M. Leslie Stovring Approve repair and stabilization project Public Works/Environmental and authorize bids for two ponds south of Riverview Road Requested Action Move to: Approve an amended proposal from HTPO, Inc. for completing the Final Design Plans and Specifications for repair and stabilization of two ponds south of Riverview Road at a cost of$9,000 and approve plans and authorize bids for the project. Synopsis The City of Eden Prairie received notice from the Minnesota Pollution Control Agency (MPCA) regarding structural failures at two stormwater treatment facilities south of Riverview Road. This included a stilling basin constructed in 2001 (Water Body 36-42-C) and a floodplain pond constructed in 1987 (Water Body 35-23-A). The design for repair of the two basins was submitted to and approved by the MPCA on April 7, 2010. The cost of$9,000 together with the original contract amount of$48,000 brings the total cost for professional services for the repairs at this location to $57,000. The estimate for the construction costs is $200,000. Approval of this motion will authorize bids to be received in May. Background Information The City Council signed a Schedule of Compliance (SOC) with the MPCA on January 19, 2010. The SOC required that plans to repair the stilling basin and floodplain pond be provided within 60 days of signature. Final design plans were submitted to the MPCA in March 2010 and approved on April 7, 2010. Comments, concerns and recommendations received from the Lower Minnesota River Watershed District and the adjacent property owner have resulted in a scope change from an originally anticipated maintenance project to a more major reconstruction project. As a maintenance project the work anticipated would have been done on an informal quote basis. However, the project will now require that the City develop full plans and specifications resulting in an increased cost for engineering services. Financial Information The preliminary estimate for construction costs is $200,000 plus consulting fees of$57,000 for a total estimated project cost of $257,000. The project costs will be paid out of the stormwater utility fund. Attachments • Attachment I—HTPO Proposal • Attachment II—Engineer's Estimates Z p 1 I Engineering Surveying 71) 1) Landscape Architecture 1 L April 12,2010 Ms. Leslie Stovring City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: MPCA Storm Pond Repairs at Water Body 35-23-A Dear Leslie, The following estimate for changes to the scope of work identified in our Standard Agreement for Professional Services is provided for your consideration. Estimate Change in Scope of Service +$5,500.00 Construction Documents. Includes preparation of plan/profile drawing for storm sewer extension to the river, specification,bid form,and engineer's estimate. Assumes that bid package will be combined with Stilling Basin 36-42-C. +$3,500.00 Bid Administration,Construction Staking, and Record Drawing. Includes shop drawing review,one-half day for construction staking and shooting as-built location of storm sewer structures. $9,000.00 NET CHANGE In accordance with the Standard Agreement for Professional 7510 Market Place Drive Services,we respectfully request approval for this change in the Eden Prairie, MN 55344 scope of work. 952-829-0700 952-829-7806 fax www.htpo.com HANSEN THORP PELLINEN OLSON, INC. Stovring/Johnson April 12,2010 Page 2 Sincerely, Hansen Thorp Pellinen Olson, Inc. azK� 4 2-A.'s-- Laurie A.Johnson, P.E. Principal Approved: City of Eden Prairie Mayor City Manager Date STILLING BASIN 36-42-C EDEN PRAIRIE, MN ENGINEER'S ESTIMATE 04-06-2010 ITEM DESCRIPTION EST.QTY. UNIT UNIT PRICE TOTAL 1 Mobilization 1 Lump Sum $ 3,500.00 $ 3,500.00 2 Clear&Grub 0.5 Acre $ 5,000.00 $ 2,500.00 3 Pavement Removal(Includes Sawcut) 60 Sq.Yd. $ 5.00 $ 300.00 4 Remove Storm Sewer 97 Lin.Ft. $ 5.00 $ 485.00 5 Reconstruct Storm Structure 1 Each $ 1,500.00 $ 1,500.00 6 Rock Construction Entrance 1 Each $ 1,000.00 $ 1,000.00 7 Street Sweeping 5 Hour $ 110.00 $ 550.00 8 Common Borrow 100 CY $ 20.00 $ 2,000.00 9 Bituminous Roadway Replacement 60 Sq.Yd. $ 75.00 $ 4,500.00 (Includes Aggregate Base) 10 CL 5 Aggregate along Access Drive 125 Ton $ 20.00 $ 2,500.00 11 27"Catch Basin w/Frame&Casting 1 Each $ 2,000.00 $ 2,000.00 12 48"Catch Basin w/Frame&Casting 2 Each $ 3,000.00 $ 6,000.00 13 6"Perforated Pipe 117 Lin.Ft. $ 12.00 $ 1,404.00 14 12"HDPE Storm Pipe 43 Lin.Ft. $ 30.00 $ 1,290.00 15 24"HDPE Storm Pipe 136 Lin.Ft. $ 45.00 $ 6,120.00 16 21"RCP CL IV Storm Pipe 54 Lin.Ft. $ 45.00 $ 2,430.00 17 30"RCP CL III Storm Pipe 88 Lin.Ft. $ 60.00 $ 5,280.00 18 30"RCP Flared End Section w/Trashguard 1 Each $ 2,000.00 $ 2,000.00 19 Pipe Anchor 1 Each $ 1,000.00 $ 1,000.00 20 Pipe Bedding-Binder Stone 110 Ton $ 20.00 $ 2,200.00 21 Coarse Filter Aggregate MnDOT 3149.2H 27 Ton $ 20.00 $ 540.00 w/Geotextile Fabric,Type II 22 Random Riprap CL IV w/Geotextile Fabric,Type IV 82 Cu.Yd. $ 70.00 $ 5,740.00 23 Topsoil Borrow 400 Cu.Yd. $ 20.00 $ 8,000.00 24 GreenArmor System 7020 (Turf Reinforcement Mat,Flexible Growth Medium,& 1100 Sq.Yd. $ 11.00 $ 12,100.00 Seed BWSR Mix RI) 25 GreenArmor System 7020 (Turf Reinforcement Mat,Flexible Growth Medium,& 1250 Sq.Yd. $ 11.00 $ 13,750.00 Seed BWSR Mix U6) 26 Temporary Traffic Control 1 Lump Sum $ 2,500.00 $ 2,500.00 27 Silt Fence 100 Lin.Ft. $ 5.00 $ 500.00 28 Flotation Silt Curtain 50 Lin.Ft. $ 15.00 $ 750.00 29 Hale Bale Check Dam w/Snow Fence 100 Lin.Ft. $ 5.00 $ 500.00 30 Tree Protection Fence 140 Lin.Ft. $ 2.00 $ 280.00 TOTAL $ 93,219.00 WATER BODY 35-23-A EDEN PRAIRIE, MN ENGINEER'S ESTIMATE 04-06-2010 ITEM DESCRIPTION EST.QTY. UNIT UNIT PRICE TOTAL 1 Mobilization 1 Lump Sum $ 3,500.00 $ 3,500.00 2 Clearing and Grubbing 1 Lump Sum $ 1,500.00 $ 1,500.00 3 Remove Storm Sewer 16 Lin.Ft. $ 5.00 $ 80.00 4 Street Sweeping 5 Hour $ 110.00 $ 550.00 5 Clay Borrow(LV) 1200 Cu.Yd. $ 15.00 $ 18,000.00 6 Common Excvation(EV) 270 Cu.Yd. $ 12.00 $ 3,240.00 7 CL 5 Aggregate Modified 408 Ton $ 20.00 $ 8,160.00 8 Adjust Existing Catch Basin 3 Each $ 200.00 $ 600.00 9 72"Catch Basin w/Frame&Casting 1 Each $ 12,000.00 $ 12,000.00 10 48"HDPE Storm Pipe(13'Sections) 172 Lin.Ft. $ 75.00 $ 12,900.00 11 Pipe Bedding-Binder Stone 375 Ton $ 20.00 $ 7,500.00 12 Random Riprap CL IV w/Granular Filter Blanket 200 Cu.Yd. $ 75.00 $ 15,000.00 13 Topsoil Borrow 364 Cu.Yd. $ 20.00 $ 7,280.00 14 Seed(BWSR Mix R1)and mulch 1500 Sq.Yd. $ 0.75 $ 1,125.00 15 Enkamat 7010 Turf Reinforcement Mat 735 Sq.Yd. $ 7.00 $ 5,145.00 w/Seed BWSR Mix U6 16 Wood Fiber Blanket,Category 1(MnDOT 3885) 950 Sq.Yd. $ 2.00 $ 1,900.00 w/Seed BWSR Mix U6 17 Geotextile Fabric,Type II at check dams 1100 Sq.Yd. $ 3.00 $ 3,300.00 18 Temporary Traffic Control 1 Lump Sum $ 500.00 $ 500.00 19 Silt Fence 215 Lin.Ft. $ 5.00 $ 1,075.00 20 Floating Silt Curtain 65 Lin.Ft. $ 15.00 $ 975.00 TOTAL $ 104,330.00 PF-2 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 20, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.N. Sue Kotchevar, Office of the Resolution for reimbursement of prior City Manager expenditures Requested Action Move to: Adopt Resolution declaring the City's official intent to reimburse itself for prior expenditures out of the proceeds of a subsequently issued series of bonds. Synopsis IRS regulations require that a City make a declaration of its official intent to reimburse itself for prior expenditures out of the proceeds of a subsequently issued series of bonds and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. With this resolution, the City is declaring its intent to issue bonds to finance the purchase of the SCBA equipment, the metal roof at the water plant, and the Singletree Lane improvement project. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the "City"), as follows: 1. Recitals. (a) The Internal Revenue Service has issued Section 1.150-2 of the Income Tax Regulations (the "Regulations") dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the date of issuance. (b) The Regulations generally require that the City make a declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued series of bonds within 60 days after payment of the expenditures, that the bonds be issued and the reimbursement allocation be made from the proceeds of such bonds within the reimbursement period(as defined in the Regulations), and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. (c) The City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified. 2. Official Intent Declaration. (a) The City proposes to undertake the following project or projects and to make original expenditures with respect thereto prior to the issuance of reimbursement bonds, and reasonably expects to issue reimbursement bonds for such project or projects in the maximum principal amounts shown below: Project Maximum Amount of Bonds Expected to be Issued for Project Water Treatment Plant Metal Roof $364,000 SCBA Equipment $445,000 Singletree Lane Special Assessment Project $1,688,000 -1- (b) Other than (i) de minimis amounts permitted to be reimbursed pursuant to Section 1.150-2(f)(1) of the Regulations or(ii) expenditures constituting preliminary expenditures as defined in Section 1.150-2(f)(2) of the Regulations, the City will not seek reimbursement for any original expenditures with respect to the foregoing projects paid more than 60 days prior to the date of adoption of this resolution. All original expenditures for which reimbursement is sought will be capital expenditures or costs of issuance of the reimbursement bonds. 3. Budgetary Matters. As of the date hereof, there are no City funds reserved, pledged, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved, pledged, allocated on a long term basis or otherwise set aside)to provide permanent financing for the original expenditures related to the projects, other than pursuant to the issuance of the reimbursement bonds. Consequently, it is not expected that the issuance of the reimbursement bonds will result in the creation of any replacement proceeds. 4. Reimbursement Allocations. The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the reimbursement bonds to reimburse the source of temporary financing used by the City to make payment of the original expenditures relating to the projects. Each reimbursement allocation shall be made within 30 days of the date of issuance of the reimbursement bonds, shall be evidenced by an entry on the official books and records of the City maintained for the reimbursement bonds and shall specifically identify the original expenditures being reimbursed. ADOPTED by the City Council on April 20, 2010. Phil Young, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk -2- CITY COUNCIL AGENDA DATE: April 20, 2010 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.O. Community Development/Planning Anchor Bank Janet Jeremiah Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment in the Commercial Regional Service Zoning District on 1.06 acres; and • Adopt the Resolution for Site Plan Review on 1.06 acres; and • Approve the Development Agreement for Anchor Bank; and • Approve and Authorize Issuance of a Grading Permit for Anchor Bank subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated April 20, 2010 as approved by the City Council. Synopsis This is for construction of a new Anchor bank on the previous Krispy Kreme site within the overall Southwest Station PUD. Background Information A front yard setback waiver from 35 feet to 31 feet is requested for the building addition on the east side where an outdoor patio existed. This waiver may have merit for the following reasons: • The setback is consistent with the variance approved in 2003. • The distance between the building addition and Prairie Center Drive is over 100 feet. • The addition adds architectural interest. The 1st Reading of the Ordinance for the project took place on April 21, 2009. Since that time, Anchor Bank has acquired the property. The 120-Day Review Period has been extended to December 31, 2010. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Resolution for Site Plan Review 4. Development Agreement ANCHOR BANK CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 6-2010-PUD-1-2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, 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 PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Commercial Regional Service Zoning District 6-2010-PUD-1-2010 (hereinafter "PUD-1- 2010-C-REG-SER). Section 3. The City Council hereby makes the following findings: A. PUD-6-2010-C-REG-SER is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-6-2010-C-REG-SER is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-6-2010-C-REG-SER are justified by the design of the development described therein. D. PUD-6-2010-C-REG-SER is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of April 20, 2010, entered into between Anchor Bank, a corporation, and the City of Eden Prairie, (hereinafter "Development Agreement"). The Development Agreement contains the terms and conditions of PUD-6-2010- C-REG-SER, and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Commercial Regional Service District and shall be included hereafter in the Planned Unit Development 6-2010-C-REG-SER, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. 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 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21st day of April, 2009, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 20th day of April, 2010. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on , 2010. EXHIBIT A PUD Legal Description Lot 1, Block 1, Southwest Station 2"d Addition, Hennepin County, MN ANCHOR BANK CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 6-2010-PUD-1-2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,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 PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 12950 Technology Drive within the Commercial Regional Service Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on , 2010. (A full copy of the text of this Ordinance is available from City Clerk.) ANCHOR BANK CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR ANCHOR BANK BY ANCHOR BANK WHEREAS, Anchor Bank, has applied for Site Plan approval of Anchor Bank to construct a 5,187 square feet bank building, by an Ordinance approved by the City Council on April 20, 2010; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its March 23,2009 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its April 21, 2009 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Anchor Bank based on the Development Agreement between Anchor Bank and the City of Eden Prairie, reviewed and approved by the City Council on April 20, 2010. ADOPTED by the City Council of the City of Eden Prairie this 20th day of April, 2010. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk DEVELOPMENT AGREEMENT ANCHOR BANK THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of April 20, 2010, by Anchor Bank, National Association, a national banking association, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept Amendment on 1.06 acres, Planned Unit Development District Review with waivers on 1.06 acres, Zoning District Amendment within the Commercial Regional Service Zoning District on 1.06 acres, and Site Plan Review on 1.06 acres, legally described on Exhibit A(the "Property"); NOW, THEREFORE, in consideration of the City adopting Resolution No. 2010-32 for Planned Unit Development Concept Amendment, Ordinance No. 6-2010-PUD-1-2010 for Planned Unit Development District Review and Zoning District Amendment within the Commercial Regional Service Zoning District on 1.06 acres, and Resolution No. 2009-27 for Site Plan Review, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated April 15, 2009, reviewed and approved by the City Council on April 21, 2009 (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer and City agree to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Property, construction thereon, or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 5. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the building on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. GRADING,DRAINAGE,AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the plan for redevelopment of the Property will not involve any material alteration of the existing grading of the Property or drainage plan currently in existence for the Southwest Station development. The remainder of this Paragraph and Paragraph B and C are applicable to the extent the Developer proposes to undertake redevelopment in a manner determined by the City Planner to be materially different from the Plan. To the extent any material alterations of the existing grading of the Property or drainage plan for the Soutwest Station Development are anticipated, prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information, including wetland boundaries, wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition, the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins, retention basins or Stormwater Infiltration Systems (such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) shall be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss and channelization of flow are not occurring, and thereafter by the Owner of the Property. A Planting Plan for the Stormwater Facilities must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled "State of Minnesota Storm water Manual" dated November 2005, the approved final grading plan and the requirements listed herein. All Stormwater Infiltration Systems shall be delineated with erosion control fencing prior to construction. The Stormwater Infiltration Systems shall be installed using low-impact earth moving equipment. No equipment, vehicles, supplies or other materials shall be allowed in the areas designated for stormwater infiltration during construction. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. After the two year period of Developer maintenance, the Owner of the Property shall be responsible for maintenance of the Stormwater Facilities. This shall include debris and litter removal, removal of noxious and invasive plants, removal of dead and diseased plants, re-mulching of void areas, replanting or reseeding areas where dead or diseased plants were removed and removal of sediment build- up. Sediment build-up in Stormwater Infiltration Systems shall be removed by hand. C. STORMWATER POLLUTION PREVENTION PLAN (SWPPP) STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 7. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of any plan for relocating the existing mechanical equipment screening or mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and air-conditioning units. If any such relocation is planned, security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If, after completion of relocation of mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 8. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Commercial Regional Service District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD: A. Front yard setback of 31 feet from Prairie Center Drive for the east side building addition. City code requires 35 feet. 9. REAFFIRMING CONDITIONS OF DEVELOPMENT AGREEMENT: Developer agrees to all of the terms, conditions and obligations of "Developer" under the Development Agreement dated November 12, 2002 as it relates to the Property. The City is not aware of any default under the Development Agreement dated November 12, 2002 as it pertains to the Property. 10. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 11. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building enclosures depicted on the Plans. SIGNATURE PAGES TO FOLLOW IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE Anchor Bank By By Phil Young Its Its Mayor By By Scott H.Neal Its Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2010, by Phil Young and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2010, by and , respectively the and the of Anchor Bank, a corporation, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT -ANCHOR BANK Legal Description: Lot 1, Block 1, Southwest Station 2nd Addition, Hennepin County, MN EXHIBIT B DEVELOPMENT AGREEMENT - ANCHOR BANK PLANS LIST OF MATERIALS 1. A0.0 - Cover Sheet dated 02-13-09 by Mohagen Hansen Architecural Group. 2. C1.0 -Existing Conditions Survey dated 02-13-09 by Mohagen Hansen Architectural Group and Hansen Thorp Pellinen Olson, Inc. 3. C2.0 - Grading Plan dated 02-12-09 by Mohagen Hansen Architectural Group and Hansen Thorp Pellinen Olson, Inc. 4. A1.0 -Architectural Site Plan dated 02-13-09 by Mohagen Hansen Architecural Group. 5. A2.0 - Floor Plan dated 02-13-09 by Mohagen Hansen Architecural Group. 6. A3.0 - Revised Exterior Elevations dated 02-13-09 by Mohagen Hansen Architecural Group. EXHIBIT C DEVELOPMENT AGREEMENT - ANCHOR BANK I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan (1 " =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. This provision is applicable if the Developer proposes to undertake redevelopment in a manner determined by the City Planner to be materially different from the Plan. III. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. IV. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. V. If a replat of the Property is required, the Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VI. Developer represents that it has marketable fee title to the Property, except : INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. VIII. If a replat is required for the redevelopment of the Property, prior to release of the final plat, Developer shall pay to City fees for the first three (3) years' street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. IX. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval, if any changes to the existing plans are necessary as a result of Developers redevelopment of the Property. Developer shall follow all the recommendations of the Fire Marshal. X. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XI. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XII. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XIII. Prior to building permit issuance, provide two copies of an approved survey or site plan (1"= 200 scale) showing proposed building location, lot arrangements and property lines. XIV. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XV. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. Notwithstanding the foregoing, nothing contained in this Agreement shall limit the Developer's rights in the event that all or any part of the Property is taken under the power of eminent domain. XVI. Prior to issuance of the building permit for the Property, Developer shall permanently demarcate the location of the boundary of the any conservation easements on the Property with permanent four-foot tall posts. A 2 "/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie", will be affixed to the top of the post. XVII. Within 10 days of the approval of the Development Agreement, the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. If a replat is required, the final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XVIII. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security") is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XIX. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XX. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. 711384.1 MEBB: 711384 CITY COUNCIL AGENDA DATE: April 20, 2010 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Development/Planning Code Amendment—Non Janet Jeremiah, Michael D. Franzen Commercial Speech(Campaign Signs) Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance Amending City Code Chapter 11, Section 11.70, Subdivision 3.H,relating to non commercial speech. Synopsis The primary election date was changed from the second Tuesday after the second Monday in September to the second Tuesday after the second Monday in August, or August 10th for this year. As a result, the city code must be changed relating to signs. The code change is as follows. "Notwithstanding any other provisions of this Section, all signs of any size containing Non- Commercial Speech may be posted from August 1 46 days before the state primary in any general election year until ten (10) days following the general election and thirteen(13)weeks prior to any special election until ten(10) days following the special election." Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the code amendment at the March 22, 2010 meeting. Attachments 1. Draft Ordinance 2. Staff Report 3. Planning Commission Minutes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE - 2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.70, SUBDIVISION 3. H RELATING TO SIGNS CONTAINING NONCOMMERCIAL SPEECH; 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 PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Section 11.70, Subdivision 3. H. is amended to read as follows: H. Notwithstanding any other provisions of this Section, all signs of any size containing Non-Commercial Speech may be posted 46 days before the state primary in a state general election year until ten (10) days following the state general election in any general election year and thirteen (13) weeks prior to any special election until ten(10) days following the special election. Section 2. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to Entire City Code including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are herby adopted in their entirety, by reference, as though repeated verbatim herein. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20t1 day of April, 2010 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2010. Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on_ , 2010. STAFF REPORT: TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: March 22, 2010 SUBJECT: Code Change Campaign Signs BACKGROUND The primary election date was changed from the second Tuesday after the second Monday in September to the second Tuesday after the second Monday in August, or August 10th for this year. As a result, the city code must be changed relating to signs. PROPOSED CHANGE Notwithstanding any other provisions of this Section, all signs of any size containing Non- Commercial Speech may be posted from August 1 46 days before the state primary in any general election year until ten (10) days following the general election and thirteen(13)weeks prior to any special election until ten(10) days following the special election. STAFF RECOMMENDATION Staff recommends approval. UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,MARCH 22, 2010 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 Chair Stoltz called the meeting to order at 7:00 p.m. Absent: Rocheford Wuttke arrived at 7:10 p.m. VII. PLANNERS' REPORT A. Campaign Signs Franzen stated the primary election date was changed from the second Tuesday after the second Monday in August, or August l Ot for this year. Because of this, the City Code must replace the August 1st date with "46 days before the state primary" as the starting day when signs can be placed on property. MOTION by Martin, seconded by Lee, to recommend approval of the Code change for campaign signs. Motion carried 8-0. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims April 20, 2010 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 196148— 196946 Wire Transfers 3780—3805 3797—3805 March 2010 Purchasing Card Payment City of Eden Prairie Council Check Summary 4/20/2010 Division Amount Division Amount General 79,557 601 Prairie Village Liquor 181,814 100 City Manager 279 602 Den Road Liquor 256,265 101 Legislative 508 603 Prairie View Liquor 181,316 102 Legal Counsel 30,146 605 Den Road Building 2,290 110 City Clerk 873 701 Water Fund 215,976 111 Customer Service 15,337 702 Sewer Fund 287,398 112 Human Resources 306 703 Storm Drainage Fund 30,777 113 Communications 9,235 Total Enterprise Funds 1,155,836 114 Benefits&Training 2,763 130 Assessing 8,213 803 Escrow Fund 4,399 131 Finance 4,527 806 SAC Agency Fund 2,100 132 Housing and Community Services 130 Total Agency Funds 6,499 133 Planning -273 136 Public Safety Communications 6,183 116 Facilities 18 137 Economic Development 471 807 Benefits Fund 857,311 138 Community Development Admin. 82 811 Property Insurance 158 150 Park Administration 15,270 812 Fleet Internal Service 181,281 151 Park Maintenance 20,405 813 IT Internal Service 51,848 152 Parks Capital Outlay 1,899 814 Facilities Capital ISF 7,266 153 Organized Athletics 4,734 815 Facilites Operating ISF 68,136 154 Community Center 94,682 816 Facilites City Center ISF 161,880 156 Youth Programs 431 817 Facilites Comm.Center ISF 103,550 157 Special Events 178 Total Internal Service Funds 1,431,448 158 Adult Recreation 3,341 159 Recreation Administration 13,807 Report Totals 3,551,140 160 Therapeutic Recreation 263 162 Arts 2,247 163 Outdoor Center 2,060 167 CC-Youth Programs 407 168 Arts Center 2,373 169 SC-Therapeutic Recreation 66 180 Police 60,304 183 Emergency Preparedness 18,771 184 Fire 61,915 186 Inspections 832 200 Engineering 1,455 201 Street Maintenance 13,225 202 Street Lighting 70,224 Total General Funds 547,226 301 CDBG 1,805 303 Cemetary Operation 212 304 Senior Board 281 308 E-911 1,850 Total Special Revenue Funds 4,148 315 Economic Development 701 502 Park Development 26,838 503 Utility Improvement 70,561 509 CIP Fund 121,673 513 CIP Pavement Management 395 520 Parks Referendum 1,550 521 Trails Referendum 12,238 522 Improvement Projects 2006 169,071 526 Transportation Fund 2,956 Total Capital Project Funds 405,982 City of Eden Prairie Council Check Register 4/20/2010 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 196450 276,694 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility-General MCES Monthly Fee 196418 225,151 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits April Medical/Dental Premiums 3790 180,583 CERIDIAN State Taxes Withheld Health and Benefits Taxes Wtihheld 3781 178,529 CERIDIAN State Taxes Withheld Health and Benefits Taxes Wtihheld 196806 165,592 HENNEPIN COUNTY PUBLIC WORKS-F Right of Way&Easement Improvement Projects 2006 Right of Way-212 Project 196333 152,163 XCEL ENERGY Electric Public Safety Communications Utilities 3786 119,870 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 3792 117,755 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 196813 96,816 I-STATE TRUCK CENTER Autos Public Works 196447 81,243 MCKINSTRY ESSENTION INC Other Contracted Services CIP-Bonds 196924 52,005 MN DNR WATERS Licenses,Permits,Taxes Utility Operations-General 196172 51,704 C H ROBINSON CAM &Taxes-CHR City Hall-CAM 196385 48,069 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant 196279 45,370 PUSH PEDAL PULL Capital Under$10,000 Fitness Center 196740 44,852 PNC EQUIPMENT FINANCE Principal Fire 196538 35,793 LOGIS Network Support IT Operating 196487 31,692 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Infiltration/Inflow Study 196223 31,125 IND SCHOOL DIST 272 CAM School City Hall-CAM 196435 30,021 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store 196819 27,878 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie View Liquor Store 196624 25,437 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 196181 25,083 CLAREYS INC Capital Under$10,000 Water Treatment Plant 196609 25,075 HUNERBERG CONSTRUCTION COMPANY Building Park Acquisition&Development 196501 24,488 THORPE DISTRIBUTING Beer Den Road Liquor Store 196237 24,102 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 3788 22,421 ING Deferred Compensation General Fund 196600 21,545 HANSEN THORP PELLINEN OLSON Other Contracted Services Trails Referendum 196413 21,189 GREGERSON ROSOW JOHNSON&NILA Legal Den Road Building 196366 20,667 ABM JANITORIALSERVICES-NORTH C Janitor Service Utility Operations-General 196782 20,627 DIVERSE BUILDING MAINTENANCE Janitor Service Arts Center 196577 19,938 ENVIRONMENTAL PROCESS INC Design&Engineering Utility Improvement Fund 3784 19,899 ING Deferred Compensation General Fund 196523 19,576 WIRTZ BEVERAGE MINNESOTA Wine Domestic Den Road Liquor Store 196397 19,512 DIVERSE BUILDING MAINTENANCE Janitor Service Arts Center 196860 19,445 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store 196942 19,114 ELK RIVER Autos Police 196749 18,874 2ND WIND EXERCISE Capital Under$10,000 Fitness Center 196528 18,822 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 196282 18,313 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 196721 18,070 WIRTZ BEVERAGE MINNESOTA Wine Domestic Prairie View Liquor Store 3805 17,519 US BANK 196328 17,470 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 196910 17,094 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 196492 16,975 SRF CONSULTING GROUP INC Other Contracted Services Storm Drainage 196479 16,509 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 3787 16,504 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 196854 15,695 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 196274 15,396 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 196474 15,392 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 3783 14,882 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 196682 13,730 R R DONNELLEY Printing Community Brochure 196771 13,427 CENTERPOINT ENERGY Gas Prairie View Liquor Store 196679 13,363 QUALITY WINE&SPIRITS CO Wine Domestic Prairie View Liquor Store 196722 12,710 WIRTZ BEVERAGE MINNESOTA BEER Liquor Den Road Liquor Store 196277 12,599 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 196329 12,556 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 196307 12,379 THORPE DISTRIBUTING Beer Prairie View Liquor Store 3793 12,370 US BANK TRUST HRA Health and Benefits 3796 12,320 US BANK TRUST HRA Health and Benefits 196918 12,132 ADVANCED PUBLIC SAFETY INC Other Assets CIP-Bonds 196558 12,081 BONNER&BORHART LLP Legal Legal Criminal Prosecution 196184 11,685 DAY DISTRIBUTING Beer Prairie View Liquor Store 196432 11,645 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store 196706 11,502 THORPE DISTRIBUTING Beer Den Road Liquor Store 196668 11,471 PHILLIPS WINE AND SPIRITS INC Liquor Prairie View Liquor Store 196901 11,152 W W GOETSCH ASSOCIATES INC Equipment Repair&Maint Water Treatment Plant 196524 10,749 WIRTZ BEVERAGE MINNESOTA BEER Beer Den Road Liquor Store 196460 10,717 NILSSON,BETH Instructor Service Ice Arena 196855 10,210 PRO-TECH SECURITY SALES Capital Under$10,000 Police 196809 10,200 HENNEPIN COUNTY TREASURER-TAXP Licenses,Permits,Taxes Capital Impr./Maint.Fund 196233 10,129 JJ TAYLOR DISTRIBUTING MINNESO Liquor Prairie View Liquor Store 196748 9,830 WESTSIDE EQUIPMENT Machinery&Equipment Fleet Operating 196911 9,521 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 196470 9,376 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 196886 9,196 THORPE DISTRIBUTING Misc Taxable Den Road Liquor Store 196462 9,129 NORTHERN AIR CORPORATION Contract Svcs-General Bldg Park Shelters 196616 9,089 JJ TAYLOR DISTRIBUTING MINNESO Beer Den Road Liquor Store 196355 8,827 ST CROIX ENVIRONMENTAL INC Design&Engineering Water Treatment Plant 196635 8,732 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits 196570 8,728 COMPAR INC Computers Utility Improvement Fund 196841 8,601 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 196777 8,281 DAY DISTRIBUTING Beer Prairie View Liquor Store 196515 8,124 VTI Contract Svcs-Security Senior Center 196572 8,109 DAY DISTRIBUTING Beer Den Road Liquor Store 196489 8,055 SOUTH METRO PUBLIC SAFETY TRAI Tuition Reimbursement/School Police 196521 7,733 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 196240 7,500 KDV Audit&Financial Finance 196711 7,441 VTI Leasehold Improvements Prairie View Liquor Store 196308 7,432 TREASURER,STATE OF MINNESOTA Operating Supplies Emergency Preparedness 196908 7,410 WINE MERCHANTS INC Transportation Prairie Village Liquor Store 196683 7,385 RESTAURANT UNITS CORPORATION Right of Way&Easement Trails Referendum 196367 7,326 ADVANCED ENGINEERING&ENVIRON Other Contracted Services Water Accounting 196932 7,000 TECHNOLOGY EVALUATION CENTERS Other Contracted Services IT Operating 196283 6,959 READY WATT ELECTRIC Equipment Repair&Maint Emergency Preparedness Check# Amount Vendor/Explanation Account Description Business Unit Explanation 196784 6,903 EARL F ANDERSEN INC Signs Traffic Signs 196691 6,794 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Storm Drainage 196395 6,783 DAY DISTRIBUTING Beer Den Road Liquor Store 196736 6,600 NEW WORLD SYSTEMS Other Assets CIP-Bonds 196815 6,536 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 196466 6,503 PAPCO INC Cleaning Supplies Community Center Maintenance 196851 6,456 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 196944 6,332 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 196787 6,300 EDEN PRAIRIE HOCKEY ASSOCIATIO Other Contracted Services Ice Arena 196598 6,172 GRAYMONT Treatment Chemicals Water Treatment Plant 196497 6,117 STREICHERS Protective Clothing Police 196480 6,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications 196164 5,924 BELLBOY CORPORATION Transportation Prairie View Liquor Store 196543 5,850 A-SCAPE INC Contract Svcs-Snow Removal City Hall-CAM 196499 4,954 TACTICAL COMMAND INDUSTRIES, Capital Under$10,000 Police 196404 4,826 EPA AUDIO VISUAL INC Other Contracted Services Community Center Maintenance 196560 4,618 BRAUER& ASSOCIATES LTD Signs Capital Outlay Parks 196763 4,545 BELLBOY CORPORATION Misc Non-Taxable Prairie View Liquor Store 196306 4,419 THERMAL TECHNOLOGIES INC Contract Svcs-HVAC City Hall-CAM 196167 4,300 BERGERSON-CASWELL INC Other Contracted Services Utility Improvement Fund 196178 4,300 CERIDIAN Other Contracted Services IT Capital 196567 4,280 CLAUDE'S CERAMIC TILE INC Other Contracted Services Facilities Capital 196213 4,255 HENNEPIN COUNTY TREASURER Board of Prisoner Police 196376 4,188 BELLBOY CORPORATION Liquor Den Road Liquor Store 196322 4,175 WALL TRENDS INC Contract Svcs-General Bldg Outdoor Center Facilities 196325 3,997 WINE MERCHANTS INC Transportation Prairie View Liquor Store 196717 3,801 WINE MERCHANTS INC Transportation Prairie View Liquor Store 196846 3,780 NEW WORLD SYSTEMS Other Assets CIP-Bonds 196493 3,705 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Treatment Plant 196896 3,685 VAN PAPER COMPANY Cleaning Supplies Community Center Maintenance 196555 3,644 BELLBOY CORPORATION Liquor Den Road Liquor Store 196737 3,608 NORTHERN AIR CORPORATION Contract Svcs-HVAC 3rd Sheet of Ice 196532 3,479 BRAUER& ASSOCIATES LTD Other Contracted Services Improvement Projects 2006 196288 3,470 SEAFORTH ELECTRIC INC Equipment Repair&Maint Utility Improvement Fund 196275 3,468 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM 196673 3,417 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Senior Center 196407 3,377 GENERAL REPAIR SERVICE Equipment Parts Water Treatment Plant 196386 3,331 CERIDIAN Other Contracted Services IT Capital 196269 3,326 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 196727 3,324 BECKER ARENA PRODUCTS INC Contract Svcs-Ice Rink Ice Arena Maintenance 196783 3,276 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant 196403 3,276 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Operating 196264 3,159 NEW WORLD SYSTEMS Other Assets CIP-Bonds 196209 3,091 GRAYMONT Treatment Chemicals Water Treatment Plant 196800 3,088 GRAYMONT Treatment Chemicals Water Treatment Plant 196412 3,082 GRAYMONT Treatment Chemicals Water Treatment Plant 196218 3,054 I:SPACE Capital Under$10,000 Furniture 196697 3,053 SPRINT Wireless Subscription IT Operating 196490 3,001 SOUTHWEST SUBURBAN PUBLISHING- Advertising Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 196672 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage Customer Service 196943 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage Customer Service 196724 2,984 XCEL ENERGY Electric Emergency Preparedness 196755 2,956 ALLIANT ENGINEERING INC Design&Engineering Transportation Fund 196604 2,871 HENNEPIN COUNTY TREASURER Board of Prisoner Police 196920 2,848 BRG PRECISION PRODUCTS INC Civil Defense Emergency Preparedness 196449 2,777 METRO SALES INCORPORATED* Other Rentals Customer Service 196468 2,715 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 196513 2,653 VAN PAPER COMPANY Cleaning Supplies Facilites Operating ISF 196310 2,602 TRUE FABRICATIONS Operating Supplies Prairie View Liquor Store 196664 2,561 PAUSTIS&SONS COMPANY Wine Domestic Den Road Liquor Store 196265 2,500 NOREX Conference Expense IT Operating 196916 2,499 YALE MECHANICAL INC Maintenance Contracts Water Treatment Plant 196360 2,414 USA MOBILITY WIRELESS INC Pager&Cell Phone Public Safety Communications 196173 2,391 CARDIAC SCIENCE CORPORATION EMS Supplies Fire 196709 2,338 VESSCO INC Equipment Parts Water Treatment Plant 196422 2,325 HLB TAUTGES REDPATH LTD Paying Agent Parks Referendum 196392 2,317 CORVAL CONSTRUCTORS INC Repair&Maint-Ice Rink Ice Arena Maintenance 196197 2,251 FIRE SAFETY USA INC Small Tools Fire 196201 2,247 FORKLIFTS OF MINNESOTA INC Equipment Testing/Cert. Fleet Operating 196261 2,231 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 196414 2,184 HARMON INC. Contract Svcs-General Bldg City Hall-CAM 196883 2,165 SURLY BREWING CO Beer Den Road Liquor Store 196602 2,161 HD SUPPLY WATERWORKS LTD Equipment Parts Water System Maintenance 196535 2,141 EPI INVESTIGATIONS INC Design&Engineering Utility Improvement Fund 196907 2,123 WINE COMPANY,THE Transportation Prairie View Liquor Store 196831 2,079 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 196648 2,064 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 196579 2,000 EXPLORER POST 925 Miscellaneous Reserves 196646 1,980 MINNESOTA POST BOARD Licenses&Taxes Police 196502 1,954 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs-Elevator Fire Station#1 196873 1,900 SOUTH METRO PUBLIC SAFETY TRAI Tuition Reimbursement/School Police 196357 1,897 STREICHERS Protective Clothing Police 196526 1,882 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 196641 1,880 METROPOLITAN FORD Equipment Parts Fleet Operating 196735 1,867 MIDWEST LOCK&SAFE Contract Svcs-General Bldg Community Center Maintenance 196324 1,792 WINE COMPANY,THE Transportation Prairie View Liquor Store 196772 1,768 CERIDIAN Ceridian IT Operating 196428 1,767 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 196383 1,763 BUETOW AND ASSOCIATES INC Other Contracted Services Park Acquisition&Development 196316 1,735 VAN PAPER COMPANY Cleaning Supplies Facilites Operating ISF 196436 1,733 KEEPERS Clothing&Uniforms Police 196271 1,698 PEPSI COLA COMPANY Merchandise for Resale Concessions 196753 1,689 ADAMS&CESARIO Deposits Escrow 196762 1,677 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 196161 1,661 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 196319 1,660 VISTAR CORPORATION Merchandise for Resale Concessions 3780 1,624 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 196930 1,623 RICHFIELD,CITY OF Licenses,Permits,Taxes Fire Check# Amount Vendor/Explanation Account Description Business Unit Explanation 196828 1,617 MCFARLAND CONSTRUCTION COMPANY Contract Svcs-General Bldg Historical Buildings 196420 1,553 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 196612 1,545 IND SCHOOL DIST 272 CAM School City Hall-CAM 196457 1,543 MRPA Conference Expense Parks Administration 196599 1,523 GUNNAR ELECTRIC CO INC Other Contracted Services Park Maintenance 196922 1,522 GENUINE PARTS COMPANY Repair&Maint-Ice Rink Ice Arena Maintenance 196632 1,519 LAB SAFETY SUPPLY INC Lab Supplies Water Treatment Plant 196640 1,511 METRO SALES INCORPORATED* Other Rentals Customer Service 196229 1,500 JAMES J HILL Tuition Reimbursement/School Fire 196438 1,500 KORTERRA,INC OCS-Leak Detection Utility Operations-General 196797 1,496 GRAINGER Supplies-Electrical Dunn Brothers 196606 1,495 HOHENSTEINS INC Beer Den Road Liquor Store 196588 1,475 FOURTH JUDICIAL DISTRICT Printing Police 196837 1,441 MINNESOTA TROPHIES&GIFTS Operating Supplies Fire 196895 1,416 US POSTMASTER Postage Water Accounting 196546 1,385 ALEX AIR APPARATUS INC Equipment Repair&Maint Fire 196808 1,380 HENNEPIN COUNTY TREASURER-TAXP Licenses,Permits,Taxes Riley House 196912 1,369 WORLD CLASS WINES INC Transportation Den Road Liquor Store 196617 1,368 JOHN DEERE LANDSCAPES/LESCO Equipment Repair&Maint Park Maintenance 196887 1,340 TOTAL REGISTER Other Contracted Services Prairie Village Liquor Store 196779 1,335 DECORATIVE DESIGNS INC Contract Svcs-Garden Rm/Ca£ City Hall-CAM 196263 1,327 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 196302 1,315 STREICHERS Equipment Parts Fleet Operating 196400 1,288 DOHERTY,SANDRA L Other Contracted Services Volleyball 196580 1,270 EXTRACTOR CORPORATION Repair&Maint.Supplies Facilities Capital 196945 1,261 STATE OF MINNESOTA Licenses&Taxes Fleet Operating 196217 1,236 HUMMINGBIRD AVIATION LLC Other Contracted Services Deer Consultant 196154 1,221 ANCHOR PRINTING COMPANY Printing Senior Center Administration 196877 1,211 STATE CHEMICAL MFG.CO.,THE Cleaning Supplies Utility Operations-General 196520 1,210 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 196234 1,196 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 196833 1,192 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie View Liquor Store 196608 1,164 HORIZON COMMERCIAL POOL SUPPLY Repair&Maint.Supplies Pool Maintenance 196610 1,155 HWY 5 BP Equipment Repair&Maint Police 196514 1,149 VINOCOPIA Liquor Den Road Liquor Store 196296 1,145 SOLDO CONSULTING PC Legal Legal Council 196398 1,135 DLT SOLUTIONS INC. Software Maintenance IT Operating 196251 1,124 MAACO Equipment Repair&Maint Fleet Operating 196188 1,123 ECOLAB INC Contract Svcs-Pest Control Fire Station#4 196730 1,123 ECOLAB INC Contract Svcs-Pest Control Fire Station#4 196207 1,118 GRAND PERE WINES INC Wine Domestic Prairie View Liquor Store 196914 1,098 XCEL ENERGY Electric Forest Hills Park 196330 1,093 WORLD CLASS WINES INC Transportation Prairie View Liquor Store 196758 1,076 ANCHOR PRINTING COMPANY Printing Fire 196899 1,075 VINOCOPIA Transportation Prairie Village Liquor Store 196189 1,069 EF JOHNSON Equipment Repair&Maint Public Safety Communications 196431 1,053 JANETSKI,BETH Operating Supplies Winter Theatre 196556 1,045 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 196318 1,041 VINOCOPIA Transportation Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 196663 1,040 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications 196710 1,030 VINOCOPIA Liquor Den Road Liquor Store 196686 1,020 SACKETT,MATTHEW Tuition Reimbursement/School Organizational Services 196919 1,015 BEST BUY Capital Under$10,000 E-911 Program 196893 1,009 UNIFORMS UNLIMITED Clothing&Uniforms Police 196578 1,006 EPI INVESTIGATIONS INC Design&Engineering Utility Improvement Fund 196554 1,000 BASIC ANIMAL RESCUE TRAINING Tuition Reimbursement/School Fire 196592 995 GE CAPITAL Other Rentals Customer Service 196615 990 JAMAR TECHNOLOGIES INC Equipment Parts Fleet Operating 196191 990 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 196216 979 HOHENSTEINS INC Beer Prairie View Liquor Store 196175 975 CDW GOVERNMENT INC. Other Hardware IT Operating 196723 963 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store 196655 957 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 3782 952 CERIDIAN Garnishment Withheld General Fund 196169 951 BOURGET IMPORTS Transportation Den Road Liquor Store 196714 947 WINE COMPANY,THE Wine Imported Den Road Liquor Store 196699 945 STAPLES ADVANTAGE Office Supplies Customer Service 196569 917 COMMERCIAL STEAM TEAM Janitor Service Prairie Village Liquor Store 196913 915 WYFFELS,BILL Tuition Reimbursement/School Organizational Services 3789 908 CERIDIAN Garnishment Withheld General Fund 196939 903 PETTY CASH 196670 899 PITNEY BOWES Other Rentals Customer Service 196345 895 KEATING,RYAN Accounts Receivable Community Center Admin 196814 884 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 196811 873 HOPE HAVEN INC Equipment Parts Snow&Ice Control 196374 868 BARNA,GUZY&STEFFEN,LTD Other Contracted Services Police 196313 864 UNIQUE PAVING MATERIALS Patching Asphalt Street Maintenance 3785 853 CERIDIAN Garnishment Withheld General Fund 196751 850 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 196861 848 QWEST Process Control Services Water Treatment Plant 196798 833 GRANICUS INC Software Maintenance IT Operating 196373 832 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration 196637 831 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 196562 828 BUCK,NATHAN Other Contracted Services Volleyball 196626 825 KEEPERS Clothing&Uniforms Fire 196452 791 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 196516 790 WALL TRENDS INC Contract Svcs-General Bldg Community Center Maintenance 196375 780 BCA/CRIMINAL JUSTICE TRAINING Tuition Reimbursement/School Police 196878 778 STATE SUPPLY COMPANY Repair&Maint-Ice Rink Ice Arena Maintenance 196372 768 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 196529 763 YSI INCORPORATED Small Tools Park Maintenance 196411 762 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 196203 749 GARDEN ROOM FRATELLI'S GARDEN Events/Admission Fee Wine Club 196384 747 CDW GOVERNMENT INC. Other Hardware IT Operating 196421 745 HIGHWAY TECHNOLOGIES INC Equipment Parts Sewer System Maintenance 196426 741 HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Fire Station#1 196750 739 3D SPECIALTIES Signs Traffic Signs 196862 734 R&R SPECIALTIES OF WISCONSIN Contract Svcs-Ice Rink Ice Arena Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 196875 732 ST JOSEPH EQUIPMENT INC Equipment Parts Fleet Operating 196712 726 WALDOR PUMP&EQUIPMENT CO Contract Svcs-Plumbing City Hall-CAM 196731 721 ENVIRONMENTAL PROCESS INC Other Contracted Services Facilities Capital 196882 714 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 196346 710 LALONDE,TONY Accounts Receivable Community Center Admin 196843 704 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 196410 689 GRAINGER Equipment Parts Fleet Operating 196182 687 COSTCO Operating Supplies Classes/Programs/Events 196545 671 AIR LIQUIDE INDUSTRIAL U.S.LP Treatment Chemicals Water Treatment Plant 196305 660 SURLY BREWING CO Beer Prairie View Liquor Store 196174 657 CAT&FIDDLE BEVERAGE Wine Domestic Prairie View Liquor Store 196607 644 HOLMES,TOM Other Contracted Services Volleyball 196539 643 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation 196760 638 AOI ELECTRICAL LLC Equipment Parts Fleet Operating 196408 636 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 196342 626 EDINA PLUMBING Building Repair&Maint. Water Treatment Plant 196341 624 CENTERPOINT ENERGY Gas Prairie View Liquor Store 196368 611 AL'S COFFEE Merchandise for Resale Concessions 196876 607 STAPLES ADVANTAGE Office Supplies Police 196429 602 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Sewer Liftstation 196738 599 ON CALL SERVICES Contract Svcs-General Bldg Community Center Maintenance 196597 595 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 196334 592 ZEP MANUFACTURING CO Lubricants&Additives Fleet Operating 196589 588 FRAGALE,ANNETTE Instructor Service Classes/Programs/Events 196208 584 GRAPE BEGINNINGS Transportation Prairie View Liquor Store 196557 573 BIFFS INC Waste Disposal Park Maintenance 196496 572 STRAND MANUFACTURING CO INC Equipment Parts Water Treatment Plant 196380 568 BOURGET IMPORTS Wine Imported Den Road Liquor Store 196300 564 STAPLES ADVANTAGE Office Supplies Customer Service 196381 553 BOYER TRUCKS Equipment Parts Fleet Operating 196458 553 MT GLOBAL LLC Transportation Prairie View Liquor Store 196681 549 QWEST Maintenance Contracts E-911 Program 196204 542 GE CAPITAL Other Rentals Customer Service 196409 540 GOVDELIVERY Software Maintenance IT Operating 196747 535 VAN PAPER COMPANY Cleaning Supplies Senior Center 196476 532 PROP United Way Withheld General Fund 196530 531 Z WINES USA LLC Transportation Prairie View Liquor Store 196923 529 MICHAELSON,ELIZABETH H Clothing&Uniforms Winter Theatre 196190 528 EMEDCO Safety Supplies Fire 196766 527 BLOOMINGTON,CITY OF Kennel Services Animal Control 196812 526 HORIZON COMMERCIAL POOL SUPPLY Repair&Maint. Supplies Pool Maintenance 196788 519 EGAN OIL COMPANY Repair&Maint. Supplies Water System Maintenance 196890 517 TWIN CITY FILTER SERVICE INC Supplies-HVAC City Hall-CAM 196531 515 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 196638 512 MARSHALL&SWIFT Dues&Subscriptions Assessing 196941 510 PETTY CASH-POLICE DEPT 196885 497 TESSCO INC Equipment Repair&Maint Public Safety Communications 196631 492 KUSSMAUL ELECTRONICS CO INC Equipment Parts Fleet Operating 196276 491 PRAIRIE OFFSET PRINTING Printing Elections Check# Amount Vendor/Explanation Account Description Business Unit Explanation 196585 487 FERRELLGAS Gas Outdoor Center 196198 486 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 196832 483 METROPOLITAN FORD Equipment Parts Fleet Operating 196778 482 DE LAGE LANDEN FINANCIAL SERVI Equipment Repair&Maint IT Operating 196741 482 PRAIRIE ELECTRIC COMPANY Contract Svcs-Elect Arts Center 196228 481 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 196799 463 GRAPE BEGINNINGS Transportation Den Road Liquor Store 196446 461 M.AMUNDSON LLP Misc Taxable Den Road Liquor Store 196326 460 WINTER EQUIPMENT COMPANY Equipment Parts Fleet Operating 196180 456 CHRISTIANSEN,MIKE Other Contracted Services Basketball 196835 454 MINNESOTA ATHLETIC APPAREL Clothing&Uniforms Emergency Preparedness 196870 452 SIGNSOURCE Operating Supplies Economic Development Fund 196451 452 METROPOLITAN FORD Equipment Parts Fleet Operating 196773 450 CHISAGO LAKES DISTRIBUTING Beer Den Road Liquor Store 196857 447 PUCHALSKI,MARY Instructor Service Arts Center 196559 440 BOURGET IMPORTS Wine Imported Den Road Liquor Store 196441 439 LAB SAFETY SUPPLY INC Lab Supplies Water Treatment Plant 196249 439 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 196416 433 HEALTH ACT SRVS AIRPORT CLINIC Health&Fitness Fire 196361 432 WM MUELLER AND SONS INC Gravel Water System Maintenance 196149 430 1ST LINE/LEEWES VENTURES LLC Merchandise for Resale Concessions 196338 428 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 196419 427 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 196659 420 O'CONNOR,ELLEN CLAIRE Instructor Service Arts Center 196776 411 DANIMAL DISTRIBUTING INC Beer Prairie View Liquor Store 196206 406 GRAINGER Repair&Maint.Supplies Utility Operations-General 196820 406 KEEPERS Clothing&Uniforms Reserves 196162 403 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 196889 402 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie View Liquor Store 196256 401 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie Village Liquor Store 196685 400 ROREM,ANN M Instructor Service Arts Center 196761 400 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 196382 395 BRAUN INTERTEC CORPORATION Testing-Soil Boring CIP Pavement Management 196423 392 HOBART Contract Svcs-Garden Romm City Center Operations 196378 391 BERNICK'S WINE Wine Imported Prairie Village Liquor Store 196363 391 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 196205 389 GENERAL GROWTH PROPERTIES LP-E Building Rental Housing and Community Service 196704 382 TESSCO INC Equipment Repair&Maint Public Safety Communications 196898 381 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 196417 380 HEALTH ACTIVATION SERVICES PLC Employment Support Test Organizational Services 196845 378 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 196266 377 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 196455 374 MINNESOTA WANNER COMPANY Operating Supplies Street Maintenance 196542 374 VALSTAR PRINTER SOLUTIONS Equipment Repair&Maint IT Operating 196746 374 VALSTAR PRINTER SOLUTIONS Equipment Repair&Maint IT Operating 196336 373 ADVANCED ENGINEERING&ENVIRON Design&Engineering Utility Improvement Fund 196239 366 KEEPERS Clothing&Uniforms Fire 196642 350 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 196439 349 KRISS PREMIUM PRODUCTS INC Contract Svcs-HVAC City Hall-CAM Check# Amount Vendor/Explanation Account Description Business Unit Explanation 196903 344 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 196459 343 NEW FRANCE WINE COMPANY Wine Imported Den Road Liquor Store 196550 339 ASSET RECOVERY CORPORATION Other Hardware IT Operating 196323 338 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 196703 335 STREICHERS Clothing&Uniforms Police 196424 333 HOHENSTEINS INC Beer Prairie Village Liquor Store 196680 330 QWEST Telephone IT Telephone 196349 330 O'REILLY AUTOMOTIVE INC Equipment Parts Water Treatment Plant 196219 326 IDEXX DISTRIBUTION CORP Laboratory Chemicals Water Treatment Plant 196471 325 PITKANEN,STEVEN S Tuition Reimbursement/School Organizational Services 196633 313 LANO EQUIPMENT INC Equipment Repair&Maint Storm Drainage 196506 311 TRI COUNTY BEVERAGE&SUPPLY Beer Den Road Liquor Store 196284 305 REED BUSINESS INFORMATION Legal Notices Publishing Storm Drainage 196902 302 WALL TRENDS INC Contract Svcs-General Bldg Community Center Maintenance 196388 301 CLAREYS INC Office Supplies Customer Service 196193 300 FASTSIGNS Operating Supplies Ice Arena 196287 300 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 196472 300 POLICE EXECUTIVE RESEARCH FORU Dues&Subscriptions Police 196661 300 P-LET Tuition Reimbursement/School Police 196700 300 STATE OF MINNESOTA Licenses,Permits,Taxes Water Wells 196844 300 MUNICIPALS Dues&Subscriptions Organizational Services 196871 300 SLIFKA,DAVID Accounts Receivable Community Center Admin 196304 300 SUBURBAN TIRE WHOLESALE INC Tires Fleet Operating 196733 299 MATTS AUTO SERVICE INC Auto Repair&Maint. Sewer System Maintenance 196838 297 MINNESOTA VALLEY ELECTRIC COOP Electric Traffic Signals 196548 297 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 196508 295 UNIQUE PAVING MATERIALS Patching Asphalt Street Maintenance 196759 289 ANIMAL CARE EQUIPMENT&SVS Operating Supplies Animal Control 196393 284 CROWN MARKING INC Office Supplies Police 196793 283 FORKLIFTS OF MINNESOTA INC Equipment Testing/Cert. Water Treatment Plant 196494 282 STANLEY SECURITY SOLUTIONS INC Supplies-Security Community Center Maintenance 196160 276 BARNES,BELINDA A. Other Contracted Services Volleyball 196725 276 ZAHN,GERALD Other Contracted Services Volleyball 196482 273 SCHLOSSMACHER,JIM Tuition Reimbursement/School Police 196856 269 PROP United Way Withheld General Fund 196185 269 DE LAGE LANDEN FINANCIAL SERVI Equipment Repair&Maint IT Operating 196309 266 TROPICANA CHILLED DSD Merchandise for Resale Concessions 196503 260 TIRE TOWN INC Contract Svcs-Ice Rink Ice Arena Maintenance 196226 257 INFRATECH Repair&Maint.Supplies Sewer System Maintenance 196825 256 M.AMUNDSON LLP Misc Non-Taxable Prairie View Liquor Store 196824 256 LOCATORS&SUPPLIES INC Equipment Repair&Maint Traffic Signals 196365 256 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 196745 254 STATE SUPPLY COMPANY Supplies-Plumbing Community Center Maintenance 196509 252 UNITED WAY United Way Withheld General Fund 196387 250 CHOICE INC Other Contracted Services Prairie Village Liquor Store 196212 250 HAYES,GREG Tuition Reimbursement/School Fire 196255 250 METRO BLOOMS Other Contracted Services Storm Drainage 196402 250 EGAN OIL COMPANY Lubricants&Additives Fleet Operating 196170 248 BRAUN INTERTEC CORPORATION Other Contracted Services Water Testing Check# Amount Vendor/Explanation Account Description Business Unit Explanation 196769 246 CANNON RIVER WINERY Wine Domestic Prairie Village Liquor Store 196900 245 VWR INTERNATIONAL INC Laboratory Chemicals Water Treatment Plant 196257 243 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 196157 243 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 196595 241 GOPHER STATE ONE-CALL INC OCS-Leak Detection Utility Operations-General 196836 240 MINNESOTA CONWAY Operating Supplies Fire 196379 240 BOLD,PAULINE Instructor Service Outdoor Center 196695 240 SPIRIT APPAREL&STUFF Clothing&Uniforms Fit Kids Club 196443 239 LEXISNEXIS Other Contracted Services Police 196463 238 NUCO2 INC Repair&Maint.Supplies Pool Maintenance 196611 236 IND SCHOOL DIST 272 Building Rental Community Band 196596 236 GRAINGER Building Materials Park Maintenance 196897 234 VANCE BROTHERS INC Patching Asphalt Street Maintenance 196726 234 ZIEGLER INC Equipment Parts Fleet Operating 196674 231 PROPAC INC Safety Supplies Emergency Preparedness 196294 230 SIVERSON,JILL R Other Contracted Services Volleyball 196511 225 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating 196225 225 INFRARED CONSULTING SERVICES I Contract Svcs-Electrical City Hall-CAM 196927 225 P-LET Tuition Reimbursement/School Police 196879 225 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating 196669 224 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store 196536 223 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications 196848 220 O'SULLIVAN,JOHN Accounts Receivable Community Center Admin 196152 214 AL'S COFFEE Merchandise for Resale Concessions 196512 212 VALLEY NAT'L GASES-LOC 93 Small Tools Fleet Operating 196320 211 VTI Equipment Repair&Maint Public Safety Communications 196744 211 STAPLES ADVANTAGE Supplies-General Building City Center Operations 196377 210 BERG BAG COMPANY Operating Supplies Traffic Signals 196698 206 ST CROIX RECREATION CO INC Repair&Maint.Supplies Park Maintenance 196253 205 MASS BAR-MATE CORP Transportation Den Road Liquor Store 196290 203 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 196603 203 HENNEPIN CO TAXPAYER SERVICES Software Maintenance IT Operating 196707 201 TWIN CITY FILTER SERVICE INC Supplies-HVAC Community Center Maintenance 196781 200 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 196905 200 WEIDENFELLER,GIN Instructor Service Arts Center 196926 200 OCSO/RPD 2010 K9 TRIALS Canine Supplies Police 196396 200 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Customer Service 196805 200 HD SUPPLY WATERWORKS LTD Equipment Parts Water System Maintenance 196537 200 JJ TAYLOR DISTRIBUTING MINNESO Liquor Den Road Liquor Store 196573 198 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General Facilities 196481 198 SCHARBER&SONS Equipment Parts Fleet Operating 196391 196 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 196791 196 FIRE SAFETY USA INC Small Tools Fire 196743 196 SEVENICH,WENDY Mileage&Parking Community Center Admin 196301 194 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating 196477 193 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 196689 191 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store 196662 190 PAPCO INC Contract Svcs-General Bldg Community Center Maintenance 196317 190 VESSCO INC Equipment Parts Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit Explanation 196850 189 OVEN HEARTH WHOLESALE BAKERY Merchandise for Resale Concessions 196292 187 SIGNSOURCE Operating Supplies Prairie View Liquor Store 196200 184 FORDAHL,TAMARA Other Contracted Services Volleyball 196202 184 FOSTER,KATHERINE Other Contracted Services Volleyball 196553 184 BARNES,BELINDA A. Other Contracted Services Volleyball 196586 184 FORDAHL,TAMARA Other Contracted Services Volleyball 196453 184 MINNESOTA CLAY CO.USA Recreation Supplies Arts Center 196321 182 VWR INTERNATIONAL INC Lab Supplies Water Treatment Plant 196153 182 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 196262 181 MINNESOTA WANNER COMPANY Supplies-General Bldg Fire Station#3 196713 180 WATER ENVIRONMENT FEDERATION Conference Expense Utility Operations-General 196221 178 IND SCHOOL DIST 272 Printing Arts Center 196222 178 IND SCHOOL DIST 272 Printing Special Initiatives 196660 177 OLSEN COMPANIES Operating Supplies Park Maintenance 196591 175 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 196186 175 DEPENDABLE AUTO DIAGNOSTICS LL Equipment Repair&Maint Fleet Operating 196242 175 KIDCREATE STUDIO Instructor Service Arts Center 196267 175 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 196796 174 GOLDEN VALLEY SUPPLY CO Supplies-Electrical City Hall-CAM 196299 172 STANLEY ACCESS TECH LLC Building Repair&Maint. Den Road Liquor Store 196252 172 MALONE,TOM Instructor Service CC-Preschool Events 196765 171 BLOOMINGTON SECURITY SOLUTIONS Operating Supplies Economic Development Fund 196852 171 PETERSEN,SARA Accounts Receivable Community Center Admin 196464 171 OLSEN COMPANIES Operating Supplies Park Maintenance 196498 167 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 196406 167 G&K SERVICES Office Supplies Customer Service 196675 166 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 196822 165 LANO EQUIPMENT INC Equipment Parts Fleet Operating 196168 162 BOUND TREE MEDICAL LLC EMS Supplies Fire 196742 161 RUE,RODNEY Mileage&Parking Engineering 196483 160 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating 196394 160 CTS CLEANERS TAILOR&SHOE REP Operating Supplies Police 196694 160 SOUTHWEST SUBURBAN PUBLISHING- Advertising Riley House 196246 158 LAB SAFETY SUPPLY INC Supplies-HVAC City Hall-CAM 196858 157 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 196756 156 AMERICAN RED CROSS Licenses,Permits,Fees Pool Lessons 196894 156 UNITED WAY United Way Withheld General Fund 196442 155 LAGERQUIST ELEVATOR INC Contract Svcs-Elevator Community Center Maintenance 196517 155 WEEDMAN,NICOLE Mileage&Parking Youth Programs Administration 196634 155 LASER QUIPT INC Equipment Repair&Maint IT Operating 196415 155 HAYDEN,DOUGLAS E Operating Supplies Fire 196311 152 UHL COMPANY Contract Svcs-HVAC City Hall-CAM 196864 152 RUZEK,CHRISTINE Mileage&Parking Human Resources 196868 151 SHERWIN WILLIAMS Repair&Maint.Supplies Utility Operations-General 196155 150 ANDERSON,CHARLEEN Refunds Environmental Education 196371 150 ANOKA TECHNICAL COLLEGE Conference Expense IT Operating 196437 150 KIDD,ERICK Accounts Receivable Community Center Admin 196847 150 NORTHERN AIR CORPORATION Contract Svcs-HVAC Park Shelters 196866 150 SCHERER BROTHERS LUMBER CO Equipment Parts Snow&Ice Control Check# Amount Vendor/Explanation Account Description Business Unit Explanation 196183 148 CUB FOODS EDEN PRAIRIE Operating Supplies Emergency Preparedness 196199 147 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 196566 145 CLAREYS INC Safety Supplies Fleet Operating 196456 144 MN NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 196339 143 BERNICK'S WINE Wine Domestic Prairie View Liquor Store 196547 142 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 196708 142 UNLIMITED SUPPLIES INC Operating Supplies Traffic Signs 196430 142 ITL PATCH COMPANY INC Clothing&Uniforms Police 196830 140 METRO SALES INCORPORATED* Other Rentals Customer Service 196757 139 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 196834 139 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 196312 139 UNIFORMS UNLIMITED Clothing&Uniforms Police 196650 138 MURAKAMI,SUSAN Accounts Receivable Community Center Admin 196904 138 WEBER,ANNETTE Accounts Receivable Community Center Admin 196245 136 KYLE WHITE INC AR Utility Water Enterprise Fund 196568 135 COMCAST Dues&Subscriptions City Council 196486 135 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Den Road Liquor Store 196869 135 SHERWIN WILLIAMS CO Operating Supplies Park Maintenance 196881 135 STREICHERS Clothing&Uniforms Police 196390 131 COMMERCIAL MAINTENANCE CHEMICA Supplies-Plumbing City Hall-CAM 196564 131 CARLSTON,BRANDON Clothing&Uniforms Police 196925 131 NOKES,JOSHUA Accounts Receivable Community Center Admin 196248 130 LIFT BRIDGE BREWERY Beer Prairie Village Liquor Store 196286 130 RIVERLAND COMMUNITY COLLEGE Tuition Reimbursement/School Fire 196823 130 LIFT BRIDGE BREWERY Beer Prairie Village Liquor Store 196693 130 SOUTHWEST OUTDOOR POWER Equipment Repair&Maint Park Maintenance 196826 130 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 196151 128 ADAMS PEST CONTROL INC Other Contracted Services Den Road Building 196544 126 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 196247 125 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 196802 125 GUNDERSON,CONSTANCE L. Instructor Service Arts Center 196215 124 HIRSHFIELD'S Repair&Maint.Supplies Water Treatment Plant 196427 123 INFRATECH Repair&Maint.Supplies Water System Maintenance 196754 122 ADVANCED SUPPLY Tires Fleet Operating 196491 122 SPS COMPANIES Repair&Maint.Supplies Park Maintenance 196194 121 FEDERAL SIGNAL CORPORATION Equipment Repair&Maint Fleet Operating 196692 121 SNAP-ON TOOLS Small Tools Fleet Operating 196504 120 TOM'S WINDOW CLEANING Window Cleaning Den Bldg.-Direct 196195 119 FEDEX Postage Human Resources 196644 118 MINNESOTA COUNTY ATTORNEYS ASS Printing Police 196829 117 METRO FIRE Small Tools Fire 196892 117 UNDHEIM,NAOMI Mileage&Parking Community Center Admin 196540 116 RCM&ASSOCIATES Equipment Repair&Maint IT Operating 196739 114 PETTY CASH-EPCC Training Supplies Community Center Admin 196467 113 PAUL'S TWO-WAY RADIO Equipment Repair&Maint Fleet Operating 196792 113 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 196593 112 GENERAL MACHINING INC. Equipment Repair&Maint Park Maintenance 196921 111 FIETEK,CHRIS Mileage&Parking Police 3795 110 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits Check# Amount Vendor/Explanation Account Description Business Unit Explanation 196475 108 PRINTERS SERVICE INC Repair&Maint-Ice Rink Ice Arena Maintenance 196179 108 CHOICE AUTO RENTAL INC Insurance Property Insurance 196369 107 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 196533 107 EDEN INCENTIVES&PROMOTIONS Employee Award Internal Events 196605 105 HENNEPIN COUNTY TREASURER-TAXP Licenses,Permits,Taxes Planning&Development 196581 105 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 196500 103 TASK FORCE TIPS INC Equipment Repair&Maint Fire 196571 103 CONCRETE CUTTING&CORING INC Operating Supplies Street Maintenance 196734 102 MCCARTHY,ARDIS&BOB Accounts Receivable Community Center Admin 196584 101 FERNANDEZ,JAVIER AR Utility Water Enterprise Fund 196150 100 AAS,DAN Refunds Environmental Education 196159 100 BANK BEER CO Beer Prairie Village Liquor Store 196165 100 BELLOS,PATRICK Refunds Environmental Education 196166 100 BERG,NANCY Refunds Environmental Education 196196 100 FERKINHOFF,DEAN Refunds Environmental Education 196210 100 HALLOWELL,BARB Refunds Environmental Education 196211 100 HAWKINS,MICHELLE Refunds Environmental Education 196214 100 HETZEL,KIRK Refunds Environmental Education 196220 100 IMHOFF,SCOTT Refunds Environmental Education 196232 100 JENSEN,VALERIE Refunds Environmental Education 196238 100 JONSSON,JOSH Refunds Environmental Education 196241 100 KES,TRISHA Refunds Environmental Education 196258 100 MINNESOTA CHAPTER IAAI Dues&Subscriptions Fire 196270 100 PEDRIC,JAMES Refunds Environmental Education 196272 100 PETERSON,JAMES Refunds Environmental Education 196289 100 SEBESTA,ROBERT Refunds Environmental Education 196293 100 SINNING,LOREN Refunds Environmental Education 196295 100 SOKOL,MARK Refunds Environmental Education 196298 100 STAHL,PAT Refunds Environmental Education 196331 100 WRIGHT,DARRELL Refunds Environmental Education 196343 100 HICKS,JULIA Refunds Environmental Education 196351 100 ROMANZI,CATHERINE Refunds Environmental Education 196352 100 SAUCERMAN,ROGER Refunds Environmental Education 196353 100 SCHELL,JEFF Refunds Environmental Education 196356 100 STORK,ALEX Other Contracted Services Infiltration/Inflow Study 196362 100 YOUNG,JANICE Refunds Environmental Education 196505 100 TOPPS,LISA Refunds Environmental Education 196561 100 BRILL,JANE Refunds Environmental Education 196587 100 FOREMAN,WILLIAM Refunds Environmental Education 196625 100 KAUFMAN,KIP Refunds Environmental Education 196628 100 KISTNER,MIKE Refunds Environmental Education 196636 100 LUPO,JOE Refunds Environmental Education 196653 100 NEIS,RANDY Refunds Environmental Education 196654 100 NETTELL,SUSAN Refunds Environmental Education 196657 100 NOVOTNY,TERESA Refunds Environmental Education 196658 100 NYSTROM,SHERI Refunds Environmental Education 196688 100 SHAH,KIRIT Refunds Environmental Education 196701 100 STIDGER,NIESHA Refunds Environmental Education 196705 100 THOMAS,DWIGHT Refunds Environmental Education Check# Amount Vendor/Explanation Account Description Business Unit Explanation 196880 100 STORK,ALEX Other Contracted Services Environmental Education 196583 99 FCX PERFORMANCE INC Equipment Parts Water Treatment Plant 196774 98 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 196364 96 AA EQUIPMENT COMPANY Equipment Repair&Maint Den Road Liquor Store 196291 95 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 196440 95 KUSTOM SIGNALS INC Equipment Repair&Maint Police 196519 94 WIGLEY AND ASSOCIATES Software IT Operating 196849 93 OLSEN COMPANIES Operating Supplies Park Maintenance 196839 92 MINNESOTA WANNER COMPANY Repair&Maint.Supplies Park Maintenance 196314 91 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating 196643 90 MINN STATE COMMUNITY&TECHNIC Tuition Reimbursement/School Fire 196729 90 DIRECTV Cable TV Community Center Admin 196485 86 SELL,MATTHEW Deposits Escrow 196867 86 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store 3791 85 VANCO SERVICES Miscellaneous Community Center Admin 196807 85 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 196303 84 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 196614 83 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 196775 83 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves 196158 82 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 196370 80 ANDERSON,JUSTIN Tuition Reimbursement/School Fire 196888 80 TRAN,JONATHON Accounts Receivable Community Center Admin 196931 80 ST CLOUD STATE UNIVERSITY Conference Expense City Clerk 196891 80 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 196425 78 HOISINGTON KOEGLER GROUP INC Other Contracted Services Economic Development Fund 196671 76 PLOSZAY,ANDREA Mileage&Parking Community Center Admin 196652 75 NCEMSC Dues&Subscriptions Fire 196347 73 LINDAHL,DAVID Mileage&Parking Economic Development 196565 72 CAT&FIDDLE BEVERAGE Wine Imported Prairie Village Liquor Store 196840 72 MN NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 196259 70 MINNESOTA CONWAY EMS Supplies Fire 196613 69 IRMITER,JESSE Dues&Subscriptions Police 196335 69 ZIEGLER INC Equipment Parts Fleet Operating 196230 68 JANEX INC Cleaning Supplies City Hall-CAM 196917 68 RENICK,BRIANNA M Other Revenue General Fund 196647 67 MINNESOTA WANNER COMPANY Operating Supplies Street Maintenance 196630 66 KRUEGER,MARK Operating Supplies Emergency Preparedness 196224 64 INDUSTRIAL FLOOR MAINTENANCE I Safety Supplies Fleet Operating 196794 64 FSH COMMUNICATIONS LLC Telephone Round Lake 196656 61 NORTHWEST RESPIRATORY SERVICE EMS Supplies Fire 196696 61 SPRINT Telephone Engineering 196268 60 OLSEN COMPANIES Equipment Parts Fleet Operating 196260 60 MINNESOTA RIVER BOARD Conference Expense Storm Drainage 196785 60 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Council 196285 59 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Operating 196534 59 ELVIN SAFETY LLC Safety Supplies Fire 196627 58 KIRKWALD,LAURA OR MARK AR Utility Water Enterprise Fund 196552 57 AZTEC BP Equipment Repair&Maint Police 196790 57 FERRELLGAS Repair&Maint.Supplies Utility Operations-General Check# Amount Vendor/Explanation Account Description Business Unit Explanation 196690 56 SHIMANSKI,BERMA Accounts Receivable Community Center Admin 196752 56 AA EQUIPMENT COMPANY Equipment Repair&Maint Den Road Liquor Store 196767 55 BOHNSACK,SUE Mileage&Parking Senior Center Administration 196732 54 LEBLANC,ERIC Clothing&Uniforms Police 196789 54 FEDEX Operating Supplies Park Maintenance 196764 53 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 3794 52 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits 196594 52 GIRARD'S BUSINESS SOLUTIONS IN Postage Customer Service 196405 51 FASTENAL COMPANY Operating Supplies Traffic Signs 196401 51 DOVER,RUTH Accounts Receivable Community Center Admin 196518 51 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 196728 51 CHRISTENSEN,MARGE Accounts Receivable Community Center Admin 196639 51 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM 196928 50 RENICK,BRIANNA M Deposits Escrow 196399 50 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 196171 50 BURGHARDI,STEPHEN Refunds Environmental Education 196187 50 EASTENSON,AMY Refunds Environmental Education 196231 50 JENNIGES,YVONNE Refunds Environmental Education 196507 50 TRI-COUNTY LAW ENFORCEMENT ASS Dues&Subscriptions Police 196563 50 CARLSON,CHARLES Refunds Environmental Education 196574 50 DUOOS,BRIAN Refunds Environmental Education 196590 50 FRATZKE,SANDRA Refunds Environmental Education 196651 50 NASLUND,NANCY Refunds Environmental Education 196684 50 ROBBINS WILLIAM Refunds Environmental Education 196702 50 STRAND,STEVE Refunds Environmental Education 196865 50 SCHECHTER,PHILIP Insurance Property Insurance 196906 50 WEISS,TODD J Deposits Escrow 196803 48 HACH COMPANY Laboratory Chemicals Water Treatment Plant 196156 46 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 196795 46 GINA MARIAS INC Operating Supplies Reserves 196601 45 HAYDEN-MURPHY EQUIPMENT COMPAN Equipment Parts Fleet Operating 196244 44 KRAEMERS HARDWARE INC Operating Supplies Street Maintenance 196297 43 SOUTHWEST OUTDOOR POWER Operating Supplies Park Maintenance 196473 42 POMP'S TIRE SERVICE INC Tires Fleet Operating 196337 40 APA NORTHSTAR CHAPTER Conference Expense Human Resources 196810 40 HIGHWAY TECHNOLOGIES INC Office Supplies Customer Service 196448 39 MEDTOX Employment Support Test Organizational Services 196872 37 SNAP-ON TOOLS Small Tools Fleet Operating 196827 36 MCCOY,ELIZABETH A Other Contracted Services Classes/Programs/Events 196801 35 GUBA,MATTHEW Accounts Receivable Community Center Admin 196884 35 SWEARENGIN,DIANNE Accounts Receivable Community Center Admin 196488 32 SHRED-IT Office Supplies Community Center Admin 196254 30 MD IAI Dues&Subscriptions Police 196786 30 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 196278 29 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating 196541 29 UPS Equipment Repair&Maint Public Safety Communications 196525 29 WM MUELLER AND SONS INC Gravel Street Maintenance 196243 28 KOVALA,CAROL Accounts Receivable Community Center Admin 196629 28 KRAEMERS HARDWARE INC Small Tools Water Metering Check# Amount Vendor/Explanation Account Description Business Unit Explanation 196354 28 SNYDER,KEVIN Accounts Receivable Community Center Admin 196484 28 SEELYE Equipment Parts Water Treatment Plant 196842 27 MOHAMED,KHADRA Accounts Receivable Community Center Admin 196250 25 LOVEKIN,LISA Refunds Environmental Education 196495 25 STATE OF MINNESOTA Licenses&Taxes Fleet Operating 196510 25 UNIVERSITY OF MINNESOTA Conference Expense Park Maintenance 196575 25 EASTENSON,AMY Refunds Environmental Education 196649 25 MUNICIPALS Conference Expense Organizational Services 196527 25 XCEL ENERGY Electric Flying Cloud Off Leash Park 196227 24 IVERSON,MARGARET Accounts Receivable Community Center Admin 196551 24 AT&T MOBILITY Pager&Cell Phone Park Maintenance 196645 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water System Maintenance 196576 22 ENGINEERING MINNESOTA MAGAZINE Dues&Subscriptions Engineering 196444 21 LIBERTY TIRE RECYCLING-MN Waste Disposal Fleet Operating 196582 21 FASTENAL COMPANY Operating Supplies Park Maintenance 196915 20 YAHOO! Other Contracted Services Police 196358 20 THAYIB,HASTUTI Deposits Community Center Admin 196348 20 LU,MON Accounts Receivable Community Center Admin 196350 18 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating 196874 17 SOUTHWEST OUTDOOR POWER Equipment Repair&Maint Park Maintenance 196549 17 ASPEN MILLS Clothing&Uniforms Police 196315 15 USPCA REGION 12 Dues&Subscriptions Police 196946 15 STATE OF MINNESOTA Licenses&Taxes Fleet Operating 196192 15 FASTENAL COMPANY Operating Supplies Traffic Signs 196863 15 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 196821 14 KEY,CHARLOTTE Accounts Receivable Community Center Admin 196389 13 COMCAST Operating Supplies Fire 196344 13 HUETHER,KRIS Accounts Receivable Community Center Admin 196929 11 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 196804 10 HASSAN,NARISO Accounts Receivable Community Center Admin 196454 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 196780 9 DELEGARD TOOL CO Small Tools Park Maintenance 196687 8 SEVERSON,LAVERNE Accounts Receivable Community Center Admin 196768 8 BORIL,LEE Accounts Receivable Community Center Admin 196340 2 BURNETT KARLA Accounts Receivable Community Center Admin 3,551,140 Grand Total City of Eden Prairie Purchasing Card Payment Report 03/20/2010 Payment Amount Explanation Vendor Account Description Business Unit 232 US-Mower Bearings CARNELL SALES,INC. Equipment Repair&Maint Park Maintenance -350 US-Core Charge Refund ZUMBROTA BEARING&GEAR Equipment Parts Fleet Operating 46 US-Valentine Brunch RAINBOW FOODS INC. Special Event Fees Classes/Programs/Events 31 US-B'dayNalentine Gifts DOLLAR TREE STORES,INC. Operating Supplies Senior Center Administration 654 US-Sr.Valentine Breakfast ANNIE'S CAFE Special Event Fees Classes/Programs/Events 5 US-Ice for Valentine Brunch PAYLESS GAS Special Event Fees Classes/Programs/Events 1 US-Senior Movie REDBOX DVD Operating Supplies Senior Center Administration 14 US-Planting Seeds WALMART COMMUNITY Operating Supplies Senior Center Administration 17 US-Mrs.SnellingVisit Snacks KWIK TRIP STORES Operating Supplies Red Hat 125 US-Mrs.SnellingVisit Tickets MINNESOTA HISTORICAL SOCIETY Operating Supplies Classes/Programs/Events 57 US-Dinner-Theater Tickets CHANHASSEN DINNER THEATRE Special Event Fees Trips 281 US-Sr Ctr Kitchen Supplies NEXT DAY GOURMET Operating Supplies Senior Board 1 US-Senior Movie REDBOX DVD Operating Supplies Senior Center Administration 7 US-Galv Wire-Dog Park HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 12 US-Gate Hinges-Dog Park HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 5 US-Screw Driver Heads HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 4 US-Hitch Pins NAPA AUTO PARTS Equipment Parts Sewer System Maintenance 174 US-Dinner-WaterSchool(6) GRANITE CITY FOOD&BREWERY Travel Expense Utility Operations-General 177 US-Water School HOLIDAY INN OF ST.CLOUD Travel Expense Utility Operations-General 177 US-Water School HOLIDAY INN OF ST.CLOUD Travel Expense Utility Operations-General 177 US-Water School HOLIDAY INN OF ST.CLOUD Travel Expense Utility Operations-General 177 US-Water School HOLIDAY INN OF ST.CLOUD Travel Expense Utility Operations-General 99 US-Sign Materials HOME DEPOT CREDIT SERVICES Signs Park Maintenance 99 US-TreeProgramTextbooks TREE CARE INDUSTRY ASSOCIATION Training Supplies Tree Disease 339 US-Airfare-New World Conf. DELTA AIR Travel Expense Fire 873 US-15 FAO Class Materials NATIONAL SAFETY COUNCIL Tuition Reimbursement/School Fire 15 US-Repair Parts for Saw GARDNER,INC Equipment Repair&Maint Park Maintenance 27 US-Repair Parts for Saw GARDNER,INC Equipment Repair&Maint Park Maintenance 300 US-R.L.Tennis Court Brds. MENARDS Building Materials Round Lake 200 US-Subscription Renewal SURVEYMONKEY.COM Dues&Subscriptions Fire 87 US-Command Staff Meeting TGI FRIDAYS Operating Supplies Fire 41 US-Video&Photo Supplies OFFICEMAX CREDIT PLAN Video&Photo Supplies Police 146 US-Forensics Power Suppl. DELL Miscellaneous IT Operating 63 US-Round Lake Irrigation HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance 7 US-R.L.Irrigation Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance 25 US-R.L.Irrigation Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance 16 US-R.L.Mech Rm Stool HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 52 US-Snow Plow Damage HOME DEPOT CREDIT SERVICES Equipment Parts Snow&Ice Control 14 US-Snow Plow Damage HOME DEPOT CREDIT SERVICES Equipment Parts Snow&Ice Control 6 US-Polish for Sweeper WILD PRAIRIE HARLEY DAVIDSON Operating Supplies Street Maintenance 34 US-Mtg w/Northland Secur. WILDFIRE Miscellaneous Community Development Admin. 27 US-Assessor Training Book BARNES&NOBLE Operating Supplies Community Development Admin. 21 US-Luncheon Meeting SANTORINIS Miscellaneous Community Development Admin. 60 US-CD Deck-Vehicle 410 BEST BUY Equipment Parts Fleet Operating 29 US-Needle Bearing/E-Clip A TO Z RENTAL CENTER Operating Supplies Park Maintenance 44 US-Microphone Cases FIELDTEX Video&Photo Supplies Communications 933 US-2 Microphones FH VIDEO INC Video&Photo Supplies Communications 40 US-UB Online Processing PAYPAL INC Bank and Service Charges Utility Operations-General 40 US-UB-Recurr.Credit Cards PAYPAL INC Bank and Service Charges Utility Operations-General 40 US-E-permit Web Security PAYPAL INC Equipment Repair&Maint IT Operating 826 US-Jan'10 Bldg Surcharge DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 254 US-Jan'10 Bldg Surcharge DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 81 US-Jan'10 Bldg Surcharge DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -25 US-Jan'10 Bldg Surcharge DEPT OF LABOR&INDUSTRY Other Revenue General Fund 49 US-GFOA Budget Book GOVERNMENT FINANCE OFFICERS AS Training Supplies Finance 425 US-Budget Awards Applicat. GOVERNMENT FINANCE OFFICERS AS Awards Finance 37 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 53 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 17 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 19 US-Food for Café FRESH SEASONS MARKET Merchandise for Resale Concessions 81 US-Food/Supplies for Café TARGET Merchandise for Resale Concessions 23 US-Concession Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Concessions 75 US-Drawer Carts TARGET Operating Supplies Community Center Admin 147 US-Office Supplies OFFICEMAX CREDIT PLAN Operating Supplies Community Center Admin Amount Explanation Vendor Account Description Business Unit 30 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 17 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 95 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 15 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 15 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 18 US-Food for Café KOWALSKI'S MARKET Merchandise for Resale Concessions 50 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 30 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 30 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 102 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 15 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 15 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 30 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 5 US-Food for Café HOLIDAY STATION STORES INC Merchandise for Resale Concessions 72 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 26 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 23 US-Food for Café TARGET Merchandise for Resale Concessions 32 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 45 US-Games for Team Bldg. TARGET Operating Supplies Concessions 11 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 26 US-Food for Café DAIRY QUEEN Merchandise for Resale Concessions 11 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 30 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 125 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 46 US-Dry Clean Jackets HOUR GLASS CLEANERS Operating Supplies Ice Arena 23 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 61 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 229 US-Subscription Renewal FINANCE AND COMMERCE Other Contracted Services Economic Development 95 US-Foundation Event PAYPAL INC Other Contracted Services Economic Development 99 US-Webinar RAGAN COMMUNICATIONS Conference Expense Communications 17 US-ABC Foundation Mtg BAKERS'RIBS Miscellaneous Administration 53 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 279 US-Council Workshop BAKERS'RIBS Miscellaneous City Council 144 US-Commission Interviews D BRIAN'S DELI&CATERING Miscellaneous City Council 53 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 22 US-YellowRibbon Prg Lunch BAKERS'RIBS Miscellaneous Administration 8 US-Blog TIGER TECHNOLOGIES Software IT Operating 53 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 56 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 75 US-Medtech Conference COLLABORATIVE,THE Miscellaneous Administration 20 US-Gold Medal Award Mtg. RAINBOW FOODS INC. Miscellaneous Recreation Administration 56 US-Mail Award Application UPS STORE,THE Postage Recreation Administration 12 US-Fuel for Vehicle 723 EXXON Motor Fuels Sewer System Maintenance 7 US-Transmission Fluid NAPA AUTO PARTS Lubricants&Additives Sewer System Maintenance 390 US-Cert Radios BUYTWOWAYRADIOS.COM Operating Supplies Emergency Preparedness 29 US-Command Staff Meeting GINA MARIAS INC Operating Supplies Fire 39 US-Tools Holder C&H DISTRIBUTORS,LLC Repair&Maint.Supplies Sewer System Maintenance 6 US-Shop Tools HOME DEPOT CREDIT SERVICES Small Tools Sewer System Maintenance 199 US-Shop Tools NORTHERN TOOL&EQUIPMENT Small Tools Sewer System Maintenance 204 US-Wall Tool Organizer C&H DISTRIBUTORS,LLC Repair&Maint.Supplies Sewer System Maintenance 15 US-Shop Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer System Maintenance 5 US-Shop Supplies GRAINGER Repair&Maint.Supplies Sewer System Maintenance 10 US-Spray License Renewal DEPARTMENT OF AGRICULTURE Licenses,Permits,Taxes Street Maintenance 700 US-3-Day Training(4) MINNESOTA RURAL WATER ASSOCIAT Tuition Reimbursement/School Water Treatment Plant 180 US-Motel-Training HOLIDAY INN Tuition Reimbursement/School Water Treatment Plant 270 US-Motel-Training HOLIDAY INN Tuition Reimbursement/School Water Treatment Plant 300 US-Conferene-Randy Slick MECA Conference Expense Storm Drainage 24 US-New Subscription MINNESOTA STATE HORTICULTURAL Dues&Subscriptions Park Maintenance 61 US-Thin Ice Signs HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 7 US-Mower Safety Lights HOME DEPOT CREDIT SERVICES Equipment Repair&Maint Park Maintenance 129 US-Shop Tools MENARDS Small Tools Park Maintenance 26 US-Sprayer/Paint/Rollers HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 168 US-Irrigation Table Materials HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 25 US-Irrigation Table Materials HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 92 US-ShopTools-Irrigat.Bench HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 47 US-Irrigation Table Paint HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 82 US-Tools for Meter Van SEARS EDEN PRAIRIE Small Tools Water Metering 163 US-Glaze for Pottery CONTINENTAL CLAY COMPANY Operating Supplies Arts Center Amount Explanation Vendor Account Description Business Unit 5 US-Toddler Art Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 76 US-Clay for Art Center CONTINENTAL CLAY COMPANY Operating Supplies Arts Center 145 US-B-Day Party Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties 363 US-Basketball Goal BSN SPORTS Operating Supplies Gymnasium(CC) 222 US-Warm.House Cabinets HOME DEPOT CREDIT SERVICES Building Materials Park Maintenance 60 US-Warm.House Storage HOME DEPOT CREDIT SERVICES Building Materials Park Maintenance 217 US-Warm.House Storage HOME DEPOT CREDIT SERVICES Building Materials Park Maintenance 65 US-Fuel-North.Birding Trip P J'S Operating Supplies Outdoor Center 19 US-Painting Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance -929 US-Returned Furniture ASHLEY FURNITURE Capital Under$2,000 Furniture 54 US-Sediment Water Filters WATER FILTERS Repair&Maint.Supplies City Hall-CAM 20 US-SecurityWeb Notification PAYPAL INC Dues&Subscriptions Utility Operations-General 11 US-Women In Leisure Prog KOWALSKI'S MARKET Operating Supplies Youth Programs Administration 200 US-Women In Leisure Prog EDEN PRAIRIE COMMUNITY CENTER Operating Supplies Youth Programs Administration 22 US-Soulfire Supplies TARGET Operating Supplies Youth Programs Administration 43 US-EP Idol Show GINA MARIAS INC Operating Supplies Youth Programs Administration 27 US-Bingo Night @ EPCC WALMART COMMUNITY Operating Supplies CC-Special Events&Trips 54 US-Bingo Night @ EPCC DOLLAR TREE STORES,INC. Operating Supplies CC-Special Events&Trips 149 US-Bingo Night @ EPCC DAVANNI'S PIZZA Operating Supplies CC-Special Events&Trips 5 US-Bingo Night @ EPCC TARGET Operating Supplies CC-Special Events&Trips 43 US-Sat Night Out Supplies TARGET Operating Supplies SC-Teen Programs 12 US-Sno Program Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies SC-Teen Programs 12 US-Sno Program Supplies PARTY CITY Operating Supplies SC-Teen Programs 263 US-Pizza for Sno Program DAVANNI'S PIZZA Operating Supplies Teen Programs 250 US-MonthlyBody Pump Fee SCW FITNESS Tuition Reimbursement/School Fitness Classes 290 US-Bodypump Training SCW FITNESS Tuition Reimbursement/School Fitness Classes 57 US-BOSU Training Manual NETA Tuition Reimbursement/School Fitness Classes 40 US-Fusion BOSU Workshop NETA Tuition Reimbursement/School Fitness Classes 10 US-Training Supplies NETA Tuition Reimbursement/School Fitness Classes 29 US-Aquatics Train.Supplies WALGREEN'S#5080 Tuition Reimbursement/School Fitness Classes 48 US-Cases for Tasers MILLS FLEET FARM Training Supplies Police 100 US-Training-P.Kenyon ATOM Tuition Reimbursement/School Police 209 US-Training-M.Moberg POWERPHONE INC Tuition Reimbursement/School Police 319 US-Training-Jamie Good DELTA AIR Miscellaneous CIP-Bonds 319 US-Training-Mike Huffer DELTA AIR Miscellaneous CIP-Bonds 319 US-Training-W.Kaehler DELTA AIR Miscellaneous CIP-Bonds 319 US-Training-Lisa Vik DELTA AIR Miscellaneous CIP-Bonds 319 US-Training-S.Mitchell DELTA AIR Miscellaneous CIP-Bonds 50 US-Delta Service Fee DELTA AIR Miscellaneous CIP-Bonds 171 US-Training-Jessica Claeys DELTA AIR Miscellaneous CIP-Bonds 20 US-Delta Service Fee DELTA AIR Miscellaneous CIP-Bonds 217 US-Projector Bulb PROJECTORQUEST Computers IT Operating 69 US-Software WEBEX COMMUNICATIONS Computers IT Operating 17,519 Report Total